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e Peace in and for said county, to answer the aforesaid sarge, and be further dealt with according to law. Herein il not. Given under my hand and seal, this day of
18 C D, J. P. [SEAL.]
Note. This one form may serve as a guide in drawing neary all State's Warrants. They may be commenced and
ended precisely in the same way-observing the proper statements of acts, according to the circumstances constituting the offence.
It is unnecessary to take a written affidavit from the informer; but he must be examined on oath.
FORM OF A SEARCH WARRANT,
State of North Carolina, }
To any Constable or other lawful officer of said county.
Whereas it appears to me A B, one of the Justices of the peace in and
for said county, by the complaint and information on oath of C D of said county, planter, that the following goods, viz:-[Here describe the articles,] have, within days last past, been, by some person unknown, feloniously stolen, taken and carried away out of the dwelling-house of the said C D, in the county aforesaid--and that the said C D hath
probable cause to suspect and doth suspect, that the said goods > or part thereof, are concealed in the dwelling-house of EF, planter, in the county aforesaid.
These are therefore in the name of the State, to authorize and require you, with proper and necessary assistants in the day time, to enter into the said dwelling house of the said E F in the county aforesaid, and there diligently to search for the said goods ; and if the same or any part thereof shall be found upon such search, that you bring the goods so found and the body of the said E F before me or some other Justice of the Peace, in and for said county, forth with, to be disposed of and dealt with according to law. Given under my hand and seal, this day of A.D. 18
A B, J. P. [SEAL.]
FORM OF A STATE'S WARRANT FOR RETAILING SPIRITUOUS
LIQUORS WITHOUT A LICENSE.
any lawful officer of said county to execute and return. Whereas information hath this day been made to me, A B, one of the acting Justices of the Peace in and for said county, on the oath of C D, that E F, late of said county, on the Istit. day of this instant, at the dwelling of the said E F, in the county aforesaid, did retail ardent spirits by the small measure, and sell the same, that is to say, one half pint of brandy to G. H, contrary to the acts of Assembly in that case made and provided. You are hereby commanded in the name of the State to ar
1 rest the body of the said E F, if to be found in your county, and him have before me or some other Justice of the Peace in and for said county, to answer the aforesaid charge, and be further dealt with according to law. Herein fail not. Given under my hand and seal, this day of A. D., 18
A B, J. P. [SEAL.] Note. This one form may serve as a guide in drawing nearly all State Warrants. They may be commenced and ended precisely in the same way--observing the proper statements of facts, according to the circumstances constituting the offence.
unnecessary to take a written affidavit from the informer, but he must be examined on oath.
FORM OF A WARRANT TO RECOVER THE PENALTY FOR TURNING
ned a part of the public road leading from to in 1 county without any order of the County Court founded on the report of a jury for that purpose, out of its usual and ablished course; and hath continued such part of the said ad so turned out of its old and proper course, for and during e space of two months, contrary to an act of assembly passed
the year 1784, entitled an act “to empower the County purts of Pleas and uarter Sessions of the several counties in is State, to order the laying out of public roads,” &c., where
he hath forfeited the sum of ten pounds to any person sueg for the same. These are therefore to command you to ring the said E F before me or some other Justice of the eace, in and for said county, to answer the said complaint and
be dealt in the premises as the law directs. Given under my hand and seal, this day of A. D. 18
C D, J. P. [SEAL.]
METHOD OF PROCEDURE TO RECOVER DAMAGES.
If horses, cattle, or hogs break into your enclosed ground, and do damage, you must make complaint to a Justice of the Peace, who will cause to be summoned two freeholders, to attend on the premises, and, together with himself, view your fences, and if they be lawful, assess the amount of damage you have sustained. The freeholders must be indifferently chosen by the Justice. The summons may be in this form :
To any constable, or other lawful officer of said county.
You are hereby commanded to summons A B and C D personally to be and appear with me on the premises of E F on the day of this month, then and there to view and exam ine on oath, whether the fences of the said E F are sufficient and lawful; and what damages have been by him sustained, in consequence of a trespass alleged to have been committed by the horses (cattle or hogs, as the case may be] of G H, and certify the same according to law. Herein fail not. Given under my hand and seal, this day of A. D. 18
L M, J. P. [SEAL.]
This summons, like any other precept from a Justice, mas in case of necessity, be directed to a private person. It ough to be executed and returned, either to the Justice or to thu complainant immediately, in order that the proceedings me appear regular on a future inspection. The Justice need not be sworn, he acts under his official oath; he must qualify the free holders. No form is prescribed by the act of assembly, b« the following is a good form : “You swear (or afirm, as the case may be that you will impartially view and examine the fences of E F, and also what damage he bas sustained by means of a trespass committed by the horses (cattle or hogs, as the case may be] of G H, and will truly certify the same," &c.
If the fences are sufficient, (or lawful, which means the same thing) the certificate may be in this form :
State of North Carolina, }
Be it remembered,
That on the complaint of E F, we the undersigned, L M, one of the acting Justices of the Peace in and for said county, and A B and C D freeholders of said county, being lawfully sum, moned, and duly sworn as required by law, this day proceeded to view and examine the fences of the said EF; which fences we find to be sufficient, according to the laws of this State. And on our own view, and the examination of testimony had before us, we further find, that a trespass has, within the last
days, been committed within the cultivated grounds of the said E F, enclosed by the said lawful and sufficient fences, and that said trespass was done and committed by the cattle of J K. And lastly, we assess the damages sustained by reason ofsaid trespass, to amount to the sum of dollars, to be recovered by the said E F against the said J K according to law. Certified under our hands and seals, this day of A. D. 18
L M, J. P. [SEALED
If the amount of damages thus assessed should not exceed $60, you may recover it on a warrant before a Justice. The warrant may be filled up in the usual way except as to the statement, how due, say “due by certificate of damages for trespass of cattle,” (or horses or hogs, as the case may be.)
The act of assembly on which this procedure is founded closwith the following section : “That if any person whose ice shall be adjudged insufficient, shall with guns, dogs, or aerwise, unreasonably chase, worry, maim or kill
, any horses, ttle or hogs, or cause the same to be done, such person so ofading, shall make full satisfaction for all such damages to the arty injured, to be recovered as aforesaid.”
From an attentive perusal of the foregoing forms, remarks, :c., it is believed there will be no difficulty in adapting the proedure to the peculiar circumstarces of any case that can posibly arise, within the provisions of the two acts of assembly of 1777 and 1791.
Here the inquiry is important, and naturally arises, --what s to be done, when fences are not lawful, and the stock of the neighbor becomes troublesome? Am I obliged to suffer depredations of this kind on my own premises, without the possibility of redress Not by any means; but redress must be sought in a different way, and before a different tribunal. The parties are left to their rights at common law. The plaintiff' must bring his action in Court; and if he prove that the defendant was guilty of gross negligence, he may recover damages.
FORM OF A WARRANT AGAINST A DEFAULTING WITNESS.
State of North Carolina,
Constable or other lawful officer. Whereas A B complains before me, that C D on the day of made default, after having been duly summoned to appear and give evidence as a witness in behalf of the said A B at
on the said day of in a case then and there to be tried, wherein the said A B was plaintiff, and EF was defendant whereby the said C D hath forfeited to the said A B the sum of four dollars, according to an act of Assembly in that case made and provided : of which sum he unjustly delays the payment. These are therefore to command you to take the body of the said C D, and him safely keep, so that you
have him before some Justice of the Peace in and for