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turnable before a Justice of the Peace. Although attachments 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 nec sity of rendering the subject as intelligible as possible to Ma istrates and parties.

FORM OF THE AFFIDAVIT TO OBTAIN AN ATTACHMENT.

State of North Carolina,
Wake County.

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A B maketh oath before me C D, one of the acting Justice of the Peace in and for said County, that E F is justly indebted 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 Au gust, A. D. 1852.

FORM OF AN ATTACHMENT BOND.

State of North Carolina,
Wake County.

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

he said A B shall prosecute the said suit with effect, or in e 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 d, otherwise to remain in full force and effect. Witness our hands and seals, this first day of September, D. 1852.

ORM OF AN ATTACHMENT RETURNABLE BEFORE A JUSTICE.

State of North Carolina,
Wake County. S

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

Whereas A B hath complained on oath to me JP one of he acting Justices of the Peace in and for said county, that C is justly indebted to him in the sum of dollars 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 hands to secure, or so to provide that it shall be liable and an[swerable 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 roceedings may be had in relation thereto, according to law, o 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, }

of

Mr. J K.

Sir-You will please to take notice, that on the 25th inst., at the dwelling of C D Esq., I shall return an attachmen before the said C D., or some other Justice of the Peace, where in AB is plaintiff and E F defendant; when and where you are hereby summoned to appear as garnishee, and answer on 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 defent dant by any other person, or any of his effects remaining in the hands of any other person.

L M, 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.]

L M, 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.]

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. nd 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 py of August.

CD, J. P. [SEAL.]

FORM OF THE JUSTICE'S ADVERTISEMENT.

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A B vs. E F.
ATTACHMENT.

E F 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.

State of North Carolina,
Wake County.

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 day of August, A. D., 1852.

C D., J. P. [SEAL.]

FORM OF THE ORDER OF SALE.

State of North Carolina, }

Wake County.

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.

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C D., 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,
Wake County.

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 D C 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 of 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. C D., J. P. [SEAL.]

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