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

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Know all men by these presents, that we, A B, C D, and EF, all of the county and State aforesaid, are held and firmly bound unto H S, 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

A. D., 185 and also the sum of dollars-costs on said suit.. And whereas the said A B, has been arrested by H S, 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

Monday of 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 obliga

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FORM OF CA. 8A, BOND FOR CONSTABLES.

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

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 heirs, 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

AB, (SEAL.]
CD. SEAL.

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 bandwriting 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 i process, such officer would, in most cases, be liable to the plain. tiff 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 bas 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 extinguished.

FORM OF BOND FOR THE FORTHCOMING OF PROPERTY LEVIED

ON UNDER EXECUTION,

State ale crohn Carolina}

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, 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 C D will deliver or cause to be delivered to the said E F on the ninth day of September, 1852, at the house of G H, 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.

AB, [SEAL.
C D SEAL

FORM OF A BOND TO INDEMNIFY A CONSTABLE FOR LEVYING ON

DISPUTED PROPERTY.

Know all men by these presents, that we, A B C D and H I, of the county of Cumberland, and State of North Carolina, are held and firmly bound unto E F in the sum of dollars for the payment of which well and truly to be made and done we bind ourselves and each of our heirs jointly and severally by these presents. Sealed with our seals and dated this tenth day of August, 1852.

The condition of the above obligation is such that whereas the above bounden A B, has obtained a judgment before a Justice of the Peace for the sum of dollars against one C D, and an execution has been issued thereon ; and the said E F, has levied the same on the following property : [here describe the property :] which appears to be the property of said CD, but is claimed by G H: now, therefore, the condition of the above obligation is such that if the above bounden A B, and his securities shall well and truly save, keep and bear harmless and indemnify the said E F, and all persons aiding and assisting him in the premises from all harm, let, trouble, costs, suits or actions that shall or may be brought against him or them, as well for buying as making sale by virtue of said execution of any such property—then this obligation to be void—else to remain in full force and virtue. Signed, sealed and delivered in the presence of

A B, [SEAL. ] Q R.

CD. SEAL

FORM OF A PENAL BOND,

Know all men by these presents, that I, A B, of the city of Raleigh, and State of North Carolina, merchant, am held and firmly bound unto C D, of the said city, gentleman, in the sum of dollars, [this amount is called the penal sum, and is commonly double the amount of the real debt, in order to cover interest, costs, and other contingencies,] good and lawful money of the United States, to be paid to the said C D, his executors, administrators and assigns; to which payment well and truly to be made, I do bind myself, my heirs, executors, and admin

istrators, and every of them, firmly by these presents. Sealed with my seal, dated the seventh day of August, A. D., one thousand eight hundred and fifty-two.

The condition of this obligation is such, that if the above bound A B, his heirs, executors and administrators, or any of them, shall and do well and truly pay, or cause to be paid unto the above named CD, his executors, administrators and assigns, the just and full sum of dollars, lawful money aforesaid, with legal interest for the same, on or before the sixth day of October, in the year of our Lord one thousand eight hundred and fifty-two, without fraud or further delay, then this obligation to be void and of no effect, or else to remain and be in full force and virtue in law. In witness whereof, &c.

A B. [SEAL.] Signed, sealed and delivered in the presence of

E F.

DEED OF WARRANTY FROM ONE PERSON TO ANOTHER.

Know all men by these presents, that I, A B, of Wake county, North Carolina, in consideration of the sum of dollars, to me paid by C D, of Johnston county and State aforesaid, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said C D, his heirs and assigns, all that parcel of land or tenement, situated in Wake county and

ate aforesaid, bounded and described as follows, to wit : [here describe the boundary.) To have and to hold the afore-granted premises to the said C D, his heirs and assigns, to his and their use and behoof forever. And I, the said A B, do hereby for myself and my heirs, executors and administrators, covenant with the said C D, his heirs and assigns, that I am lawfully seized in fee simple of the afore-granted premises, that they are free of all incumbrances ; that I have good right to sell and convey the same to the said CD. And that I and my heirs, executors and administrators, will warrant and defend the same premises, to the said C D, his heirs and assigns forever, against the lawful claims and demands of all persons.

In witness whereof, I, the said A B, “ together with Z B, my wife, who hereby relinquishes her right of dower in the

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