FORM OF ARBITRATION BOND.

Know all men by these presents, that we, A B and C D of the county of Wake, in the State of North Carolina, are held and firmly bound unto E F of the county of Nash, in the State of North Carolina, in the sum of dollars, lawful money of the United States, to the true and faithful payment whereof, we bind ourselves our heirs, executors and administrators, jointly and severally, firmly by these presents, signed with our hands and sealed with our seals, this first day of January, A. D., 1852. The condition of this obligation is such, that whereas a certain matter of controversy has arisen between the above bounden A B and the said E F about and concerning their dealings, and mutual account kept by and between themselves for some years past; and whereas they have mutually agreed to refer and submit to the arbitrament and award of GH, JK, L M and N O, arbitrators indifferently named and chosen by and between them, and the said matters of controversy, and all things and considerations relating thereto, and it is agreed that the said arbitrators shall hear such statements of the parties, and such evidence as they may deem proper and make their award in writing, and deliver it to the parties or have it ready to deliver on the 30th of this month at the dwelling of G H. And it is further agreed that in case the said arbitrators shall fail to make an award as aforesaid, in consequence of an equal division of opinion between them, they (the arbitrators) are to choose an umpire, or fifth man, whose award shall be final, provided it be made in writing and delivered to the parties or ready to deliver, at the time and place aforesaid, or within three days thereafter. Now therefore, if the above bounden A B shall well and truly abide by, observe, keep and perform all and singular the agreements recited in this condition, then the above obligation is to be void, otherwise to remain in full force and effect.

Witness

PQ.

A B, [SEAL.]
CD. [SEAL.]

*

FORM OF A COMMON BAIL BOND EXECUTED BY THE DEFENDANT IN A SUIT, TO THE SHERIFF FOR APPEARANCE AT COURT.

State of North Carolina,
County of Wake.

Know all men by these presents, that we, A B, CD and E F, all of the county aforesaid, are held and firmly bound unto HS, Sheriff of Wake county, as Sheriff of the county aforesaid, in the just and full sum of dollars, current money of the State aforesaid, to be paid unto the said HS, Sheriff as aforesaid, as such Sheriff, his heirs, executors or assigns. For the true performance whereof, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this tenth day of August, 1852.

The condition of the above obligation is such, that if the above bounden A B, who has been arrested by the said HS, Sheriff as aforesaid upon a writ returnable to the next Court of Pleas and Quarter Sessions, for Wake county, at the suit of X Y do well and truly make his personal appearance at our next County Court, to be held for the county of Wake on the third Monday of November next, then and there to answer, [here state the character of the suit] and then and there to stand to and abide by the judgment of the said Court, and not depart said Court without leave, and said CD and E F, the security of the said A B, well and truly discharge themselves as special bail of the said A B in the said Court, then the above obligation to be void, otherwise to remain in full force and effect.

Signed, sealed and delivered, in the presence of

L M,

NO.

I, H S, Sheriff of the county of Wake, do hereby assign over the above obligation and condition to X Y, the plaintiff therein named, his executors and administrators to sue for and recover, agreeably to an act of assembly in such case made and provided. Given under my hand and seal this tenth day of August, 1852.

SHERIFF'S BOND FOR APPEARANCE, BY A DEBTOR ARRESTED ON

Know all men by these presents, that we, A B, CD, and E F, all of the county and State aforesaid, are held and firmly bound unto HS, in the sum of dollars; to the payment whereof, well and truly to be made and done, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally-firmly by these presents. Sealed with our seals, and dated this tenth day of August, A. D., 1852.

The condition of the above obligation is such, that whereas, a writ of capias ad satisfaciendum was issued at the instance of X Y, commanding any lawful officer to take the body of A B, and him safely keep, so that you have him before me or some other Justice of the Peace of said county, then and there to satisfy unto the said X Y, the sum of dollars, his debt, with interest from the day of , A. D., 185 , and also the sum of

dollars-costs on said suit. And whereas the said A B, has been arrested by HS, on said capias ad satisfaciendum; and whereas, the said A B, is desirous to take the benefit of the Act of Assembly for the relief of honest debtors: Now if the said A B, shall well and truly make his personal appearance at the Court of Pleas and Quarter Sessions to be held for the county of Guilford, at the court house in Greensborough, on the next, then and there to stand to and abide by such proceedings as may be had by the said Court in relation to A B, taking the benefit of the Act of Assembly for the relief of honest debtors, then the above obligation to be void: otherwise, to remain in full force and virtue. Witness,

Monday of

AB, [SEAL.]
CD. [SEAL.]

FORM OF CA. SA, BOND FOR CONSTABLES.

State of North Carolina, July 8th, A. D., 1852.

Wake County.

Know all men by these presents, that we, A B and C D, are held and firmly bound unto E F in the sum of dollars, to be paid to the said E F, his executors and administrators, whereunto we bind ourselves, our Leirs, executors and administrators, jointly and severally by these presents, signed with our hands and sealed with our seals, the day and date above written.

The condition of the above obligation is such, that whereas a writ of capias ad satisfaciendum was issued at the instance of the said E F, commanding any lawful officer to take the body of the said A B, and him safely keep until he shall satisfy unto the said E F, the sum of dollars, his debt, with interest from the fifth day of June, A. D., 1851, and also the sum of dollars, costs on the said suit, and whereas the said A B, has been arrested by JW, Constable, on said capias ad satisfaciendum; and whereas the said A B, is desirous to take the benefit of the Act of Assembly, passed for the relief of honest debtors: Now if the said A B, shall make his personal appearance at the next Court of Pleas and Quarter Sessions, to be held for the County of Wake, at the Court House in Raleigh, on the third Monday of August next, then and there to stand to and abide by such proceedings as may be had in the said Court, in relation to his case, then the above obligation to be void, otherwise to remain in full force and virtue.

Witness

A B, [SEAL.]
CD.

REMARKS ON A CA. SA. BOND.

1. The bond ought to be witnessed by some disinterested person, and not by the Constable, as is usually practiced. The obligors in a bond of this kind, are not permitted to deny the bond, that is to plead the general issue against it, without first making oath that such plea is true. Hence it is seldom necessary to prove the bond at all, and even if there is no subscribing witness, proof of the handwriting of the obligors will be sufficient.

2. In filling up a ca. sa. bond, always be particular to name the parties precisely as stated in the warrant and judgment; for a small variance in this particular will be fatal.

3. If a Constable or other officer should take an insufficient bond, and the defendant should thereby escape from under the process, such officer would, in most cases, be liable to the plaintiff for his debt.

4. The officer ought to hold the papers in his own hands till the return Court; because in the absence of the papers, he is not prepared to receive a surrender of the principal, which the bail has a right to make at any time in discharge of himself.

5. Where there are two or more defendants, and one of them is arrested under a ca, sa., and afterwards discharged, it operates as a discharge of all the defendants; and where the discharge was the voluntary act of the officer, he is liable to the plaintiff; but where it was the act of the plaintiff, the debt is totally ex tinguished.

FORM OF BOND FOR THE FORTHCOMING OF PROPERTY LEVIĘD ON UNDER EXECUTION.

Know all men by these presents, that we, A B and C D, are dollars,

held and firmly bound unto E F in the sum of for which payment we bind ourselves, our heirs, executors and administrators, jointly, severally and firmly by these presents; signed with our hands and seals this nineteenth day of August, 1852.

The condition of the above obligation is such, that whereas the said E F has levied an execution on the following property, to wit, [describe the property.]

• Now if the above bounden A B and CD will deliver or cause to be delivered to the said E F on the ninth day of September, 1852, at the house of GH, in the said county, at the hour of twelve, in the same condition, it is now ready for sale, then the above obligation is to be void, otherwise to remain in full force and virtue.