the sum of dollars, till paid for debt in and there prosecuted against the said

suit, then

and also the sum of

dollars, for cost and charges in the said suit, expended, for all which he is convicted as appears to us of record. And though judgment therefor is given, yet execution thereof remains to be made, and we being by the said supplicated

to provide a fi remedy whereby to enforce said judgment, and we being willing to do what of right should be done, do command you to make known to the said that he appear at the next Superior Court of Law to be held for the county of the Court-house in

day in

on the

Monday after the

next, then and there to shew cause, if

or can shew, wherefore the said

at

Mon

he hath any shall not have execution

for the aforesaid recovery of debt, cost and charges, as well as cost of this writ.

Witness, &c., &c.

SCI. FA. AGAINST DEFAULTING SHERIFFS FOR NOT MAKING RE

TURN OF PROCESS, &c.

State of North Carolina.

To the Coroner of County, Greeting:

}

Whereas, Sheriff of your county was in the Superior Court of Law for the county of

to the act of Assembly, in such case made and provided, in the lately amerced according sum of one hundred dollars for not making return of an issued from said Court and placed in his hands returnable to Term, A. D. 18

stance of

at the in

Therefore, because the Court is willing that what is right in this instance should be done :-We, therefore, command you that you make known to the said

Sheriff aforesaid, that he

be before the said Court to be held on the the Monday in Monday after wherefore the said amercement should not be made absolute, next, to show cause if any he hath, and execution issue thereon against him for the same, and further to do and receive all whatsoever the said Court shall consider of him in this behalf. Herein fail not, and have you then and there this Writ.

Witness, &c., &c.

SCI. FA. AGAINST A DEFAULTING WITNESS IN A CIVIL CAUSE.

State of North Carolina,

County.

To the Sheriff of

county, Greeting:

Whereas,

was summond to attend our Honorable Supe

on the

rior Court of Law, held for the county aforesaid at the Court-
Monday after the Monday of
in a suit which was
pending in said Court, wherein was plaintiff and

house in
A. D. 18 as a witness on behalf of

defendants.

were

The said was solemnly called out on his said subpoena, and failed to appear; it was therefore ordered by the Court, that the said be fined nisi according to the act of Assembly in such case made and provided.

You are therefore commanded that you make known to the said that he appear before the Honorable Judge of our Superior Court of Law, to be held for the County aforesaid, at the Court-house in on the Monday after the Monnext, then and there to shew cause if any he hath, wherefore the said fine should not be made absolute. Herein fail not, and have you then and there this writ.

day of

Witness, clerk of our said Court at, &c.

Issued the

day of

18

SUBPOENAS OR SUMMONS.

SUMMONS FROM COUNTY COURT.

State of North Carolina,

To the Sheriff of county, greeting;

You are hereby commanded to summon

}

if to be found in your county, personally to be and appear before the Justices. of our County Court of Pleas and Quarter Sessions, at the court to be held for the county of

on the Monday of

at the court

next, then and

house in
there to testify and the truth to say in behalf of

in a

certain matter of controversy pending, wherein

and

plaintiff

defendant. And this you shall in no wise omit, un

der the penalty prescribed by law.

Witness

Clerk of our said Court at Office, the

day of

18

Monday of A. D. 18. Issued the

DUCES TECUM.

State of North Carolina,

To the Sheriff of

county, greeting:

You are hereby commanded to summon

him

and to bring

personally to be and appear before the Honorable

Judge of our Superior Court of Law, to be held for the county

of

at the Court House in

on Monday after the next, then and there to produce said say on behalf of

in a certain

matter of controversy in our said court depending, wherein

assign the whole of my right, title and interest of, in and to ten shares in stock of the New California Mining Company of North Carolina, to C D, of and constitute him, his assigns and substitutes, my attorney and attorneys, with full power to receive in his or their name or names, certificates for the said shares, hereby obliging myself at his or their request to do all necessary matters and things for the more effectually transferring the said shares to him or them.

Note. The above should be acknowledged and attested before some Justice of the Peace, &c. This will do for a general Form, but there are special forms provided for in many joint stock companies.

WARRANTS.

HOW TO FILL UP A CIVIL WARRANT AS TO THE FORM OF ACTION.

1. In stating how the claim is due, reference must be had, not to the form of action at common law, but the acts of assembly having jurisdiction to a single Justice out of Court.

2. If I warrant on an instrument under seal, I would say :"Due by bond." If not under seal :-"Due by note," (or by such instrument as it is, describing it.) The common practice is, to say "due by note," whether the paper have a seal or not. And it is not probable that in a civil suit, the defendant could take any advantage of the distinction here mentioned.

3. If I warrant on a written agreement, such for instance as school-articles, I would say:- "Due by articles of agreement.”

4. If you warrant on a verbal promise to pay money, say :"Due by assumpsit," and if you have been compelled to pay money for another, or have done so at his request,—say in the warrant, "Due by assumpsit for money had and received." And the warrant should be filled in the same way, where money is paid to another through mistake; or where money is paid for an article of property that has been fraudulently sold to the plaintiff.

5. If the warrant be on book account, that is signed by the debtor, say-"Due by liquidated account," or when it is not signed, say "due by open account."

6. The rule is always state the charge in such a manner as will enable the defendant to meet it on its merits.

То

WARRANT BY A MAGISTRATE FOR DEBT WITH FORMS OF JUDGMENT AND EXECUTION.

State of North Carolina,

County.

any lawful officer to execute and return within thirty days from the date hereof (Sundays excepted.)

You are hereby commanded to take the bod safely keep so that you have

of

and

before me or some other Jus

dollars due by

tice of the Peace for said county, to answer the complaint of for the non-payment of the sum of Given under my hand and seal, the

day of

18

GH, J. P. [SEAL.]

dollars and cents, with

Former cost

Given under my hand and seal, the

Present cost
day of 18

G H, J. P. [SEAL.]

Execute and sell so much of the defendant's property as will satisfy this Judgment and cost, and return according to law. G H, J. P. [SEAL.]

То

FORM OF A STATE'S WARRANT.

State of North Carolina,

County.

}

any lawful officer of said county, to execute and return.

Whereas, information hath this day been made to me

one of the acting Justices of the Peace in and for said county, on the oath of late of said county, on the

day of this instant, at the dwelling of the said

the county aforesaid, did

in

You are therefore hereby commanded, in the name of the

State, to arrest the body of the said

your county, and him have before me or some other Justice of