all and singular the premises hereby assigned, or intended so to be, and the whole benefit and advantage thereof, and all mo ney arising therefrom, unto the said CD, his executors, administrators and assigns, to and for his and their own proper use f and benefit: And the said A B, for the consideration aforesaid, a has made, ordained, constituted and appointed, and by these presents does make, ordain, constitute and appoint the said CE D his the said A B's true and lawful attorney, irrevocable, giving to him full power and authority, in the name or names of him the said A B, his executors or administrators, to demand, sue for, recover, levy and receive all and every sum and sums of money now due and owing for principal and interest on the said bond or obligation hereby assigned or mentioned, or intended so to be, or that shall or may hereafter grow or accrue due thereon, to and for the sole use and benefit of him the said CD, in such manner, and by such process and lawful means as he the said C D shall be advised and think proper; and upon receipt thereof, or upon satisfaction being given to the said C D for the same, in the name of the said A B, or in the name of him the said CD, to release and discharge the said Y Z, his heirs, executors and administrators from the same, and further, to do and perform all and every other lawful act and acts, thing and things, necessary and expedient to be done for the recovering, receiving or discharging the money due and payable, or that shall hereafter grow due and payable on the said hereby assigned bond or obligation, as to the said CD shall appear advisable and expedient: and one or more attorney or attorneys under him or them for the purposes aforesaid, to constitute and appoint, and again at his or their pleasure to discharge: And the said A B does hereby covenant, promise and agree to and with the said CD, that he the said A B has not at any time heretofore done or committed, nor shall or will at any time hereafter do or commit any act, matter or thing whatsoever, whereby the hereby assigned bond or obligation, or the money secured thereby, or any part thereof, or any process, proceedings, suit, judgment or writ of execution whatsoever, that shall or may be had, taken, commenced or prosecuted thereon, in pursuance of these presents, or any power or authority hereby given or granted, is, are, shall or may be in any wise released, impeached or discharged, hindered or avoided; but shall and will from time to time, and at all times, ratify and confirm all

ach matters and things, writs, process, executions and proceedgs, as he the said C D., his executors, administrators or asgns, shall, in pursuance of these presents, do, commence, ing or prosecute, upon or by reason of the said bond or obliation and premises hereby assigned, in any wise: Provided Iways, and it is hereby agreed by and between the said pares to these presents, that if the said A B do, and shall well nd truly pay or cause to be paid unto the said CD the said everal and respective principal sums of dollars and

dollars of lawful money of the United States, with lawl interest for the same respectively, at or upon the day apointed for the payment thereof, in and by the said two several ereinbefore mentioned conditions of the said recited bonds or bligations so entered into, and given by the said A B to the aid CD as aforesaid, and according to the true intent and meaning of the same respectively, then this present indenture, nd every thing herein contained, shall immediately from thenceArth cease, determine, and be absolutely void, to all intents and purposes whatsoever, anything hereinbefore contained to he contrary thereof in anywise notwithstanding. And the better to effect the foregoing provisions, all the within covehants, grants, powers and conditions, shall extend to and bind The executors, administrators and assigns of the parties as well as themselves.

In witness, &c.

ATTACHMENTS.

The subject of Attachment for debt is less understood by the ommon people of North Carolina, than any other branch of he law. We shall here therefore lay dow a regular series of rocess relating to this form of action returnable before a Jusice of the Peace. So far as each separate item of the process orms necessarily a part of the procedure in every suit by attachment, it will be found in its proper place: yet there are other instances of process rendered necessary only from the peculiar circumstances of the case, and therefore not used at all in many suits by attachments: these will mostly be found in notes, and such promiscuous observations as may ay be made on the subject. What follows, relates principally to attachments returnable before a Justice of the Peace. Although attachment are less frequent, than the more ordinary species of legal coer cion, yet when circumstances render it necessary, there is us ally no opportunity of taking legal advice. Hence, the nece sity of rendering the subject as intelligible as possible to Mayer istrates and parties.

FORM OF THE AFFIDAVIT TO OBTAIN AN ATTACHMENT.

State of North Carolina,
Wake County.

A B maketh oath before me CD, one of the acting Justice of the Peace in and for said County, that E F is justly indebte to him in the sum of dollars, or thereabouts, to th best of his knowledge and belief. And that this affiant has re son to believe and does belive, that the said E F has absconde or removed from the said County or so conceals himself, that the ordinary process of law cannot be served on him.

Sworn to and subscribed to before me, this tenth day of A gust, 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 the true and faithful payment of which sum, we bind ourselves, our heirs, executors and administrators, jointly an severally by these presents, signed with our hands, and sealed with our seals.

The condition of this obligation is such, that whereas the above bounden A B hath sued out an attachment against the estate of the said E F, returnable before a Justice of the Peace, for the sum of dollars; now therefor

the said A B shall prosecute the said suit with effect, or in se he fail therein, shall well and truly pay to the said E F, such costs and damages as shall hereafter be recovered ainst him, the said E F, in consequence of having wrongfully ed out said attachment, then the above obligation is to be Did, otherwise to remain in full force and effect.

Witness our hands and seals, this first day of September, .. D. 1852.

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ORM OF AN ATTACHMENT RETURNABLE BEFORE A JUSTICE.

State of North Carolina,
Wake County.

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To any Constable or other lawful officer, to execute and reArn within thirty days from the date hereof (Sundays exepted.)

Whereas A B hath complained on oath to me JPone of he acting Justices of the Peace in and for said county, that C dollars

is justly indebted to him in the sum of lue by book account; and that the said CD hath absconded or removed from the said county, or so conceals himself, that he ordinary process of law cannot be served on him, and the aid A B having given bond and security according to law: These are therefore to command you, to attach the estate of the id C D repleviable on security, if to be found in your county, r so much thereof as shall be of value sufficient to satisfy the aid debt and cost. And such estate, so attached, in your mands to secure, or so to provide that it shall be liable and anwerable to the satisfaction of the above claim. And that you nake return of your proceedings before me or some other Jusice of the Peace in and for said county, in order that further Proceedings may be had in relation thereto, according to law, 60 as to compel the defendant to appear and answer the plaintiff in the premises. And have you then and there this Writ. Herein fail not.

Given under my hand and seal, this fith day of August, A. D. 1852.

FORM OF A GARNISHMENT.

State of North Carolina,
County of Wake.

Mr. J K.

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Sir-You will please to take notice, that on the 25th inst., at the dwelling of CD Esq., I shall return an attachment before the said C D., or some other Justice of the Peace, where in A B is plaintiff and E F defendant; when and where you are hereby summoned to appear as garnishee, and answer of oath relative to what you are indebted to the defendant, and what property and effects you have in your hands, or had a the time of receiving this notice, belonging to the defendant and also whether you know of any debts owing to the defen dant by any other person, or any of his effects remaining in the hands of any other person.

LM, Constable.

FORM OF THE OFFICER'S RETURN.

The within attachment is this day executed, by levying on two head of cattle, &c., &c., and also by sumoning J K, as Garnishee.

[Date.]

LM, Constable.

FORM OF A JUDGMENT ON GARNISHMENT.

The Garnishee, JK appears, and having been duly sworn, states on oath, that he is indebted to the defendant E F to the amount of dollars, and no more; therefore judg

ment is granted against the said A B for the said sum of

dollars.

Given under my hand and seal, this &c.

CD, J. P. [SEAL.]