FORM OF CONDITIONAL JUDGMENT ON ATTACHMENT. Conditional judgment is granted in favor of the plaintiff gainst the defendant, for the sum of ollars, to be made absolute at the end of thirty days from the ate hereof, (Sundays excepted) unless the defendant appear ithin that time, and answer the plaintiff according to law. and the property and effects levied on as stated within the rearn, including the garnishment of are condemned to the se of the plaintiff. Given under my hand and seal, this tenth ay of August. CD, J. P. [SEAL.] FORM OF THE JUSTICE'S ADVERTISEMENT. State of North Carolina,} AB vs. E F. ATTACHMENT. EF the defendant in this case, will hereby take notice, that aid attachment was this day returned before me, levied on two ead of cattle, &c. A garnishment was also returned against K on which there is judgment entered for the sum of dollars; all which is condemed to the use of the plainiff, and conditional judgment entered against the defendant or the sum of dollars, to be made absolute and final at he end of thirty days from the date hereof, unless the defendnt appear and answer the plaintiff according to law. FORM OF THE FINAL JUDGMENT. The defendant fails to appear and answer according to law. The above conditional judgment is therefore now made absoate and final for the sum of dollars, and cost of suit, seventy cents. Given under my hand and seal this tenth lay of August, A. D., 1852. CD., J. P. [SEAL.] FORM OF THE ORDER OF SALE. State of North Carolina, To L M, Constable, or other lawful officer of said county: You are hereby commanded to sell the property levied on by virtue of this attachment; and satisfy the above judgment and cost, together with your fee for this service, forty cents-observe the law. Herein fail not. Given under my hand and seal, this tenth day of August, A. D. 1852. CD., J. P. [SEAL.] Note. The Constable ought to leave the foregoing notice of Garnishment with the Garnishee, (or at his residence) and return a true copy of it to the Justice, with the attachment; and if the Garnishee fail to appear, the Justice must note his fail ure on the back of the paper and file it, or attach it to the other papers, and then issue a second notice from himself, which may be in this form : State of North Carolina,} To L M, Constable, or other lawful officer of said county: Whereas, it appears that A B has been legally summoned to answer as Garnishee in a case of attachment this day returned before me, wherein E H is plaintiff, and D C is defendant; and failed to make his appearance accordingly: You are therefore commanded to notify the said DC to be and appear before me, at my dwelling, on the twelfth day of this month, at the hour of ten and show cause, if any he hath, why the plaintiff should not proceed to judgment and execution against him for the sum dollars; that being the amount of the debt claimed in his said attachment. Given under my hand and seal, this eleventh day of August, 1852. of CD., J. P. [SEAL.] PRACTICAL OBSERVATIONS ON THE SUBJECT OF ATTACHMENTS. 1. An attachment granted without bond and security, is void in law. 2. The bond must be filled up with double the amount of the debt claimed. 3. Where an attachment is levied on land, the officer's return ought to state what land it is, as for instance:-" Levied on a tract of land, lying on the waters of Neuse, adjoining the lands of X Y and others, supposed to contain five hundred acres" And the procedure is the same, whether the attachment be levied on real or personal property, until it comes to the order of sale, which cannot be issued by a single justice; but the papers must all be returned to the next County Court, and the order obtained there in case of land. 4. If a Garnishee have in his possession specific property of any description belonging to the defendant, he may exonerate himself by delivering it up to the officer who serves the Garnishment; and it should then be returned on the Attachment, as levied on. 5. If the Garnishee deny owing any thing to the defendant, the plaintiff may on oath suggest that he does owe, &c. The affidavit may be in this form : A B, maketh oath that he hath good reason to believe, and doth believe, that JK, a Garnishee in this Attachment, is justly indebted to CD, the defendant, [or that he holds in his kands property belonging to the defendant, as the case may be] and doth hereby suggest that he can make the same appear by legal proof. Sworn to before me, this tenth day of August, 1852. C D., J. P. On this affidavit the Justice ought to return all the papers to the next County Court, where an issue will be made up and tried by a Jury, between the plaintiff and Garnishee. 6. In case the debt owing from the Garnishee to the desendant will not be due till some future time, the judgment Fl against the Garnishee should be conditional only. It may be in words to this effect: Conditional judgment is granted against JK, the Garnishee in this case, to be made absolute and final after the first day of October next, unless sufficient cause be shown to the contrary on the return of lawful notice. Given under my hand and seal, this tenth day of August, A. D., 1852. J. P. [SEAL.] The notice here alluded to, may be in this form: State of North Carolina, AB vs. E F. } JK, Garnishee, will please take notice that he is hereby required to appear before me at my dwelling on the twelfth day of August, and then and there shew cause, if any he hath, why the conditional judgment in this case against him as Garnishee should not be made absolute and final, and execution issued thereon. Given under my hand and seal, this tenth day of August, A. D. 1852. J. P. [SEAL.] 7. It sometimes happens that a Garnishee makes such statement of facts as will not authorize the Justice to give judgment either way. He ought then to return the papers pers to the next County Court, that an issue may be made up and tried by a jury, to ascertain how far, or whether at all, the Garnishee is liable to the plaintiff. 8. The defendant in attachment, by himself, his agent or attorney, may replevy the property any time within thirty days from the return of the Attachment; and in case of replevin, the security is not liable for the amount of the debt, but for the value of the property replevied. 9. An administrator is not liable to answer as Garnishee, whether his estate was or was not indebted to the defendant in the Attachment. ATTORNEY, POWERS OF,-(see Deeds.) 2 AWARD. FORM OF AN AWARD. State of North Carolina, Wake County, at the dwelling of G H. } Be it remembered, That whereas a certain matter of controversy has arisen between A B and E F, about and concerning their dealings, and the mutual accounts kept by and between themselves for some years past; and whereas they have mutually agreed to refer and submit the same to the arbitrament and award of us, GH, JK, L M and N O, arbitrators indifferently named and chosen by and between them; as on reference to the terms of the submission, will more fully and at large appear; Now, therefore, be it remembered, that we have proceeded according to the said submission, to examine the same upon its merits, on the statements of the parties and the evidence laid before us, and after due deliberation, do unanimously join in making up the following award: that is to say--After disallowing and striking out sundry items in the account of the said A B, we find his claim amounts to the sum of - dollars, and after disallowing, and striking out sundry items in the account presented by the said E F, and altering the price of others, we find his claim amounts to the sum of dollars, we therefore do hereby award, and determine that the said E F shall pay to the said A B forthwith the sum of dollars, and that this award shall be final and conclusive between the said parties. Signed, sealed, and a copy delivered to each party at the place aforesaid, on this day, being the 30th of January A. D. |