« AnteriorContinuar »
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
be in this form :
State ale North Carolina, }
A B, maketh oath that he hath good reason to believe, and doth believe, that J K, a Garnishee in this Attachment, is justly indebted to CD, the defendant, for 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 cwing from the Garnishee to the desendant will not be due till some future time, the judgment
against the Garnishee should be conditional only. It may be in words to this effect:
Conditional judgment is granted against J K, 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, | A B vs. E F.
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 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.)
FORM OF AN AWARD.
State of North Carolina,
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, G H,J K, 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 ac
count presented by the said E F, and altering the price of othEers, 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. 1852. Done in presence of
GH, [DEAL.] P Q.
CERTIFICATE OF DEPOSITE IN BANK.
No. 1984. Bank of the State of North Carolina.
August 14, 1852. Samuel James_Snowdon deposited in this Bank Seventeen Hundred and Fifty 10. Dollars, subject to the Order of Joseph Andrew Graham, enclosed hereon, and payable in Current Funds, upon the return of this Certificate. $1750.10.
Charles Dewey, Cashier.
NOTE IN BANI,
Raleigh, N. C., August 15, 1852. Eighty-eight days after date, We Josiah Snowdon Principal, and John Smith and Henderson Hooke securities, promise to pay Charles Dewey, Cashier, or Order, Eighteen thousand five hundred and ninety Dollars, 160 for value received, Negotiable and Payable at the Bank of the State of North Carolina.
NOTE TO INDIVIDUALS, TO BE NEGOTIATED AT BANK,
Raleigh, August 25, 1852. Sixty days after date I promise to pay to the order of i William Thompson, at the Bank of the State of North Carolina, Eleven thousand seven hundred and fifty Dollars, value received.
Abner Fletcher. No. 3157. Due October 25, 1852.
ACCEPTANCE IN BANK.
Raleigh, August 20, 1852. Ninety days after date pay to the order of Simon Powell Seven thousand five hundred and ninety Dollars, value received, Negotiable and payable at the Bank of the State of North Carolina.
Absalom Mangum. Το
Jacob Snooks, Esq.
Raleigh, August 10, 1852. Bank of the State of North Carolina, pay to Peter Barlow or Bearer two thousand five hundred Dollars. $2,500 100
BILLS OF SALE.
MAINTENANCE.-FORM OF A BILL OF SALE OF PROPERTY IN
CONSIDERATION OF MAINTENANCE.
This indenture, made on the twentieth day of November, A. D., one thousand eight hundred and fifty-two, between A B of the County of Wake and State of North Carolina, on the one part, and C D of the county and State aforesaid, on the other part:-Witnesseth; that the said A B, for and in consideration of the covenants hereinafter contained on the part of the said C D to be performed, and the further consideration of one dollar to him in hand paid by the said C D, and for divers other good causes and considerations him thereunto moving, he the said A B, hath granted, bargained and sold, and by these presents doth grant, bargain and
sell unto the said CD, his executors, administrators and assigns, all his six horses, two mares and one colt, his four cows, his wagon, all his corn, fodder, wheat, rye, hay and all singular his beds and bedding, linens, brass, peuter and household goods; and all other his goods