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turnable 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 usy ally no opportunity of taking legal advice. Hence, the nece sity of rendering the subject as intelligible as possible to May 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 absconded 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.

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Know all men by these presents that we, A B and C D, art 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.

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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 J P 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 C D hath absconded ir 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 did 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 ands to secure, or so to provide that it shall be liable and anwwerable to the satisfaction of the above claim. And that you

nake return of your proceedings before me or some other Jusslice of the Peace in and for said county, in order that further arroceedings may be had in relation thereto, according to law, 40 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.

L Sir-You will please to take notice, that on the 25th inst., at the dwelling of C D 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 wbere you are hereby summoned to appear as garnishee, and answer oi oath relative to what you are indebted to the defendant, and what property and effects you have in your hands, or had at 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.

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.]

L M, Constable.

FORM OF A JUDGMENT ON GARNISHMENT,

The Garnishee, J K 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 judgment is granted against the said A B for the said sum of

dollars. Given under my hand and seal, this &c.

CD, J. P. (BEAL.]

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 rithin that time, and arswer the plaintiff according to law. And the property and effects levied on as stated within the reurn, including the garnishment of are condemned to the se of the plaintiff . Given under

my

hand and seal, this tenth ay of August.

C D, J. P. [SEAL.]

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EF the defendant in this case, will hereby take notice, that aid attachment was this day returned before me, levied on two pead of cattle, &c. A garnishment was also returned against IK on which there is judgment entered for the sum of

dollars; all which is condemed to the use of the plaintiff, and conditional judgment entered against the defendant for the sum of dollars, to be made absolute and final at the end of thirty days from the date hereof, unless the defendint 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 absosate and final for the sum of

dollars, and cost of

FORM OF THE ORDER OF SALE,

State of North Carolina,

Wake County.

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To L M, Constable, or other lawful officer of said county :

ou 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.

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 failt 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,

me,

before me,

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 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 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 sumi

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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