Blanchard v. Raines'

Citations

• 20 Fla. 467

Syllabus

<p>1. The act of March 11, 1879, Chapter 8181, and the act of February 22, 1881, Chapter 8247. providing- a summary proceeding by warrant of distress for securing the rents due to and the advances made by the landlord or at his request, by which the property liable to seizure is levied upon without personal notice to the tenant, is not'in conflict with the constitutional provisions which secure the right of trial by jury, and declare that no person shall be deprived of property without due process of law. The acts provide that the tenant may have the matters in dispute tried by a jury on replevying the property and tendering an issue.</p> <p>2. The forms of administering justice and the powers of the courts are subjects of legislative control.</p> <p>8. Where a proceeding is substantially a proceeding in rein, a seizure of property in the possession of the owner for the enforcement of a lien upon it, is held to be sufficient notice to the owner, if no other notice is required by the statute.</p> <p>4. The statute giving a lien and remedy to the landlord for rent and advances enters into and forms part of the agreement for leasing.</p> <p>5. The provision of the Constitution that “the right of trial by jury shall remain inviolate ” does not confer a right to a jury trial where the right did not before exist, but secures the right against abridgment in cases where it existed prior to the adoption of the Constitution. There is no infringement so long as the right is not directly or indirectly denied.</p> <p>6. A note promising to pay a sum of money for rent of land to which is appended a stipulation that if this note and another for the same amount shall be promptly paid when due the payee shall make title to the land to the maker of the notes, otherwise the amonnt to be deemed as rent only is but a promise to pay rent, which may become purchase money upon full compliance by the lessee.</p> <p>7. The landlord’s lien for rent and for advances as provided by the acts of