em Ms ap im A y SEE. a a ‘ Viliamson Law Book Co. ) STATIONERS « and Law Publishers, 4 StateStreet. . "ROCHESTER. NY. Lh Fe HBS Cornell Law School Library Hii LEGAL FORMS FOR COMMON USE IN GEORGIA, - EMBRACING OVER FOUR HUNDRED APPROVED PRECEDENTS, a : FOR AFFIDAVITS, AGREEMENTS, Bus"or SALE, DEEDS, NOTES, ETO., ETO. ALSO, FORMS IN JUDIOIAL PROOBEDINGS, ARBITEATIONS, ATTACHMENTS, ORDERS, PROOESS, PLEADING, PROBATE DF DEEDS, RULES, WILLS, ETO,, ETO.,;WITH ‘grHEES To GUIDE ATTORNEYS, MAGIS- TRATES, JUSTICES, OF ‘THE tnrEkron a cone a STABLES, SHERDTES, ARIES, OLERES, ETO, ETO., IN THE MANY DUTIES EEQUIBED OF THEM BY LAW. _ TO WHICH IS ADDED AN APPENDIX, OONTAINING THE STATUTORY PROVISIONS AS TO COUNTY OFFICERS, MAGISTRATES, AND ELECTIONS, THE RULES OF COURT, AND THE CONSTITUTION OF GEORGIA, BY JOHN B. HINES. ¥ i Second Edition, much Enlarged and Improved, by \ RICHARD K. HINES, OF ALBANY, GEORGIA, SOOO f Savannah : JOHN M. COOPER & CO. Macon: JOSEPH M. BOARDMAN, 1858. Abin _ Entered according to the act of Congress, in the year’1858;- BY RICHARD K. HINES, In the Clerk's Office of the District Court for the Southern District of Georgia. Nef Pork: PRINTED BY GEORGE W. WOOD, NO, 2 DUTCH-STREET, RECOMMENDATIONS. Macon, May 5th, 1858. Ricnarp K. Hugs, Esq. x ; Dear Sre :—I am familiar with “ Hines’ Legal Forms,” having used it inmy office for sevéral years. It is the best book of forms I have ever used. They are remarkable for two things, rarely combined, to wit, brevity and perspi- cuitythe draughtsman understood what the law requires, and has succeeded in few and apt words in expressing its requisites. ‘his book will be found con- venient for professional gentlemen of all grades and ages, and the most reliable guide I know for Magistrates, Ordinaries, Notaries, Clerks, and unofficial citi- zens, ’ Respectfully, yours, &., &., - E, A. NISBET. Augusta, April 20th, 1858. Dear Srr:—At the request of a mutual friend, I have looked over your book of Hi Legal Forms,” and write you a few lines, expressive of my opinion on the . subject. “ : The book affords evidence both of industry and ability, and will be found useful, as well to gentlemen of the legal profession as to business men gene- rally. Its usefulness will consist not only in supplying very good forms for proceeding, but appropriate suggestions as to proper action in many most im- portant legal transactions; such, among others, as those which relate to Arbi- trations, Attachments and Garnishments, Bail Claims, Conveyances, matters of Evidence and Beatty Executors and Administrators. Morienges; proceed- ings by and before Justices of the Peace, Clerks, Sheriffs, &c., &c.- It gives me pleasure to say thus much, and I am, : : Very respectfully, your obedient servant, r E. STARNES. : Romg, Ga., April 24th, 1858, R. K. Hrs, Esq. : ; Dear Srz :—Your edition of “‘ Hines’ Forms” has been examined by me with pleasure. In my opinion, it is just such a thing as is most useful and needed in the present state of our legislation. I take pleasuré in recommending it to all persons, professional or otherwise, who have use for a form book of legal practice and precedents. en Yours, truly, CHAS. H. SMITH. Extract from. Hon. Josrrn H. Lusextn’s letter. A glance over it satisfied me that the forms will prove highly serviceable as & vade mecum of ready reference to the profession, as well as to the magistracy. Artuens, April 15th, 1858, iv RECOMMENDATIONS. SAVANNAH, April 21st, 1858. My Dear 8mr:—I ‘have examined, at your request, the book of “ Legal Forms” which, 1 understand, you are about, to publish under the sanction of the Legislature. ‘ s The forms you have furnished appear to me to be well chosen, and adapted to the uses uf business in this State. They are simply and accurately expressed, and will be very valuable to the people by enabling them to transact their va- rious business with intelligence and order, and thus-avoid the calamities of lit- igation. I doubt not that they will be found very useful and convenient to professional men and magistrates. You have my best wishes for a reward commensurate with the patient labor you have bestowed on this book. I am, very respectfully and truly, yours, &c., FRANCIS 8. BARTOW. _ To Mr. R. K, Hives, Albany, Ga. Savannau, April 22, 1858, My Dear Sir:—I am happy in being able to commend your “Book of Forms” to the people of Georgia, and particularly to our professional brethren. I think it a valuable work to every practitioner in the State, and the forms may be implicitly relied on, as being in strict conformity with the require- ments of the different statutes, ; Very respectfully and truly, youre, HN E, WARD. Mr. R. K. Hivzs, Albany, Ga. Macon, April 15th, 1858. My Dear 81r:—I have examined your “Book of Legal Forms,” and have no hesitation in saying that it comprises practical forms adapted to almost every exigency of the legal profession, concisely expressed and legally set forth. I should esteem it a valuable aid, not only to the lawyer, but to every intelligent gentleman in the country. Truly, your friend, WASHINGTON POE... BR. K. Hinzs, Esq. R. K. Hives, Esq., ALBANY, Ga. Dzar Sir :—I have examined your “Book of Forms,” and can heartily re- commend it to the legal profession, and all other persons, as a reliable and use- ful Form Book and Directory in Tage eae i ery truly, yours, JOHN W. H. UNDERWOOD. CoLtumBts, Ga., May 19th, 1858, Dear S1rr:—I owe you an apology for my long silence, but I desired to give your book of “Legal Forms” a thorough examination before expressing way opinion of its value to the profession. At my leisure I have examined it with the care that a work of the kind de- serves. To know that it is of intrinsic worth, it is necessary to be assured of its accuracy and conformity with the several statutes which it professes to give the forms for enforcing. I think I may say now without hesitation that your book may be termed a ‘“laber-saving machine” to the profession; it will supply a want that every practitioner much fvel, and I have no doubt that it will be in very general use As soon as its merits are understood. I have handed the book to Messrs. Holt & Hutchings for examination. : Rome, Ga., April 24th, 1858, Believe me, yours respectfully, 3 R. J. MOSES, R. K. Hinzs, Hsq., Albany, Ga. RECOMMENDATIONS. Vv 7 CotumsBts, Ga., May 20th, 1858, Ricuarp K, Hrines,-Esq., ALBANY, Ga, Dear Str :—After a careful ‘examination of your “Book of Forms” we take Flesmre: in indorsing its recommendation to the legal public, made by R. J. ‘oses, Esq. . On account of its variety, conciseness, and accuracy, and because of its forms conforming to the acts of the Legislature to the present time, we think it the most desirable book of forms extant. To the merchant, mechanic, and farmer, as well as to the profession and public officers, it will be of the greatest pos- sible worth. . Very truly yours, &c. -. HOLT & HUTCHINGS. , Manrisetra, May 8th, 1858. Rrowarp K. Hines, Esq. Dear Sir :—I have given all the attention which indispensable demands on my time would permit to the examination of your edition of “ Legal Forms,” first published by your deceased brother. I like its arrangement, as well as the judgment shown in the preparation of forms of great value to unprofes- sional, as well as professional gentlemen, to officers of ‘Court, ‘Justices-of the Peace, &c.,. &e. : Much expense will be saved to business men if they will keep this little book always on their shelves, ready for use, and officers would do well to have its correet legal-forms at hand ready to refer to. It will be worth more than * the price to any man. i+ If you should be as well paid for its preparation and.publication as the public™ will be benefited: by it, your profits will be satisfactory to you. I am ever, very respectfully, yours, - “CHARLES J. MoDONALD. Manrterta, Ga, May sth, 1858. R. K. Hrnzs, Esq., ALBANY, GA. =) My Dear S1r:--I have examined the specimen copy of your book of “ Legal Forms,” now in preparation for publication, and take great pleasure in recom- mending it to the legal profession, as well as the various county officers and - business men of the country. Containing, as it does, a great variety of legal forms in constant use under the laws of-Georgia, correctly gotten up, (many of which me not elsewhcre to be found in print,) it cannot fail to meet the approval of a generous public; I am, sir, with great respect, your obedient servant, DAVID IRWIN. Macon, October 20th, 1853, GENTLEMEN :—We have carefully examined the printed “Legal Forms” which you, are now publishing, and find them to be not only properly ar- ranged for easy reference, but executed with great correctness and ability. The young member of the profession will find them of great advantage, introducing him at once to an unerring guide, by: which in- almost evéry form in his practice he will find a precedent. In the complicated forms of trust conveyances, the most experienced will find material assistance from the able and masterly forms therein contained. The great variety of legal forms and precedents. ranevie through every practice of the profession, marks this book as one destined to become a vade mecum-of every attorney, while the merchant and citizen will not fail to possess so important a work of useful reference to them. With our best wishes for its success, i We remain yours, &c., LAMAR & LOCHRANE. 1* vi RECOMMENDATIONS. , Macon, November 18, 1853, GrnTLEMEN :—As far as permitted by engagements, I have examined your “Book of Legal Forms,” and find the forms correct, and believe the book will be useful to the community. f ABNER P. POWERS, J. 8. C., M. C. VINEVILLE, November 16, 1853. GeEnTLEMEN :—I have looked through the “Book of Legal Forms,” which you politely sent me, and have no hesitation in saying that it is, in my opin- ion, the very best book of the kind extant, touching such forms as it professes to embrace. a des 8. T. BAILEY, Macon, Ga., October 2ist, 1853, GENTLEMEN !—I have looked through your compilation of “Legal Forms,” and think them well drawn up, and that they will be of great service, not only to persons of business generally, but of great assistance to the members of the bar in their practice. : 2 L. N. WHITTLE. Macon, October 28, 1853, GENTLEMEN :—I have examined your “Book of Legal Forms,” now in press, and am of opinion that the same will not only be valuable to the members of the legal profession, but also highly useful to legal officers, and men of business generally, I wish you success in your publication. s Respectfully, © B. HILL. Macon, October 21st, 1858, GENTLEMEN :—I have examined the “Legal Forms” your are preparing to publish, and believe them to be correct, as conforming to the requirements of our laws, and the usages of the courts. -I consider them of value, both to the members of the legal profession, and to our citizens generally. s Very respectful aoe me RB. 8, LANIER, Macon, December 6, 1853. GENTLEMEN :—It has not been in my power to look in avery thorough and critical manner through the collection of “Legal Forms” which you contemplate publishiug. ‘The examination which fc have given it, how- ever, has impressed me with a high opinion of it, both as to the great variety, and general accuracy and neatness of the forms. They are such as meet a vast nuinber of the exigencies of business, and ordinary legal pe in which men are often led to act without professional assistance. In such cases, a good Book of Forms is quite indispensable to non-professional persons, whilst even to the practiced lawyer it is a decided facility. Not doubting that the skill and labor which this eollection must have cost will be duly apyrennee and rewarded by the public, . ~ Iam, very respectfully, your obedient servant, A. H. CHAPPELL. PREFACE. Tux object of the present volume’ is to furnish the legal profession, magistrates, county officers, and” private citizens. of this State, with a plain, accurate, and complete Form Book, which shall be cheap in price, and convenient in size, and so arranged that any one, however ignorant of such formulas, can use it when the occasion presents itself. Added to the forms, in the body of the work, are such di- rections and suggestions as it was supposed would be useful. In the Appendix are the statutory enact- ments of our State in regard to county officers, magistrates, taxes, and elections, together with the rules of Court and the Constitution of Georgia, As it would have altered the plan of the work to-have attempted to digest the laws upon subjects not treated of, or to have added annotations of judicial decis- ions, it has not been done, although it no doubt would: have proven an addition to the work. If need-be; this could be added to any future edition. vili PREFACE, The original edition was published in Macon in 1858, met with a ready sale, and was soon ex- hausted. This success led the author of the work to entertain the idea of another edition, and he had prepared some matter for it, but sold the copyright in 1854 to the present proprietor, without finishing the preparation necessary for it. This, and his de- cease in 1856, made it necessary for the present editor to complete the work. The reader is not expected to care much as to the paternity-of the work, and hence no mark has been fixed by which -the labors of the two compilers can be separated ; the comparison of the two editions will, however, easily distinguish them. The forms given are such as have been approved by our Supreme or Superior Courts, or taken from the best books of precedents, and, in some cases, from models furnished by cases in Court, drawn by, practitioners of the best position. Many of them wére used in the office of my father for thirty years, in his extensive practice in Milledgeville and Macon, and his correctness and research will no doubt guaranty them in the estimation of the peo- ple of Georgia, among whom he had so many warm personal friends and admirers. The compiler fears that, in one or two places, in attempting to be brief, he has been, in reality, inac- curate. For instance, when he says, under the head ARBITRATION, ‘that the award cannot be attacked PREFACE, : ix for anything but fraud,” itis meant for fraud or cor- ruption in the arbitrators, Under the same head it is stated that “the act of 1856 repeals all other acts on the subject;” it is meant, on the subject to which the act relates, arbitrations out of Court. These instances, however, are nearly all that can be found in the vol- ume. Another matter to be noticed is, that excep- tional instances, or classes of cases, could not be provided for in the forms, or directions, without taking up more room than the compiler had at his command, and hence these are not considered covered by the precedents; as, for instance, the form of Assignment given, if properly made and consented to by all of the creditors, is good; but if partial, and intended to cut out a part of them, (cer- tainly an exceptional case,) is void, because it has a trust back to the assignor. , It is to be hoped that we will soon have a good, plain, and accurate digest of all of the statutes and principles of law in force in Georgia, together with the adjudication of our State and Federal Courts, so constructed and written as any citizen of the Commonwealth could readily understand it. A code, with its new verbiage, would create more con- fusion than it could do good; on the other hand, the compilations we now have, although ably edited and prepared, especially that of Mr. T. R. R. Cobb, with their mass of statutes, often conflicting and an- tagonistic, are almost useless for general circulation : x PREFACE. much of the law of force in Georgia is unwritten, or to be found only in British statutes and common law treatises, and are not to be had by common read- ers. ‘These considerations point to the necessity for a general digest of the laws, which shall be full and complete, and yet simple and concise in its - character. The book has passed through the press at a rent distance from the compiler, and this, together with the fact that he has been for the whole period of its execution engaged in the active discharge of his professional duties, will explain, if not paliate, any seeming deficiencies in the work. Auzsany, Georata, July 1st, 1858. LEGAL FORMS. ~~ AGREEMENTS. Ir is best to reduce all agreements to writing at the time , they are made. In matters relating to the purchase and sale of land, the paying of debts of third persons, contracts by an executor, administrator, &c., in consideration of mar- riage, and not to be performed in a year, this is absolutely essential. "Care should be taken to make the writing full and dis- tinct upon all the points agreed upon by the parties. In- terlineations, if any, should be mentioned in the attesting clause, “as having been made before signing.” Two instruments can be executed both as originals, or a certified copy from the Record might answer. : If desired, a penalty can be affixed by the parties to be forfeited, in case either failed to perform his part of the agreement, An agreenient should state where, when, and by whom it was made, what consideration has been paid or is to be paid by each party, and what is to be done or performed by 8 : LEGAL FORMS, each. It should be attested by proper persons, as it-may be important to have their evidence afterwards should any dis- pute arise upon the contract. Agreements as to land should haye two witnesses ; others may be attested by a single wit- ness, but in case they are to be recorded, one witness, must be an officer authorized to attest deeds. Ta agreements to build houses, and the like, there should be some provision made for the change of plan, or extra work of any kind, as it may be found best to alter it in the progress of the work. AGREEMENT TO BUILD A HOUSE BY PLAN.. Be it remembered that on “this the tenth day of May, 1852,” it is agreed by “John Day and Richard Ray,” of the “City of Macon, County of Bibb,” and State of Georgia, as follows:— The said “John Day,” for the consideration hereinafter expressed, doth for himself, his heirs, executors, and admin- istrators, covenant, promise, and agree to and with the said “ Richard Ray,” his executors, administrators, and assigns, that he, the said “John,” shall and will, within the space of “six months” from the date of these presents, in good and workmanlike manner, and according to the best of his skill and power, at “Macon,” well and substantially build and ‘finish “one house or messuage,” according to the scheme or draft hereunto attached, of the dimensions following; (give the particulars of the building,) and to compose the same of such stone, brick, timber, and other materials as the said “Richard Ray” may find or provide for thesame. In con- sideration of which, the said “ Richard Ray” doth covenant for himself, his executors, administrators, and assigns, to pay to the said “John Day” “twelve hundred” dollars, as fol- lows :—“ One-fourth of said sum to be paid when said work is begun, one-fourth when the work is half done, and the APPRENTICESHIP. 9 remainder when it shall be completed and finished senouhng to the stipulations herein contained.” And for the performance of all and every the nitiolad above mentioned the said “John Day and Richard Ray ” do hereby bind themselves, their executors and administrators, to the other, in the penal sum of “two thousand ” dol- ars In witness whereof, the said “John Day and Richard Ray” have hereto set their hands and seals the day and year above written. : “JOHN DAY.”~ [L. 8. “RICHARD RAY.” [l. 8. Signed and sealed (in duplicate) i a presence of “HENRY LEWIS.” The plan is drawn upon the back, or some other part, of the same sheet on which the form is written. Any contract or agreement between parties to do any- thing, may be written in the above way —“mutatis mutandis.” APPRENTICESHIP. INDENTURE OF APPRENTICESHIP. This indenture, made this the “ tenth “Rte Gounty. day of March, 1852,” between “Thomas ‘ Rose and John Rose, his son,” being of the age of “fourteen” years, both of said county, of the one part, and “ Levi Lee,” of the same county, of the other part, witnesseth, that the said “John Rose does, by the con- sent of the said "Thomas Rose,” bind himself out to the said “ Levi Lee,” of said county, as apprentice to. the said “ Levi 2 10 LEGAL FORMS. Lee” in the trade or craft of “ printing,” to be taught. said craft or trade of “ printing,” and to live with, continue, and serve the said “Levi Lee” as an apprentice, from the date hereof, for and during the full space or term of “ seven years.” During all which time the said “Thomas Rose” doth covenant with the said “Levi Lee” that the said “John Rose” shall well and faithfully demean himself as such an apprentice, obeying and observing fully the commands of the said “ Levi Lee,” and in all things deporting and behaving himself as a faithful apprentice to him the said “ Levi Lee,” neither revealing his secrets, nor at any time leaving nor neglecting the business of the said “ Levi Lee.” And for, and in consideration of the sum of “ one dollar” to him by the said “Thomas Rose,” in hand paid, the re- ceipt whereof is hereby acknowledged, the said ‘‘ Levi Lee ” doth covenant, promise, and agree to teach and instruct his said apprentice, or otherwise cause him to be well and suffi- ciently instructed in the said trade of a “ printer;” and shall also allow, furnish, and provide his said apprentice with meat and drink, and clothing, during the said term, and all other necessaries meet and proper in sickness and in health; and shall also, at the expiration of the said term, allow to the said apprentice the sum of “one hundred ” dollars, to be by him to the said “John Rose” paid in cash. Witness our hands and seals, the day and year above written. “THOMAS ROSE,” [1 s. “JOHN ROSE,” = [1 s. “LEVI LEE,” [t. s. In presence of “JAMES TRUTH, J. P.” The father may sign and make the indenture alone, if he chooses, In ease of poor orphans bound by the Inferior Court, the party taking them binds himself to the Court to provide the apprentice with such maintainance as the Court may see ARBITRATION. 11 fit; and also to cause the apprentice to be taught arithmetic, and to read and write English, Where the party does not comply with his obligation, it is the duty of the Court to take the apprentice away, and bind him to somebody else. In such cases it is supposed that the order on the minutes of the Court would be the only proof needed on the part of the master, and therefore a simple agreement of the master binding himself to perform the duties above named would be sufficient. This is, however, a mere private opinion. ARBITRATION. By the act. 5th March, 1856, all persons having matters of controversy (any personal representative of decedent, guardian of any infant, idiot or lunatic, or trustee,) may submit the same to arbitration. Every arbitration under that act must be composed of three persons—one chosen by each party, and one by the arbitrators so shosen. It shall be in writing ; and shall con- tain a clear and accurate statement of the controversy, and when signed by the parties and delivered to one of the arbi- trators it is irrevocable, except by consent of all the parties. The arbritators, after chosing the umpire, select a place of meeting, and give all parties three days’ notice. The parties are to furnish arbitrators with a list of their witnesses, and they, or any of them, are authorized to subpoena them, 12 LEGAL FORMS. in the same way as served in the Superior Court. ‘The wit- nesses to receive the same compensation as in that Court. Interrogatories may be taken under the regulations now required by law, by a commission signed by either of the arbritrators. The arbitrators have power to compel the pro- duction of books and papers, also to fill up the vacancy should the umpire be absent. They are to besworn “Im- partially to determine the matters submitted to them, ac- cording to law, and the justice and equity of the case, with- out favor or affection to either party.” They can post- pone twice, but no longer save for providential cause, and may adjourn from day to day until they have made up their award, which is to be returned to the next Superior Court, and is final and conclusive unless attached for fraud. A copy of the award is to be given.to each party. They have the right to tax either party with costs, and are to be compen- sated as agreed upon between them and the parties. AGREEMENT. Articles of agreement made and en- witht ooenky. tered into this “tenth day of June, eighteen hundred and fifty-six,” between “Lewis Long” and “Henry Gay,” both of said county. Whereas, certain disputes exist between the said parties, arising “from the sale of a negro, by the said “Lewis Long,” to the said “ Henry Gay,” for the purchase money of which said “Henry Gay” gave his note, dated Ist day of May, 1855, due on the first day of January last past, for the sum of one thousand dollars, which said note the said “ Gay ” declines to pay, upon the ground that the said negro, (a man named “ Bill,” about thirty years of age,) who is admitted to have been warranted sound, at the time of ‘sale, by the ARBITRATION. 18 said “Lewis Long,” to the said “ Henry Gay,” died soon after said sale, from a disease alleged to have been existing prior to the date of said sale,” for the purpose of satisfacto- rily adjusting such differences, it is agreed by the said par- ties, that the matters in dispute between them, touching such sale, be submitted to “James Truth,” and “ Henry Slow,” Esquires, both of said county, as arbitrators. That the said arbitrators be empowered, at any day they may choose after the signing and sealing of these pre- sents, and after selecting an umpire, to meet for the pur- pose of arbitrating and passing upon said points in dis- pute, giving at least three days’ notice in writing to each of said parties, of the day and place of such meeting ; that it shall be competent for the said arbitrators, at such meeting, to examine any evidence which may be offered to them by either party, or their attorneys, in such a manner as may seem to them most conducive to justice, in relation to said failure of consideration of the note given by the said “ Henry Gay” to the said “ Lewis Long,” by reason of the sickness and consequent death of the negro “ Bill,” for whom said note was given. And after hearing all the testimony, the said arbitrators, and the umpire they may call, shall proceed to make up their award, in writing, signed and sealed, which said award shall be final and forever conclusive upon the parties, in regard to the subject matters in dispute, above set out. That it shall be the duty of the party in whose behalf the said award shall be made, to demand compliance with and a performance of the same, in writing, at least thirty days prior.to the institution of any suit upon the award so made, or upon this agreement. It is further agreed, that this agreement be delivered to the said arbitrators, to be by them delivered, together with the award therein made, to the next Superior Oourt of said county. In witness whereof, we have hereto set our hands and seals, this day and year above written. “LEWIS LONG,” [1. s.]. “HENRY GAY,” [1 s.] Signed, sealed, and delivered in the presence of “HUGH HART.” 14 LEGAL FORMS. Or, if it be preferred, each party may give a bond to the other, as follows : GEORGIA, “ Bibb ” County. we, “ Lewis Long,” and “ George Long,” are held and firmly bound to “ Henry Gay,” his heirs, executors, and administrators, in the sum of two thousand dollars, for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, exe- cutors, and administrators, firmly by these presents: signed, sealed, and dated, this “ 10th day of June, 1856.” The condition of this bond is such, that whereas, differ- ences have arisen between the said “Lewis Long” and “Henry Gay” “in regard to the payment of a note made by the said “Henry Gay” to the said “‘ Lewis Long” in consideration of a negro man named “Bill,” sold by said “ Lewis” to said “ Henry,” and which said consideration is said to have been unsound, and to have utterly failed ;” and said parties having agreed to submit their said disputes in the premises to “ James Truth” and “‘ Henry Slow,” Esquires, both of said county, or any umpire they may select: Now, if the said “Lewis Long” shall on his part, or his heirs, executors, or administrators, on their part, do and perform the award which. the said arbitrators may make, under their hands and seals, within a reasonable time after the signing of this bond; then this bond to be void, else to be of full force and eff.ct. Know all men by these presents, that “LEWIS LONG,” [s. “GEORGE LONG,” [z.s. Test, “ HUGH HART.” ‘ The bond of the other party is precisely similar, with the exception of the payee, and the names. The condition is exactly the same. ARBITRATION, 15 FORM OF AWARD. The undersigned, to whom was re- “ Bibb” Gounty: fered the matter in dispute between “Lewis Long and Henry Gay,” respect- ing “ the sale of a negro man named “ Bill,” by said “ Lewis Long” to the said “ Henry Gay,” and the payment of the note given in consideration of said sale,” having met in the “ Town of Macon, said County,” on the “ first day of August, eighteen hundred and fifty-six,” after giving notice to both parties as provided by the terms of the Statute, proceeded to hear the cause in dispute. First, having chosen “ Wil- liam Sikes” as umpire, and given all parties three days’ notice of this their sitting. They find and award “ that the negro “ Bill” was sold to the said ‘“ Henry Gay,” by the said “ Lewis Long,” on the first day of March last past; that the said “Henry Gay” gave in consideration. of said purchase his note of that date, due at six months, for “ one thousand dollars ;” that the negro was found, in a week after the sale, to have Consumption, and immediately application was made by the said “ Henry Gay,” to the said “ Lewis Long,” to annul said sale, which proposition was declined ; and that said negro “ Bill” died of the aforesaid disease on the fifth day of last April. They find that the bill of sale, from the said ‘ Lewis” to the said “ Henry,” contained a clause warranting the health of said negro man “ Bill;” and they are convinced that he was suf- fering from said disease at the time of the sale. It is there- fore their award and judgment that the above recited note given by the said “ Henry Gay” to the said “ Lewis Long,” for the purchase of said negro “ Bill,” be delivered up to the said “ Henry,” to be by him cancelled.” Witness our hands and seals, this “second day of August, eighteen hundred and fifty-six.” “JAMES TRUTH,” [i.8.] “HENRY SLOW,” — [xs. “WILLIAM SIKES,” [us. Signed and sealed in presence of “HUGH LAW.” 16 LEGAL FORMS, Too much care cannot be taken by the parties to make the reference full, distinct, and plain. It should also be the eare,of the referees to conform strictly.to the letter of the agreement appointing them, and especially to make their judgment full, plain, and intelligible. If these things are neglected, the object. of the arbitration will be defeated, ind the award will serve only for the foundation of a law suit. APPOINTMENT OF ARBITRATORS, BY ORDER OF COURT. vs. Court, May Term, 1852.” “JOSHUA SMALL.” ) Brought to “ Nov. Term, 1851.” It appearing to the Court, that the parties in the above stated cause are willing that the matters in dispute therein should be referred to arbitration, and that they have selected “John Gray and Robert May” as the arbitrators therein, and any person they may select as umpire. It is on motion ordered, that the matters in dispute be- tween the said parties, in said cause, be referred to the said “John Gray and Robert May,” to call in some third disin- terested person as an umpire. And that the said arbitrators be authorized and empowered to meet and decide upon the matters at issue in said cause, at any time within three months after the adjournment of this Couft, first giving each party three days’ notice, in writing, of the time and place of such meeting; and that they have power to summon before them any witness, and to examine any testimony offered to them by either of said parties, and to report their award to the next term of this Court, to be then made the final order and judgment of this Court upon such case. -“* LEVI NORTH,” ‘“Assumpsit” in “ Bibb Superior” ARBITRATION. 17 RETURN OF THE REFEREES. “TEVT yp *- . LEVI NORTH, “ Bibb Superior” Court, * Nov. vs. “JOSHUA SMALL.” Term, 1852.” The Referees appointed at the last May Term of said Court, to arbitrate the matters in dispute between said par- ties, proceeded to do so on the “first day of August Jast past, within three months after the adjournment of said term of said Court,” having first given to the said plaintiff and defendant three days’ notice in writing, the originals of which said notices are here in Court shown, with the proof of service thereon, and heard the evidence submitted on either side, and have made the following award: “That the defendant is entitled to a reduction ix the amount of plain- tiff’s account, of one hundred and fifty dollars, being the amount which we think defendant lost by the partial failure of consideration, in the articles sold to defendant, by said plaintiff. Deducting this from the amount of the account six hundred dollars, it leaves justly due and owing to the plaintiff, the sum of four hundred and fifty dollars, which we accordingly award to him ; but as it was shown to us that the defendant tendered this amount to the said plaintiff, be- fore the bringing his said action, we award that the said plaintiff shall pay the costs of his said action.” Witness our hands and seals, this “ August 1st, 1852.” “JOHN GRAY,” LS. “ROBT. MAY,” | Ls. “ WILLIAM SIKES,” [1.s. ORDER TO GO ON THE MINUTES, Whereupon, it is considered by the Court, that the above _ award be entered on the minutes of the Court, and be made the judgment of this Court; and that the “ plaintiff have leave to enter up judgment for the amount awarded to him, and that the defendant have leave to enter up judgment for his costs.” “ November Term, 1852.” Whereupon, it is considered, ordered, and adjudged by the Court, “ thatthe plaintiff in the within writ do recover of the ae 18 LEGAL FORMS. defendant the sum of four hundred and fifty dollars, for his principal debt, with interest thereon fram date, until paid, and the defendant in mercy, é&c.” “LEWIS LAW, Att'y of PLS. “Whereupon it is considered by the Court, that the defendant do recover of the plaintiff the sum of Dollars, and cents, for his costs in this behalf expended, and the plaintiff in mercy, dc.” “HENRY MOORE, Deft’s Att'y.” As it is very probable that the act of 1856, in regard to Arbitration repeals all other acts, we would recommend that _ it be closely followed in all particulars, and that the first form given be exclusively used. ASSIGNMENTS. FORM OF ASSIGNMENT OF BOND ON THE BACK OF THE BOND. EEE con: “T, John Doe,” in consideration of “ five dollars,” to mein band paid, by “ Rich- ard Roe,” have assigned to the said “Richard Roe,” and his assigns, all my interest in the within named instrument, and every clause, article, or thing therein named. And I constitute the said “ Richard Roe” my attorney in fact, to‘institute in my name, but for bis own use and bene- Know all men by these presents, that RGIA, ASSIGNMENTS. 19 fit, any and all proceedings to the complete recovery and enjoyment of the assigned premises. Witness my hand and seal, this the “12th day of June, 1852.” “JOHN DOE,” [xs] In presence of “JAMES JONES.” FORM OF ASSIGNMENT ON BACK OF FI. FA. For value received, I, “John Doe,” do assign the within execution, and the judgment on which it is founded, and all my right and interest under the same, to “ Richard Roe,” without recourse on me, this “ 1st November, .1854.” “JOHN DOE.” FORM OF ASSIGNMENT ON BACK OF MORTGAGE, For value received, I, “John Doe,” do hereby assign to “ Richard Roe,” his heirs, executors, administrators, and as- signs, the within written indenture of mortgage, together with all the interest, right, or demand which I have therein; together with all other writings relating to said mortgage, and more especially the notes therein described, and to secure the pay- ment of which, said mortgage purports to be given. In witness whereof, I have hereto set my hand and seal, this “ first day of May, eighteen hundred and fifty-two.” “JOHN DOE,” [1s.] Signed and sealed in presence of “RICHARD ROSE.” 20 LEGAL FORMS, é _ FORM OF ASSIGNMENT FOR THE BENEFIT OF CREDITORS. This indenture, made this “tenth “Bibb” Oounty. day of May, eighteen hundred and fifty- two,” between “John Lamb,” of the first part, “Joseph Jones,” of the second part, “Charles Smith and company, James Small, Thomas Ramsey, Edward White, and Samuel Brown,” of the third part, witnesseth, that the said “ John Lamb,” for and in consideration of the sum of one dollar, to him in hand paid, and of the covenants here- inafter expressed, does hereby give, grant, assign, and trans- fer unto the said “‘ Joseph Jones,” and ,his assigns, all his merchandise, wares, and stock in trade, and all sums of money due or coming to him, on mortgages, bonds, notes, bills of exchange, or book account, or other manner what- soever, to have, and to hold to the said “Joseph Jones,” upon trust, to sell and dispose of the goods, wares, and merchandise, at public or private sale, at said Trustee’s dis- cretion, and to collect all the sums of money aforesaid, and to divide the whole of such proceeds and collections among the said subscribing creditors of the third part, in proportion to their respective debts, And it is hereby agreed, that the receipt of the said “ Joseph Jones,” of or for any of the assigned premises, shall be an effectual discharge to the person to whom the same shall be given. And it is agreed, that said Trustee shall be authorized to insure the whole, or any part of said property, at his discre- tion, and that he shall be liable only for losses accruing by means of his willful neglect, or default. mes And the said “ Joseph Jones, for himself, his heirs, execu- tors, and administrators, covenants with the said “John Lamb,” his heirs and assigns, and with the said subscribing creditors severally, that he will faithfully do and perform all the duties of such trusteeship, and will well and truly divide the proceéds of such trusteeship amongst the subscribing creditors, according to the terms of said trust. And said subscribing creditors do for themselves and their partners, release to the said “ John Lamb,” in consideration ATTACHMENT AND GARNISHMENT. 21 of the premises, all manner of action or actions, bonds, notes, bills of exchange, judgments, or executions, or any other claim or demand whatever, against the said “John Lamb,” except as herein contained, and hereby reserved. ‘In witness whereof, said parties have hereto set their hands and seals, the day and year above written. “ JNO, LAMB,” [Ls. “JOS. JONES,” ‘[i.s. “CHAS. SMITH & CO.” [us. “ JAS. SMALL,” LS. “THOS. RAMSEY,” —[uus. “EDW. WHITE,” LS. “SAM’L BROWN,” be Signed and sealed in presence of “JAMES TRUTH.” Other covenants, for instance, “that the Trustees be allowed a given commission on his sales,” that “ the debtor render his assistance to the Trustee, without charge,” or that “a portion of the sales be set apart and paid over to the “debtor,” may be inserted, according to the circumstances of each case. - ATTACHMENT AND GARNISHMENT. The act of 4th March, 1856, repealed all former statutes upon the issuing of attachments and garnishments, and pro- ceedings under them, in Georgia. The act is full and com- prehensive, and reflects great credit upon the author ; but, from the fact of its recent passage, there are many Import- 22 LEGAL FORMS. ant questions which will spring up under it in practice, and which will require years of litigation to settle, and upon which the compiler regrets to have to keep silence: hence the statute should be strictly followed. By this act an attachment can issue, (1st,) where the debtor resides out of the State; (2d,) when he is actually removing, or about to remove, out of the limits of any county; (8d,) where he absconds ; (4th,) where he conceals himself; (5th,) when he resists a legal arrest; (6th,) when he is causing his property to be removed beyond the limits of this State. The affidavit stating that the debtor has placed himself in one of the positions contemplated by the act must be sworn to before some Judge of the Superior Court, Justice of the Inferior Court, or Justice of the Peace, or Notary Public. Such affidavit may be made by the party, his agent, or At- torney-at-law; and if by his agent or Attorney, the affidavit may be from the best of his knowledge and belief. The officer witnessing the affidavit issues the attachment. The plaintiff, his agent or attorney, must give a bond in double the amount sworn to. The plaintiff can amend the affidavit bond or attachment, as in other cases. A general verdict can be obtained against all the property of defendant in attachment by filing and serving him with notice under this statute. If the debt is not due before final judgment, execution ‘lap to be stayed until the debt becomes due. Attachments may be issued and served upon Sunday, when the plaintiff, his agent or Attorney, shall swear, in ad- ATTACHMENT AND GARNISHMENT. 23 dition to the oath required by law, “that he has reason to apprehend the loss of the debt unless process of attachment do issue on Sunday.” Evidence by commissions, and interrogatories may be had as in other cases when desired. When a joint contractor or co-partner puts himself in a position for an attachment to issue, the attachment shall issue and be levied on the separate estate alone of such debtor. A security may avail himself of the act against his prin- cipal, and the proceedings are similar to those in other cases. 4 The vendor of land, where bond for titles are given, may file a deed and attach the land, and has priority over all other debts. When either party dies pending the attachment, parties can be made as at common law, but if no representative of defendant, and plaintiff dies, notice posted at court-room door is sufficient service ; so also, if no representatives of de- fendant can be found, the notice shall be posted on the. door, and parties be made at expiration of twelve months, The defendant can file a traverse of the truth of the ground on which the attachment issued, and this issue shall be tried by a jury, and may be appealed from. Attachments may issue against foreign corporations doing business in the State, and the agent is authorized to relieve ‘the property levied upon by giving bond. Third persons, their agents or attorneys may claim proper- ty levied upon under attachments, and give bond. The bond makes claimant liable for the hire and deteriora- 24 ‘ LEGAL FORMS. tion of the property. The claims are similar to those in other cases, except it describes the property as levied on “under an attachment,” instead of a fieri facias. It is the duty of the. officer to levy all attachments in order as to time in which they receive.them, and it is made incumbent on him to enter upon the process, the year, month, day of the month, and hour of the day, when he, made the levy. After the attachment is returned to the Court to which it is returnable, all the proceedings are as in cases at common law. The defendant can appear and defend at any time before final judgment, and either party can enter an appeal. A formal variance shall not vitiate the process under the act ; it is sufficient, if substantially complied with. FORM OF AFFIDAVIT. 7 “George Truth” comes before the “Bibb” Gounty. undersigned, and on oath saith that ; “Thomas Careless,” is indebted to him _in the sum of “one thousand” dollars, and that said “ Thomas Careless” “resides out of this State.” . “GEORGE TRUSTY.” Sworn to and subscribed before me, “this 4th day of June, 1857.” “JAMES TRUTH, J. P.” BOND, We, “George Trusty,” principal, and “John Trusty,” security, acknowledge ourselyes- bound unto “ Thomas Care- less,” in the sum of “two thousand” dollars, subject to the following conditions: That the said “George Trusty,” prin- GEORGIA, “Bibb” County. ATTACHMENT AND GARNISHMENT. 25 cipal, is seeking an attachment against the said “ Thomas Careless,” which is now about to be sued out, returnable to the “ November”. term of the “ Superior” Court of the county aforesaid. Now, if the said “ George Trusty” shall pay all damages that the said “Thomas Careless” may sus- tain, and also all costs that may be incurred by him in con- sequence of suing out said attachment, in the event.that the said “George Trusty” shall fail to recover in the said case, then this bond to be void. “GEORGE TRUSTY,” [xs. “JOHN TRUSTY,” LS. Executed in presence of me, this “4th day of June, 1857.” “JAMES TRUTH, J. P.” ATTACHMENT. ~ To all, and singular, the Sheriffs and & Bibb County. Constables of said State : You are hereby commanded to attach and seize so much of the property of “ Thomas Careless” as will make the sum of “one thousand” dollars, and all costs; and also to serve such summons of garnishment as may be placed in your hands; and that you make return of this attachment, with your actings and doings thereon, to the “ November” term of the next “Superior” Court of said County, to which Court this attachment is hereby made re- turnable. Herein fail not. ; Witness my hand and seal, this “4th day of June, 1857.” “JAMES TRUTH, J. P.” [1. .] Should there be property in a different county than that in which the attachment issues, the magistrate should make out copies of the affidavit bond and attachment, and certify officially that they are true copies, and upon being handed to the proper officer of such other County, they should be levied and returned to the County where the original issued, with his actings and doings entered thereon. _— 26 LEGAL FORMS. FORM OF BOND TO BE GIVEN TO REPLEVY PROPERTY ATTACHED, We, “Thomas Careless,” principal, ‘é Bon aunty. and “William Careless,” security, ac- knowledge ourselves bound unto “ Geo. Trusty,” in the sum of “two thousand” dollars, subject to the following condition :— That the said “ George Trusty” having this day applied for and obtained an attachment under the hand and seal of one “James Truth,” “Justice of the Peace,” in his favor against said “ Thomas Careless,” returnable to the “ Novem- ber” term of the “Superior” Court of said County, which is for the sum-of “one thousand” dollars, and which “James Green, Constable,” of said County, has this day served “upon a small negro boy, eight years old,” named “ Henry,” worth “ five hundred” dollars, as the. property of said “ Thomas Careless,” Now, if the said “Thomas Careless,” shall appear at the said term of the said Court, and abide by, and perform the order and judgment of such Court in the premises, and pay the said plaintiff the amount of the judgment and cost that he may recover in said case, then this obligation. to be void, else in full force and effect. “THOMAS CARELESS,” [1s.] “WILLIAM CARELESS,” [1.s.] Executed in presence of us, this “ 4th day of June, 1857. “JAMES TRUTH, J. P.” AFFIDAVIT WHEN THE DEBT IS NOT DUE. “ Mab” Gouty. of the Peace” in and for the said County, ; comes “George Trusty,” and on oath says that “ Thomas Careless” is indebted to him in the sum of “one thousand” dollars, by “a note dated 1st of January Before me, “ James Truth,” a “Justice ATTACHMENT AND GARNISHMENT, 27 last,” and due “ twelve months after date,” which is due and unpaid, and justly. owing, to this defendant, but not yet due ; and that said “Thomas Careless” is “ about to remove out of the limits of said county.” : “GEORGE TRUSTY.” Sworn to and subscribed before me, “this 4th June, 1857.” “JAMES TRUTH, J. P.” AFFIDAVIT FOR ATTACHMENT PENDENTE LITE. Sue, “George Trusty” comes before the “Bibb” County. undersigned, and on oath saith that . “Thomas Careless” is indebted to him in the sum of “two hundred and fifty” dollars, by note dated “Ist day of June, 1857,” and “due one day after date,” for that amount, upon which an action of “ Assumpsit” was brought in favor of this deponent against said “ Thomas Careless” to the “November” term of the “Superior” Court of said County, and which action is now pending against said “ Thomas Careless,” and that said “Thomas Careless” is actually removing out of the limits of said County.” ; “ GEORGE TRUSTY.” Sworn to and subscribed before me, ‘this 4th day of June, 1857.” “JAMES TRUTH, J. P.” AFFIDAVIT BY SECURITY OR INDORSER, PENDENTE LITE. “George Trusty” comes before the un- dersigned, and on oath saith that he is the security of “ Thomas Careless,” on a promissory note made by the said “ Thomas Careless,” as principal, and deponent as indorser, dated on the “ first day of June, 1857,” and due one day thereafter, for “ two hun- dred” dollars, to one “George Truth, or bearer,” upon which said note an action of Assumpsit was brought GEORGIA, “Bibb” County. ~ 28 nig LEGAL FORMS. against said “‘ Thomas Careless” as principal, and this depo- nent as indorser, returnable to the “ November” term, 1857, of the “ Superior” Court, for said County, and which is now pending in said Court, and that defendant is liable on said note solely as indorser for the said “ Thomas Careless,” and that said “Thomas Careless” is removing out of the limits of said County. ie “ GEORGE TRUSTY.” Sworn to and subscribed before me, “this 4th day of June, 1857.” “JAMES TRUTH, J. P.” When the defendant does not give security, and the pro- perty is of a perishable nature, or Jikely to deteriorate in value from keeping, or there is expense attendant upon keeping it, a Judge of the Superior Court, or. two Justices of _ the Peace, when in their jurisdiction, may order it sold, and the officer is to retain the proceeds, subject to the order of the Court. FORM OF PETITION TO SELL PERISHABLE PROPERTY. To the Hon. “A. P. P.,” Judge. of ape Geeniy, the Superior Court of said County. The petition of “Thomas Small” showeth that “Robert Levy,” the Sheriff of said county, lately levied a certain attachment, issued at the instance of “ John Lane,” against ‘“ James Fear,” and returnable to the next “Superior” Court of said county, on “.one hundred sides of bacon ;” and your petitioner prays the order of your Honor, directing the said “ Robert Levy” to expose the same to sale, and the proceeds of the same to retain, to abide the further order of said “ Superior” Court. “ ALBERT CAREFUL, Att'y of Pet.” “June 6th, 1857.” ATTA CHMENT AND GARNISHMENT. 29 FORM OF ORDER TO SELL. _ In Cuamenrs, “June 6th, 1857.” On hearing the above petition, it is ordered that the “one hundred sides of bacon ” therein specified, be exposed to sale, at public outery, by the said “ Robert Levy,” Sheriff, as afore- said, in the manner pointed out by law, and after giving due notice, by advertising the same for thirty days; and that the said Sheriff retain the proceeds of such sale to abide the further order of the Court in the premises. “APPL S.C, MC” FORM OF LEVY UNDER ATTACHMENT, I have levied the within attachment on negro man “Tom,” as the property of “James Careless,” and have summoned “Charles Swain,” as a garnishee,.and have advertised my proceedings according to law. — “ ROBERT. LEVY,” Sherif’. , ‘June 6th, 1857.” FORM OF ADVERTISEMENT. All persons concerned will please take notice, that T have this day levied an attachment in favor of “ George Truth,” vs. “ James Careless,” returnable to the next term of the “Superior” Court of “Bibb” county, on the “ 2d Monday in May” next, on a “negro man, Tom,” as the property of said: “ James Careless.” “ROBERT LEVY,” Sheriff. “June 6th, 1857.” 30 LEGAL FORMS. TRAVERSE. November Term, 1857. “ Bibb” Superior Court. vs. of the Court comes this “GEORGE TRUSTY.” defendant by his attorney, and denies the truth of the statement in said affidavit and attachment, “ that this defendant did, at the time of making the same, reside out of the said State,” but, to the contrary thereof, alleges. “ that he was, at and on the date of the taking ‘of the said affidavit, and the issuing the said attach- ment thereon, a citizen of the said county of Bibb, and was resident therein. Of this, &c.” “WILLIAM GRAY,” Deft’s Att’y. “THOMAS CARELESS,” And now at this term PROCEEDINGS IN @ARNISHMENT. The magistrate or notary public who issues the attachmen€ should sign the summons. If the garnishee fails to answer, the cause shall be con- tinued one term, and judgment may be had against him at the next, if still in default. The garnishee, when he answers to having property of defendant, may turn it over to the officer, and be discharged. The plaintiff may traverse the answer, if not satisfied with it, and make up an issue upon it. And, upon trial, by a petit jury, each party has the right of appeal, if not satisfied with the verdict, — ATTACHMENT AND GARNISHMENT, $1 The form of summons and service are the same as in other cases. Garnishment may issue under an attachment, or they may issue upon the affidavit of the party, pendente lite, or when the judgment is obtained, by oath being made by the party, his agent or attorney at law, of the amount due, before some person authorized to issue attachments, that he has reason to apprehend the loss of such sum, or some part thereof, unless such process issues. The plaintiff gives bond and security in double the amount sworn to, conditional to pay all damages and cost that the defendant may sustain by the reason of the issuing such -garnishment. The agent or attorney can sign his principal’s name to the bond. The magistrate issues summons of garnishment to such person as he is desired, returnable to the next court, provided it sits within not less than twenty days, and then to the next court after that time, any sheriff or constable can serve the summons and return them. ; When garnishee resides in another county, the proceed- ings shall be by obtaining a certified copy of affidavit and bond, officially certified to by the magistrate, and delivering the same to any magistrate or notary public of such county, who can issue the summons, and the sheriff or constable of such county can serve them and return them to the proper court of the county where the garnishee resides, provided it sits not within twenty days—if so, then to the next court thereafter. Garnishments granted pendente lite may be dissolved by filing in clerk’s office of the court, where the suit is pending, 32 LEGAL FORMS, & a bond with good security, payable to the plaintiff, for the ‘payment of the judgment and cost in said case. All moneys raised by the act are to be paid over to cre- ditors, according’ to their legal priority. FORM OF OATH. Before me, “James Trusty,” a “Jus- “Rie County. tice of the Peace” in and for said county, came “ George J ones,’ > who on oath de- poses and says, that “Samuel White,” of said county, is justly indebted to deponent in the principal sum of “one hundred dollars, by his note, dated Ist day of January, eigh- teen hundred and fifty-six, and due twelve months after date ;” that he has instituted an action of “ Assampsit on said note, returnable to the next term of the Superior Court, on the second day of November next,” which suit is now pending in said Court; and that deponent apprehends the loss of said debt, or some part thereof, unless summons of Garnishment do issue in said case. “GEORGE JONES.” Sworn to and subscribed before me, “this 5th day of June, 1857.” “JAMES TRUSTY, J. P.” FORM OF OATH ON JUDGMENT. Before me, “James Trusty,” Justice of the Peace for said County, came “George Hall,” who on oath deposes and says, that he is the owner and proprietor of a judgment, obtained at “July term, 1854, of the Superior Court of said county, against Thomas Trust, for one hundred dollars, prin- cipal, with interest from the date of said judgment ;” that the principal and iuterest apparently due and owing on said GEORGIA, “Bibb” County. ATTACHMENT. AND GARNISHMENT. 33 judgment, is actually due; and that he apprehends the loss of said debt, or some part thereof, unless summons of gar- nishment do issue. “GEORGE HALL.” Sworn to and subscribed before me, this “5th day of June, 1857.” “JAMES TRUSTY, J. P.” Where garnishment issues on a judgment, the sheriff or constable should return on the execution an entry of “no property.” FORM OF BOND OF PLAINTIFF IN GARNISHMENT. Know all men by these presents that “Bubb Ooeay. we, “George Hall” and “Thomas Hall,” security, are held and firmly bound unto “Thomas Trust,” his heirs and assigns, in the just and full sum of “two hundred dollars,” for the payment of which we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Signed, sealed, and dated, this “ 5th day of June, 1857.” The condition of this bond is such that, if the said “George Hall” shall satisfy and pay all costs incurred by the said “ Thomas Trust,” or any person served under sum- mons of garnishment, which said “ George Hall” is about to sue out, upon a judgment in his favor against “Thomas Trust,” obtained at the “July term, 1855, of the Superior Court of said county,” in case the said “George Hall” shall discontinue or be cast in his suit, and also all damages which may accrue against him, the said “ George Hall,” for suing out said garnishment, then this bond to be void, else of full force. ; “GEORGE HALL,” [us.] “THOMAS HALL,” [z.s.] Test, “JAMES TRUSTY, J. P.” 3. 84 LEGAL FORMA, FORM OF SUMMONS. “ GEORGE JONES” VS. Assumpsit in Bibb Superior “SAMUEL WHITE.” Court.” To “Joseph Brown.” You are hereby required to appear at the “Superior Court to be held in and for the county of Bibb, on the second Monday in November next,” then and there to answer on oath what you are indebted to said de- fendant, “Samuel White,” or what effects of said defendant you have in hand, or had at the time of “the serving this sum- mons,” (or “at the time of issuing said attachment.”) “JAMES TRUTH, J. P.,” [us.] This “June 5th, 1857.” FORM OF BOND TO DISSOLVE GARNISHMENT,. Know all men by these presents, that GEORGIA, “Bibb” County. we, “Samuel White and Jacob James, security,” are held and firmly bound unto “George Jones,” his heirs and assigns, in the sum of “two hundred dollars,” for the payment of which we bind ourselves, our heirs, executors, and administrators, by these presents: signed, sealed, and dated, “this 5th day of June, 1857.” : The condition of this bond is, that whereas the said “George Jones” has prayed the issuing of summons of gar- nishment, in an action of “assumpsit,” returnable to the next “Superior” Court of said county, in favor of said “George Jones, against said Samuel White;” and summons of garnishment having actually issued, and been served in said cause; now if said “Samuel White” shall pay to the said “ George Jones,” his heirs and assigns, the amount of the judgment he may recover in said suit, as well as all the cost which may accrue thereon; then this bond to be void, else to remain in full force. “SAMUEL WHITKE,” [1.s.] : “JACOB JAMES,” eel Test, “ JAME® TRUTH, J. P.” ATTACHMENT AND GARNISHMENT. 85 FORM OF RULE NISI AGAINST DEFAULTING GARNISIIEE. a ” a Asgumpalt in Bibb Superior “SAMUEL WHITE.” Court, May Term, 1857.” It being represented to the Court that a summons of gar- nishment in the above stated cause has issued, in accordance with law, for “Joseph Brown,” and has been duly served upon the said “ Joseph Brown,” and that the said “ Joseph Brown” has entirely failed to answer said garnishment: It is ordered by the Court, that the said “Joseph Brown” file his answer to said summons of garnishment, in the Clerk’s office of this court, by the first day of the next term of said Court, or in default thereof, show cause why judg- ment should not be entered against him for the amount of the plaintiff's demand and costs: and that a copy of this rule be served by the sheriff upon him. FORM OF ANSWER OF GARNISHEE, “g AMUEL WHITE” Court, May Term, 1857.” In answer to the summons of garnishment, served upon respondent in the above cause, respondent saith “that he has no effects whatever of the defendant “Samuel White,” in his hands, nor had he any such effects at the time of the service of said summons of garnishment; nor does he owe said Samuel White one dollar, on any account whatever; nor did he at the time of said service.” (If the garnishee has any effects, they should be fully stated after the words, “he has.”) Wherefore, having fully answered, respondent prays to be hence discharged. “GEORGE JONES,” “Assumpsit in Bibb Superior “Bibb oot. being sworn, deposes and says, that the facts contained in the above answer are true. ; " “JOSEPH BROWN.” Sworn to and subscribed before me, “this 12th day of May, 183%,” “JAMES TRUTH, J. P.” Before me came “Joseph Brown,” who, 86 LEGAL FORMS. The judgment against garnishee is for the effects in hand. It may be satisfied by the delivery of the effects of the de- fendant in his hands, or the payment of the money ad- mitted or found to be due him, FORM OF AFFIDAVIT AGAINST INSURANCE COMPANY. Before me, a Justice of the Peace in “ Bibb” County. and for the said county, personally came “James Day,” who on oath deposes and says, that heretofore, “on the first day of March last past,” deponent procured from an “Agency of the New York Marine and Fire Insurance Bank, of New York, said Agency being located in the city of Savannah,” and State of Georgia, a policy of insurance on “certain goods of deponent, shipped on board the ship Southport, bound from Savannah to New York,” at the premium of “one per cent.,” duly paid said “Agency” by said deponent; that by the loss of “said ship” the said “ goods” have been entirely lost and destroyed, to the value of ‘‘one thousand dollars,” and said deponent en- damaged in that amount; that deponent has fully complied with the rules and regulations of said company, as prescribed by the policy; and that said “ New York Marine and Fire Insurance Company” refuse and neglect to pay deponent the loss so sustained by him, although the sime does not ex- ceed the amount that is covered by said policy, and deponent has reason to apprehend the loss of said sum, or some part thereof, unless an attachment issue against said insurance company. “JAMES DAY.” Sworn to and subscribed before me, this “ 5th June, 1857.” “JAMES TRUTH, J. P.” The bond given by an insurance company to replevy, is exactly the same as in the case of any other defendant in attachment. The wages of journeymen mechanics and la- borers are not subject to garnishment. Bank officers are sub- ject to garnishment, where their salary exceeds five hundred dollars. 7 BAIL. 87 x BAIL. An agent or attorney is authorized to hold to bail. FORM OF AFFIDAVIT OF PLAINTIFF, Before me, “James Truth, a Justice GEORGIA, “ Bibb” County. of the Peace” in and for said county, came in person “George Ellis,” who, upon being duly sworn, deposes and says, that “James Shaw ” is indebted to him by “note, dated Ist November last past, and due at five months, in the sum of five hun- dred dollars,” and that deponent has reason to apprehend the loss of said sum, or some part. thereof, if the said “ James Shaw ” is not held to bail. “GEORGE ELLIS.” Sworn to and subscribed before me, this “10th day of Apzil, 1852.” “JAMES TRUTH, J. P.” \ ’ Indorsement on Writ. Amount sworn to, * $500” 2 Sheriff will take good bail for “$1000.” x AFFIDAVIT BEFORE DEBT IS DUE. Before me, “ Lemuel Holt,” a “Jus- GEORGIA, ‘ Do ns seat ae - “Bibb” Gounty. tice of the Peace,” in and for said coun ty, came “ Charles Smith,” who, upon being duly sworn, deposes and says that “ Charles Taylor,” of said county, is indebted to said deponent in the sum of “ one hundred dollars,” by “a note, made on the first day of January last past, due six months after date, for the said sum of one hundred dollars ;” that the said note is not now due; that the said “ Charles Taylor” is about to remove out of the limits of said State, and deponent has reason to 38 LEGAL FORMS. apprehend the loss of said debt, or some part thereof, if the said “ Charles Taylor” be not held to bail. “ CHARLES SMITH.” Sworn to and subscribed before me, this “10th day of June, 1852.” “LEMUEL HOLT, J. P.” Indorsement on Writ as above, AFFIDAVIT TO HOLD TO BAIL, PENDENTE LITE. GEORGIA, “Bibb” County. ou oath deposes and says, that “‘ James Wells,” of said county, is indebted to deponent in the sum of.“ one hundred dollars, by a note, bearing date on the first day of January last, and due sixty days after date,” upon which depouent has instituted an ac- tion of “assumpsit,” which is now pending in the “Supe- rior” Court of said county, and that deponent has reason to apprehend the loss of said sum, or some part thereof, if the said “ James Wells” be not held to bail. “JOSEPH BLOW.” Before me came “ Joseph Blow,” who . Sworn to and subscribed before me, this “ 10th day of March, 1852.” “JAMES TRUTH, J. P.” Indorsement on Process as above. BAIL BY SECURITY OR INDORSER, Upon affidavit being made by a security or indorser of the fact, and that he apprehends that the payment of the debt or some part of it will devolve on himself if the princi- pal is not held to bail, and present the same to the owner of the debt, he shall commence suit forthwith, and such affidavit shall take the place of the one required of the plain- tiff; upon failure of the owner to do so, the security or indorser is no more liable. (See act, 22d December, 1857.) BAIL. 39 SERVICE BY THE SHERIFF. The bail affidavit and process may be served on the de- fendant, as in bail pending the action, and the declaration can be filed at the term to which it is returnable. (See act, 21st December, 1857.) RULE NISI, TO MAKE SHERIFF SPECIAL BAIL—MOTION MUST BE MADE AT THE FIRST .TERM. In “ Bibb Superior” Court, “ May” Term, “1852.” “GEORGE ELLIS,” ; "VS. “ Assumpsit and bail.” “JAMES SHAW.” It being rep- resented to the Court that process to hold the above stated defendant to bail was placed in the hands of “ Charles Levy, Sheriff” of said county of “ Bibb,” in time to have been served upon the said defendant and returned to the present term of said Court, and the said “Sheriff” having failed and neglected to arrest the said defendant, or to take bail as required by law: It is ordered that the said “Charles Levy,” Sheriff of said county, do show cause on to-morrow morning, or at such time thereafter as the Court may direct, why he should not be made special bail in said cause, and be taken and deemed liable as such. And that a copy of this motion nisi be served upon him instanter. RULE ABSOLUTE. “ Bibb Superior” Court, “ May” Term, “1852.” ” ao SGEOREE EELS, “ Assumpsit” and motion to make “ JAMES SHAW.” Sheriff special bail. It appearing to the Court that good and legal process was placed in the hands of the “Sheriff” of said County in time to have returned the same to the present term of said Court, requiring“him to arrest and hold to bail the said “James Shaw,” and that the said “Charles Levy” has failed and neglected to take bail of the said “ James Shaw” according 40 LEGAL FORMS. to law; and the said “Charles Levy ” having shown ‘no cause against being made special bail in said case in an- swer to the rule nisi grsuted therein and duly served upon him: It is ordered that said “ Charles Levy ” and his se- curities shall be deemed and held special bail of the said “James Shaw ” in said cause, and that the plaintiff do pro- ceed accordingly. BAIL BOND. Know all men by these presents, that we, “Bb ay. “James Shaw, and Henry Shaw,” security, are held and ‘armly bound unto “ George Ellis,” in the sum of “one thouzand dollars,” for the pay- ment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these present: signed, sealed, and dated, “this 12th day of May, 1852.” The condition of this bond is such, that whereas, a process, requiring bail in an action of “assumpsit,” returnable to the “ November term, eighteen hundred and fifty-two, of the Su- perior” Court of said county, at the suit of the said “George Ellis,” against the said “ James Shaw,” has been served upon the said “James Shaw ;” now if the said “James Shaw” shall appear, stand to, abide, and perform the final judgment of the Court in said cause, then this bond to be void, else to be of full force and effect. “JAMES SHAW,” [u.s. “HENRY SHAW,” [is Tested by _ “JAMES TROTH, J. P.” AFFIDAVIT FOR BAIL IN ACTION OF TROVER. Before me in person came “Thomas Moore,” « Bibb” Goanty. who after being duly sworn, deposes and says, that he has instituted his action of Trover, returnable to the “November” term next ensuing of the “ Superior” Court of said county of “ Bibb,” against “ Moses ~ BAIL. 41 Day,” for the recovery of a negro man slave, named “ Joe 3” that he verily and bona fide claims the said negro man “Joe” as his property; that the value of said negro “Joe” is “one thousand dollars;” and the hire clainied in said action is “two hundred dollars” per annum; and that he has reason to apprehend that said negro “Joe” will be eloigned or removed away, or will not be forthcoming, to answer the judement, execution, or degree, that will be made in said cause, unless bond and security is given under the statute for the forthcoming of said slave. “THOMAS MOORE.” Sworn to and subscribed beforo me, this “ July 10th, 1852.” “JAMES TRUTH, J. P.” BOND OF DEFENDANT. Know all men by these presents, that we, “Moses Day” and “ Henry Long,” security, are held and firmly bound unto “ Thomas Moore,” in the sum of “two thousand dollars,” for the pay- ment of which; well and truly to be made, we bind our- selves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “ 12th day of July, 1852.” The condition of this bond is such, that whereas, the said “Thomas Moore” brought to the next November term of the “Superior” Court of said county his action of Trover against the said “Moses Day,” for the recovery of a negro man, named “Joe;” and whereas, the said “ Thomias Moore” has filed his affidavit, to obtain bail in said action, as pre- scribed by law in such cases; now, if the said “ Moses Day” shall produce, or caused to be produced, said “ negro slave, Joe,” to answer such judgment, execution, or decree, as may be issued or rendered in the said case, then this bond shall be void, else to remain of full force and effect. “MOSES DAY,” LS.] “HENRY LONG,” [us.| GEORGIA, “Bibb” County. Tested and approved by “JAMES TRUTH, J. P.” g* 42 LEGAL FORMS. If the defendant refuses to give security, then it is made by the law incumbent on the Sheriff to deliver the property into the possession of the plaintiff, taking from him a re- cognizance, with security, the form of which is eyactly similar to that given by the defendant, except that it recites “ that the defendant has refused to give such security.” PETITION FOR BAIL IN ACTION EX DELICTO. GEORGIA, To the Honorable “ A. P., Judge of the “Bibb” County. ( Superior Courts of the Macon Circuit.” The petition of “ Hugh Reed” respectfully showeth, that he has instituted his action against “Harvey Wall,” in the “Superior Court of said county,” returnable to the “No- vember term” next ensuing of the said “Superior Court,” and now pending there, “ for the malicious prosecution of a certain warrant for the offense of simple larceny,” brought by the said ‘Harvey Wall” against your petitioner, in which action your petitioner claims from the said “ Harvey Wall” - as damages for the injury inflicted upon your petitioner, by the said malicious prosecution, the sum of “ five thousand dollars ;” and your petitioner avers that he has reason to apprehend the loss of said sum of “ five thousand dollars,” or some part thereof, unless the said “ Harvey Wall” be held to bail; wherefore, your petitioner prays your Honor to grant an order, requiring said “ Harvey Wall” to give bail in said action so commenced as aforesaid, and your petitioner will ever pray, d&e. “CHARLES LAW,” Pet. Ati’y. Before me came “ Hugh Reed,” who on being sworn, deposes and says, that the facts in the above petition contained are true. “HUGH REED.” Sworn to and subscribed before me, “this Ist day of July, 1852,” “JAMES TRUTH, J. P.” GEORGIA, “Bibb” County. BAIL, 48 ORDER OF COURT. In Cuamuzrs, “1st day July, 1852.” It being represented to the Court, by the petition and affidavit of “ Hugh Reed,” that he has now pending in the “ Superior” Court of “ Bibb” county a certain action for “ false imprisonment,” brought by the said “ Hugh Reed” against one “ Harvey Wall,” returnable to the next “ Novem- ber term” of said court, in which he claims damages to ‘the amount of “five thousand dollars ;” and it farther appearing that the said “ Hugh Reed” has reason to apprehend the loss of said sum, or some part thereof, unless the said “ Har- vey Wall” be held to bail, the clerk of the said “ Superior” court is therefore directed to issue a bail process in said cause, requiring the said defendant to give good and snffi- cient bail to said action, in the sum of “ ten thousand dol- lars.” CAP, S.C, MO” OATH OF JUSTIFICATION OF BAIL. GEORGIA, j é “Bibb” County. and for said county, came “ Henry Shaw,” who, being duly sworn, deposes and says, that he is the security of “James Shaw,” on a bail bond given by said “James Shaw” at the suit of “ George Ellis,” in an action of “ Assumpsit,” returnable to the “ No- vember” term, “1852,” of the “Superior” Court of said county, said bond being for the sum of “one thousand” dollars, and deponent swears that he is worth the sum of “two thousand” dollars, in property over and above the amount of his debts. Before me, a Justice of the Peace in “HENRY SHAW.” Sworn to and subseribed before me, this “5th day of May, 1852.” “JAMES TRUTH, J. P.” Bail process can be sued out upon the Sabbath day upon the 44 LEGAL FORMS. creditor making an affidavit “that he fears the loss of the debt, or some part thereof, unless bail process shall issue on the Sabbath day.” Bail process may be granted in Justice’s Court, under like regulations and restrictions-as prevail in the Superior and Inferior Courts. ? When the bail surrenders the principal in vacation, the Sheriff should take new bail. EXONERETUR OF SECURITY. “ Biss Superior Court, May Term, 1852.” “William Snow,” security on the bail bond of “John Snow,” in an action of “ assumpsit” now pending in said Court, in favor of “James Wall,” against said “ John Snow,” having delivered his principal in the Sheriff's hands, it is ordered that he be discharged from all liability on said bond. To discharge surety, exoneretur must go ob vhe minutes. BILLS AND NOTES. PROMISSORY NOTE. “ Macon, Ist June, 1852.” “ $1000.” “Six months” after date, “I” promise to pay to “ Lewis Long,” or bearer, “ one thousand dollars ;” value received. “JOHN MAY.” BILLS AND NOTES. 45 JOINT AND SEVERAL NOTE, “Macon, Ist June, 1852.” “$1000.” : “Six months” after date, “ we, or either of us,” promise to pay to ‘‘ Lewis Long,” or bearer, “ one thousand dollars :” _ value received. , “JOHN MAY,” “CHARLES MAY.” NOTE SIGNED BY TWO—ONE SECURITY. “Macon, Ist June, 1852.” “ $1000.” “Six months” after date, “we, or either of us,” promise to pay to “ Lewis Long,” or bearer, “ one thousand dollars,” for value received. . ““JOHN MAY,” “CHARLES MAY,” See’y. INLAND BILL OF EXCHANGE. “ Macon, Ist June, 1852.” “ Sixty days after sight,” pay to theorder of “Snow & Frost, one thousand dollars,” value- received, and charge as advised. : ; & “JAMES M. STONE.” “ Messrs. Stone & Co., Savannah.” PROTEST. ee hy el fifty-two,” at th County of “Bibb” ¢ eighteen hundred and fifty-two, 8 ae ee request of “TI. C, P.,” Agent of the “ Ma- On this, the “fourth day of May, rine and Fire Insurance Bank at Macon,” in said county and 46 LEGAL FORMS. : State, bearer and holder of the original “ bill of exchange” of which a true copy is on the other side written, I, “ John Jones,” a notary public in and for said county, by legal authority duly admitted and sworn, did exhibit said “ bill” to “ Robert Ray,” the drawee therein named and acceptor of said bill, by whom payment of the said “ bill of exchange” was refused, the said “ Robert Ray” saying, “I have no funds in “hand ;” due notice of which has this day been given to “ Charles Credit,” drawer, and the “American Exchange Bank,” indorser, by letter addressed to them, “.New York.” Wherefore I, the said notary public, at the request afore- said, have protested, and by these present do protest, as well against the drawee, acceptor, and indorsers of said “ bill of exchange,” as against all others whom it may concern, for exchange, re- exchange, and all costs, charges, damages, and interest, suffered or to be suffered for want of payment of the said original “bill.” Done and protested at Macon, in said county and State, as witness my hand and notarial signature. - “JOHN JONES,” [1.s.] Wotary Public. NOTICE TO DRAWER. “Macon, 5th of May, 1852.” Sir :—TI notify you that the “bill of exchange,” dated ““Ist day of January, 1852,” drawn by “ yourself” on “ Ro- bert Ray,” whereby “said Robert Ray was requested, three mgnths after the date thereof, to pay to your own order the sum of five hundred dollars,” and which was “by you” in- dorsed to the “ cashier of the American Exchange Bank at New York,” and by him “indorsed to the agent of the Marine and Fire Insurance Bank at Macon,” was yesterday pre- sented by me at the desire and as the agent of said “agent” to the said “Robert Ray,” by whom payment: was refused on the ground of having “no funds,” and that said “ bill of ex- change” has been protested for non-payment. “JOHN JONES.” “To CHARLES CREDIT.” a N. yYy.” “ BONDS IN JUDICIAL PROCEEDINGS, 47 These forms may be used as well in cases of non-accept- ance as of non-payment. The notice should be given the day after the day of presentation if practicable. Care should be taken to state in what way notice was given to drawer or indorsers, whether personally or by mail, also, that the copy of the note given on the back of the pro- test is an exact copy of the original. BONDS IN JUDICIAL PROCEEDINGS. Bonds made by a co-partnership may be made by one partner signing the name of all the partners. Bond made to partners by firm name is good. » AFFIDAVIT OF PAUPER SEEKING INJUNCTION. Before me “James Truth,” a “ Jus- “Bn Oeunky. tice of the Peace” in and for said , county of “ Bibb,’ came in person “George Black,” who, being duly sworn, deposes and says, that he is seeking an injunction against ‘“ Henry Low” in the “Superior” Court of said county, and that from the poverty of deponent he is unable to give security as required by law in case of injunction. “ GEO. BLACK.” Sworn to and subscribed before me, this “ Ist day of May, 1853.” “JAMES TRUTH,.J. P.” 48 LEGAL FORMS. BOND GIVEN BY COMPLAINANT IN A BILL SEEKING INJUNCTION. ; GEORGIA, “Bibb” County. we, “ Lewis Long,” and “ Edwin Moore,” security, are held and firmly bound unto “Charles Lawton,” in the just and full sum of “ten thou- sand” dollars, for the payment of which we bind ourselves, our heirs, executors, and administrators, firmly by these presents : signed, sealed, and dated, this “ Ist day of April, 1852. The condition of this obligation is, that whereas, the said “Lewis Long” is about instituting bis bill in equity, return- able to the ‘‘ May term” next ensuing, of the Superior Court of said county, in which he prays an injunction, restraining the said “ Charles Lawton” from any further proceedings on an “action of assumpsit” in his favor, against said “ Lewis Long,” returnable to the “ July term” last past of said Court, and now there pending: Now, in case said “ Lewis Long” shall well and truly pay the eventual condemnation money in said cause, as well as all future costs incurred therein, then this obligation to be void, else of full force. “LEWIS LONG,” — [us. “EDWIN MOORE,” [us. Tested by “HENRY LANE, c. S.C” Know all men by these presents, that Before injunction is signed, clerk must certify that cost was paid and security given. FORM OF BOND GIVEN TO INFERIOR COURT BY PERSONS APPOINTED TO TRANSCRIBE RECORDS. Know all men by these presents, that & Bib Gawety. we, “ Joseph Trusty” and “‘ Lewis More,” security, are held and firmly bound unto the justices of the Inferior Court in and for said county, in the sum of “ one thousand” dollars, for the paymect of which to the said justices of the Inferior Court, or their successors in office, we bind ourselves, our heirs, executors, and admin- BONDS IN JUDICIAL PROCEEDINGS. 49 istrators, firmly by these presents: signed, sealed, and dated, this “ 1st dav of May, 1853.” The condition of this bond is such, that whereas, the said justices have employed the said “ Joseph Trusty,” according to the power vested in them by law, to transeribe certain record books of the “Inferior Court” of said county, into new books, which said record books have been delivered to the said “Joseph Trusty,” and a receipt for the same exe- cuted by him to said justices: Now if the said “Joseph Trusty ” shall complete the transcription of such récords by the “first day of November next,” the time stipulated with him for the completion of said contract, in such a manne as to be approved upon inspection by the said Inferior Court, or upon examination by such persons as they may appoint for the purpose, and shall safely keep, and return uninjured, such documents, books, and papers, as may be intrusted to him for the purpose aforesaid, then this bond to be void, else of full force and effect. “ JOSEPH TRUSTY,” [xs. “LEWIS MORE,” [Ls. Tested and approved by “LEWIS GAY,” J. IC. “CHARLES LEWIS,” J. I. C. “FRANCIS MARSH,” J. I. C. The power of appointing a person to transcribe the records of the Inferior, Superior, or Ordinary Court, is vested in the Inferior Court of each county. : This power they may exercise when the clerks or Ordi- nary have failed or neglected to copy any civil record, or that they have done so partially and imperfectly, or if the records have been defaced, mutilated, and obliterated. The Inferior Court are bound to give the employment to the lowest bidder; regard being had to the competency of the bidders. They are to fix the penalty of the bond, and themselves, or by agent employed by them, to examine the work, when, if approved by them, the records so transcribed have all the validity and authenticity of the original records. 50 LEGAL FORMS. BOND OF DEFENDANT IN NE EXEAT. GEORGIA, “ ” ‘ “oo” “Bibb” County. we “John James” and “ Henry Lewis, security, are held and firmly bound unto “ George Law,” in the sum of “two thousand dollars,” for the payment of which we bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “10th day of April, 1852.” The condition of this bond is such, that whereas, the said “George Law” has filed his bill in chancery, returnable to the ‘“‘ May term” next ensuing of the Superior Court of said county of “ Bibb,” praying, besides other relief, that the State’s writ of ne exeat may issue, to restrain the said “John James” from departing from the limits of said State of Geor- gia: Now, if the said “John James” shall not depart the said State of Georgia, without complying with the final decree in said cause, or shall pay the eventual condemnation money rendered in the same, then this bond shall be void, else to remain of full force and effect. “JOHN JAMES,” — [1s. “HENRY LEWIS,” |[us. 1 Know all men by these presents, that Tested by “JAMES TRUTH, J. P.” A ne exeat may be had by persons holding property in remainder or reversion against the party holding present possession, The act requires affidavit, and specifies form of bond. AFFIDAVIT OF HOLDER OF REVERSION. Before me came in person “ Samuel “Binh” County. Ward,” who, after being sworn, deposes and says, that he is entitled in reversion to certain negroes, “‘ John, Joe, George, and Mary ;” that “a life interest to said negroes is vested in “ Joseph Thomas” of BONDS IN JUDICIAL PROCEEDINGS. 51 said county, in whose possession they now are, and after whose death they revert to deponent or his heirs. That said negroes are worth the sum of “ three thousand dollars,” and that the deponent entertains serious apprehensions that the property will be removed beyond the limits of the State, and that his rights will be impaired unless a remedy be afforded for the preservation thereof, and said “ Thomas” gives bond under the statute for the forthcoming of said property when required. “SAMUEL WARD.” Sworn to and subscribed before me, “this Ist day of June, 1853.” ” “JAMES TRUTH, J. P. BOND OF DEFENDANT. “Bipn” Caualy. we, “Joseph Thomas” and “Lewis ? ) Small,” security, are held and firmly bound unto “Samuel Ward,” in the sum of “six thousand dollars,” for the payment of which to the said “ Samuel Ward,” his heirs, and assigns, we bind ourselves, our heirs, executors, and administrators, firmly by these presents; signed, sealed, and dated, this “ 15th day of June, 1853.” The condition of this bond is such, that whereas, a writ of ne exeat has been issued from the Superior Court ‘of said county of “ Bibb,” returnable to the next “ November” term of said Court, at the suit’ of “Samuel Ward,” claiming a reversionary right to “four negroes—John, Joe, George, and Mary ”—alleging that said negroes are in possession of said “ Joseph Thomas” by virtue of a “life interest in the same,” and restraining the said “Joseph Thomas” from removing said “ negroes ” beyond the limits of the State of Georgia: Now if. the said negroes shall be subject and accessible to the demand of the said “Samuel Ward,” or of the person entitled thereto, in the said county of “ Bibb,” in which said “ negroes ” were at the time of the issuing said writ of ne exeat, then this bond to be void, else of full force and effect. “ JOSEPH THOMAS,” [xs.] “LEWIS SMALL,” Ls. | Tested by “JAMES TRUTH, J. P.” ’ Know all men by these presents, that 52 LEGAL FORMS. The security given by defendant in this case is required to be within the county. The amount of the bond is fixed by the judge granting the writ of ne exeat. RETAILER'S BOND. Know all men by these presents, that Scarce we, “ Henry Shaw and Thomas Low,” security, are held and firmly bound to the Inferior Court of said county, and their successors in office, in the sum of “five hundred” dollars, for the payment of whieh we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “Ist day of June, 1852.” The condition of this bond is, that whereas, said “ Henry Shaw” has applied for license to retail spirituous liquor: Now if the said “ Henry Shaw” shall keep an orderly house, and comply with the law, in such case made this bond to be void, else of full force. “HENRY SHAW,” [xs.] “THOMAS LOW, » [u.s.} Tested by “GEORGE TRUTH, J. P.” BOND OF COMPLAINANT, WHEN DEFENDANT IS RUNNING AWAY WITH PROPERTY OF ORPHAN. Know all men by these presents, that «inh Coun, We, “George Taylor” and “ Henry Pat- ten,” security, are held and firmly bound to ‘ ‘ Christopher Sands,” in the just and full sum of “five thousand dollars,” for the payment of which we bind our- selves, our heirs, executors, and administrators, by these presents : signed, sealed, and dated, this “ 1st day of April, 1852. BONDS IN JUDICIAL PROCEEDINGS. 53 The condition of this bond is such, that whereas, the said “George Taylor” has filed his bill in equity, returnable to the “ May” term next ensuing of the Superior Court of sid county of “Bibb” against the said “Christopher Sands,” in which bill the said “George Taylor,” as prochein ami, or next friend of “ Edwin Rose and Laura Rose,” infant and orphan children of “James Rose,” deceased, alleges that the said “Christopher Sands,” has run certain negroes therein de- scribed, the property of said orphans, out of the limits of. said State, and praying in said bill, discovery and relief at the hands of said Court of Chancery: Now, if the said “George Taylor” shall make good all costs and damages the said ‘“‘Cristopher Sands” may sustain, if the said “ George Taylor” shall discontinue or be cast in said bill in equity, then this bond shall be void, else tobe of full force. “GEORGE TAYLOR,” et “HENRY PATTEN,” § [xs. Tested by “JAMES TRUTH, J. P.” BOND OF DEFENDANT. Know all men by these presents, that “ SED County. we, “Christopher Sands, and Allen Sands,” security, are held and firmly bound unto “George Taylor,” prochein ami of “ Edwin Rose and Laura Rose,” orphans of “James Rose,” deceased, in the sum of “ five thousand dollars,” for the payment of which we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents : signed, sealed, and dated, this-““3d day of April, 1852.” The éondition of this bond is such, that whereas, the said “George Taylor,” prochein ami as aforesaid, has filed his bill in equity, returnable to the next “May” term of the Superior Court of said county, praying relief, and charging that the said “Christopher Sands” had run out of the lim- its of the said State certain slaves, the property of said orphans, and therein described: Now, if the said “Christo- 54 LEGAL FORMS. pher Sands” shall perform and comply with the order and decree of said Court upon the said bill rendered, then this bond shall be void, else of full force. “ CHRISTOPHER SANDS,” Ped “ ALLEN SANDS,” LS. Tested by “ JAMES TRUTH, J. P.” FORM OF BOND BY PROCHEIN AMI. Know all men by these presents, that “BibD County. we, ‘‘Thomas Friend, and Edward Snow,” security, are held and firmly bound unto “Howell Cobb,” Governor of the State of Georgia, for the time being, in the sum of “ five thousand dollars,” for the payment of which, well and truly to be made to the said ‘ Howell Cobb,” and his successors in office, we bind ourselves, our heirs, executors, and adminis- trators, firmly by these presents: signed, sealed, and dated, this “ 10th day of May, 1852.” The condition of this bond is such, that whereas, the above bound “Thomas Friend” is about to institute an action of “assumpsit,” in the “Superior Court” of said “county of Bibb,” returnable to the next term of said Court, against one “Elbert Lawrence,” in which said suit the said “Thomas Friend ” sues as the prochein ami, or next friend of “ Laura Lilly,” minor of “Henry Lilly,” late of said county, de- ceased: Now, if the said “Thomas Friend” shall well and faithfully account of and concerning the said trust, as pro- chein ami of said minor, with the said minor, or with any other guardian, or prochein ami, or trustee, subsequently appointed by a Court of competent jurisdiction, then this bond to be void, else to remain of full force and effect. “THOS. FRIEND,” [us. “EDW. SNOW,” | Tested by “HGR, Obk S.C” ’ BONDS OF COUNTY OFFICERS. 55 BOND OF PLAINTIFF IN ERROR, IN SUPREME COURT. canine Know all men by these presents, that “Bibb” County. we, “Henry Hall, and Joseph Hall,” security, are held and firmly bound unto “ James Smith,” his heirs, executors, and administrators, in the just and full sum of “ten thousand dollars,” for the payment of which, well and truly to: be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “Ist day of June, 1852.” The condition of this bond is such, that whereas, the said “Henry Hall” is about to sue out a writ of error, in action of “debt,” brought by said “James Smith” against him, to the “July” term, “eighteen hundred and fifty-one,” of the “ Superior” Court of said county of “Bibb.” Now, if the said “ Henry Hall” shall pay the eventual condemna- tion money in said cause, as well as all subsequent costs, in the event said writ of error should be determined against him, then this bond to be void, else of full force and effect. “HENRY HALL,” [1.s.] - “JOS. HALL,” [L.s. Tested and approved by “ JAMES M. LAWS, C?A. S.C.” BONDS OF COUNTY OFFICERS. FORM OF SHERIFF'S BOND, Know all men by these presents, that “SED Gouity. we, “Charles Levy, and Henry Moor, and Levi Sims,” securities, of said coun- ty, are held and firmly bound unto “ Howell Cobb,” Gov- ernor of the State of Georgia, for the time being, and his 56 LEGAL FORMS. successors in office, in the just and full sum of “twenty thousand dollars,” for the payment of which we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this the “ 10th day of January, 1852.” The condition of this bond is such, that whereas, the above bound “Charles Levy” has been elected Sheriff of the said county of “ Bibb:” Now, if the said “ Charles Levy,” by himself and deputies, shall faithfully perform all bis du- ties as Sheriff of said county, shall execute and return all writs, warrants, processes, executions, and commands to him legally directed, as is prescribed by law, and the duties of said office shall perform without favor, affection, or partiality, then this bond shall be void, else to remain of full force. “ CHARLES LEVY,” [us. “HENRY. MOOR,” [1s. “LEVI SIMS,” [us. Tested and approved by “GEORGE TRUTH, 7.2. C. B.C.” “SAM’L SNOW, 47.2.0. B. GO” “ROBT ROSS, J. 2. C. BL OW” DEPUTY SHERIFF'S BOND. GEORGIA, “Bibb” County. we, ““ William Wynn, and Joseph Jones,” security, are held and firmly bound unto “Charles Levy,” in the sum of “ten thousand dollars,” for the payment of which we bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “10th day of January, 1852.” “The condition of this bond is such, that whereas, the said “Charles Levy,” Sheriff of the said county of “ Bibb,” has this day appointed the above bound “ William Wynn” one of his deputies, in and for said county of “Bibb: Now, if the said “ William Wynn” shall well and truly, without favor or partiality, perform all the duties required of him as Know all men by these presents, that BONDS OF COUNTY OFFICERS. 57 such Deputy Sheriff, making true returns thereof, as is re-- quired by law, then this bond shall be void, otherwise of full force and effect. “WM. WYNN,” [us. “JOS. JONES,” fre Tested by “JAMES TRUTH, J. P.” PILOT’S BOND. GEORGIA, “Chatham” County. that we, “Henry Shaw,” and “Thomas Law, and James Lee,” securities, are held and bound unto ‘ Howell Cobb,” Gov- ernor of the State of Georgia, and his successors in. office, in the just and full sum of “two thousand” dollars, for the payment of which, well and truly to be made, we bind our- selves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, the “ first day of June, 1852.” The condition of this bond is such, that whereas, the said “ Henry Shaw” is about to be licensed as a pilot, by the com- missioners of pilotage for the “ port and harbor of Savan- nah:” Now, if the said “ Henry Shaw” shall duly perform the duties of said office of pilot, and abide-by the decrees arbitraments, and awards, of thé commissioners of pilotage, made in pursuance of the authority vested in them by law, then this bond to be. void, else of full force. Know all men by these presents, “HENRY SHAW,” [xs. “THOMAS LAW,” [ns “JAMES LEE,” — [us. Tested by “GEORGE BLOW, J. P.” 4 58 LEGAL FORMS. JAILOR’S BOND. Beet Know all men by these reais a “Bibb” Goun we, “James Thomas, and Moses Wall, Cer oe« security, are held and firmly bound unto “Charles Levy,” Sheriff of said county, in the just and full sum of “ten thousand dollars,” for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents : signed, sealed, and dated, this “ Ist day of February, 1852.” The condition of this bond is such, that whereas, the said “ James Thomas” has this day been appointed by the said “Charles Levy,” Sheriff of said county, Jailor of said county: Now, should the said “ James -Thomas” well and truly do and perform the duties of Jailor of said county, not suffering any prisoner confined by legal warrant to escape, by design, neglect, or inattention, but shall the said prisoners securely keep, and treat with humanity, then the above obligation to be void, else of full force. “JAMES THOMAS,” [s. “MOSES WALL,” — [xs. Tested by “ JAMES TRUTH, J. bP.” TAX COLLECTOR'S BOND. Know all men by these presents, that “Bibb Gaunty. {we ‘George Henry, and Louis Moor, William George, Francis Shaw, and David Ross,” securities, are held and firmly bound to “ Howell Cobb,” Governor of the State of Georgia, for the time being, and his successors in office, in the just and full sum of “twenty thousand dollars,” for the payment of which we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents : signed, sealed, and dated, this “ 1st day of February, 1852.” The condition of the above bond is such,-that whereas, the above bound “ George Henry” has been elected Tax Collector of the said county of “ Bibb,” for the year “ eighteen hundred and fifty-two :” Now, if the said “ George Henry” thall well and truly do, perform, and fulfill all and singular BONDS OF COUNTY OFFICERS: 59 the duties required of him by law, as Tax Collector of said county of “ Bibb,” during his term of office, then this bond to be void, else of full force and effect. “GEO. HENRY,” [x.s.] “LOUIS MOOR,” [us. “WM. GEORGE,” LS. “FRANCIS SHAW,” [is “DAVID ROSS,” | [us. Signed, sealed, and delivered, in presence of “GEO, TRUTH, J, £, “ LEVI SNOW, J. I. CO” “HENRY LOW, J. Z. 0” TAX RECEIVER'S ROND. GEORGIA, “Bibb” County. we, “John Law, and Henry Folds, James Naylor, and Ed ward Lamb,” se- curities, are held and .firmly bound unto “ Howell Cobb,” Governor of the State of Georgia, for the time being, and his successors in office, in the sum of “ten thousand dollars, 2 for the payment of which, well and truly to be made, we bird ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “1st day of February, 1852.” The condition of this bond is such, that whereas, the above bound “John Law” has been elected Receiver of Tax Returns for said county of “ Bibb,” for the year “ eighteen hundred and fifty-two :” Now, if the said “ John Law” shall well and truly do and perform all and singular the duties required of him, in virtue of said office, as Tax Receiver, as specified by law, then this bond shall be void, else of full force and effect. “JOHN LAW,” L.8.] “ HENRY FOLDS, » Ths “JAS. NAYLOR, ”” [L.s. “EDWARD LAMB, ” [ Ls. Signed,-sealed, and delivered, in presence of “GEO, TRUTH, J. LC.” “LEVI SNOW, J. I. @” “HENRY LOW, J. Z. C.” Know all men by these presents, that 60 LEGAL FORMS. BOND OF THE CLERK OF THE SUPERIOR COURT. i , Know all men by these presents, that GEORGIA, “Bibb” County. we, “James Marks, and Henry Low,” security, are held and firmly bound unto “ Howell Cobb,” Governor of the State of Georgia, for the time being, arid his successors in office, in the sum of “ three thousand dollars,” for the payment of which we bind our- selves, our heirs, executors, and administrators, firmly by these presents : signed, sealed, and dated, this “ 1st day of February, 1852.” . , The condition of the above bond is such, that whereas, on the “first day of January”. last past, the above bound “ James Marks” was elected Clerk of the Superior Court of the said county: Now, if the said “Jamcs Marks” shall well and truly do and perform all and singular the duties required of him, in virtue of said oflice, according to law, then this bond to be void, else to. remain in full force. “JAS. MARKS,” [us.] “HENRY LOW,” [x..| Tested and approved: by “ GEO. TRUTH, J. P.” ORDINARY’S BOND. Know all men by these presents, that “Bibb Gunty. we, “Edward Lane, and Samuel Law,” security, are held and firmly bound to “ Howell Cobb,” Governor of the State of Georgia, for the time being, and his successors in office, in the sum of “ two thousand dollars, for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly y these presents: signed, sealed, and dated, this “5th. day of February, 1852.” The condition of this bond is such, that whereas, the above bound “Edward Lane” has been elected Ordinary of the said county of “Bibb :” Now, if the said “Edward Lane” shall well and truly do and perform all and singular BONDS OF COUNTY OFFICERS. 61 the duties and requirements attached to said office of Ordi- nary of said county by law, by himself and Deputy, then this bond to be void, else of full force. “EDWARD LANE,” [1s. “SAMUEL- LAW,” tre - Tested and approved by “GEORGE TRUTH, J. ZC, B. C” “SAMUEL SNOW, J. I. C,, B. @” “ROBERT ROSS, J. J. GC, B.C.” DEPUTY ORDINARY’S BOND. GEORGIA, “Bibb” County. we, “ Henry James,” and “John Care- less,” security, are held and firmly bound to “ Edward.Lane,” in the just and full sum of “ two, thou- sand ” dollars, for the payment of which we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents: signed, sealed, and dated, this “6th day of February, 1852.” The condition of the above obligation is such, that whereas, the said “Henry James” has this day been appointed Deputy Ordinary of the county of “Bibb” by said “ Edward Lane,” Ordinary of said county: Now, if the.said “ Henry James” shall well and truly do and perform all and sin- gular the duties of Deputy Ordinary in and for said county, then this obligation to be void, else of full force, oe gt “TIENRY JAMES,” Know all men by these presents, that “JOHN CARELESS,” [us. Tested by “JAMES TRUTH, J. P.” CORONER'S BOND. » Know all men by these presents, that “Hib Gomnty, we “John Sloan, and James May,” se- curity, are beld and firmly bound unto ‘6 Howell Cobb,” Governor of the State of Georgia, for the 62 LEGAL FORMS. time being, and his successors in office, in the sum of “five hundred dollars,” for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and ad- ministrators, firmly by these presents: signed, sealed, and dated, this “10th day of January, 1852.” The condition of this bond is such, that whereas, the said “ John Sloan” has been elected Coroner of the said county : Now, if the said “ John Sloan ” shall well and truly fulfill all the duties attached to said office of Coroner, then this bond to be void, else of full force. “JOHN SLOAN,” ful “JAS. MAY.” L.8. Tested by “JAMES TRUTH, J. P.” BOND OF COUNTY TREASURER, Know all men by these presents, that “Bibb” oounty. we, “ Henry Trusty, and Charles Shaw,” security, are held and firmly bound unto the Justices of the Inferior Court in and for said county, in the sum of ‘ten thousand dollars,” for the payment of which, well and truly to be made, we bind ourselves, our heirs, ex- ecutors, and administrators, firmly by these presents : signed, sealed, and dated, this “1st day of February, 1852.” The condition of this bond is such, that whereas, the said “Henry Trusty” has been appointed Treasurer,of the said county of “ Bibb:” Now, if the said “Henry Trusty ” shall well and truly perform and discharge his duties as the Treasurer of said county, then this bond to be void, else of full force. “HENRY TRUSTY,” [xs. “CHARLES SHAW.” [s. “GEORGE LAW, ¢. 2. C. B. 0.” BONDS OF COUNTY OFFICERS. 63 CONSTABLE’S BOND. Know all men by these presents, that “ Bipbr Uecaty: we, “Henry Low, and Richard Roe, and George Tone,” securities, are held and firmly bound unto the Justices of the Inferior Court in and for said county, or their successors, in the just and full sum of “five hundred dollars,” for the full payment of which, we bind ourselves, our heirs, executors, and administrators, by these presents: Now, if the said “ Henry Low” shall faithfully. perform the duties of Constable of the “one thousandth district,” G. M., in and for said county, to which said office he has been duly elected, then this bond to be void, else of full force. “ HENRY LOW,” [xs. “RICHARD ROE,” |us. “GEORGE TONE,” [Ls. Tested and approved by “ROBERT LOW, J. Z. @.” “JAS. HUME, Jf. 0” “WM. GAY, J. ZC.” BOND OF SOLICITOR-GENERAL. Know all men by these presents, that “Bio Oraaly. we, “Robert Moore,” and ‘George Heath,” security, are held and firmly bound unto “ Howell Cobb,” Governor of said State, and his sucvessors in office, in the sum of “ twenty thousand dol- lars,” for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and adminis- trators, firmly by these presents: sigaed, sealed, and dated, this “ 10th day of January, 1852.” The, condition of this boad is such, that whereas, the said “ Robert Moore” has been legally elected Solicitor-General of the “Mucon” Circuit: Now, if the said “ Robert Moore” shall pay over to the Comptroller-General of the State of Georgia, all money collected by him as Solicitor- General of said Circuit, or otherwise in behalf of said State, 64 LEGAL FORMS. to which the State may be entitled, also, all sums incurred by said Solicitor-General by reason of a failure to pay over the same according to the act of 1828, and shall do and perform all other duties required of him by law, then this bond to be void, else of full force. “ROBERT MOORE,” peel “GEORGE HEATH,” [us.} Tested by “JAMES TRUTH, J. P.” BOND OF COUNTY SURVEYORS. Know all men by these presents, that we, “ Hugh Land,” and “Thomas Way,” security, are held and firmly bound unto “Howell Cobb,” Governor of the State of Georgia, and his successors in office, in the sum of “ one thousand dollars,” for the payment of which, well and truly to be made, we- bind ourselves, our heirs, executors, and administrators, by these presents: signed, sealed, and dated, this “1st day of February, 1852.” The condition of this bond is, that whereas, the said “Hugh Land” has been appointed Surveyor of the County aforesaid, and is about to enter upon the duties of his office : Now, if the said “ Hugh Land” shall faithfully and fully fulfill and discharge all the duties of said office, and comply with the requirements of law concerning it, then this bond to be void, else of full force. GEORGIA, “Bibb” County, “HUGH LAND,” [us.]. “THOMAS WAY,” [1s.], =! Tested by “ JOSEPH SIMS, J. I. 0.” “EDWARD WOOD, J. L @” “LEWIS GRAY, J. 1. 0.” There are many bonds given by public officers, as Secre- tary of State, &e., which, not being of value for common use, do not come within the province of this work.. All CERTIORARI. 65 official bonds may easily be given by strict. conformity to the Statute. The condition especially should be in the words prescribed by the act. Certitied copies of these bonds, by the clerk or other keeper of records, to whose care the law confides the origin- als, are evidence. For the purpose of avoiding suits so expensive as to destroy the object of the Legislature, those to whom the duty of taking such bonds is confided, cannot too scrupulously ad- here to the statutory provisions as to the time of taking them and all other particulars, - CERTIORARI. FORM OF PETITION FOR CERTIORARI FROM JUSTICES’ COURT, “Bibby Gennty. To the Superior Court of said county. The petition of “ James Moore ” respectfully showeth, that at the “March term last” of the Justices’ Court of and for the “564th District, G. M.,” of said county, there came on to be heard a cause in which petitioner was the defendant, and one “ Lewis Day” was the plaintiff, “on a promissory note ;” that at the appearance term of said cause, your peti- tioner filed his plea of thé general issue to said action; that on the trial term of said cause, the plaintiff therein offered to give in evidence tosupport his said action, a promissory note, which was made by your petitioner, to one “Jared Small,” or order, of the same date and amount as was set out in the process ; that your petitioner objected to the re- ception of said note in evidence, upon the ground that no 66 LEGAL FORMS. title could have passed to the said “Lewis Day,” without the indorsement of the said “ Jared Small,” which did not appear upon the note. But the justices presiding in said Court overruled petitioner’s objection to the reception of such evidence, and admitted the note; upon which a judgment was entered in favor of the said “ Lewis Day,” against your petitioner; and your petitioner excepted, at the time of receiving the same, to the admission of said note by the said J ustices, as evidence upon the ground “that said note was made payable to said Jared Small, or order, and could not be given in evidence to sustain .any action brought by any third party thereon, without the indorsement of the said Jared Small,” which exception was overruled* by the said presiding Justices ; in which ruling and decision your peti- tioner alleges error, and having given notice, and also given bond and security, as the law requires, prays that the “State’s writ of certiorari” may issue, directed to the Jus- tices presiding in said court, requiring them to certify and send up the proceedings in said cause to the “ next term ” of the “Superior” Court of said county, that such order and decree may be made therein, as may seem meet and proper ; and, in the meantime, all proceedings under said judgment may be stopped, and your petitioner will ever pray, &c, “JAMES MOORE.” OATH TO BE FILED WITH PETITION. I, “ James Moore,” do solemnly swear that the petition for certiorari is not filed in this case fur purposes of delay only, and I verily believe I have good cause for certiorari. “JAMES MOORE,” Sworn to and subscribed before me, “ this loth” day of “April, 1852.” “JOHN GEORGE,” Justice Inferior Court, Bibb County, Georgia. NOTICE. GEORGIA, ‘ “Bibb” County, To Lewis Day. You are hereby notified that I have filed my petition to the “ Superior ” Court for a “ certiorari,” to be issued to the CERTIORARI. 67 Justices of the “564th District, G. M,” in the action brought by yourself against m2 “on a promissory note,” in said Justices’ Court, tried, and julzment rendered against me at the “ March term last past” thereof. “JAMES MOORE.” “ April 15, 1852.” CERTIORARI BOND. Know all men by these presents, that wet coals we, “James Moore,” and ‘ Thomas Moore,” security, are held and firmly bound unto “ Lewis Day,” in the sun of “sixty dollars,” for the payment of which we hereby bifid ourselves, our heirs, executors, and administrators, by these presents: signed, sealed, and dated, this “ 14th day of April, 1852.” The condition of this bond is such, that whereas, the above bound “ James Moore” has this day filed in the Clerk's Office of the Superior Court of the said county of “ Bibb,” his petition for a “ Writ of Certiorari,” to be directed to the Justices of the Peace in and for the “564th District, G.- M.,” in said county, requiring the said Justices to certify and send up to said Court their actings and doings in a certain cause there brought, in which the said “ Lewis Day” was the plaintiff, and the said “ James Moore” was the defendant, upon which judgment has been rendered against said “James Moore,” in order that the errors alleged to have been com- mitted by said Justices in said cause, may be corrected : Now, if the said “ James Moore” shall well and truly pay, as well the future.condemnation money in said cause as any future costs which may accrue therein, then this bond to be void, else of full force and effect. “JAMES MOORE,” — [s. “THOMAS MOORE,” Tested by “JAMES TRUTH, J. P.” JUSTICES’ CERTIFICATE. I do hereby certify that “James Moore ” has paid all costs 68 LEGAL FORMS. in the cause, the subject matter of the within petition, and has given bond and security, as required by law. “JAMES TRUTH, J. P.,” 564th D., G. M. “15th April, 1852.” “ ANSWER OF JUSTICES. ‘GEORGIA, “ Bibb ” County, the suit of “ James Moore,” served upon them, respondents say that they admit that an action was brought to the “ March term last” of the Justices’ Court of the “564th District, G. M.,” by “Lewis Day,” against said “ James Moore ;” that no plea was filed ex- cept the general issue ; that at the last term, respondents being the presiding Justices at. said Court, granted judgment. for the plaintiff, under the following facts :—The plaintiff offered in evidence a note made by the said “James Moore,” which was admitted to be correctly described in the summons on which said suit was founded; but defendant objected to said note being received in evidence, because it was . payable to-one “Jared Small,” or order, and defendant contended could be transferred so as to be sued upon in the name of the transferee, only by the indorsement of the said “ Jared Small ;” but these respondents overruled this objection, and there being no evidence in behalf of defendant, gave judg- ment upon said note against the said defendant, and in favor of the said plaintiff. To this decision and judgment, de- fendent excepted. Respondents attach a copy of the pro- ceedings and evidence to this their answer. “JAMES TRUTH, J. P.” [us. “HENRY SLOW, J. P.” [us In answer to the writ of certiorari at “May 31st, 1852.” In cases in Justices’ Court on the Appeal a party may obtain a certiorari “in forma pauperis” by filing an affidavit of inability to pay cost and give security, owing to his or her poverty. his affidavit when attached to the petition answers in the place of the Justices’ certificate. : A certiorari must be applied for within the space of six months, from the date of the decision in the Court below which it is sought to carry up. CLAIMS. . 69 Where the decision complained of was made in any other than the Justices’ Court, the petition should be directed to the Honorable “ A. B.,” Judge of the Superior Courts “of “Macon ” Circuit, and not to the “Superior Court ”—and ‘the judge must sanction the petition before the certiorari will be issued by the clerk. When security is offered they may be compelled to jus- tify if there is any doubt as to the sufficiency of the party. In cases relating to slaves. and free persons of color, a certiorari may be granted on twenty days’ notice to the op- posite party, the execution of the sentence of the Court be- ing delayed forty days for this purpose; in these cases written exceptions must be offered to the Court, (as in fact must be done in all cases before the Inferior Court,) which upon being overruled may be carried up and their suficiency examined by the Superior Tribunal. CLAIMS. FORM OF AFFIDAVIT OF CLAIMANT WHEN PROPERTY I8 LEVIED ON UNDER EXECUTION. Before me in person came “John & «Bibb County. Sloan,” who, on oath, says, that a negro ie man slave, named “ Joe, ” levied on by “ Charles Levy,” Sheriff of said county of “Bibb,” under and by virtue of an execution in favor of “ James Hay,” against “Thomas Plant,” issued from the “ Superior” Court 70 LEGAL FORMS. of the county of “ Bibb,” as the propperty of said defendant, “Thomas Plant,” is not the property of said “Thomas Plant,” but is the property of “ deponent.” “JNO. SLOAN.” Sworn to and subscribed before me, “this Ist day of May, 1852." “JAMES TRUTH, J. P.” FORM OF DAMAGE BOND WHICH SHOULD BE PAYABLE TO THE SHERIFF AND DOUBLE THE AMOUNT OF THE PROPERTY LEVIED ON. Know all men by these presents, that ope aly, we, “John Sloan,” and “Charles Moore,” security, are held and firmly bound unto “Charles Levy,” Sheriff of said county, in the sum of “two” thousand dollars, for the payment of which we bind ours:lves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “ Ist day of May, 1852.” The condition ‘of the above bond is such, that whereas, the said “John Sloan” has this day interposed a claim upon oath, to a “negro man Joe,” levied on as the property of “Thomas Plant,” under an execution in favor of “James Hay,” against “Thomas Plant,” as defendant's property : Now, should the said “John Sloan” pry to the said plaintiff in execution, all damages which the Jury on the trial of thé right of property may assess against him, in case it should appear that said claim was made for the purpose of delay, then this bond to be void, else of full force. “JOHN SLOAN,” [us. “CHAS. MOORE.” ied : Tested by “JAMES TRUTH, J. P.” CLAIMS, 71 FORTHCOMING BOND WHICH SHOULD BE PAYABLE TO PLAIN- TIFF IN FI. FA. AND DOUBLE THE AMOUNT OF THE PRO- PERTY LEVIED ON. Know all men by these presents, that GEORGIA, “Bibb” County. we, “John Sloan,” and “Charles Moore,” security, are held and firmly bound unto “ James Hay,” in the sum of “two thousand” dollars, for the payment ef which we bind ourselves, our heirs, execu- tors, and administrators, firmly by these presents: signed, sealed, and dated, this “2d day of May, 1852.” The condition of this bond is such, that whereas, the said “John Sloan” has interposed his claim to a “ negro slave Joe,” levied on by “Charles Levy,” Sheriff of said county, under and by virtue of an execution issued from the “Su- periot” Court of said_ county in favor of the said “ James Hay,” against one “ Thomas Plant,” as the property of said “Thomas Plant:”? Now, should the said “John Sloan” well and truly deliver said “ negro man Joe,” at the time of sale, (provided said slave should be found subject to said ex- ecution,) then this bond to be null and void, else of full force. . “ JOHN SLOAN,” LS. “ CHARLES MOORE,” [us. Tested and approved by “JAMES TRUTH, J.-P.” Claims of land are always returned to the Superior Court of the county in which the land lies. : Claims to personal property levied on by attachment or execution, are to be returned to the Court whence the at- tachment or execution issued. Where property is advertised by executors or administra- tors and claimed, the claim is returnable to the next term of the Superior or Inferior Court to be held after the claim, in the county of the residence of the executor or administrator, if the property be in his possession; but if in the possession of the claimant, then in the county of the claimant’s residence. "2 LEGAL FORMS. Claims of slaves levied on by Justices’ Court i. fas. are returnable to the Superior or Inferior Court, whichever may first meet, of the county whence the execution issued. When plaintiff in ji. fa. dies pending claim, his repre- sentatives may be made party on motion and twenty days’ notice. A claim may be made and papers filed by agent or at- torney, who may swear to best of his knowledge and belief. Claims to property levied on by Justices’ Court, fi. fas. are returned, (except when negroes or land are claimed,) to the next Justices’ Court in the district. The form of oath, bond, d&c., in claims under execution, and at common law under attachment, are substantially the same, merely changing them to suit the particular case. Where land is levied upon, no forthcoming bond is taken. When the claim is under and returnable in Justices’ Court, the damage bond is payable to plaintiff in fi. fa. CONVEY ANCES. ATTESTATION AND RECORD OF INSTRUMENTS. All deeds and bills of sale should be recorded, in order to give them the publicity of delivery of seisin at common, law. There are certain priorities secured to the first re- corded instrument, which also makes it important to place them immediately on record. There is the advantage also of CONVEYANCES. 73 using copies from the record, if lost, which more than com- pensates the expense incidental to recording all instruments, of whatever kind. Mortgages and marriage settlements must be recorded in three months; a deed to land loses precedence over a subsequent deed from same grantor unless recorded ‘in twelve months; but with these exceptions the Tecord can be made at any time. To admit a deed of real estate to record it must be at- tested by two witnesses, one of whom is a Judge of the Su- perior Court, Justice of the Inferior Cowt, Justice of the Peace, Notary Public, Clerk of the Superior or Inferior Court, Sheriff or Deputy-Sheriff, Ordinary, Tax Receiver or Collector, or County Surveyor, or Mayor, Intendant, or Com- missioner of any incorporated town or city. Deeds to personal property should be witnessed by a Judge of Superior Court, Justice of the Inferior Court, Jus- tice of the Peace, or Notary Public, as it is doubtful whether the act of 18th February, 1854, applies to them. Mortgages to real and personal property must be attested in the same way as deeds to such property respectively. Instruments executed in foreign countries may be attested, -as in Georgia, substituting the consul or vice-consul for the magistrate or other person who can attest them here. In other States of the Union, deeds can be attested by a commissioner, appointed by our executive, whose attesta- tion is made equal to that of any magistrate authorized to. witness deeds in Georgia. Parties can procure the appoint- ment of proper co: missioners in those places where thcre are none, by application at Milledgeville. 74 LEGAL FORMS. WARRANTY OF TITLE. The general covenant of warranty, as used in this State, is held to cover all the special warranties, as to freedom from incumbrances, for quiet enjoyment, &c., used at com- mon law :—and hence is sufficient for all purposes, in itself, FORM OF DEEDS AND OTHER INSTRUMENTS. By the act of 21st December, 1821, the estate created by @ conveyance, unless there is an express limitation, is an ab- solute fee simple. The acts of 24th December, 17-8, and 22a February, 1785, enacts that formal defects shall not vitiate any conveyance. Hence we believe that there is much useless repetition and verbiage in the forms now in use. SHORT FORM OF A DEED TO LAND. - For and in consideration of the sum of “one thousand dollars” to me in hand paid by “A. B.,” of the afore- said county and State, the receipt of which is hereby acknowledged, I, “C. D.,” of said county and State above mentioned, do hereby give, grant, bargain, sel], alien, and convey, unto the said “A. B.,” bis heirs and assigns, “ lot of land number ten, in the first district of “ Dougherty” County, in said State, containing two hundred and fifty acres, more or less, together with all privileges and appur- tenances thereto in anywise belonging in fee simple.” (Here add clause of warranty, if it is desired, as in the form below.) In testimony whereof the said “ C. D.,” has hereto set his hand and seal, this “ 1st” day of “ August,” “ 1855.” “0. D.,” [Ls] GEORGIA, “Bibb” County. Signed, sealed, and delivered, in presence of “Dp. “G. H.,” Justice of the Peace, Bibb County. CONVEYANCES. "5 The above form we deem in everything sufficient, for. those who prefer them we add, however, forms of the instru- ments now in daily use, merely saying that where printed forms are used, the latter are safest for those not accustomed to writing deeds. FORM OF WARRANTY DEED, anireonEuOneTk This indenture, made this the “Bibb” County. “first day of May, in the year eighteen hundred and fifty-two,” between * John Thomas,” of the county of “ Lee,” of the first part, and “ George Shaw,” of the said county of “ Bibb,” of the second part, witnesseth that the said ‘ John Thomas,” for and in consideration of the sum of “ fifty dollars,” to him in hand paid, by the said “George Shaw,” the receipt whereof is hereby acknowledged, does, by these presents, give, grant, bargain, sell, and convey, unto the said “ George Shaw,” his heirs and assigns, a certain “Jot of land lying in the county of Bibb and State of Georgia, known and dis- tinguished in the plan of said county as lot number one, in the first district of said county,” together with all the priv- ileges thereto in any wise appertaining. To have and to hold the above granted premises to the said “ George Shaw,” his Heirs and assigns, in fee simple. And the said “ John Thomas” will, and his heirs, execu- tors, and administrators, shall, the said property to the said “George Shaw,” his heirs, executors, and administrators, forever warrant and defend against the lawful demands of all persons whatever. Tn testimony whereof, the said “ John Thomas” has hereto set his hand and seal, this day and year above written. “JOHN THOMAS,” [1.s.] + Signed, sealed, and delivered, in presence of «JAMES TROTH, J. P., B.C” “CHARLES SWAN.” 16 LEGAL FORMS. When there is any erasure or interlineation, it should be stated just before the name of the witnesses. ; DEED MADE BY AGENT OR ATTORNEY. A deed made by an agent should follow the above form, to the words, “In testimony, &c.,” which should be as fol- lows :—In testimony whereof, the said “ John Thomas” has hereto set his hand and seal the day and year above written, by John Doe, his attorney in fact. “JOHN THOMAS,” [1.s.] ‘ By his attorney in fact, ; “ JNO. DOE.” Signed, sealed, and delivered, in presence of “JAMES TRUTH, J. P., B. C” “CHARLES SWAN.” The letter of attorney should be recorded with the deed. SHERIFF'S DEED. This indenture, made this the “Bibb ceunty. “seventh day of March, in the year eighteen hundred and fifty-two,” be- tween “Charles Levy,” Sheriff of said county, of the first part, and “ Lewis Green,” also of said county, of the second part, witnesseth, that whereas, the said “Charles Levy,” Sheriff as aforesaid, did on the 15th day of January last, levy upon and:afterwards expose to sale, a certain “ lot of, land,” hereinafter more fully described, before the Court house doors in said county, between the legal hours of sale, and after advertising the same according to law in the “ Macon Georgia Telegraph” for the space of thirty days thereafter, did sell the said lot on the “ first Tuesday” of this present month, said land being levied on and sold as the property of “Joseph Lee,” under, and by virtue of, an execution is- sued from the “Superior” Court of said county of “ Bibb,” in favor of ‘Thomas Day,” against said “ Joseph Lee,” and the said “ Lewis Green” having been the high- est bidder for the same, and it being knocked off to him je CONVEYANOES. wt as the purchaser at the sum hereafter named: - Now, the said “Charles Levy,” Sheriff as aforesaid, in considera- tion of the premises and of the sum of “one thousand dol- lars,” to him in hand paid, at and before the signing and delivery of. these presents, has granted, bargained, sold, aliened, and conveyed : and. by these presents does convey, unto the said “Lewis Green,” his heirs and assigns, the aforesaid “lot of land,” lying in the “city of Macon,” and in the said county and State, and known in the plan of said “city” as “lot number one, in square one, containing one half acre.” . * - To have and to hold the said “Jot of land” to the said “ Lewis Green,” his heirs and assigns, in as full and ample a manner as the said “Joseph Lee ” might have done. In testimony whereof, he has hereto set his hand and seal, the day and year above written. “CHARLES LEVY,” [us.] Signed, sealed, and delivered, in presence of “ ROBERT ROE,” : “JAMES TRUTH, J. P.” _ The sheriff should convey just what he sells. If, for in- stance, he levies on and advertises an interest belonging to a defendant, and sells it, he should only convey the interest, whatever it may be. - = Puschasers at Sheriff's sale should have the Si. fa. sell- ing the property recorded with the deed. PROBATE OF INSTRUMENTS. Affidavit of Witness to obtain Record. Before me, “James Truth,” a Justice “Bibb County, of the Peace, in and for said county, . came in person “Thomas Merrill,” who, after being duly sworn, deposes and says: that he was a subscribing witness to the within deed of conveyance, that his signature as such witness is genuine, and that he saw 78 LEGAL FORMS. the maker of said deed, “Joseph Slow,” sign and seal the sane, and the other witness, ‘ Richard Roe,” also signed the attestation in his presence and in the presence of each other, on the day upon which the deed bears date. “THOMAS MERRILL.” Sworn to and subscribed before me, ‘this Ist day of May, 1853.” “ JAMES TRUTH, J. P.” ' AFFIDAVIT WHEN WITNESS DEAD, INSANE, OR REMOVED. GEORGIA, “Bibb” County, of the Peace, in and for said county, came in person, “ Richard Roe,” who, being duly sworn, says: that he was acquainted with the subscribing witnesses to the within deeds, and knows their handwriting, that the handwriting of the maker is also known to him, that one of the subscribing witnesses, ‘‘ Charles Moor,” is dead, and that the other, ‘‘ William Wells,” is insane, and that the signature of the maker, “John Doe,” and of each of the said subscribing witnesses is genuine, and in the handwriting of said maker and said witnesses re- spectively. Before me, “James Truth,” a Justice “RICHARD ROE.” Sworn to and subscribed before me, “ this Ist day of August, 1852.” “JAMES TRUTH.” FORM OF ADMINISTRATOR'S DEED. GEORGIA, “Bibb” County. ¢ day of June, in the year eighteen hun- died and fifty-two,” between “John Doe,” administrator of the g: ods and chattels, rights and credits, and which were of “James Doe,” deceased, of the first part, and “ Richard Roe,” of the second part, witnesseth: ‘hat, whereas, the Ordinary of the said county of “ Bibb ” did, at his court, holden in the month of “ March ” last past, em- This indenture, made this “the fourth _,OONVEYANCES. 79 power the said “John Doe,” as administrator as aforesaid, to sell and dispose of all the real estate of the said James Doe,” deceased: And whereas, the said “ John Doe” hav- ing given public notice of said sale for sixty days in the “ Georgia Telegraph, a Gazette, published in the city of Macon, and said county ;” and having complied with all the requisitions of the law therein, did, on the first Tuesday of “this present month,” proceed to expose the “lot of land” hereinafter described, for sale at the Court House “in said county,” between the hours limited by law for such sales: And whereas, the said “ Richard Roe” bought said lot at and for the sum of “ five hundred dollars,” which was the highest sum bid for the same at said sale: Now, the said * John Doe,” administrator as aforesaid, in consideration of the said sum of “ five hundred dollars,” to him in hand paid, the receipt whereof is hereby acknowledged, has grant- ed, bargained, sold, aliened, and conveyed; and by these presents does grant, bargain, sell, alien, and convey unto the said “ Richard Roe,” his heirs and assigns, a “lot of land in the second district of said county of Bibb, known in the plan of said county as lot number four, in the said second district of said county.” : To have and to hold said premises to the said “ Richard Roe,” his heirs and assigns forever. In testimony whereof, the said “John Doe,” administra- tor, has hereto set his hand and seal this day and. year above written. “JOHN DOK,” [us.] Signed, sealed, and delivered, in presence of “JAMES TRUTH, J. P., B. OC” “CHARLES SWAN.” FORM OF DEED BY EXECUTORS. GEORGIA, «pibd” county, 7 into this “ first day of May, in the year eighteen hundred and fifty-two,” be- An indenture made, had and entered tween “ Richard Roe,” executor of the last will of ‘ John 80 LEGAL FORMS, Roe,” of said county, of the first part, and “ John Doe,” also of said county, of the second part: Whereas, said “ John Roe,” by his last will and testament (duly executed and admitted to probate) in order to enable his executor to make a division of his estate according to said will, did therein and thereby authorize him to make sale of and convey all his real estate, either at public or private sale, as to him should seem meet, and to make good and sufficient deeds to the purchasers thereof, and in and by said will did appoint “ Richard Roe” executor thereof. Now, this indenture witnesseth, that by virtue of the power and authority aforesaid, and in consideration of the sum of “one thousand dollars,” to him in hand paid, the receipt whereof he does hereby acknowledge, the said “ Richard Roe” doth give, grant, bargain, sell, and convey, by virtue of these pr-sents, to the said “John Doe,’ his heirs and assigns, the following property, that is to say: “a lot of land in the second district of the said county of Bibb, known in the plan of said district as lot num- ber one, in the said second district, with all the appur- tenances thereto belonging.” = To have and to hold the said premises to the said “John Doe,” his heirs and assigns, in fee simple. And the said “ Richard Roe” will, as executive as afore- said, the aforegranted premises to the said “John Doe” forever warrant and defend. 3 ‘ In testimony whereof, the said “ Richard Roe,” execu- tor, has hereto set his hand and seal, this day and year above written. “RICHARD ROE,” [us.] Signed, sealed, and delivored, in presence of “JAMES TRUTH, J. P., B.C.” “ CHARLES SWAN.” DEED OF LAND IN TRUST FOR A MARRIED WOMAN, This indenture, made this the “fourth - “Bite itty, day of May, in the year eighteen hun- ; dred and fifty-two,” between “John Smith ” of the one part, and “ Henry Orme ” of the other CONVEYANCES. 81 part, “ both of said county,” witnesseth that the said “John Smith,” for and in consideration of the great love and affec- tion which he bears towards his daughter, “ Mary Ann Lane,” wife of “ Joseph Lane,” of said county, as well as for and in consideration of the sum of “ ten dollars,” to him in hand paid by the said “ Henry Orme,” the receipt of which is hereby acknowledged, has granted, bargained, sold aliened, and conveyed; and by these presents doth grant, bargain, sell, alien, and convey unto the said “ Henry Orme,” his heirs and assigns, “a lot of land lying in the city of Macon, said county and State, known in the plan of said city as lot number three, in the first square of said city of Macon.” To have and to hold the aforegranted premises to the said “‘ Henry Orme,” his heirs and assigns, in trust neverthe- less, for the sole and separate use of the said “ Mary Ann Lane,” wife of the said “ Joseph Lane,” for and during her natural life, and after her death to such children as she may leave living at the time of her death, share and share alike; and if she shall die, leaving no child or children living ‘at the time of her death then to the said “Joseph Lane ;” or if the said “ Joseph Lane” shall die before the said “‘ Mary Ann,” to her heir-at-law 5 with power to the said “ Mary Ann,” to empower the said “ Henry Orme,” by writing _ under her hand, to sell any part, or the whole of said trust estate, and to re-invest the proceeds in such other property subject to the above described trusts as he shall deem most for the interest of said trust estate. And with power, also, to the said “ Mary Ann Lane,” if she shall die leaving no child living at the time of her death, to limit and appoint, by. her written will and testament properly proven and exe- cuted, the use of said lot to whosoever she may see fit. And with power, also, to the said “ Mary Ann,” and her -said husband, to appoint and choose, by their writing under their seals, another trustee instead of the said “ Henr Orme,” whenever the said “Henry Orme” shall wish to resign said trusts, or shall die, leaving the same unfulfilled, . or shall remove out of the limits of the State of Georgia, said trustee so appointed taking said trusteeship, subject to the trusts herein limited. 4 82 LEGAL FORMS. And the said “John Smith” will, and his heirs, executors, and administrators shall, the said preniises to the said “ Henry Orme,” forever warrant and defend, by virtue of these presents. In witness whereof, the said “John Smith” has hereto set his hand and seal, the day and year above written. ; “JOHN SMITH,” [1s.] Signed, sealed, and delivered, in presence of «JAMES TRUTH, J. P.” “CHARLES SWAN.” The trustee should sign an acceptance of the trust on the back of the instrument, or if property is delivered to him he should receipt therefor and agree to faithfully discharge the duties of the trust. The objects of a trust deed may be infinitely varied. The clauses for the appointment of a new trustee, and the sale and re-investment of the property, should not be omitted, as they will prevent the necessity of applying to a court of equity to direct those two objects. FORM OF QUIT CLAIM DEED. This indenture, made this the “tenth day of May, eighteen hundred and fifty- two,” between “ John Doe,” of the first part, and “Richard Roe,” of the second part, witnesseth that the said “John Doe,” for and in consideration of the sum of “one thousand dollars,” to him in hand paid by the said “Richard Roe,” the receipt of which is hereby acknowledged, has remised, released, granted, bargained, sold, and forever quit-claimed ; and by these presents doth remise, release, grant, bargain, sell, -and quit claim unto the said “ Richard Roe,” his heirs and assigns, a “lot of land situate and lying in the second district, of said county of Bibb, known in the plan of said county as lot number two in said district.” GEORGIA, “Bibb” County. CONVEYANOES, 88 To have and to hold the said-premises, with all the privileges and appurtenances thereto pertaining, to “ Richard Roe,” his heirs and assigns, so that neither the said “John Doe,” his heirs, nor any person or persons claiming under him, shall at any time hereafter have, claim, or demand, any right or title to the aforesaid premises or appurtenances, or to any part or parcel thereof. , In witness whereof, the said “ John’ Doe” has hereto set -his hand and seal the day and year above written. “JOHN DOE,” [1s.] ° Signed, sealed, and delivered, in presence of : “JOHN SMITH,” . “JAMES TRUTH, J. P.” FORM OF DEED OF RELINQUISHMENT AND CONFIRMATION. This indenture, made this the “ first. day of June, eighteen hundred and fifty- two,” between “John Doe,” of said county and State of the first part, and “ Richard Roe,” of the county of “ Crawford” and “ said State,” of the second part, witnesseth : that the said “ John Doe” hath granted, ratified, and confirmed ; and by these presents doth grant, ratify, and confirm, unto the said “ Richard Roe” all the estate which he has in one “ lot of land in the city of Macon, said county and State, known in the plan of said city as lot number. one, in square five.” ae To have and to hold unto him, the said “ Richard’ Roe,” in fee simple forever. In witaess whereof, the said ‘John Doe” has hereto set his hand and seal the day and_year above written. “JOHN DOE,” [1.s.] GEORGIA, “ Bibb” County. Signed, sealed, and delivered, in presence of “JAMES TRUTH, J. P.” “JOHN SMITH.” j * FORM OF CONDITIONAL BOND TO MAKE TITLES. “Bibb” County. ¢ 1 “‘Jobn Doe,” of the “ county of Lee and said State,” do owe unto “ Richard Roe,” of “ the said county,” “two thousand dollars,” for the Know all men by these presents, that GEORGIA, 84 LEGAL -FORMS. payment of which, well and truly to be made, to the said “Richard Roe,” his executors, administrators, or. assigns, I bind myself, my heirs, executors, and administrators, firmly by these presents. ' In witness whereof, I have hereunto set my hand and seal this “1st day of May, 1852.” The condition of the above bond is such, that whereas, the said “John Doe” has this day agreed to sell, to the said “ Richard Roe,” his certain “lot in the city of Macon, and said county, known in the plan of said city as lot number one, in square two, for the sum of two thousand dollars, of which said “Richard Roe” paid to the said “ John Doe,” one thousand dollars in cash, and made his certain promis- sory note of this date, due at twelve months, for the other thousand dollars :” Now, ‘ifthe said “ John Doe” shall con- vey and agsure, or cause to be conveyed and assured, the above premises to the said “ Richard Roe,” or to such uses and to:such persons as he shall appoint or direct, free from mortgage or incumbrance, by such conveyance as the said “Richard Roe” may reasonably demand, upon the payment by said “ Richard Roe” of his said promissory note, so given by him as aforesaid, as part consideration for the purchase of said lot of land, then this bond shall be void, else to re- main of full-force. . “JOHN DOE,” [zs.] Signed and sealed in presence of “THOMAS TAGRAG,” “JABEZ QUIRK.” 4 hes = * FORM OF ABSOLUTE BONDI’ FOR * (The same as abd¥e to the words “The condition of the above bond is ”)—then proceed as follows :— “ This, that the said “ John Doe” has this day received from the said ¥‘ Richard Roe” the sum of “one thousand dollars” in full, of the purchase money for a “ lot in the city of Macon, and said county, known in the plan of the said city: as lot number one, in square two:” Now, if the said “ Richard Roe” shall CONVEYANCES, 85 upon demand receive from the said “ John Doe” good and: sufficient warranty titles to said lot, then-the above obliga- tion to be void, else to remain in full force and effect. FORM OF BILL OF SALE OF A NEGRO. PEO Know all men by these presents, that “Bibb” County. ’ ¢ 1, “John Doe,” of “ the said:county and . State,” for and in consideration of the sum of “one thousand dollars,” to me in hand paid by ‘Richard Roe,” of “the county of Troup and said State,” have granted, bargained, sold, and confirmed; and by these presents do grant, bargain, sell, and confirm, unto the said “ Richard Roe,” his heirs and assigns, “ a negro man named Juba;” of very black complexion, and about thirty years of age. ; And I do covenant with the said “Richard Roe,” his heirs and assigns, for myself, my heirs, executors, and ad- ministrators, that the said “negro man” is a slave born, that he is in sound health, bodily and mentally; and Iwill, and imy heirs, executors, and administrators shall, the said property to the said “ Richard Roe,” his heirs and assigns, forever warrant and defend. ; In witness whereof, I have hereto set my hand and seal this the “ first day of June, 1852.” “JNO. DOE,” [xs.] Signed, sealed, and delivered, in presence of “JAMES TRUTH, J. P.” Any personal property may be conveyed as by the above form, leaving out the warranty, if desired. .. A GIFT OF LAND, This indenture, made this the “ tenth “Bibb” County. day of September, eighteen hundred and fifty three,” between “ Henry Love, of the first part, and Robert Love, son of the said Henry,” of the 86 LEGAL FORMS, second part, both of said county, witnesses, that the said “Henry Love,” for and in consideration of the natural love and affection which he has unto the said “ Robert Love,” hath given, granted, released, aliened, and conveyed unto the said “ Robert Love,” his heirs and assigns, all that ‘lot of land in the first district of said county of Bibb, known in the plan of said district as lot number ten, containing two hundred and two-and-a-half acres.” To have and to hold said premises to the said “ Robert Love,” his heirs and assigns, forever. And the said “ Henry Love” doth covenant with the said “ Robert Love,” his heirs and assigns, that he will, and his heirs, executors, and ad- ministrators shall, the said premises forever save and keep harmless from any incumbrance or conveyance made and executed by said “ Henry Love,” or by any person claiming under him. In witness whereof, the said “ Henry Love” has hereto set his hand and affixed his seal, the day and year above written. “HENRY LOVE,” [1.s.] To presence of “JAMES TRUTH, J. P.” “LEWIS LACY.” A gift like this should be recorded. It is invalid against all debts contracted prior to its execution, and possibly prior to its record; but is good as against creditors whose debts were incurred subsequently to the record. A case might indeed occur where the record and the debt would be so nearly simultaneous as to be so strongly affected with the suspicion of fraud, that the gift would be vitiated. This would only, however, be an exceptional instance. GRANT OF A RIGHT OF WAY. This indenture, made this the “ first pee Goan ey day of September, eighteen hundred and fifty-two,” between “ William Wright,” of the one part, and “Joseph Low,” of the other part, both CONVEYANCES. 87 of the said county, witnesseth. That the said “ William Wright,” for and in consideration of the sum of “one hun- dred” dollars paid to him by the said ‘ Joseph Low,” the receipt whereof is acknowledged by these presents, for him- self, his heirs and assigns, covenants and grants with and to the said “J oseph Low, ” his heirs and assigns, that it shall be lawful for the said “ Ji ‘oseph Low,” his heirs and assigns, and their agents or servants, or the occupants of the farm of the said “ Joseph Low,” hereinafter mentioned, and all and every other person, for his or their advantage, at all times and for all purposes, at his or their pleasure, to go, pass, and without let or hinderance use on foot, on horseback, or with carriages, a road lately: fenced-off by the said “William Wright,” out of certain lands of the said “ William Wright,” said road being about the breadth of “ fifteen feet,” and leading from the “road, or public highway, from the city of Macon to the town of Knoxville,, commonly called the Columbus road, through the lands of the said William Wright to a lane leading to the farm and close of the said Joseph Low, now occupied by him, and called his Tobesofkee or home farn,” which said road, the right of which is hereby granted, and the course thereof are-more. particularly described in a plan or map indorsed on these presents. And that it shall be lawful for the said “Joseph Low,” his heirs and assigns, or any person for him or them, to repair the said road, and the same to keep in good and passable order. In witness whereof, the said “ William Wright” has here- unto set his hand and seal this day and year aforesaid. “WILLIAM WRIGHT,” [u.s.] Signed, sealed, and delivered, in Presence of “JAMES TROTH, J. P.” “EEWIS LEARY.” The above form is an example of the mode of conveying those incorporeal estates which, though not tangible, are very valuable at times—franchises, commons, estates in expec- tancy, &e. Rights to cut wood, reversions, remainders, property in pews, c&c., d&c., may be thus conveyed. 88 LEGAL FORMS, DEED OF PARTITION. An indenture of two parts, made this GEORGIA, “Bibb” County. the “tenth day of May, eighteen hun- dred and fifty-two,” between “ Henry Hall,” of the one part, and “Samuel Lee,” of the other part, both of the said county. Whereas the said “ Henry Hall and Samuel Lee” are tenants in common, in fee simple, of “two lots of land in the ‘third district of the said county of Bibb, known as lots number four and five in said district, each containing two hundred and two-and-a-half acres more or less,” and the said “ Henry Hall” and “ Samuel Lee” having agreed to make partition of said land :— —_ Now it is hereby witnessed, that the said “ Henry Hall” and the said “Samuel Lee” do hereby make a full and abso- lute partition of said lands between them, in manner follow- ing, to wit:—That the said “ Henry” shall have and enjoy to the only use of him, the said “ Henry Halk” his heirs and assigns, the aforesaid “lot number four in the third district” of said county, he having paid the sum of “ five hundred dollars’ to the said “‘ Samuel Lee” yey of partition. And that the said “Samuel Lee,” his heirs and assigns, shall have said lot number “ five” in the “third” district of said county, together with the said sum of “five hundred dollars” to make the partition equal, each to have and to hold their said moieties to him and his heirs and assigns, in fee simple, forever. And the said “ Henry Hall” doth covenant with the said “Samuel Lee,” his heirs and assigns, for himself, his heirs, executors, and administrators, that he and they shall and may forever have, possess, and enjoy the aforesaid moiety free and discharged of all right, title, or interest of him, the said “ Henry Hall,” in the same, and of all incumbrances of the said “ Henry Hall,” thereon.’ (Insert a similar covenant from the other party.) In witness whereof, said parties have hereunto set their hands and affixed their seals, the day and year aforesaid. “HENRY HALL,” [us.] “SAMUEL LEE,” [1s.] Signed, sealed, and delivered, in-presence of “JAMES TRUTH, J. P.” “LEWIS GAY.” COPARTNERS. 89 COPARTNERS. AGREEMENT OF COPARTNERSHIP. @ Articles of agreement between “John apn” Oouaty. Wall and James Fair,” of “said coun- 2s ty,” this “the first day of May, eighteen hundred and fifty-two.” It is agreed by said parties to be- come partners “in the dry goods trade, in the city of Macou and said county,” and in buying and selling, vending and retailing, all sorts of goods, wares, and commodities belong- ing to said “dry goods” trade, which copartnership it is agreed shall continue at and from the date of these articles, for the space or term, to be fully ended and performed, of _ “three” years ; to which end and purpose. the said “John Wall and James Fair” have each paid in the sum of “ two thousand dollars,” to be used in said copartnership’ business for their common benefit and advantage. And it is hereby agreed by and between said partners, that they will, during said term, if they shall so long live, do their, and each of their best’ and utmost endeavors, in and by all means possi- ble, to the best. of their skill and power, for their joint in- terest, profit, benefit, and advantage ; and that all such gain, profit, and increase as shall come, grow, or arise, for or by reason of the said trade or business as aforesaid, shall be from time to time proportionably and equally divided be- tween said copartners, share and share alike. And it is fur- ther agreed, that during such copartnership, there shall be kept good and perfect books of account, in which each part- ner shall enter, as well all money by him received on ac- count of such copartnership, as all moneys paid, laid out, and expended, all goods, wares, and commodities bought or sold, and all other matters or things to the said partnership trade or business belonging or appertaining ; such books of account to be open to the Inspection of each of said partners 5 90 LEGAL FORMS. without let, hinderance, or disturbance from the other. It is further agreed, that neither of said partners shall assign his interest or share in said partnership business without the consent of the other party thereto obtained; that neither of said partners shall sell any goods, wares, or commodities to any person or persons whatever upon credit, after having been informed by the other partner that such person or per- sons are net worthy of credit; that neither of said partners shall, during said copartnership, enter into any deed, bond, or covenant, or draw, accept, or indorse any bill of exchange, or give any note, or become bound as bail or security in the name of said copartnership, for any person whatever, with- out the consent of the other partner thereto first had and obtained ; and that said copartnership may at any time be dissolved, and measures shall at once be taken to wind up, close, and settle the affairs of said copartnership, upon no- tice of the’ intention to dissolve, given by one copartner to the other, three months before the time fixed upon for such dissolution. It is further agreed that the firm name, to be used by such copartnership, shall be “John Wall & Com- any.” Tn witness whereof, the said “John Wall and James Fair” have hereto set their hands and seals the day and year above written. “JAMES FAIR,” [xs. “JOHN WALL,” [1.s. Tested by “JAMES TRUTH, J. P.” Of course, the number of clauses which may be inserted in such an agreement may be indefinite. ‘Below will be found some of the most necessary :— CLAUSE “NOT TO TRUST ANY THAT ONE COPARTNER MAY FORBID.” . “And that neither of the said parties shall sell or credit any goods of said firm to any person whatsoever, after no- COPARTNERS. 91 tice from the other copartner that such person is not worthy of credit. CLAUSE “NOT TO INDORSE BILLS OR BECOME SURETY FOR ANY ONE WITHOUT CONSENT, &0.” And that neither of said partners shall, during such co- partnership, without the consent of the other, enter into any bond, or sign any note, or indorse any paper, or become guaranty, or acceptor, or security for any person whatsoever by virtue of any written instrument. — CLAUSE GIVING POWER TO EITHER PARTNER TO DISSOLVE. e That if either of said parties shall file his petition to take the benefit of the honest debtor’s or insolvent debtor’s act, or shall, in the name of the firm, draw, or indorse, or ac- cept, or sign any note, bond, bill of exchange, or other writ- ing whatsoever, for his own use, or for any. other purpose not within the object nor for the benefit of said firm, or shall suffer any part of the partnership effects to be taken in execution for his individual debt, that then it shall be lawful forthe other partner to give to the partner so acting notice in writing, which, if he is not to be found, may be left at his abode, dissolving such copartnership, and such partnership shall from that time be dissolved and determine as completely as if the term herein limited had expired. Other causes of dissolution may be inserted ad libitum. 92 LEGAL FORMS. AGREEMENT TO CONTINUE A COPARTNERSHIP BY INDORSEMENT. We, the within named “John Wall and James Fair,” do, by these presents, indorse, declare, and mutually cove- nant and agree unto and with each other, to continue the within named partnership for the farther term or space of “three” years, if both of us shall so long live, to be ac- counted from the expiration of the “three years” within limited, to be under and subject to the several covenants and agreements herein expressed and contained. In witness whereof, the said “John Wall and James Fair” have hereto set their hands and seals this the “ 1st day of April, 1855.” : “JAMES FAIR,” [1s. “JOHN WALL,” b= The dissolution of copartnership may be effécted by an indorsement on the back of the agreement, merely releas- ing each other from all liability thereby ; and special notice of such dissolution should be given to all parties dealing with the firm. LIMITED OR SPECIAL PARTNERSHIPS. Certificate. It is agreed by and between the par- ie Geant ties hereof, all residents of said county and State, to form a limited copartner- ship under the laws of Georgia, and that said copartnership , shall be conducted under the following provisions :— That the firm name of said copartnership, by which only jt shall be known, and which alone shall be used in its deal- ings, shall be ‘‘ George Lewis and Company ;” that it shall be located in the “city of Macon,” said county, and its busi- ness shall be “the dealing in staple and fancy dry goods in COPARTNERS. 93 said city.” “George Lewis and Henry Bell” are the gene- ral partners of said firm, and will have the entire direction and management of its affairs and business. ‘ James Rose,” also of said county, is the special partner, and as such has contributed this day “ twenty-five thousand dollars ” in cash towards the capital stock of said company. That the said business shall begin at once, “dating from this day, and. shall terminate at and after the expiration of five years from this date,” subject to be dissolved at any time during that period by complying with the provisions of law. , “ GEORGE LEWIS,” ~ “HENRY BELL,” “ JAMES ROSE,” Signed this “10th day of May, 1852,” and acknowledged before “JAMES TRUSTY, J. P.” “Macon, 10th day of May, 1852.” I certify that the above instrument was signed and_ac- knowledged by the parties thereto before me this day. “JAMES TRUSTY, J. P.” The certificate above shall be filed in the clerk’s office of the county where the principal place of business is: to be, and recorded. If either party signed by letter of attorney, it must accompany the certificate. If there are secondary places of business, a transcript is to be filed in the clerk’s office of the counties where such locations are. AFFIDAVIT OF GENERAL PARTNERS. Before me came in person “ George “Babb Oounty, _¢ Lewis and Henry Bell,” who, being each respectively sworn, do depose~and say, that they are the general partners in a limited copartnership about to be formed in said county, under the name of “ George Lewis and Company,” ,and that “ James Rose” is 94 LEGAL FORMS. the special partner, and that the amount agreed to be con- tributed by the said “James Rose” to the capital stock of said firm, “ twenty-five thousand dollars,” has been actually and in good faith paid in cash. “ GEORGE LEWIS,” “ HENRY BELL,” Sworn to and subscribed before me, this “10th day of May, 1852,” “JAMES TRUSTY, J. P.” The terms of the copartnership, duration, &e., are to be published six weeks in one paper in the county and one in Milledgeville ; or, if none in the county, in all the papers in Milledgeville. This publication must be within two months after registry. Every renewal must be made with similar formalities. The dissolution is to be published four weeks, once a week, in a paper in each of the counties where business is done. If no papers in those counties, then in all the papers in Milledge- ville. The dissolution is to be signed by all the parties. CORONERS. It is the duty of the Coroner, upon being notified of the death of any person, which happened in an unusual or vio- lent way, or under suspicious circumstances, to summon a jury, and proceed to the spot where the body lies, and hold an inquest over it. If the death happened from drowning, and the body cannot be procured, or should decomposition CORONERS. 95 have commenced, or the place be inconvenient for holding the investigation, then the inquest need not be absolutely in view of the body. The Coroner should summon competent medical aid to assist him in the determination of the cause of the death, when he may deem such assistance necessary. The jury should be summoned by the constable to whom the precept is given, indifferently from the neighborhood, and all jurors summoned and failing to attend are subject to a fine. The Coroner can summon the jury himself if ne- cessary. When the inquisition charges any person with murder or manslaughter, or as being an accessory or accomplice to the crime of murder, he should put down in writing the mate- rial evidence given to the jury, certify the same, and forward it to the Superior Court at or before the trial of the parties. He should also bind over to appear at the Court all persons who are material witnesses in proving the crime. It is the Coroner’s duty to compel the attendance of all persons whom he has reasun to suppose knows anything of the murder, and to conduct the examination of them him- self, and to make the investigation as thorough and satisfac- tory as can be done. ‘When the Sheriff of a county is interested, it is the duty of the Coroner to execute the process in the case, as the Sheriff usually does when not a party. CORONER'S OATH. I, “Joseph Mount,” Coroner of the county of “ Bibb,” do solemnly swear that I will well and truly serve the State of Georgia in the office of Coroner of said county ; that I 96 LEGAL FORMS. will to the utmost of my power, faithfully and truly exe- cute, or cause to be executed, all writs and precepts to me directed, and which shall come to my hands, and will. faith- fully and truly return the same according to the best of my knowledge, skill, and judgment; that I will in no case knowingly use or exercise the said office illegally, corruptly, or unjustly; that I will neither directly, by any means or device, or under any color or pretence whatsoever, accept, receive, take, and use or enjoy, or consent to the accepting, using, receiving, taking, or enjoying any fee or reward from any person or persons whomsoever for the summoning, em- pannelling, or returning of any inquest, jurors, or tales to or in any Court for this State, or between party and party, other than such fees or rewards as are or shall be allowed by law for the same; and that I will not directly or indi- rectly exact or demand any manner of fee or reward of or from any person or persons for serving, executing, or return- ing any writ, precept, process, execution, or inquisition of or for any other service in my said office, other than such fees or rewards as are or shall be allowed for the same—by law ; but that I will, in all cases and things touching the duties of said office, demean myself honestly, fairly, and impar- .,tially, according to the best-of my knowledge, skill, and judgment: so help me God. FORM OF PRECEPT. The State of Georgia to any lawful “Reh oe onty, constable _ _ of the said county. ; ) You are required immediately, upon sight hereof, to summon good and lawful men from district, or an adjoining district if necessary, of the county of “ Bibb,” to be and appear before me, “ A. B.,” the Coroner of the county aforesaid, at in the said district of said county, on the day of at the house of ‘in the at noon of the same day, then and there to inquire of, do, and execute all such things as on behalf of the State shall be given them in charge, touching the death of (or a person unknown, as CORONERS, 97 the case may be,) and be you then and there to certify what you shall have done in the premises; and further, to do and execute what in behalf of said State shall be then and there enjoined upon you in the said county, this day of in the year of our Lord . Given under my hand and official signature. “A.B.” Coroner, B. C. Six jurors are sworn and empanneled. The act of 16th February, 1856, requires them to agree in order to return a verdict, OATH OF FOREMAN. You, as foreman of the inquest, shall diligently inquire and true presentments make, on behalf of the State of Georgia, how and in what manner (or a person de- ceased unknown, as the case'may be,) here lying dead, came to his death, and of such other matters relating to the same as shall be lawfully required of you according to evidence. @ OATH OF OTHER JURORS. Such oath (or affirmation) as the foreman of this inquest hath taken on his part, you and every of you shall well and truly observe and keep on your part. OATH OF WITNESS, You solemnly swear (or affirm) that the evidence which you shall give this inquest, on behalf of the State, touching: the death of “C. D.,” (or a person unknown, as the case is,) shall be the truth, the whole truth, and nothing but the truth. 98 LEGAL FORMS, INQUISITION OF MURDER. An inquisition taken this the “ first “ Bibb” Gait. day of May, 1850,” before “James Daly,” coroner in and for said county, “upon the view of the body” of “Charles Chance,” then and there lying dead at or near the house of “John Wil- liams,” in said county, upon the oaths of “ John Doe, Rich- ard Roe,” and others, who, being duly sworn according to law as jurors; and further, charged by said “James Daly” to inquire when, and how, and after what manner the said “ Charles Chance” aforesaid came to his death: Now we, the jurors aforesaid, do, upon our oaths, say that “ Benjamin Ryals,” late of said county aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the “twenty-third day of April” last past, with force and arms, at “ Bailey’s Mill,” in said county, on and upon the aforesaid “ Charles Chance,” then and there being in the peace of God and said State, felon- dously, voluntarily, and of his malice aforethought, made an assault, and then and there, with a certain “sword in a cane,” of the value of “five dollars,” which he the said “ Benjamin Ryals” then and there held in his right hand, did, in and upon the body of the said “ Charles Chance,” and“ near and immediatély above the navel, and upon the belly of him, the said Charles Chance,” violently, volunta- rily, feloniously, and with malice aforethought, struck and pierced, and gave thereby to the said “Charles Chance” one mortal wound of the breadth of one inch, and of the depth of six inches, of which said mortal wound the afore- said “ Charles Chance,” then and there, and on the day after said mortal wound was so as aforesaid inflicted on his body as aforesaid, did die ; and the jurors aforesaid, on their oaths aforesaid, do say that said “ Benjamin Ryals” did then and there as aforesaid kill and murder as aforesaid the said “ Charles Chance,” against the peace and dignity of said State. : In witness whereof, we, the jurors aforesaid, in presence ‘ CORONERS. 99 of the coroner aforesaid, have hereto set our hands and seals the day and year aforesaid. “JAMES DALY,” Coroner. “JOHN DOE,” Foreman. “RICHARD ROE,” « WILLIAM JONES,” é&e. t oe ACCESSORIES AND ACCOMPLICES, Tf the jury suspect from the evidence that there has been accessories to the crime, and wish to include them in thein- dictment, they should put in the following, commencing just before the attesting clause :— And the said jurors aforesaid do further, upon their oaths aforesaid, say that “Thomas Ryals and Allen May,” both of said first mentioned county and State, were feloniously pres- ent with “loaded pistols” at the time of the said felony and murder’ so as aforesaid committed by the said “ Benjamin Riyals” upon the body of the said “Charles Chance,” then and there comforting, aiding, and abeting the said “ Benja- min” to do and commit the same in manner as aforesaid, all of which is against the peace and dignity of said State. WHERE THE MURDERER IS UNKNOWN. (The same as before, only say) “ that a person unknown did, é&c.,” (and conclude thus) — And the said jurors aforesaid, upon their oaths aforesaid, do say that the said person aforesaid, to us unknown, after he had committed said murder and felony as aforesaid, did fly away and escape, against the peace and dignity of said State, de. 100 LEGAL FORMB. COMMITMENT. After such a finding as makes it necessary, the coroner should retain the accused in his possession, or order his ar- rest, and place him in the custody of the sheriff or his dep- uty, or of the jailor of the county, at the same time giving him authority to retain him, which should be in the follow- ing form :— GEORGIA, To “Ernest Spencer,” keeper of the Bibb” County. Common Jail in and for said county. Having held this day, in due form of law, an inquisition upon the body of “Charles Chance,” at the house of “ John Williams,” in said county, then and there found lying dead, and it appearing that said “Charles” came to his death suddenly and in an unusual manner, by a certain mortal wound, inflicted upon the body of him the said “ Charles Chance,” at or near the navel on the belly of him the said “Charles,” with a certain “sword in acane,” had, held, and used by one “ Benjamin Ryals,” of said county, of which said wound said “Charles Chance” afterwards, on the “ 24th ‘day of April last” languishing did die; and whereas the jurors assembled on the inquisition aforesaid do charge, ac- cuse, and indict the said “ Benjamin Ryals” of having in- flicted said mortal wound, voluntarily, feloniously, unlawfully, and of malice aforetbought, on the body of him the said ‘Charles Chance” aforesaid, and of having committed mur- der thereby. You are therefore commanded and required by virtue hereof to receive the said “ Benjamin Ryals,” in the custody of said jail, and him safely keep therein, until delivered therefrom by due course of law.. Witness my hand and seal this “1st day of May, 1850.” “JAMES DALY,” Coroner said County. CORONERS. 101, EVIDENCE, The brief of evidence should be taken down by the cor- oner, or any one appointed, as it is given in before the jury, in the words of the witnesses if possible. In the matter of “Charles Chance,” found dead, and in- quest held over his body by me, “James Daly,” coroner of “ Bibb” County, in the State of Georgia, this “Ist day of May, 1850,” at the house of “John Williams,” in said county, the following witnesses were sworn according to law, and on oath said, to wit, “ Abner Thomas” sworn says— -(Here give the material part of the evidence of witness, and.all others in like manner, making each witness sign his name to the testimony given in by him.) Taken and subscribed before me, coroner of said county, this “ Ist day of May, 1850,” and I do hereby certify that the above is a true brief of the evidence that was before the jury aforesaid. “JAMES DALY,” [z.s.] Coroner. RECOGNIZANCE OF WITNESS. (The bond is in the usual form payable to the Governor of the State, but with this condition)— The condition of this recognizance is such, that if the with- in bound “ A..B.,” shall personally appear before the Supe- rior Court, to be holden on the “2nd Monday in June” next, for the county of “Bibb,” then and there to give evidence in behalf of the State concerning the death of “Charles Chance,” and shall not thence depart unless by leave of the Court, then the above bond shall be void, else to remain in full force and effect. 102 LEGAL FORMS. DOWER. APPLICATION FOR DOWER, \. To the Honorable the Superior Court “ Bape Oeunty, _y of said county, 7 The petition of “Mary Low,” widow of “Gideon Low,” late of said county, deceased, showeth: that the said “Gideon Law” departed this life intestate, on the “first day of October last past,” and that “William Low” became his “administrator,” as is provided by Jaw; that at the time of his death her said husband was seized and possessed of his own right of “ three lots of Jand in the first district of the said county of Bibb, known and specified in the plan of said district as lots number one, two, and three :” that no provision was ever made, either before her marriage with the said “Gideon Low,” during their coverture, or since his death, to provide for your petitioner, in lieu of her right to dower in the lands, of which her said husband died ‘seized and possessed ; nor has she at any time prior, or sub- sequently to the death of her said husband, accepted any provision instead of said dower, or in any manner waived or relinquished her right to dower in said lands, but that she is fully entitled to dower in the said lands.. And your petitioner showeth, that notice has been given to the admin- istrator of the said “Gideon Low,” and to all other parties in interest, in terms of the law, of this application, wherefore petitioner prays the appointment of commissioners, to ad- measure her dower in said land in obedience to the pro- visions of the statute, and petitioner will ever pray, d&c. “PETER LOW, Pet's Ati’y.” “March Ist, 1852.” DOWER. 103 NOTICE OF APPLICATION. To “ William Low,” administrator of “Mie. Only. “ Gideon Low,” deceased. . You are hereby notified that at the next “ May ” term of the “Superior Court of said county,” I shall apply for the appointment of commissioners to enter upon, admeasure, and assign, so much of the land, of which. the said “Gideon Low” died seized and possessed in said county, as I am entitled to, for dower, under the laws’ of said State. “wane owe “ March Ist, 1852.” | APPOINTMENT OF © OMMISSIONERS. % -“ Bras Superior Court, May Term, 1852.” Upon hearing the petition of “ Mary Low” for the appoint- ment of commissioners to lay off and admeasure her dower, in the land of which her husband, “ Gideon Low,” died seized and possessed in said county: It is ordered that “ Thomas Evans, Edward Jones, Louis Way, Richard Sims, and George Shaw,” be appointed commissioners, to enter upon the lands of which the said ‘* Gideon Low ” died seized and possessed in “said county,” and to admeasure, lay off, and assign, the part or share thereof, to which by the laws of said State the said “ Mary Low ” is entitled. is 104 LEGAL FORMS. WRIT TO COMMISSIONERS. To “Thomas Evans, Edward Jones, “BIBS? Goutty. Louis Way, Richard Sims, and George Shaw,” freeholders of said county. Whereas, at the Superior Court held in said county, in “the month of May ” last, “ Mary Low ” filed her petition praying the appointment cf commissioners to enter upon, admeasure, and assign to the said “ Mary” such part of the lands of her late husband, “ Gideon Low,” as are situated in said county, as the law allows as her dower therein, and averring that her said husband died seized and possessed, as of his own ‘right, of lots number one, two, and three, in the first district of said county : You are, therefore, or a majority of you, required and authorized, first having given notice as prescribed by law, to enter upon said lands, and to lay off, admeasure, and assign the part or share thereof, to which the said “ Mary Low” is by the laws of this State entitled, including the tenements thereon, and having regard to the shape and valuation of said lands; and you are further directed and required to return your proceedings under this writ, to, . the next “Superior” Court to be held in and for the said county on the “ second Monday in November” next. Witness the JIon. “ A. P. P.,”? Judge of said Court, this the “1st day of June, 1852.” “HENRY M. LAW, CVk. OATH OF COMMISSIONERS ON THE BACK OF WARRANT. You and each of’you do solemnly swear that you will impartially execute GEORGIA, “ Bibb” County. ¢ the law to the best of your understand- ing. “THOMAS EVANS,” “EDWARD JONES,” “LOUIS WAY,” “RICHARD SIMS,” “GEORGE SHAW.” Sworn to and subscribed before me, this ‘4th day of June, 1852.” “JAMES TROTH, J. P.” a DOWER, 105 NOTICE OF THE ASSIGNMENT, ‘ To “ William Low,” administrator upon the estate of “ Gideon Low,” de- ceased. You will take notice that we, or a majority of us, will proceed on the “ thirtieth day of the present month,” by virtue of a commission to us directed, from the Superior Court of said county, to enter upon the lands of which the said “ Gideon Low” died seized and possessed, in said county, and to lay off, admeasure, and assign, the dower of “ Mary Low,” the widow of the said “ Gideon Low” therein. “THOS. EVANS,” “EDWD. JONES,” “LOUIS WAY,” “RICHARD SIMS,” “GEORGE SHAW.” GEORGIA, “Bibb” County. “9th day of June, 1852.” RETURN OF COMMISSIONERS, ®, To the Honorable the Superior Court “ Bin Chaat: of said county. — ; The commissioners appointed at the last term of the said court, for the purpose of ascertaining and assigning the dower of ‘“‘ Mary Low,” widow of “ Gideon Low,” deceased, in the lands of which the said “ Gideon Low” died seized and possessed in the said county, report, that after giving due and legal notice to the parties.‘inter- ested, they proceeded to assign said dower (having been first sworn according to law) on the “ thirtieth day of June last past;” that they employed “Mr. Edward Lines” as surveyor, to assist them; that they proceeded to survey said lots of land “ numbers one, two, and three, in the first district of said county ;” “that they found said lots to lie to- gether, and to form one body containing altogether six hun- dred acres of land, each of said lots-containing two hundred 6 é 106 LEGAL FORMS. acres; that the value of said lots is about the same, and they are entirely unimproved.” “They have admeasured, laid off, and assigned therefore, the whole of said lot, num- ber two, to the said ‘Mary, as her dower (the metes and bounds of which lot will more fully appear by reference to the plat hereto attached) being two hundred acres ;’ and that the commissioners were employed in this service “ two days.” : All of which is submitted. / “THOS. EDWARDS,” “EDWD. JONES,” “LOUIS WAY,” “RICHARD SIMS,” “GEORGE SHAW.” “ November Term, 1852.” JUDGMENT, Whereupon it is considered, ordered, and adjudged, by the court, that the return of the commissioners be made the order of this court, and be entered upon the minutes, as a final and conclusive judgment between the parties; and it is further ordered that the clerk of this court do issue writs of possession to the said “ Mary Low,” when called upon, for the purpose of carrying said judgment into effect; and that the said “ Mary Low” do pay to each of the commis- sioners making such admeasurement, the sum of “ five” dollars, and to “ Thomas Lines,” the surveyor employed by them, the sum of “ seven” dollars; and that the said “ Mary Low” do recover of “ William Low,” administrator of all and singular the-goods and chattels, rights and credits which were of “Gideon Low,” deceased, the sum of “$6 12,” the costs of the trial of “ two” issues in said case, to be levied on the goods, chattels, lands and tenements, rights and credits, which were of the said ‘‘ Gideon Low,” in the hands of said administrator, and the said administrator, in mercy, &e. “PETER LOW, Pet's Ati’y. “ November Term, 1852.” EVIDENCE. 107 WRIT OF POSSESSION, GEORGIA, In the Superior Court. i To the Sheriff of said county, greeting : “Mary Low,” widow of “Gideon Low,” late “of said county,” deceased, having recovered by judgment of said court, “lot of land number two, in first district, containing two hundred acres, (the metes and bounds of which will appear by reference to the annexed map of survey) as her dower, in the Jands of which her said husband died seized and possessed in said county of Bibb,” and said lot being om tae possession of the administrator of the said “ Gideon OW: We, therefore, command you, that you deliver forthwith to the said “ Mary Low,” the possession of the said premises, so recovered by her as her dower as aforesaid ;-and that you return your proceedings herein to the next “Superior Court” in said county, on the “second Monday in May next,” and have you then and there this writ. oe “ HENRY McLAWLESS, C?h, S.C.” EVIDENCE. Evidence is the effect, or rather the result, of legal testi- mony admitted to the jury upon the trial of a cause. Tes- timony is of two kinds—oral and. written. Oral testimony, or that which is derived from the mouth of the witness on the stand, does not enter into the design of this work. All persons, however, we would state, are competent wit- 108 ~ LEGAL FORMS. nesses in Georgia, who were so at common law. Besides this, the adverse party can be placed on the stand if a resi- dent of the county, or examined under a commission if not, and be made to testify. Subpcenas, generally, must be served five days before Court; for a party plaintiff or defendant, thirty days’ service is required. Interrogatories can be issued for witnesses out of the~ county, females, and parties plaintiff or defendant, under order of the Court; also for patroons, seamen, stage-drivers, mail-carriers, aged or infirm persons, persons going beyond seas, removing out of the county, or beyond the jurisdiction of the State, or whose official or other business will require their absence at the term of the Court when trial is to be had, and also for convicts in the penitentiary. Ten days’ notice of filing the interrogatories in the clerk’s office of the Court where suit is pending, is sufficient, and in cases of interrogatories for plaintiff or defendant, sixty days’ service before Court is required. It is usual for the opposite counsel to sign the following waver, which is placed on the back of the interrogatories :—‘‘ Service acknowledged copy : notice and further service waived, and consent that commis- sion issue in blank instanter, this the “ first of April, eighteen hundred and fifty-two.” Should the waver of notice, &e., be refused, it must be served on the opposite party, or his attorney. Should the cause be proceeding ex parte, notice posted in the clerk’s office is sufficient, a copy of the interrogatories to be attached to the notice in both cases. EVIDENCE. 109 NOTICE OF THE FILING OF INTERROGATORIES. To “ William-H. Boon,” or his attorney :— You are hereby notified that I have this day filed in the clerk’s office of the “Superior Court of Bibb county,” an or- iginal set of interrogatories, a copy of which is hereto attached, to be propounded to “Joseph Shaw,” a material witness for me in the case of “ assumpsit,” in my favor, against you in said “Superior” Court, and that, at the expiration of ten days, I will apply to the clerk of said Court for a commission to examine said witness according to the statute, this “ 1st of April, 1852.” ; JOHN DAY. NOTICE WHERE CAUSE PROCEEDS EX PARTE—TO BE POSTED IN CLERK’S OFFICE. To “ William H. Boon.” You are hereby notified that I have this day deposited with the clerk of the “Superior Court of Bibb county,” a copy of a set of interrogatories for “ Joseph Shaw,” a material witness for me in the action of “assumpsit,” in my favor, against you, pending in said “Superior” Court, and. that, at the expiration of ten days.from this date, a commission will issue to examine said witness according to the statute, this “Ist of April, 1852.” JOHN DAY. THE COMMISSION. To , GEORGIA, Bibb” County. R eau . sqs., Greeting :— You are hereby appointed commissioner, under the statutes of said State, to take the depositions of “Joseph Shaw,” a materia] witness for the “ plaintiff,” in an action of “ assump- 110 LEGAL FORMS. sit,” now pending in the “Superior” Court of said county, between “John Day and William H. Boon.” And you, or any two or more of you, are hereby authorized and required to have said witness personally to come betore you, and after being duly sworn, to examine him of and con- cerning said suit, agreeably to the accompanying interrog- atories; and that you-compel him to answer the same, and said answers be plainly and distinctly taken down in writing, and be closed up under your hands and seals, and be forwarded, to the said Court, to be held in and for said county, the “fourth Monday in May next,” together with this com- mission. : Witness, the Hon. “ Abner P. P.,” one of the Judges of the “Superior” Court of said State, and my official signature. This Ist of April, 1856. ; “H. GR,” Clerk. [1.s.] FORM OF INTERROGATORIES, Vs. . Court of the county of “WILLIAM H. BOON.” Bibb.” Original interrogatories to be propounded to ‘Joseph Shaw,” who is a material witness for the -“ plaintiff” in the above stated cause, who resides out of the said county of “ Bibb.” . Int’y 1st. Do you know the parties, or either, and if any, which of them ? _ 2d. (Here insert at full length, and with great par- ticularity, all questions which may be desired to be put to the witness.) ; Last. State all you know that will benefit the plain- tiff, as fully and particularly as if thereto specially inter- rogated. “JOHN DAY,” “Assumpsit in the Superior “JAMES SLOAN,” Pl'g’s Atty. The cross interrogatories are added by the opposite party on the same sheet, and are similar in-form. EVIDENCE, ii ANSWERS TO INTERROGATORIES. By virtue of a commission to us di- ine ety, rected, from the Superior Court of “Bibb” county, in said State, in the cause of “John Day,” plaintiff, against “ William H. Boon,” defendant, now pending in said. Court, we have caused “ Joseph Shaw,” the witness in said commission named, to appear before us; and after being sworn, true answers to make to the interrogatories to the said commission attached, the said witness answering, saith :— To the first'interrogatory he answers and says, “that he does know all parties in said cause.” hy To the second (Here give witness’ answers to each question with great fullness and particularity ; also, his answers to the cross interrogatories.) Below the answers conclude thus :— Sworn to, and subscribed before us, in the county of Lee aforesaid, this the “ Ist day of May, 1852.” “JOSEPH SHAW.” “OUARLES LOW,” [xs.] Com’r. “ JOSEPH LOW,” [1.8.] Com’r. The names of the commission should then be inserted in the blank space, left in the commission for that pur- pose. The answers should then be enveloped in a cover, together with the commission and interrogatories, The case should then be stated on the outside of the envelope. Each commissioner should write his name, with a seal attached, across the seal of the package, and ,the packet directed to the clerk of the Superior Court, or of the Inferior Court, whicliever the cause is pending in. If the packet is to be sent by mail, it should be handed to the post-master at the point whence it is to be sent, by one of the commissioners ; 112 LEGAL FORMS, — and the post-master should enter on the envelope this re- ceipt :—“ Starkville, May 1st, 1852.”—Received of Charles Low, one of the commissioners, the within packet, to be sent by due course of mail. “JAMES DYE, P. i.” Or a commissioner may carry the packet in person, and de- liver it to the Court whence it issued, or, if desired, may deliver it to a third party to be so carried, who cannot, however, deliver it to any other. These directions should be very strictly followed, or the answers to the interrogato- rics will be set aside for informality in the execution. FORM OF PETITION BY AFFIDAVIT AGAINST DEFAULTING WIINESS UNDER COMMISSION. Before me, “ George Truth,” a Justice ie poe eee of the “Inferior Court,” in and for said county, came in person “John Day,” who, after being duly sworn, deposes and says:—That a certain commission to examine one “Joseph Gray” as a wit- ness for the “ plaintiff,” in an action of “ assumpsit” now pending in “Superior” Court of “Bibb” county, in favor of “ deponent,” against “ Charles May ;” issued from the “ Su- perior” Court of said county of “ Bibb,” directed to “Josiah Jones and Edward Small;” that the said commissioners summoned before them in said county the said “Joseph Gray,” for the purpose of examiving him according to the interrogatories, to the said commission attached; but that the said “Joseph Gray” absolutely refuses to appear before said commissioners, or to answer the said interrogatories, according to law. “JOHN DAY.” Sworn to and subscribed before me, this “1st May, 1852.” “GEORGE TRUTH, J. 2. 0.” EVIDENCE, 113 FORM OF ORDER. To all and singular the Sheriffs, Con- wag Coutiy stables, and Coroners of said State, Greeting :— It appearing to me by the affidavit of “John Day,” that “Joseph Gray,” the witness in a certain commission issued from the “Superior” Court of the county of “Bibb,” in a cause there pending in favor of said “John Day,” against ‘“Charles May,” has been summoned by the. commissioners in said county of “ Lee” to appear before them, for the pur-. pose of answering such interrogatories as were attached to said commission ; and it further appearing that said ‘‘Joseph Gray” neglects and refuses to answer such interrogatories :— These are, therefore, to command you to arrest the body of the said “Joseph Gray,” and to bring him before me at the Court-house in said county, on to-morrow,.the 2d instant, at 11 o'clock, that he may be dealt with according to law. Given under my hand 4nd official signature this the “ Ist day of May, 1852.” ; “GEORGE TRUTH, J. fT. 0. L. AFFIDAVIT WHERE WITNESS REFUSES TO ANSWER INTER- ROGATORIES FROM ANOTHER SfATE. GEORGIA “Bibb ” County. Court,” in and for said county, came in person “Charles Day,” who being duly: sworn deposes and says, that “ Robert Roe,” of said county, is a material witness “for the plaintiff in an action on the case” against “John Doe,” now depending in the “ Circuit Court” of the “county of Mobile” and “State of Alabama ;” that a commission was legally issued from the said “ Circuit” Court, authorizing and requiring the said “ Robert Roe” to be examined by interrogatories thereto attached, that such commission was issued on the application of deponent, who -is the plaintiff in said case, auc: thal the said “ Robert Roe,” 6 Before me, a “Justice of the Inferior 114 LEGAL FORMS. upon being required to appear and testify under said com- thission, has absolutely refused so to do. “CHARLES DAY.” Sworn to and subscribed before me, this “1st day of June, 1852." “CHARLES SNOW, J. I. C. B.C” “Bibb Cenaty. To “Robert Roe,” Greeting :— You are hereby required to be and appear, laying all other business aside, at the “ Court-house” in said county “at 11 o’clock, A.M., Thursday, the 5th day of June instant,” then and there to answer certain interrogatories to you directed, under a commission legally issuing out of the clerk’s office of the “Circuit Court of the county of Mobile and State of Alabama,” in an action “on the case” there pending, in which “Charles Day is plaintiff, and John Doe” defendant. Herein fail not, under penalty of the Jaw. Witness, the Hon. “ Charles Snow, Justice of the Inferior” Court of said county, this ‘‘ 1st day of June, 1852.” “ELI, OS. 0” The subpcena is served on the witness, and returned with entry to the commissioners. If the witness refuses to appear and answer, the subpoena is returned to the Court whence it issued by the commissioners, with an indorsement to that effect, and the party is then liable to the same punishment as if the commission were from a Court in this State. The affidavit may be made by a commissioner. No person can act as commissioner to take interrogatories, who is connected with a party by blood or interest-—for in- stance, relatives, counsel, or the clerks or students of counsel. EVIDENCE. 115 SUBPENA DUCES TECUM. GEORGIA, To “Joseph Jones,” of the county of “Bibb” County. Houston. You are hereby commanded that, laying all other business ide, you be and appear at the “Superior” Court, to be ald in and for said county of “ Bibb, on the second Monday next November,” and to bring with you and produce in id Court, “a warranty deed of conveyance made by John aaw to Joshua Snow, dated Ist June, 1830, for lot of land unber one, in square two of the city of Macon and said vunty,” which it is necessary for the plaintiff to use in an ition of “ejectment,” now pending in said county, in favor * “Joshua Snow,” against “James Low,” for the recovery of said lot of land.” Herein fail not, under penalty of ie law. Witness, the Hon. “ A. P.,” Judge of said court, this the Ist day of July, 1852.” ; “HG. RB, Clerk.” AFFIDAVIT OF WITNESS. GEORGIA, “Macon ” County, and for said county, came “Joseph Jones,” who, being duly sworn, deposes 1d says :—That a “deed of conveyance of lot of land num- xr one, in square two of the city of Macon, and county of . ibb,” made by “John Shaw” to “Joshua Snow,” and de- ribed in a subpoena duces tecum, issued to deponent from ie “Superior” Court of said county of “Bibb,” in an ejectment” there pending in favor of “ Joshua Snow,” yainst “James Low;” is not, nor was, at the time of the vice of said subpaena duces tecum, within the possession ‘ the power, custody or control of the deponent. “JOS. JONES.” rorn to and subscribed before me, this ‘10th day of July, 1852.” “ROB. SHAW, J, P.” Before me, a Justice of the Peace in 116 LEGAL FORMS. DISCOVERY AT COMMON LAW—FORM OF AFFIDAVIT. Before me, “ Abner P. P.,” Judge of “Bibb” County. the “Superior” Courts of the “ Macon” Circuit, came “Edgar Wall,” who, upon being duly sworn, deposes and says:—That the answers of “Roger Booth,” defendant, in an action of “debt” now pending in the “Superior” Court of said county, in favor of deponent, against said “Roger Booth,” to the interrogatories in said cause now presented, will be material evidence for the plain- tiff in said cause. 7 “EDGAR WALL.” Sworn to and subscribed before me, this “Ist day of July, 1852.” “JAMES TROTH, J. P.” FORM OF ORDER, In Cuampers, “10th July, 1852.” Interrogatories having been presented ope oaty. on behalf of the “plaintiff,” in an action of “ debt” now pending in the Superior Court of said county, directed to the “defendaat, Roger Booth ;” and it further appearing by the affidavit of the said “plaintiff, Edgar Wall,” that the answers to the said inter- rogatories will be material evidence in said cause, and by inspection of the interrogatories themselves that the same are pertinent, and such as the said “defendant Booth” would be bound to answer upon a bill of discovery in a Court of Chancery, it is ordered that said interrogatories be allowed, and that the said “defendant” do answer the same in solemn form, on his oath or affirmation, within sixty days after being served with a notice, and a copy of said interrogatories, and of this order, and that the answer of such defendant be evi- dence in said cause, as is provided by law. RAE BSC i GP The inte:rogatories in such cases do not vary from tho > in ordinary form, excepting that the caption should recite that they are to compel discovery by virtue of the statute. EVIDENCE. : 117 ATTESTATION OF RECORDS Of the Court of another State, or of the Courts of Georgia, to be used in any other State. To the copy of the matter desired, the following certificate must be attached :— I, “ Henry G. Ross,” clerk of the “Su- perior” Court of the “county and State aforesaid,” do hereby certify that the within and preceding “ three pages” contain a full, true, com- plete, and exact record of the proccedinys in a cause of re- cord, in the office of said Court, in favor of “ Charles Law,” against “ Joseph Wood,” in an action of “debt.” Given under my hand and the seal of said Court, this “10th day of June, 1852.” “H. G. ROSS, Clerk.” [1.s.] GEORGIA, “Bibb ” County. I, “ Abner P. P.,” Judge of the “Su- “Babb aunty. perior” Court of said county, do certify that “Henry G. Ross,” whose name appears signed to the above attestation, is, and was, at the time of signing the same, the Clerk of said Superior Court, and, as such, was the proper person to make such attesta- tion, and that such attestation is in due form. “ABNER P. P., J. S. CO, B. 0” “Tn Cuampers, June 11th, 1852.” ATTESTATION OF PAPERS NOT JUDICIAL RECORDS. I, “Henry G. Ross, Clerk of the. “ Bibb" Gounty. spe Court” of said county of ‘ “ Bibb,” do hereby certify that the above “two sheets” contain an accurate transcript from “ the buoks of the Records of Deeds” in said county, in my office of which I am the keeper—of a deed there recorded made 118 - LEGAL FORMS. by “Joseph Low” to “ Henry May,” for lot number “one in the first district of the said county of Bibb.” Given under my hand and seal of said office, this “ Ist day of June, 1852.” Signed, “ H. G. ROSS,” CVE. 5. C. I, “ Abner P. Powers, Judge of the “ Babb Coun. Superior Court of said county,” do here- by certify that the within certificate is in due form, and that “ Henry G. Ross,” whose name is sigtfed thereto, is the clerk of said Court, and ez officio keeper of the “ books for the Record of Deeds,” aud is the proper per- son to make the,said certificate. “ ABNER P. POWERS,” ae de. “In Cuampers, Ist June, 1852.” : I, “Tlenry G. Ross,” Clerk of the “ Shy Gautty. “Superior” Court of said county, do hereby certify that the aforesaid “ Abner P. Powers,” whose signature is attached to the above cer- tificate, is the presiding Judge of the “Superior” Court of said county, and duly commissioned and qualitied as such. Given under my hand and seal, the “first day of June, 1852.” HENRY G. ROSS, CPA. de. The certificate of the proper form of the clerk’s attesta- tion and of his competency to give it, may be given by the Governor, Secretary of State, or Chancellor, under the great sel, and in such cases the last form, which often in Georgia involves a manifest absurdity, is avoided, EVIDENCE, 119 NOTICE TO PRODUCE BOOKS OR PAPERS. vs. Court. To the “ plaintiti,” “CHARLES SMALL.” or his attorney. You are hereby notified to produce, at the next term of said Court, and fronr term to term of said Court, until the said cause is finally tried and disposed of, to be used on behalf of the “defendant” in the trial of said cause, the “books of account” in which “were kept the accounts of Sour mercantile business from the year ‘1846 to 1851)’ whether in day-books, cash-books, ledgers, journals, or any other books whatsoever, in which your accounts were kept within said dates.” In default thereof, the defendant will proceed as provided by law. ~ “ABEL STRANGE, Def’s At?y.” “ April 10th, 1852.” “JOHN DAY,” ton in “Bibb” Superior Notice of this sort must be served if the party resides in the county ten days; if out of said county and not less than one hundred miles distant, fifteen days: if over one hundred and less than two hundred miles, twenty days ; if two hundred miles or more, or beyond the limits of the State, sixty days. FORM OF AFFIDAVIT OF TRADESMAN, OR OTHER PARTY SERVED - WITH NOTICE, TO PRODUCE HIS BOOKS OF ACCOUNT. oupeie Before me came “ Louis Law,” who, “Bibb” County. after being duly sworn, deposes and says: that the transcript herewith trans--+ mitted from his books of account contain all his actings and dealings with “ Charles Sims,” of the county of “ Pike,” and said State, and that the same is a fair and perfect transcript from his books of account, of all his actings and dealings with said “ Charles Sims ;” that “ deponent,” as “ plaintiff” in an action of “ assumpsit,” now pending in the “Superior” Court of said county of “ Pike” against said “‘ Charles Sims,’” has received a notice from said “Charles Sims” requiring 120 LEGAL FORMS. him to produge, at the trial of said cause, “his books of ac- count,” and that the deponent cannot produce the books so required, without suffering a material injury in his trade. “LOUIS LAW.” Sworn to and subscribed before me, this “ 10th day of July, 1852.” “JAMES TRUTH, J. P.” AFFIDAVIT OF PARTY GIVING THE NOTICE, THAT THE TRANSCRIPT IS DEFICIENT. Before me came “ Charles Sims,” who, “ Teer naly: on being duly sworn, deposes and says : that he is the “defendant” in an “action” of “assumpsit,” now pending in the “ Superior” Court of said county, at the suit of one “ Louis Law,” against “ deponent:’’ that he has served upon the said ‘t Louis Law” a notice requiring him to produce his books of account at the trial of said cause, to be used as evidence by deponent ; that the said “ Louis Law” has transmitted to said court a transcript of his said books of account, in reply to said no- tice ; and that deponent verily believes that the said books of account of the said “ Louis Law,” contain entries material to him, which do not appear in said transcript. “CHARLES SIMS.” . Sworn to and subscribed before me, “this 20th day of August, 1852.” “LEVI MAY, J. P.” COMMISSION TO PERSONS TO EXAMINE THE BOOKS, To “Joseph Jones, William Smith, dpe Goaly, and Hugh Shaw.” In the “ Superior” Court of said county. Whereas, there is a certain action of ‘assumpsit,” now pending in said court, between “ Louis Law,” of the county of “ Bibb,” plaintiff, and “Charles Sims,” of said county of “ Pike,” defendant: And, whereas, the said “ plaintiff” has been notified by the said “defendant” to produce his books of account at the trial of said cause, and in reply EVIDENCE, 121 thereto, has transmitted to said court a transcript from his said book of acccunts: And, whereas, the said “ defendant” has filed his «affidavit, alleging that said transcript does not contain certain entries from said books, which are material to him: These are, therefore, to command you to cause the said “ Louis Law.” (he having first sworn that the books produced to you are all that he has, that answer the descrip- tion in the notice) to produce all the books required by said notice, to examine said books, and to transmit to the said court a fair statement of the accounts between the parties. Witness the Hon. “J. H.S.,” Judge of said court, this “92d day of August, 1852.” ‘ “ JOSEPH JONES, CP.” AFFIDAVIT OF THE PLAINTIFF. ‘Before me, a “‘ Justice of the Peace,” « Bith County. in and for said county, came in person “Louis Law,” who, after being duly sworn, deposes and says: that the books this day produced by him before the commissioners appointed for the purpose of examining them, are all the books which deponent has, that answer to the description in the notice to produce his books of accounts, served on deponent, at the instance of “Charles Sins,” in an action of “assumpsit,” now pending in the “ Superior Court” of the county of “ Pike,” and said State, in which “deponent” is “ plaintiff,” and the said “ Charles Sims” defendant. “LOUIS LAW.” Sworn to and subscribed before me, this “ 15th day of September, 1852.” “JAMES TRUTH, J. P.” In the return of the commissioners, the commission and the above affidavit should be sealed up with the full tran- script, from the books, of every item between the parties, and the packet should be returned through the same chan- 122 LEGAL FORMS. nel, and with the same formalties as are provided in case of interrogatories. FORM OF CAPTION. State of Georgia, “ Bibb” County. - “LOUIS LAW,” “ Assumpsit” in “ Pike” “Supe- vs. SS 7 “ OHARLES SIMS.” Bee eae By virtue of a commission, to us directed, from the “ Su- perior” Court of said county of “ Pike,” we have this day, “ the fifteenth day of September, eighteen hundred and fifty- two,” caused “ Lewis Law” to produce before us his books of account; and the said ‘* Louis Law” having. made affida- vit that the books so produced before us are all that he has that answer to the description contained in the notice served upon him in said cause, and having examined the said books, we hereby inclose and transmit the full, fair, and complete transcript, hereto attached, of every item in said books, re- lating to, or containing the accounts of the said “Charles Sims,” with the said “ Louis Law.” [Here follows the Transcript.] NON-PAYMENT OF WITNESS’ FEES. A witness attending Court under a subpoena in any cause may exhibit his account on the last day of his attendance to the clerk, and after being examined and signed by the clerk it has the force of an execution against the party summoning him, and may be levied by the Sheriff. EXECUTORS AND ADMINISTRATORS. 123 EXECUTORS AND ADMINISTRATORS. FORM OF THE OATH OF AN ADMINISTRATOR. I do solemrily swear that “John Day,” deceased, died without any will, so far as I know, or believe, and that I will well and truly administer on all and singular the goods and chattels, rights and credits, of the said deceased, and - pay all his just debts, as far as the same will extend, and the law requires me; and that I will make a true and per- fect inventory of all and singular the goods and chattels, rights and credits, and a just return thereof, when thereunto required. So help me God. FORM OF AN ADMINISTRATOR'S BOND. Know all men by these presents, that we, “ James Day,” and “ William Boon,” security, are held and firmly bound unto the “ Ordinary of the said county of Pibb,” and his successors in office, in the sum of “ ten thousand dollars,” for the payment of which we bind ourselves, our heirs, executors, and admin- istrators, firmly by these presents: signed, sealed, and dated, this “ Ist day of May, 1852.” The condition of the above bond is such, that if the above bound “James Day,” administrator of the goods, chattels, and credits of “John Day,” deceased, do make a trae and perfect inventory of all and singular the goods, chattels, and credits of the said deceased, which shall, or have come to the hands, possession, or knowledge of the said “James Day,” or into the hands or possession of any other person or persons for him; and the same so made, do ex- hibit to the Superior Court of the county, or to said Ordi- nary, when he shall be thereunto required, and such goods, GEORGIA, “Bibb ” County, 124 LEGAL FORMS. chattels, and credits, do well and truly administer, according to Jaw, and do make a just and true account of his actings and doings thereon, when required by the Superior Court, or Ordinary of said county; and all the rest of the goods, chattles, and credits which shall be found remaining upon the account of the said administration, the same being first allowed by the said Ordinary, shall deliver and pay to such persons, respectively, as are entitled to the same by law; and if it shall hereafter appear that any last will and testament was made by the said deceased, and the same be proved before the Ordinary, and the executors obtain a certificate of the probate thereof, and the said “James Day” do in such case, if required, render and deliver up said letters of admin- istration ; then this obligation to be void, else to remain in full force. “JAMES DAY,” [xs.] “WM. BOON,” [xs.] Signed, sealed, and acknowledged in open Court, “Pp. T., Ordinary, Bibb county.” FORM OF OATH OF ADMINISTRATOR, WITH THE WILL ANNEXED, I do solemnly swear that this writing contains the true last will of the within named “John May,” deceased, so far as I know or believe, and that I will well and truly execute the same, by paying first the debts, and then the legacies contained in the said will, so far as his goods and chattels will thereunto extend, and the law charge me, and that I will make 4 true and perfect inventory of all such goods and chattels ; so help me God. “JOHN WAY.” Sworn to before me, “this the 20th day of May, 1852.” “P, T., Ordinary, Bibb county.” EXECUTORS AND ADMINISTRATORS, 125 FORM OF BOND OF ADMINISTRATOR, WITH WILL ANNEXED. GEORGIA, “Bibb” County. we, “John Way,” and “James Day,” security, are held and firmly bound unto he “ Ordinary of the county of Bibb,” and his successors in fice, in the full sum of “one thousand dollars,” for the pay- nent of which we bind ourselves, our heirs, executors, and idministrators, by these presents: signed, sealed, and dated his “10th day of May, 1852.” The condition of this obligation is such, that if the above ound “John Way,” administrator, with the will annexed, f the goods, chattels, and credits of “‘ John May,” deceased, lo make, or cause to be made, a true and perfect inventory fall and singular the goods, chattels, and credits of said leceased, which have, or shall come to the hands, or posses- ion, or knowledge of the said “John Way,” or into the pos- ession of any other person for him; and the same so made, o exhibit to the Superior Court of said county, or to the )rdinary thereof, at such time as he shall be thereunto re- \uired by the said Court, or Ordinary ; and the same goods, hattels, and credits, do well and truly administer, according 9 law, and make a just and true account of his actings and oings, when by law required; and further, do well and ‘uly pay and deliver all the legacies contained and specified 1 said will, as far as the said goods, chattels, and credits all extend, or the law require; then this obligation to’ be oid, else to remain in full force. “JOHN WAY,” [1s. “JAMES DAY,” | gned, sealed, and acknowledged in open Court, “P. T., Ordinary, Bibb county.” t Know all men by these presents, that FORM OF BOND OF TEMPORARY ADMINISTRATOR. nee Know all men by these presents, that atop we, “John Daly,” and “ Chas. Thomp- cui. ; n,” security, are held and firmly bound ».the “ Ordinary. ah aid. county of Bibb,” and his successors \ 126 LEGAL FORMS. in office, in the just and full sum of “two thousand” dollars, for the payment of which we bind ourselves, our heirs, ex- ecutors, and administrators, firmly by these presents : signed, sealed, and dated, this ‘‘ 1st day of June, 1852.” The condition of this bond is, that if the said “John Daly” temporary administrator of the goods, chattels, and credits of “Joseph Daly,” deceased, shall collect and take care of the goods, chattels, and credits of said deceased; shall make a true and perfect inventory of such goods, chattels, and cred- its; and the same, together with said goods, chattels, and credits, shall deliver at such time, and to such person as may be required or directed by the said Ordinary of said Court ; then this bond shall be void, else to remain of full force. “JOHN DALY,” L.s.] “CHAS. THOMPSON,” ted Signed, sealed, and acknowledged in open Court, “P. T., Ordinary, Bibb county.” NOTICE OF APPLICATION FOR LETTERS, app oeanty. To all whom it may concern :— Whereas, “John May” has applied to me for letters of administration on the estate of “James May,” late of said county, deceased : These are, therefore, to cite and admonish all parties in- terested, whether kindred or creditors, to show cause, if any they have, within the time prescribed by law, why letters should not be granted to said applicant. Witness my hand, this “ May Ist, 1852.” “P.T., Ordinary, Bibb county.” FORM OF LETTERS OF ADMINISTRATION, “Babb Oounty, By the Ordinary of said county :— Whereas, “James May,” of said county, died intestate, EXECUTORS AND ADMINISTRATORS. 127 having had, while living, and leaving at the time of his death, within said county, goods, chattels, and credits, which it is uecessary should be well and truly administered, and legally disposed of: And, whereas, “John May” has, ap- plied to me for letters of administration on the estate of the said “James May,” and has given the public notice required by law of such application, and bas taken the oath required by statute, and given sufficient bond and security for the discharge of his said duties as administrator: I have, there- fore, by virtue of the power to me confided by law, consti- tuted and appointed the said “John May” administrator on ° the goods, rights, and credits of the said “James May ;” and do hereby grant him full power to administer upon the said goods, rights, and credits of the said ‘‘ James May,” and after reducing the same into his possession, to pay the debts of said intestate, and the balance to pay over to his legal dis- tributees, according to law. Witness my hand and official seal, this “1st day of June, 1852.” “P, T., Ordinary,” [1.s.] Appraisement of an estate must take place within sixty days after the qualification of executor or administrator, and an inventory filed within three months. Notice of application for letters of administration must be given, by publication, thirty days before the setting of the Court at which the application is to be made. Orders for sale of negroes require the publication of a notice for two months. Citation for dismission must be published six months. Notice for two months is required for application for leave to sell land, in public gazette. Forty days’ notice is required for sale of real estate, to be published in gazette. Where rule nisi is granted against executor or adminis- 128 LEGAL FORMS, trator, and personal service cannot be effected, the copy may be left at his notorious place of abode. In case the party has removed out of the jurisdiction, a publication in news- paper nearest his former residence, once a week for three weeks, is sufficient. The sale of slaves is to be advertised by publication, and at the door of the Court-house, forty days. Twenty days’ notice is required of motion to deliver prop- erty to non-resident guardian. Sales of personalty, other than slaves, must be published for at least ten days. Notice of application to make distribution must be given to all the parties, if in this State, twenty days beforehand; if residing out of the State, twice a month for four months, by publication. FORM OF OATH OF APPRAISERS. You, “A. B.,” “C.D.” “E, BF,” do “Boh Oouuty. swear that you will make a just and true appraisement of all and singular the goods and chattels (ready money only excepted) of “ G. HL,” deceased, as shall be produced by “J. K.,” the executor (or administrator) of the estate of the said “G. H.,.” deceased, and that you will return the same, certified unJer your hand, unto the said “J. K.,” executor, (or administrator,) within the time prescribed by law. “A.B.” “C.D.” “kK. BF Sworn to before me, this ‘10th day of May, 1852.” “JAMES TRUSTY, J. P.” EXECUTORS AND- ADMINISTRATORS. 129 APPOINTMENT OF APPRAISERS, “ Bobb Orunky. Office of the Ordinary of said County, It is ordered that “ A. B.,” “C. D.,” and “E. F.,” shall be ippointed appraisers of the estate of “G. H.,” deceased,-and iter taking the oath, that they do proceed to appraise said state, and to return such appraisement under their hands w the time prescribed by law. . Moen “P. T., Ordinary, Bibb County.” “March 11th, 1852.” : ° FORM OF PETITION TO MAKE TITLES UNDER INTESTATE’S BOND, GEORGIA, | ~ To the Honorable the Ordinary of | “Bibb” County. said County. The petition of “John May ” respectfully showeth: that yn the “10th day of May, eighteen hundred and fifty- iwo,” “ John Day ” signed, sealed, and delivered, to your peti- iioner, a bond or obligation, a copy of which is hereto at- ached, whereby he bound himself, under a certain penalty sherein inserted, to make to your petitioner, his heirs or assigns, good and sufficient fee simple titles to “lot number one, in, the third district of said county,” upon the payment of a“ certain promissory note given to said John Day by your petitioner,” in said bond fully described, and which. was due on “ the first day of January last past: Your ‘petitioner further ‘shows to your Honor, that subsequent to the date of yaid bond, the said “ John Day ” departed this life intestate, and that “James Daly,” of said county, has obtained letters of administration on the goods, chattels, and credits, of said * John Day,” in the Court of the Ordinary of said county ; and that your petitioner has been, and is now ready, to pay to the said administrator the amount of his said promissory note; and prays your Honor to direct the said “James Daly” to make to your petitioner titles for.the-said “lot ”.of 7 130 “ LEGAL FORMS, land, according to the tenor and effect of said bond. And your peti:ioner will ever pray, &e. - : “PETER LOW, Ati’y for JOHN MAY.” Insert a copy of the bond.” This copy should be exact, and it is made necessary by statute to, attach. it to the peti- tion. FORM OF NOTICE UNDER THE ABOVE PETITION. we appre, Ordinary’s Office of said County. It appearing by the above petition, and copy of the bond _ thereto attached, that the said petitioner is ‘entitled to the relief which he prays: It is ordered that notice of such application, and a copy of said petition, and the bond attached thereto, be published according to law, and that if no objection be filed within the time prescribed by statute, the prayer of the petitioner will be granted, and an order ‘allowed him, directing the said administrator to make titles, as prayed for. A true-extract from the minutes this ‘11th day of May, 1852.” “P. T., Ordinary, Bibb County.” This notice to be published three months. FORM OF ORDER ‘DIRECTING TITLES TO BE MADE. GEORGIA, Ordinary’s Office, seBibh SOouniy: “ October 10th, 1852.” ‘Upon hearing the petition of “John May,” and the copy bond thereto attached, and upon inspection of the original bond, and it appearing to the Court that notice of the said application has been regularly given, according to law, and. that no objéctions have-been made to the order prayed for ; ; “oe EXECUTORS AND ADMINISTRATORS. . 181 and farther that the entire amount of the note in said bond has been paid off: It is, therefore, ordered, that the said “James Daly,” ad- ministrator on the estate of the said “ John Day,” be directed to make, execute, and deliver, unto the said “ John May,’ his heirs or assigns, good assurance of title to said “lot of land, number one, in the third district of said county,” ac- cording to. the tenor, effect, and stipulations, of said bond ; and that the said “ James Daly ” have a full acquittance of said bond entered thereon, and deposit the same, with his other vouchers, in this office. = “P. T,,” Ordinary, “B. 0.” PETITION OF SECURITY FOR A DISCHARGE FROM THE BOND OF ADMINISTRATOR, EXECUTOR, OR GUARDJAN. GEORGIA, To the Honorable the Ordinary of said “Bibb” County. county. The petition of “J: oseph Jones” showeth: that he is the security of “ John Gray ” on an ‘administration bond, made by said “ Gray” on “ the first day of March last past, ” for the faithful discharge of his duties as administrator of “ Thomas Gray,” late of said county, deceased: That at the time of signing said bond, your petitioner entertained no doubt whatever of the entire honesty and integrity of the said “John Gray ;” but that the said “John Gray,” since the making of such bond, has mismanaged, and is now mis- managing the estate of the said “ Thomas Gray,” in such manner as will, not only compel your petitioner to pay’ heavy amounts on said bond, but will also be of great injury to the heirs and distributees of the estate of the said “ Thomas Gray.” Your petitioner therefore prays, that the said “John Gray ” be notified, according to law, to appear and show cause why your petitioner should not -be discharged from his securityship on said bond, and the said “John Gray” give new security, or his administration be revoked: And your pefitioner will pray, &e. “JOSEPH JONES.” 132 ; LEGAL FORMS. FORM OF ORDER GIVING NOTIOE. “ Bibb” County. Court of Ordinary, “June Term, 1852.” It is ordered, upon hearing the petition of “ Joseph Jones,” praying that he be discharged from his securityship on the bond of “ John Gray,” as administrator of “ Thomas Gray,” deceased, on account of mismanagement of said estate, by said “ John Gray ;” that the said “ John Gray ” show cause at the next term of said court, if any he have, why said “ Joseph Jones,” his security in said administration bond, should not be discharged from his said securityship, and new security given, or his administration revoked,as to said court shall seem expedient. A true éxtract from the minutes, “ J une 2d, 1852.” : Ps T., 2 Ordinary, “B.C”. FORM OF ORDER IN THE ABOVE CAUSE. \ GEORGIA, In the Court of Ordinary of ‘said “Bibb” County. county. It appearing to the Court that “ Joseph Jones,” of said county, filed his petition alledging that he is the security_of “John Gray,” on an administration bond, made by the said “ John Gray,” as administrator on the estate of “Thomas Gray,” late of said county, deceased; and that the said “John Gray,” was, and is, mismanaging ‘the estate of the said “Thomas Gray,” and praying to be discharged from his securityship on said bond ; and it further appearing to the court that a rule nisi was granted at the last term of this court, calling on the said “John Gray” to show cause, at the next term, why the prayer should not be granted, and no cause having been shown to the contrary: It is, therefore, ordered, that the said “ Joseph Jones ” be relieved from the securityship upon the said bond of “ John EXECUTORS AND ADMINISTRATORS. 183 Gray,” as administrator, as aforesaid; and that the said “John Gray” do proceed to give good and sufficient security as administrator on the said bond. “PT,” Ordinary, “B.C.” ° FORM ON PETITION OF LEGATEE WHERE EXECUTOR WASTES THE ESTATE. GEORGIA, To the Hon. the Ordinary of said “Bibb” County. “county. The petition of “John George” shows that “he is the residuary legatee” under the will of “James Henry,” late of said county, deceased ; that said will has been admitted to probate in the Court of the Ordinary of said county, and that “Robert Henry ” has been duly qualified as executor under the same; that the said “ Robert Henry” is insolvent and -mismanages such estate, and that the said estate is likely to be wasted by the improper conduct of the said “Robert Henry” as executor thereof; wherefore, your pe- titioner prays that the said “Robert Henry ” be compelled to give seeurity, or be dismissed from the executorship, as is provided by law. . 5 : ; “ JOHN GEORGE.” “ May Ist, 1852.” The form of the order nisi and absolute is the same as where new security is prayed of administrator as above. On failure to give new bond by ‘executor, letters de bonis non are given to the person entitled, as if no executor had ever been qualified. = _ = 3 It is competent for the Ordinary to investigate charges of. danger to any estate, from insufficient security, misconduet,: or insolveiicy, and to take ‘such order for better securing it as may be thought fit. In all-such cases, the. above forms for rulés nisi and absolute will apply. 184 LEGAL FORMS, FORM OF APPOINTMENT OF THE DIVISORS OF AN ESTATE. + GEORGIA, - In the Ordinary Court, “‘ May “Bibb” County. Term, 1852.” “John May,” administrator on the estate of “James May,” having petitioned for the appointment of persons to distribute the estate of said “James May.” among the distributes :. and having given the notice required by law in such cases, it is ordered that “A. B.,” “O. D.,” and “E. F.,” freeholders of said county, be and they are hereby appointed divisors of said estate, and that they do proceed to distribute the same among the distributees entitled thereto, according to law. A true extract from the minutes of said court the “10th day of May, 1852.” “PT.” Ordinary, “B. 0.” OATH OF DIVISOR. You do solemnly swear that you will 4 Bibb Geunty. well and truly make distribution of the ae estate of the late “James May,” de- ceased, among the distributees of said estate, agreeable to justice and equity, without favor or affection to any of the parties, to the best of your skill and understanding—so help you God. CERTIFICATE OF DIVISION ON THE BACK OF COMMISSION. I do hereby certify that “A. B.,” “CO. D.,” and “E. F.,” - divisors appointed to distribute the estate of “James May,” deceased, were duly sworn to the’ performance of that duty. Given under my hand and official signature the “15th day of May, 1852.” “JAMES TRUTH, J. P., B.C.” : EXECUTORS AND ADMINISTRATORS. 135 PETITION FOR LETTERS DISMISSORY. EORGIA, To the Hon. the Ordinary of said “Bibb” County. county. The petition of “ John-May,” administrator on the estate of “James May,” showeth that he bas well and truly ad- _ ministered upon all the estate, real’ and personal, of the said .““ James May” which have come to his. bands, as will be shown by the examination of his vouchers, and lias faith- fully discharged all duties imposed upon him by said ad- ministration. -He, therefore, prays to be dismissed from the administration of said estate. . : “JOHN MAY.” “lat day of February, 1852.” CITATION. ’ “Bibb County, Ordinary's Office of said County. “John May,” administrator on the estate of “James May,” having petitioned to be discharged from said administation: All persons who are concerned are required, within the time fixed by law, to show cause, if any they have, why the said “John May” should not be discharged according to the prayer of his petition. bi Given under my hand and ‘seal of office this “Ist day of February, 1852.” “Pp, T.,” Ordinary, ete. FORM OF LETTERS DISMISSORY. GEORGIA, By the Honorable the Ordinary of “Bibb” County. said County. ‘To all to whom these presents shall come greeting : It appearing to the Ordinary that “ John May,” adminis- 136 “UFO. UR@AL FORMS, trator of the goods, chattels, and credits of “ James May,” deceased, has well and truly administered upon all the estate, both real and personal, the goods, chattels, and credits, which have come to his hands, belonging.to said estate, as is shown by his vouchers, lodged in this office; and has, in discharging the duties of such administration, acted faithfully and honestly: And citation having issued in terms of the law, calling on those interested to file exceptions, if any they had, why the said “John May” should not be dismissed on such administration, and no objection having been ed: “4 I do, therefore, hereby discharge and dismiss the said “John May” from such administration, both himself, and his securities, from any further or future liability on account thereof. Given under my hand and seal this “10th day of August, 1852.” ; “Pp. T.,” Ordinary. ORDER TO SELL SLAVES—NOTICE. | Sa To William May. “Bibb” County. Yow will take notice that I shall apply at the next term of the Court of his Honor, the Ordinary, for leave to sell a ‘ “negro, man, Tom,” the property of the estate of “James May,” deceased, of which you are the distributee, for the pur- pose of a division. : “JOHN MAY,” Adm’r. “March 10th, 1852.” NOTICE IN GAZETTE. Two months after date, application “Bubb” County. '- } will be made to the Honorable, the Or- dinary of said county, for leave to sell a “negro man named Tom,” the property of the estate of EXECUTORS AND ADMINISTRATORS. 187 “James May,” deceased, for the purpose of division amongst the distributees of said estate. ia ) “JOHN MAY,” Adm’r. “ January Ist, 1852.” ORDER OF SALE. Covrr or THE Orprnary or “ Bres Country.” a ’ “May 5th, 1852.” “ John May,” administrator of “James May,” deceased, having applied for leave to sell a “negro man, named Tom,” the property of said estate ; and having notified the persons in interest, as required by law, and also having published notice of such application two months, as is required by law, and it being made fully and plainly to appear that such sale will be for the benefit of the heirs and. creditors of such estate: : It is ordered that the said “John May,” administrator as aforesaid, have leave to sell said “negro Tom,” at public outery, before the court-house door of said county, and be- tween the usual legal hours of sale, first having advertised said sale according to law. “Pp. T.,” Ordinary, “B. 0.” The same forms will answer for the sale of lands. NOTICE OF APPLICATION FOR DISTRIBUTORS. To “ Wm. May,” a distributee of the apn Oounky, estate of “James May,” deceased, re- siding in this State. You will take notice that I shall apply at the Court of his Honor, the Ordinary of said county, “in May next,” for the appointment of fit and proper persons as distributors of said estate. “JOHN MAY,” Adm’r. “ April 10th, 1852.” * ~ 188 LEGAL FORMS. REFUNDING BOND. Know all men by these presents, that “Sie Gontty. we, “William May,” and “ Edwin Snow,” security, are held and firmly bound unto “ John May,” administrator upon the estate of “James May,” deceased, in the sum of “two thousand” dollars, for the payment of which well and truly to be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “10th day of September, 1852.” . The condition of the above. bond is such, that whereas the said “John May,” administrator as aforesaid, has pro- ceeded to divide the entire estate of the said “ James May,” among the distributees, and the said “ William May,” hav- ing received his distributive share, valued at “ one thousand dollars,” being one-fifth thereof; Now, if the said “ Wil- liam May” shall well and truly pay his proportionable share . of any debt which may be hereafter established against the said “ John May,” as administrator on the estate of the said “‘ James May,” deceased, and his proportionable share of the costs attending the recovery of said debt, then the obligation to be void, else of full force. “WM. MAY,” LS. “EDWIN SNOW,” [us.]* Tested by “JAMES TRUTH, J. P.” - ’ FEES. 189 FEES. It is the duty of every public officer to receipt for his fees. Charging over the fee allowed by law, is punishable by four-fold forfeiture. | Charging fees where noue are allowed, is punished by dismission of officer. It is also enjoined on every officer to hang upin ‘his office a, list of fees. The fees of jurors are in many counties regulated by special acts. It is not, of course, within the scope of this work to give these local provisions. By act assented to ‘December 22d, 1857, the ne ture enacted a new fee bill, governing Ordinaries, Sheriffs, Clerks of the Superior and Inferior Courts, Justices of the Peace, and Constables. As to others, the fees then charged are unchanged, and we give the new fee-bill as it was passed by the Legislature. . : The act does not apply to those counties where there are special acts, “so-as to reduce the fees of such officers in any case.” It would seem from the language of this proviso, that if the fees were increased by this act over those allowed by the special acts referred to, that then it would be of force even in such counties as had special acts, OF COUNTY SURVEYOR. Surveying town lot and returning certificate........... $1 25 “ land under 100 acres........s00+ casei oie iste 8 57g “ each 100 acres after the first ......asssee0e 665 140. LEGAL FORMS. Making a plat, advertising the same, dc .......eeee008 Entering a caveat, advertising, OG aes caso steven rece’ eos Attending the trial of the same. seven eee eneeees . Each postponement, to be paid by ee postponing. Recording judgment and giving certified eopy.. Entering appeal and giving certified copy..... esevecee Resurvey of lands by order of Court—first 100 acres.... Every 100 acres after the first.......... a gietciala ete For making and certifying plat of same......... s+ses POWDER RECEIVER. Every barrel, of 100 pounds weight, received at magazine and delivered out, to be paid by owner.......eseeeee And in proportion for any other quantity. CLERKS OF INFERIOR OOURT. For each appeal to the Superior Court. ..ercccccccees On every estray horse, mule, or ass, for every legal ser- vice required.....cseeeeses eecees Ceseaas ew eee es On every bull, ox, or cow, for all service required...... On every goat, hog, or Sheep... .eecssseesecceneee es For retailer’s bond ........ eaceees aacereecs eeeseee . For retailer’s license.........cesecaeevenee ree ‘ For copying and administering oath to retailer ...... os For registration of free persons of color, every legal re- quirement included......... sade orm seiseeaiceeweree . For each pedler’s license.......0e-eeeeeeee eee eeeee And for any other service performed the same fees ag al- * Jowed to the clerks of the Superior Court. 1 25 1 874 93g 624 624 25 51g 66 25 87} 00 2 00 _ 25 30 60 60. 80 00 25 FEES. CLERK SUPERIOR COURT (crva CASES.) For every suit commenced Hheréin i if settled by the par- ties in vacation ...........5. hin ens 'o fa wrarei eescces eee If settled at Court, anil recording same on minutes..... For every writ, where there are more than one defendant, after the first copy ... eine oo a efatie wiasatdiainie-0ie aves scouts For every auit commenced and prosecuted to judgment, including service for recording petition, process, and judgment ....... SiBidye bie arevsisioye Bien eseierdew es Sa aawas For every subpona ticket... .......cseeccencccs overs For writ of partition of land.......... sSidiehia’de’s sates For recording proceedings in civil cases, per 100 words.. For every exemplification, per 100 words.......+se000% For recording articles of partnership, under the law regu- Jating limited partnerships.......e00. sie eee aerate sie For recording proceedings in change of names....+..06 For furnishing and certifying any bill, process, or order, &c., in equity, for publication ,.......ceccesccesees For recording notice of carpenter’s and mason’s lien..... In trials of nuisance... ,cpeecccessccnpencoreserecs For rule vs, garnishee......... aie eisiretastleese hisve Sia roerate's For issuing commission to examine witness,......++.+. For recording deeds......... ee ceenes en eceeee cocsene For recording any instrument of writing not specified, per 100 words .......000 een e cece cer ecccesscceacons For every foreclosure of any mortgage, and recording proceedings 65... ...-cee cece rece ceenn ase Seceees For every inquiry of titles respecting property id on by sheriffs, and claimed by a third person.......... . For every affidavit to hold to bail..... cet eneeeacecees For recording and copying proceedings in chancery, and bills of exceptions, and Secnrerip to the Supreme ‘Court, per 100 words... ....ccecesccces iia acarerasnaiees For recording remittitur, order, and judgment of the Su-_ 100 ‘preme Court‘on the minutes, each. :ii..eeseseceeees! 141 1 90 3 75 60 5 60 15 8 15 12 10. .6 00 1 00 1 00 1 00 8 75 1 00 1 00 60 12 1 26 1 25 60 12 142 LEGAL FORMS, For issuing fi. fa. or ca. 50, CCL... ..eeevereceesoevees For certificate and seal.......scecscscecsencceccsece- FEES IN CRIMINAL OASES. For all bills of indictment, if settled by the parties or nol-prossed, including service for docketing and record- ing on the minutes, and all other service.....,....000 For every bill of indictment, when the defendant is ar- _raigned, tried, and found guilty, including all service. . For transcribing record and evidence in State cases, per 100 Words... .ccsccercrcsccnrccccuccrenerscesens PHYSICIANS AND SURGEONS. Post mortem examination of individual slain by external violence, where dissection is required.......sseesee For the same, where no dissection is “required, and the body has not been interred......ccccccceeerceveces For the same, after interment........ccscccserccercee For the same, where analysis is required, besides expen- ses Of analysis... ....cceceucoccnsccncascsseerese These fees are paid by the County Treasurer. = SOLICITOR-GENERAL. Every writ of scizt factas....ccccscccccccsevscccecece Information or sci. fa., to forfeit the charter of a bank or COFPOrAatiOn... ce recersserecceesvcccsncscseserens Drawing capias against person indicted or presented by Grand Jury .scccccccccevcccceccecceceevsccccess Drawing capias against defaulting juror ......0.+.000+ Drawing indictment vesleetseSounensamuineaawassey Entering nolle prosequt ..ssssscsscscceccevvecccsees Attendance at Judges’ Chambers, to take the affidavit of Person in criminal CASES... ccesserccercsccccecucers 65 60 4 00 6 00 12 10 00 20 00 30 00 50 00 5 00 100 00 25 50 1 00 “124 1 00 FEES. Drawing an affidavit, or other instrument in writing, per copy sheet......-00. vec cenesceee weareetresenens Subpoona .....ccececececeree coserecccaccsencse ee Retaining fee against persona indicted.........2eseeee In criminal causes-in Supreme Court, where punishment is less than penitentiary confinement............++ oe In such cases where punishment is confinement i in peni- GENtHALY.....aececoracerccceencsencccccs ee receeee Capital cases i in nasid Court ..ccecesecesseeveceseeer: SHERIFFS (IN CIVIL CASES.) For serving a copy of a process, and returning original. . If sent from another county ..... distawlerd syiheid Sita Sei If more than one defendant, for each additional copy BErved ooo scencccncvecsccucseccces ager eseie seeeeeee For summoning each witness. ......scessesececceeess For summoning jury, and attending trial to assess dam- ages for right of Ways... Bisa eiaereveuner ats For services in every case in mpecial j jury.. eereerrrr es Return of nulla bond.e cic cccsaececencccasescscceeess Conducting a debtor under confinement before a Judge or Court...... salen ea sinha Sigal aware debac es ae For serving rule vs. garnishee. ae aides suid malonate wa If more than one, for each additional copy.......s.ee. For summoning jury to try case of nuisance....... eens For removing nuisance, such fees as the Court may deem reasonable; on all sums, when the execution does not exceed $50, and under, 5 per cent on the amount of fi. fa.; on all sums above $50, and the execution does not exceed $500, 2} per cent; all sums where the execu- tion exceeds $500, 1¢ per cent, and that no commission shall be charged when the property is not actually sold, For making out and executing titles to land..... ...ece If written by the purchaser... apie iwie sieleiaernsewiete soineuie Making out and siguing bill of sale of other property. ee 148 6z 25 8 00 ~ 16 00 80 00 50 00 t 2:00 2 00 60 60 5 00 1 25 2 00 1 00 2 00 60 3°00 8 50 1 00 1 25 144 LEGAL FORMS. Provided that no fee shall be allowed only for one bill of sale, when the same will be sufficient: to convey the property to one person or joint purchasers, unless the purchaser or ‘purchasers shall choose more than one. For taking Dail bonds. .....secceeseccencereeceeeces Forthcoming bonds...... aiuieisig eisie wie eis salehiveieleces . In the issues on application of insolvent debtors for ser- vices not in term time....... teceee sone ween seccees For exécuting process, dispossessing tenant, holding under plea of rent...... Gresess's oes suena es Slnbeeea seas For settling executions, if property levied on, and money paid, before sale ......eceeeesceseeecnenees seenee For keeping a horse, mare, mule, or ox, per day wanes Each head of neat cattle per day......scecseseceoecs Sheep, goats, or hogs, per day........ oe eccensccqecse SHERIFFS (IN CRIMINAL CASE.) - For recommitting any prisoner when habeas corpus is brought to his relief .......20 coe cecesseeneevee. On every copy of mittimus....1..e00000: eee ecccesece For every mile a prisoner may be removed under habeas COTPUS. ceacvsccrvosevesee pence eewee coeenneeees Removing a prisoner by habeas Sorpus, where no mileage is paid, per ddy.......eeeeeee siaretewies aes ee we ee Attending a person taken by warrant to the Judge’s Chambers inswsedssdaneakivss sce ventes saaens For conducting a prisoner before a Judge or Court to and from jail. ......eeeeeees pe encccccceee ct eeeeeenee For executing a warrant of escape......secce.cenvces: For executing and returning a bench: Bane swligeaaenees For apprehending a person suspected, if committed or held to bail......eesee eens sinew sinwio-e ss obtelewisig a For each person (not exceeding two) who may be em- ployed to guard a prisoner to jail, per day wc eceeeeee For executing'a criminal....... eee eee Sosaters Foi whipping, cropping, or branding a criminal eoceracs ry 00 25 an 1 25 25 25 2 00 1 00 1 26 1 00 1 25 1 25 1 50 10 00 5 00 FEES. CONSTABLE, For serving a warrant, summons, or attachment.......+ For each additional copy of summons, warrant, or attach- MEN. cece cet eeeeenencsccecsceeseseeeeeeeees For summoning every wanipate coashinnere ts enue For each cause tried by a Justice or jury......cs00s008 For attending each trial i ina Justice’s Court... ......266 For summoning a jury .......eseececescsccecnceees For levying a ca. sa. or fi. fa., and advertising .......... For settling a fi. fa. when property is not sold. .......6 For return of nulla bond... .csscecece sencecerecuece For carrying a negro under execution to-and from jail, per MINE isc asicit oo Sagres gietera bea ioies’s aig eTdeeeacen ele nde For attending Superior Court, per i shee neernenscece For summoning jury on inquest.........escesceereese For collecting execution issued by Coroner ...-....0008 For keeping a horse, mule, ass, or ox, per day a arece“ararovers For each head of neat cattle ...... eaves ieeets saws For sheep, goats, or hogs, per day .......eseeeeeeenee On all sales made by him, 6} per cent on amount sold. For attending a Grand Jury, per day........+.esseeee For attending a Grand J a for each bill found, to be paid by delinquent .......s.ceceeecuccceecevenees For serving a warrant in criminal cases........se.ee0+ For keeping and saan a cues before SaareiteLODy not exceeding 24 hours... .. cece eeceeeceeceenoees | For whipping a negro by sentence of Court..........005 For conveying prisoner to jail, per mile. .......eeeees JUSTICES OF PEACE. For each case tried by. said Justice. .....seeeeeeeeeaee For a warrant or SUMMONS 22.0... .e see eee seer ees For affidavit to obtain an attachment, or to hold to bail, and taking the bond......esseseensssevcccacsovces 145 35 30 30 80 36 15 35 30 "80 1 00 1 00 15 25 1 00 80 1 25 15 1 60 35 35 46. 146 LEGAL FORMS. For entering'a judgment....:..-.ssssceseeeceecees ee For each execution, ca. sa., or attachment .....6e+0+ee0' For drawing jury, and making out list. fesee cas emacian'e For each cause tried by said jury s....sesseeveseeeees For affidavit to obtain a possessory warrant, and making Gut the same.,.....eeee reece ee en cen eceneeenceess For trying the same ............56- sie shinee: For making out interrogatories, and certifying the same. For making out recognizance, and returning the same to Court oc cece cece es woes nceceseceneactsnecesens For each sdbprersh for WIEDESS... 2. sseeeeeeeereceees For each affidavit where there is no cause pending...... For every writ of certiorari to the Superior Court...... For taking exarnination of a person charged with crimi- pal OMeNse csanGwowmee ss wanemeneaeweh He ove 3 3 Se For examining each witness in a criminal case...... - oe For making out a commitment......... aes teeeemenes ORDINARIES, Receiving application and granting citation,.......++.- Taking and recording administrators’ or guardians’ bond. Issuing letters of administration or letters thafamentary.: Recording the sam€.......ceceececesccenceevcseoees FO’ Copy. asus vewtsinseeiaiee abennesesahosees bea sies Signing warrant of appraisement .........se+e-eeeeees For receiving an appraisement, sale bill, and recording the came, if under $500.......csceeccececcesccess If above $500 and under $2,000......seesee0 cece If above $2,000 and under $10,000........ecseeecees If above $10,000 and under $20,000... ...seeeseeveees -If above $20,000 and under $50,000....ceeecvsencecce If above $50,000... cheats Sieg ave alavayslanieldieavanehadheioieie averer Receiving application and granting letters dismissory, inline BOLVICE vada dorsin siete tele wise e's) eia'dia aisles melee oss nae Granting citation to show cause why administration should not be set aside or repealed.........cueseesereeeee se 85 85 80 80 1b 60 25. 35 15 80 60 50 30 85 25 00 1 50 wee Hee 59 50 50 00 25 50 "5 00 50 00 00 _ FEES, 4 147. Entering a caveat against, administration being granted, or WALL PrOveti ej s-osse sista. ase haces eidinse Mimeseieii-g's bie. wre bese 1 25 For each copy of cavedt......cceccesecceccssavccees 50 For every marriage license ........sseeeecceseeeeess 1 60 Every order for sale of land, negroes, or otlier property. _ 50 For each copy of the same ......0-.ceeeeeeeeeeoeees 26 Issuing letters of guardianship eee ere eee eee 1.00 For recording the same . sete n eee ne eneeenencettees ~ 60 For rule nisi, in each case......sssssceeuseeseeeeeees 50 BOW CONF ic s4sis enien nln vsinenip aaa einaeaGn ed swe 26 Issuing process against a persons for not making returns, 50 For each additional copy ......cccecseceescccecnveee 25 For each subpoona.......ceceseeceesecceceeeeeesece 15 Examining and recording, returns on all estates not worth more than $2,000. ....cccsceccccscosccccsrecsreee 1 00 All estates worth more than $2,000 and not more than "SHI. js orreianet vee eieameees ae All estates worth more than $5,600 and not more than $10,000. .ciacnaunaaenmenac Mavewees siadeeeeeen 1 40 All estates worth more than $10,000........ccceceeee 1 60. Recording all vouchers accompanying returns of adminis- tratore, executors, and guardians, per 100 words....... 12 Recording any instrument of writing not mentioned, per 100 WOrdS 06... cece eee e ence eect eee nett caeeenes 12. Copy of any instrument of writing not mentioned, per 100 Words. siasesina'sis geste tienes dawn Cripind wea singers 10 Proceedings to authorize titles to be made to lands of de- ceased persons, to be paid out of the estate: of the de- CORSO sos fo ais sraverasesa sie. 0. 6A hue ecdidca wsaitis inn PB: Rta ee 5 00 Commiasion to freeholders to divide estates... ..sseeees 1 25 For each certificate and seal....:...cccceeseseeeeeees 60 - Entering an appeal and transmitting the proceedings to . the: Superior Court walise gay ohh bahece Sch. be: ditaane-esaiarecoresonele 1 50 Where no fees are » provided. ‘by law, the Ordinary, is en- titled to charge the same for his services as the clerk of the’ Superior Court. te 4 t 148 ‘ LEGAL FORMS. CORONERS, ‘Summoning an inquest on dead body, and attending it... 12 50 For providing a coffin, and other expenses... .eesee++ 375 In other cases, same as Sheriff. , JURORS’ AND WITNESSES’ FEES. To the petit jury for each cause tried ........seeeeee- 8 00 To special jury, ditto ....... se SerselaeGe weiss copeeens “ 8 00 To each witness per day, for his or her attendance, coming and returning, allowing 30 miles per day (not allowing for more than three Witnesses) .......e.eeceneeecee "5 For witnesses in criminal causes, attending from out of the COUNLY.. 2 eee r ccc ccecancnccenecssens of sje scales vee 200. In many counties, jurors’ fees are by local acts made $1 per diem. For these, reference is had to the acts. Witnesses, in Justices’ Court, are entitled to 75 cents per day if they go out of their district, otherwise nothing. The jury in Justices’ Court are entitled to 31} cents for each case brought before them. JAILORS. Receiving prisoner or deblihieacnsueynes 4 aidielerareree eres 60 Turning the key or discharging the prisoner by virtue of habeas corpus, by order of the Court, Judge, or Justice 60 Dieting a white person per day, allowing 2 lbs. of bread, 14 Ibs. of beef, 1 1b. of pork or 4 Ib. of bacon, with sufficiency of coffee, water, dC ......cececeeeseeees 50 ‘Dieting negro criminal per day, allowing one quart of cooked rice or 14 lbs, bread, and 4 Ib. bacon or 14 lbs, beef, with sufficiency of water .......eseeeeeeeeees 30 Dieting runaway negro per day, allowing 1 Ib. corn bread, 1 1b, pork or 4 Ib. bacon, with sufficiency of water.... 30 Dieting a person confined for debt per day, allowing a sufficiency of wholesome provisions, coffee, water, dic.. 50 FORCIBLE ENTRY AND DETAINER 149 Turning key on commitment of any prisoner . ou actawoee 60 Whipping runaway negro ..... aang: slersieiateie’ se ce ee eee 1 00 [But not allowed to give runaway negro more than thirty- , nine lashes at any one whipping, and not allowed to whip more than twice without the consent of the owner. ] NOTARY PUBLIC. Every protest and oath, not exceeding sixteen copy sheeta of ninety MORE detane a eee Bees pncesies ss foie lei 2 00 Administering an oath in any other case.,... w.eceeees 25 For each attendance on any person to procure saris as Notary Public, and certifying the same. ceee BO Noting 2 protest ......0e.ceerens ceca ee ec eee sees 1 00 Certificate ....... ies uence pees eineteie see wewes 25 Registering a protest, per copy sheet..........e.ece0s 6}: Copy of protest, per copy sheet.......ceeecvecenceees 6t oa FORCIBLE ENTRY AND DETAINER. FORM OF AFFIDAVIT. Before me, a Justice of the Peace in “Bibb” County. {1s for the “564th district, G. M., of the said county,” and State, came in person “John Law,” who, on oath, deposes and says: that he is the owner of “a lot of Jand lying i in the city of Macon, said county and State, known in the plan of ‘said.city as lot number two, in square four;” that he was lately in the legal, quiet, and . peaceable possession of said “lot of land,” but that one “ George Evans,” of said county, on the “ first day of this present month,” took possession of said “ lot of land” violently, with menaces, force, and arms, and. without _ authority of law, and said “lot of land” violently keeps f pos- séssion of, with menaces, force, and arms, and without 150 LEGAL FORMS. authority of law, contrary to the laws of said State, the good order, peace, and dignity thereof. _ “JOHN LAW.” Sworn to and subseribed before me,” me s loth day of May, 1852.” - “JAMES TRUTH, J. FORM OF SUMMONS TO DEFENDANT. “Bie Gonity. To “ George Evans” of said county. “ John Law,” having “ this day” made affidavit before me, that on the “first day of May instant,” being in the quiet, legal, and peaceable possession of “ lot ‘of land number two, in square four, in the city of Macon,” said county and State, of which said “lot of land” the said “John Law” is the owner, you violently took possession of said “lot of land” with menaces, force, and arms, without authority of law, and that you keep possession of said “Jot of land” violently, with menaces, force, and arms, without authority of law: You are, therefore, hereby required to be and appear at the usual place of holding Justices’ Courts, in and for the “564th” district, G. M., in said county of “ Bibb,” on the “*twentieth day of this present month,” then and ‘there to defend the charge alledged against you, of forcible entry and detainer of and in said “Jot of land.” Given under my hand and seal this “10th day of May, 1852.” “JAMES TRUTH, J. P.,” 564th District, G. M, The defendant in forcible entry, forcible detainer, or forci- ble entry. and detainer, when a non-resident, must give bond and security for all cost and damages which may be -re- covered against him. On failure to give this bond the jury must award posses- sion of the premises in dispute to the plaintiff. FOROIBLE ENTRY AND DRTAINER, 151 BOND OF NON RESIDENT DEFENDANT. Know all men by these presents, that “Bie Conny. we, “George . Evans,” principal, and : “Jacob Evans,” security, are held and firmly bound unto “John Law,” inthe sum of “one thousand” dollars, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, and administrators, firmly by these presents:-signéd, sealed, and dated, this “ 20th day of February, 1854.” The condition of the above bond is, that whereas the said “John Law” did on the “29th day of February, 1854,” take out a possessory warrant against said “ George Evans,” for “lot of land lying in the city of Macon, said county and State, kwown.in the plan thereof as lot number two, in square number four,” and alledging in his affidavit that this deponent has disposessed him of said. lot- by violence, and | whereas, this defendant denies the truth of said affidavit and, defends the wrong and injury, ete., and claims the said lot in his own right: Now, if the said “ George Evans” shall | well and truly pay to the, said “John Law” the damages which may be recovered against him for said “ forcible entry and detainer ” and all cost incurred therein, then the above bond to be void, else to remain in full force and effect. — “GEORGE EVANS,” [xs] |, “JACOB EVANS,” eet Tested and approved by “JAMES TRUTH, J.P.” ar “PRECEPT FOR THE JURY. 2 — By “James Truth,” Justice of SO oa ‘the Peace in and for the “ 564th- o? iS , district, G. M.” ae . To “James Ward,” Constable of said district. ' You are hereby commanded to summon “ James West, Hugh Connor, Levi Snow,” etc, to be and appear before: me, in the “ city of Macon,” in said couagy, at “ ten o’clock in the forenoon,” at the usual place of holding Justices’ Courts in and for said district, on “ the twéntieth day of this present month,” then and there to be empahneled as a jury, to try and determine the facts of a forcible entry and detainer, 152 - LEGAL FORMS. alledged by “Jchn Law” to have been committed on the premises of said “ John Law” by “ George Evans” of said county, and have you then'and there this writ. Given under my hand this “ 10th day of May, 1852.” “JAMES TRUTH, J. P.” FORM OF OATH OF JUROR. You shall well and truly inquire whether “ George Evans” has made any forcible eutry into the lands and tenements of “John Law,” and him ejected therefrom, or forcibly detains the lands and tenements of the said “John Law;” and a true verdict give, according to the facts, as they may appear to you in evidence—so help you God. FORM OF JUDGMENT. Whereupon it is considered, ordered, and adjudged, by the court, that the plaintiff, the said “John Law,” do re- cover of the said defendant, ‘‘ George Evans,” the full pos- session of said “ lot of land, number two, in square four of the city of Macon,” and the sum of » dollars and cents, for his costs in this behalf, and the defendant in mercy, ete. “JAMES TRUTH, J. P.” “May 20th, 1852.” FORM OF WRIT OF POSSESSION. | By “James Truth,” a Justice of the “Tbh aunty. Peace in and for the “564th district, G. M.” To the Sheriff of said county, greeting: Whereas, upon the trial of a writ of forcible entry and detainer, issued upon the prayer of one “ John Law,” against “George Evans,” held in said district, the said “George Evans” was convicted of forcibly entering upon “lot number two, in square four of the city of Macon,” and said county, and the same forcibly detained from the said “John Law ;” and judgment having been entered in favor of the said “John Law,” for the recovery of the premises: _ These are, therefore, to command you to enter upon said FREE PERSONS OF COLOR. 153 “lot of land, number. two, in square four, in said city of Macon,” and possession of the same deliver to the said “John Law,” as provided by the judgment. aforesaid; and also, that you make of the property of the said “George Evans,” the sum of dollars and _ cents, for his costs in this behalf expended, and return your proceedings herein at the Justices’ Court, to be held in and for said district; on the “second Saturday in June next:” and have you then and there this writ. y Given under my hand “this 20th day of May, 1852.” “JAMES TRUTH, J. P.” - FREE PERSONS OF COLOR. ——— FORM OF PROCEEDINGS (WHERE A FREE PERSON OF COLOR CLAIMS TO BE FREE—FORM OF AFFIDAVIT, ee Before me came in person “John “Bibb” County, { Shaw,” a free white person, who, after 5 : being duly sworn, deposes and ‘says; that he has good reason to believe, and does believe, that a colored man, named or called “Henry Smith,” is free, and is fraudulently and illegally held in slavery by one “ Joseph Low,” of said county ; and that deponent intends ingtituting proceedings for the recovery of his freedom, as the prochein ami of the said “ Henry Smith.” : ot “JOHN SHAW.” Sworn to and subscribed before me; “this Ist day of June, 1852." _ “ GEORGE TRUTH, J. I. 0.” rae “2 8 ra 154 LEGAL FORMS. WARRANT, - © Bae ae : a ” @EORGIA, To the Sheriff, or any lawful aifteay /Bibb” County. of said County. ’ ‘Whereas, ‘John Shaw,” a free white person, has this day ‘tae affidavit, under the provisions of the statute, that he _ has good reason to believe, and does believe, that a “ negro man, named Henry Smith,” is fraudulently and illegally held in slavery by one “J oseph Low:” You are, therefore, hereby commanded and requested to arrest the said “negro, Henry-Smith,” as well as the said “Joseph Low,” and bring them before me, that justice may be done in the. premises. Given under my hand and official signature “this the “ day of June, 1852. v “ GEORGE TRUTH, TL, a” : BOND OF PROCHEIN AMI, heeh all men by these presents, that spin” County, “John Shaw,” and “Levi North,” aeenrity, are held and firmly bound unto “ Joseph Low,” of said county, his’ beirs, executors, and ad- ministrators, in the sum of “one thousand dollars,” for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated this-“1st day of June, 1852.” The condition of this bond is, that whereas, the above bound “ John Shaw” has this day made affidavit before me that a “negro, commonly called Henry Smith,” is fraud- uléntly and illegally held in slavery by the said “Josep Low ;” and, whereas, a warrant has this day issued upon the: said vaffidavit, as is provided by law: Now, if the said “John Shaw” shall pay all damages which may be sustained by the owner of said “Henry. Smith,” in. suing out.the same, as well as all costs that may accrue thereon, in the event it shall appear, on the trial of the same, that eg and s soar FREE PERSONS OF COLOR, 155 Smith” is not entitled to his freedom, and is a “slave,” then this bond to be void, else of full force. == “JOHN SHAW,” [ius. “LEVI NORTH,” [us. Tested by “GEORGE TRUTH, J. I. 0.” FORM OF BOND OF THE PARTY HAVING POSSESSION, IF THE JUSTICE IS SATISFIED THAT THERE IS PROBABLE GROUND TO BELIEVE THE NEGRO FREE. GEORGIA, “Bibb” County, | ¢ We, “ Joseph Low,” and “ Thos, Low,” security, are held and firmly bound unto “John Shaw,” his heirs, executors, and administrators, in the sum of “one thousand dollars,” for the true payment of. which we bind ourselves, our heirs, executors, and adminis- trators, firmly by these presents: signed, sealed, and dated this “15th day of June, 1852.” | : : The condition of this bond is such, that whereas, the said “John” bas filed his affidavit before “George Truth,” a Jus- tice of the Inferior Court, in and for said county, alledging that a “negro man,,called Henry Smith,” was illegally and fraudulently held in slavery by .the above named ‘“ Joseph Low,” upon which the said“‘George Truth” issued his war- rant, as provided by law: And, whereas, the said “Joseph - Low,” and the said “Henry Smith,” have been brought be- fore the said “George Truth,” under said warrant, and, upon examination, the said “ George Truth,” being satisfied that there is probable ground to believe that the said “ Henry Smith” is illegally and fraudulently held in a state of slavery by the said “Joseph Low:” Now, if the said “Joseph Low” shall deliver said “Henry Smith,” and shall comply with the final order and.decree, to be had in such cases, to be instituted agreeable to the provisions of the act, for the trial of the said claim of said boy for freedom under the said act; and further, shall not remove said negro, “ Heary Smith,” beyond the limits of said State; Know all men by these presents, that 156 LEGAL FORMS. then this bond to be void, else to remain in full force and effect. fs “JOS. LOW,” fu] “THOS. LOW,” [s. : Tested by : “ GEO. TRUTH. J. Z. 0.” FORM OF BOND OF “PROCHEIN AMI,” WHEN NEGRO IS DE- LIVERED TO HIM. : Know all men by these presents, that “Beeb” County. we, “John Shaw,” and “ Aaron Shaw,” _) security, are held and firmly bound unto “Joseph Low,” of said county, his heirs, executors, and ad- ministrators, in the sum of “two thousand dollars,” for the payment of which we bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated this “ 15th day, of June, 1852.” : The condition of this bond is such, that whereas, the above . bound “John Shaw” has filed his affidavit, as prochein ami of “ Henry Smith,” a “person of color,” charging that the said “Henry Smith” was fraudulently and illegally held in slavery by the said “Joseph Low ;” upon which the Justice of the Inferior Court, before whom said affidavit was taken, issued his warrant, according to law ; and, upon examination, being satisfied that there was probable ground to believe that said “Henry Smith” was fraudulently and illegally held in slavery by said “Joseph Low,” required the said “Joseph ~Low” to give bond and security, as required by law; and the said “Joseph Low” having failed to enter into such bond, has directed possession of said “ Henry Smith” to be deliv- ered to the said “John Shaw:”~ Now, if the said “John Shaw” shall deliver said negro, ‘“ Henry Smith,” to the said “ Joseph Low,” and shall pay the value of the use and hire of said negro, provided it shall appear, on the trial of said suit, that said negro, “ Henry Smith,” is a slave, and not held in slavery illegally, and shall not remove, or attempt to remove, said “ Henry Smith” from the limits of said county FREE PERSONS OF COLOR. 157 and State, then this bond to be void, else of full force and effect. = “JOHN SHAW,”. [us “ AARON SHAW,” [ne Tested by “GEO. TRUTH, J. J. 0.” CERTIFICATE OF JUSTICE OF THE INFERIOR COURT. “Tinh aly, person of color, claiming to be illegally - held in slavery. Upon hearing the within affidavit of “John Shaw,” pro- chein ami of the said “Henry Smith,” I caused the said. “ Henry Smith,” as well as the said “Joseph Low,” the party charged with illegally holding him in slavery, to be brought before me, this the “15th day of June, 1852,” when the following evidence was submitted: [Here give the tes- timony.] Upon which, being satisfied that there was probable cause to believe that said “Henry Smith” was illegally held in slavery by the said “Joseph Low,” I required bond and security from the said “ Joseph Low,” in terms of the law, and herewith transmit the papers in said cause to the Su- perior Court of said county. Given under my hand, the day and year above written. ' “GEORGE TRUTH, J. ZC?" - In the matter of “ Henry Smith,” a The certificate going up to the Superior Court, with the - other papers, the prochein ami files his petition as follows :— “Bibb Gonaly. To the Superior Court of said county. The petition of “Henry. Shaw,” prochein ami, shows that, as will be seen by reference to the certificate of ‘‘ George Truth,” Justice of the Inferior Court, in and for said county, your petitioner, under the provisions of the statute in such 158 LEGAL FORMS, cases provided, instituted proceedings for the recovery from slavery of “ Henry Smith,” a person of color, held by one “ Joseph Low” as a slave, but claimed by your petitioner to be a free person: that your petitioner gave bond as prochein’ ami for the said “ Henry Smith,” and that upon hearing, the said “ Henry Smith” was delivered to your petitioner to abide - the decision of said cause, upon. your petitioner giving security in compliance with the law. : _ Your petitioner further shows unto the Court, that the said “ Henry Smith” is the son of “ Lewis Smith, and Maria,” _ his wife, both free persons of color, formerly residing in the “county of Richmond,”.and said State; that the said “Henry” was, sometime in the year “ eighteen hundred and forty-four,” placed with the said “ Joseph Low” for the pur- pose of learning the business of a “-barber,” in return for which the said “Joseph Low,” it was agreed, should have the services of the said “ Henry,” until he, the said “ Henry,” should be fully and lawfully of age; but that the said “Lewis and Maria Smith,” having died sometime after the making of such agreement, the said ‘‘ Joseph Low” removed; to the “county of Bibb,” and still continues to reside within .. Said county, having the said “ Henry Smith” in his possession, and claiming him as a slave, although the time for which he was entitled to the services of the said “ Henry” has long since expired, and the said “ Henry,” being of full age, is rightfully entitled to his freedom. eS . Wherefore your petitioner prays, that this, his petition, may be heard according to law, and that such decision may be made as the justice of the case may require. And your petitioner will ever pray, &e, : “HENRY SHAW.” The cause is entered upon common law docket of the ‘Superior Court, and if an issue is made up, is tried like any other common law case. FREE PERSONS OF COLOR. 159 APPOINTMENT OF GUARDIAN FOR FREE PERSONS OF COLOR. GEORGIA, To the Honorable the Inferior Court i of said county. - The petition of “Samuel Snow,” a free “ person” of color, showeth: that “he” has no guardian, and. that “ he” prays “Edwin Marsh,” a free white person, residing in the said . county, wherein also your petitioner resides, may be ap- pointed “his” guardian. And your petitioner will ever pray, dc. : oe “JAS. LAW,” Pet's Atty. “June 15th, 1852.” : I hereby consent to accept the appointment of guardian _ to the petitioner, “Samuel Snow.” . “EDWIN MARSH.” “June 15th, 1852.” ORDER. Biss Inrertor Court, “ Jury Term, 1852.” ' Upon hearing the petition of “ Samuel Snow,” a free per-' son of color, resident in said county of “ Bibb,” that “ Edwin Marsh,” a free white man, resident in said county, he ap- pointed “his” guardian ; and the said “ Edwin Marsh” hav- ing, in writing, assented to such appointment: _ 5 It is, therefore, ordered that the petition be granted; and that the said “ Edwin, Marsh” be appointed the guardian of the said “Samuel Snow,” and be hereby vested with all power and authority bestowed by-the laws of Georgia upon ‘the guardians of free persons of color, within the limits of this State. = 160 LEGAL FORMS, BOND OF GUARDIAN. . ‘) Know all men by these presents, that “Bibb” County. we, “Edwin Marsh,” and “ John Day,” security, are held and firmly bound unto the Justices of the Inferior Court in and for said county, andAheir successors in office, in the just and full sum of “one thousand” dollars, for the payment of which, well and truly to be made, to the said Inferior Court, its successors or assigns, we bind ourselves, our heirs, executors, and ad- ministrators, firmly by these presents: signed, sealed, and dated, this “ 10th ae of July, 1852.” The condition of this bond is, that whereas, at the ' present term of the Inferior Court of said county, the said “ Edwin Marsh,” was appointed guardian of one “ Samuel Snow,” a free person of color, resident in said county, and having accepted such guardianship : Now, if the said “ Edwin Marsh” shall well and truly perform his duties, and properly manage the affairs of his ward, the said “ Samuel Snow,” then this bond to be void, else of full force. “EB. MARSH,” “JOHN DAY.” Test “CO. J.B,” Clerk. The taking of this bond, its amount, etc., is at the dis- eretion of the Inferior Court. GUARDIANS, 161 GUARDIANS. OATH OF GUARDIAN. I, “John May,” do solemnly swear, or affirm, (as the case may be,) that I will do and perform the duties required of meas guardian for “ Anna May,” orphan of “ James May,” deceased, according to the laws of. this State, to the best of my abilities and understanding—so help me God. FORM OF ‘GUARDIAN'S BOND. GEORGIA, “Bibb” County. we, “John May,” and “Joseph May,” security, are held and firmly bound unto his Honor, the Ordinary of the county of “ Bibb,” and his successors in office, in the sum of “ ten thousand” dollars, for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and ‘administra- tors, firmly by these presents : signed, sealed, and dated, “this Ist day of May, 1852.” ie _ The condition of the above obligation is such, that whereas, the said “ John May” has been appointed guardian of “ Anna May,” orphan of “ James May,” deceased: Now, if the said “John May,” do well and truly demean himself, as such guardian, according to law, and the provision of his letters © of guardianship, the above bond shall be void, else of full force. “JOHN MAY,” 1.8] “ JOSEPH MAY,” [1.s., 8* : | Know all men by these presents, that 162 LEGAL FORMS. Application for letters of guardianship must be made and published thirty days before Court. The oath may be taken and the bond executed in vacation. The revocation of guardianship or strengthening the bond of the guardian, may be done in the same manner as in case of adminis- trator. Sales of property are also conducted in the same form. When property decends to child in life of father or mother, by gift, deed, devise, or distribution, it is the duty of the trustee, executor, or adwinistrator, or of the Ordinary, not to turn it over to the natural guardian without a bond, to be‘approved by the Ordinary. In case the natural guardian does not give security, the Ordinary must appoint some one else. FORM OF BOND OF NATURAL GUARDIAN. oy Know all men by these presents, that “Bib Ootaty. rwe, “Richard Ray,” and “ William Gray,” security, are held and firmly bound unto the ‘Ordinary of said county and his successors in office, in the sum of “ ten thousand” dollars, for the pay- ment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, firmly by these presents ; ; ‘signed, sealed, and dated, this “1st day of May, _ 1852.” The condition of this bond is such, that whereas, “ Robert Ray,” late of said county, deceased, devised and bequeathe* to his grandson, “Robert Ray,” (son of said “ Richard Ray,”) ‘by his last will and testament, a “certain share of his estate” which is now “ ready to be’ paid over by the executors of his said will” to the person properly authorized to receive it, and the said “Richard Ray” being entitled tothe same as natural guardian of the person and property of his said “child:” Now, if the said “Richard Ray,” shall well and truly discharge the duties ofsuch guardianship, and faithfully GUARDIANS. 163 perfornr his said trust, then this bond to be void, else of | full force. ; “RICHARD RAY,” [xs. “WM. GRAY.” Ls Test . HP, Tv, . Oey B.C. e “The other provisions, as to the dismission of guardians, ete., are very similar to those relating to administrators. -- 1 NON-RESIDENT GUARDIAN. Notice. To “Lewis Day” administrator of “James Day,” de- ceased : You will take notice that I shall apply at the regular -term of the Court of the Honorable the Ordinary of the county of “ Bibb,” to be held in “May ” next, for an order directing you as administrator of the said “James Day” to turn over and deliver into my hands, as guardian of the per- son and property of “Joseph Day,” legally appointed by the proper authority of the county of “ Davidson, and State of Tennessee,” of which county and State said “J oseph Day ” is a resident, all property, real and personal, or mixed, of whatever kind, to my ward belonging, being in your hands as administrator as aforesaid. '* NOAH LAW.” « April loth, 1852.” This notice is to be served twenty days before the Court, ORDER OF THE ORDINARY. : RPE, Court of the Ordinary of said county, ike agen at “ May term, 1852.” It appearing to the Court by an exemplification from the records of the- Court. having jurisdiction over the persons and om 164 LEGAL FORMS. estates of minors within the county of “ Davidson, and State of Tennessee,” such. exemplification being authenticated as provided by the act of Congress, that “Noah Law,” a resi- dent of said county of “ Davidson,” has been properly and legally appointed guardian of the person and property of “Joseph Day,” a minor, residing therein, under and by virtue of the laws of.the State of “ Tennessee,” and it further appearing by the exemplification from said Court so authen- ticated as aforesaid, and properly certified by the clerk thereof, that the said.“ Noah Law” has given bond and se- curity in said Court in the sum ‘of “thirty thousand” -dol- lars over and above the amount required by law for the guardianship of property already in ‘the said State of “ Ten- nessee,”,and the sufficiency-of the security to such guardian- ship bond being affirmed by the said certificate, and proof being exhibited that notice has been given twenty days -be- fore this Court to the parties in interest, of the intention of the said “ Noah Law” to apply for an order to remove the property of said minor from the limits of the State of Georgia : : It is, therefore, on the application of the said “ Noah Law ” ordered that “ Lewis Day,” administrator on the es- tate of “ James Day,” deceased, late-of said county, the party notified as aforesaid, to pay over and deliver to said “Noah Law ” guardian of the said minor, “ Joseph Day,” as aforesaid, within the State of “ Tennessee,” all the property, real, personal, or mixed, of what kind soever, to his ward, the said “Joseph Day,” belonging, and being in the hands of the said “ Lewis Day,” administrator as aforesaid. And it is further ordered that the receipt of the said “ Noah Law,” guardian as aforesaid to the said “Lewis Day,” for such- property, with a schedule thereof annexed, shall be a suffi- cient voucher in the final settlement of the said “Lewis Day” with this Court, as administrator as aforesaid; and that a duplicate of such receipt and schedule, together with the exemplification and certificate used,as hereinbefore stated, be delivered to this Court, and be filed with its papers and recorded. : GUARDIANS. 165 AFFIDAVIT WHERE OPPOSITION IS MADE TO TRANSFER. Before me came in person “ Lewis Day,” who, being duly sworn, deposes and says : that “ Noah Law,” who claims from deponent, as administrator, property in his possession belonging to “Joseph Day,” a minor,-is.an incompetent person to take charge of ‘the property of the said ne J - Daye “ LEWIS DA — to and subscribed before me, this “10th May, 1852.” “ JAMES Tae mS. P. _GEORGIA, , “Bibb” County. This objection may be interposed only in cases of non-resi- dent guardians. .The affidavit may be made by any friend of the ward. Besides that taker above, it may be on the ground that non-resident guardian is incompetent to take charge of the ‘person of the ward ; that his security is insufficient, or that the removal. of the property would. be injurious to the “interest of the ward. i ’ An issue: may be made up and the question tried, and. the Ordinary in his decision may refuse to remove the property, if the proof sustains the affidavit last given. 166 LEGAL FORMS. HABEAS CORPUS..- FORM OF PETITION. ; To the Honorable “George Truth,” “Bibb” County. one of the “ Justices ” of the “ Inferior,” 7 ) Court of said county. The petition of “ William Moore” showeth to your Honor, that he is now, and for ten days last past has been, confined. and imprisoned by “Thomas Shaw,” jailor of said county, without law or right, in the common jail of said county, (as will be seen by accompanying copies of the warrant and mittimus,) charged with “the crime of larceny.” Wherefore, he prays your Honor to grant him the Staite’s writ of habeas corpus, to be directed to the said “Thomas Shaw,” commanding him to bring your petitioner before your Honor, with the causes of his arrest and detention, that Justice may be rendered in the premises. And your petitioner will pray; &. “JOHN SMALL,” Pet's ‘Atty. “May 12th, 1852.” A ORDER FOR THE ISSUING THE WRIT. ~ GEORGIA, To the Clerk of the “ Inferior” Court “ Bibb” County, of said county. > Having been informed by the petition of “ William Moore,’ that he is now, and for many days past has been, imprisoned by “Thomas Shaw,” jailor of said county, in the common jail of said county, without law or right, under the “ charge of larceny ;” and the-said “ William Moore,” by said petition HABEAS CORPUS. 167 of this date, having prayed, at my. hand, that the State’s ~ writ of habeas corpus may issue, (as is his right, by-statutes of 31st of Charles the Second,) directed to said “Thomas Shaw,” and commanding him to bring before me the body of the said “ William Moore,” together with the cause of his arrest and detention, in order that he may receive justice in the premises, You are therefore hereby directed to issue the writ of habeas corpus, directed to the said “Thomas Shaw,® jailor of said county, commanding’ him to bring the body of the said “ William Moore,” together with the cause of his arrest _ and detention, before me, at the “ Court-house of said county, on to-morrow morning at 10 o'clock,” that: the legality of his-proceedings may be examined, and. of the detention of the said “ William Moore,” and that justice may be done in the premises. And do you attend, then and there, with the records : of your Court. ~ Given under my hand, “this 12th day of May, 1852.” “ GEORGE TRUTH, J. AL. a.” NOTICE TO OTHER JUDGES, You are requested to attend at “ the sahibo™ County. Court-house” in said county, “to-morrow morning at 10 o'clock,” for the purpose of determining “a writ of habeas corpus, ” granted by me upon the petition of “ William Moore,” to “ Thomas Shaw,” jailor of said county. “This 12th day of May, 1852.” “ GEO, TRUTH, J. I. 0.” FORM OF WRIT. ezoraia, { To “Thomas Shaw,” jailor of said SBE omnis ie county, Greeting :— “ William Moore” having, by petition addressed to- the 168 , LEGAL FORMS. Hon. “ George Truth,” one of “the Justices of the Inferior ” Court.of said county, alledged | that he is, and for “ten” days last past has been, confined in the “common jail of said county,” without law or right, and praying the State’s writ of habeas corpus in his behalf. :— 7 These are, therefore, to command you, by the authority 3 of the State of Georgia, to bring the body of the said “Wm, — Moore,” together with the cause of his arrest and detention, before ‘the said “Justice” and his associates, ad to-morrow “morning at 10o’clock, at the Court-house in said county ;” and have you then and there this writ. By order of said “ George Truth, Justice of Inferior Court of said county, this 12th day of May, 1852.” “JAMES NOY, @. I. C.”. Indorse on the back of the writ, By the statute of the 81st of King Charles the Second. RETURN OF THE JAILOR. I have here in Court the body of the said “ Wm. Moore,” in obedience to the within writ, together with the commit- ment under which he was lodged i in jail; the original warrant for his arrest, charged with the crime of “ simple larceny ;” the affidavit on which the warrant issued, and the copy of the evidence taken on the trial before the Justices. “THOMAS SHAW, Taitor, B 3 o> “This 18th day of May, 1852.” ORDER. ' It appearing to the Court that the “Bin” Gouty. commitment, under which the said “William Moore” is confined in jail, is insufficient, in not stating the time and place, when and where, the ‘said “ William Moore” was guilty of the charge of “simple larceny,” under which he was committed :— It is ordered that the said “Thomas Shaw, jailor of said ~ county,” do herewith discharge the said “ William Moore” . from his custody, under and by virtue of said commitment. “This 13th day of May, 1852.” ~ HABEAS CORPUS. 169 The prosecutor or attorney must be notified of the inten-" tion to bring up party by habeas corpus, No time is spe- cified for the notice, but it must be reasonable. The notice” is not required to be given where neither the party nor at- torney lives in the county where the prisoner is confined. _ The issuing of this writ is matter of right. .The Justice has no discretion as to granting it. It is the duty also of the other Justices to attend upon one day’s notice. | Heavy penalties are also attached to the refusal of a jailor, or other officer, to exhibit and furnish copy of the warrant, under which the prisoner is held; within six hours after de- mand made, and also to the failure and refusal of any officer to return the writs within the time required. : FORM OF PETITION FOR WRIT AT COMMON LAW. GEORGIA, “Bibb” County, oue of the “ Justices of the Inferior Court, in and for said county.” The petition of “ James-Dunn” showeth : that your peti- tioner is the “ lawful father of Laura Dunn,” a-minor, of the “age of fourteen years ;” that said “‘ Laura Dunn” has been taken, and is still kept out of the possession of your petitioner, by one “ Maria Randolph, of said county,” without lawful warrant or authority ; that your petitioner has demanded the person of his said daughter from the said “ Maria Ran- dolph,” but the said “ Maria” wholly refuses to deliver his said daughter up to your petitioner :-— Wherefore, your petitioner prays your Honor to grant to your petitioner the State’s writ of habeas corpus, command- ing the said “ Maria Randolph” to'bring the body of your petitioner’s “minor daughter,” the said “Laura,” before - your Honor, at a time and place to be therein ‘named, that justice may be done in the premises... And your petitioner: cs will ever pray, &c. fos ‘~ “JAMES DUNN.”. F To the Honorable “George Truth,” 170 LEGAL FORMS. Before me came in person the above named “ James Dunn,” who, being duly sworn, says: that the facts in the above petition contained, are true, to the best of his knowl- edge and belief. “JAMES DUNN.” Sworn to, and subscribed before me, “ this : day of , 1852.” «JAMES TRUTH, J, PS _ Upon this the Judge issues his fiat to the clerk, ‘who issues the writ as in the case of statutory habeas corpus, with the exception that the indorsement is omitted. Where a child is brought up under habeas corpus, and the custody, of its person is disputed, it is by statute placed entirely within the discretion of the Judge or-Court hearing the writ, to give the custody according to the merits of the cause. The common law, by which the father was prima Jacie entitled to the possession of the child, being repealed, and the whole matter left open for the action of the Court upon the circumstances of each case. a: INSOLVENT DEBTORS. FORM OF BOND UNDER A CA. SA. Bean all men by these presents, that “Bibb? vounty. “Lewis Long” and “Joseph Strong,” secant are held and firmly bound unto “James” Gay,” of the county of “ Dougherty” and said state, in the just and true’sum of “two thousand ” dollars, for the payment of which we bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated this “1st day of June, 1852.” INSOLVENT DEBTORS. , 171 The condition of this bond is such, that whereas the above bound “ Lewis Long” has this day. been arrested by “Charles ‘Levy, Sheriff of Bibb county,” under and by authority of | a capias ad satisfaciendum, issued from the “ Superior” Court of said county, in favor of “ James Gay” against said “Lewis Long:” Now; should the said “Lewis Long” be and appear at the next “Superior” Court, to be held in and for said county, on ‘the “ second J Monday i in November next,” then and there to stand to and abide such proceedings as may be had by-the Court, in relation to my taking the benefit: of an act passed by the Legislature of said State, on the 19ih December, 1823, entitled an “act for the relief of honest debtors,” and to personally answer and perform such other and further order of said Court as may be made in the premises; this bond to be void, else to remain of full foree. “LEWIS LONG,” © [us.}.. “JOSEPH STRONG,” [us.] : Tested and approved by “JAMES TRUSTY, J. P.” FORM OF NOTICE TO TAKE THE BENEFIT OF THE INSOLVENT DEBTORS’ ACT. i GEORGIA i . “ Bibb” County. To “James Gay. You are hereby notified, that having:filed my schedule, in conformity with the statute, I shall appear at the next “ Superior” Court, to be held in and for said county, on the “second Monday in November next,” to take the benefit of an act, entitled an ‘‘act for the relief of honest debtors.” “LEWIS LON GP “This 25th day of October, 1852.” ae 172 LEGAL FORMS. SCHEDULE, A schedule of property owned by “Lewis Long,” an applicant for the benefit of the act for the relief of honest’ debtors :-— ‘ : “<4 “One four-wheeled carriage, One double-barreled gun,” é&e. ISSUE SUGGESTING FRAUD. And now comes “ James Gay, by Frank Bond,” his attor- ney, and suggests fraud and concealment in the said sched- ule, filed in the office of the Clerk of this Court, by “ Lewis Long,” according to law, in this, to wit: “that the said Lewis Long is-the owner of an undivided interest in the copartnership firm of Smith & Co., in the city of Macon,” and, as such, is entitled to a portion of the effects and profits of said firm; and “ this interest” does not appear from, and’ is not included in, the schedule rendered by the said “ Lewis Long ;” and of this he puts himself upon the county. : “FRANK BOND, Att'y.” 5 FORM OF OATH OF INSOLVENT. I, “Lewis Long,”:do solemnly swear, in the presence of — Almighty God, that I am not possessed of any real or per- sonal estate, debts, credits, or effects, securities, or contracts, | * whatsoever; my wearing apparel, bedding for myself and: ° family, and the working tools, or implements of my trade or calling, together with the necessary equipments of a mil- itia soldier excepted, other than aré contained in the schedule now delivered; and that I have not, directly or indirectly, since my imprisonment, or before, sold, leased, assigned,.or otherwise disposed of, or made over in trust, for myself, or otherwise, any part of my land, estate, goods, stock, money, debts, credits, or effects, securities, or contracts, whereby any INSOLVENT DEBTORS, 173 money may hereafter become payable; or any real, or per- sonal estate, whereby to have, or expect, any benefit or profit to myself, my wife, or my heirs—so help me God. : “LEWIS LONG.” Sworn to and subscribed in open Court, “ Nov, 20th, 1852.” $ “HGR, Clerk” ORDER OF DISCHARGE. , ab Brsz Supzrior Court, “Nov. Term, 1852.” “Lewis Long” having filed a full and fair schedule of his debts, and having notified the following persons as his cred- itors, under the act for, the relief of honest debtors: “ James Gay, Thomas Taylor, Edward Brown, Joseph William, Seth Knox, and Henry Fowler;” and having in open Court appeared, and taken and subscribed the oath prescribed by statute :-— It is ordered that said “ Lewis Long” be hereby discharged from arrest and set at liberty, without prejudice to his secu- rities, as is provided by law. _ ORDER TO FORFEIT BOND, AND FORFEITURE THEREON, Biss Surzrior Court, Novemszr Term, 1852. It appearing to the Court that aca. sa. was duly issued by the Clerk of this Court, on the “1st day of June last,” in favor of “James Gay” against “Lewis Long,” for principal sum of “one thousand” dollars, with interest thereon from- the “11th day of November,’ 1851,” and the further sum’, of “twenty” dollars cost of suit; and that said “Lewis Long” was duly arrested under the same by “Charles Levy,” Sheriff - of said county, and bond taken, in terms of the law, for the — appearance of said “ Lewis Long,” at the present term. of this Court, in the penal sum of “two thousand” dollars, in which “Lewis Long” is principal, aud “Joseph Strong” security ; conditioned that said “ Lewis” should stand to and abide by the proceedings had by this Court, upon his appli- 174 LEGAL FORMS, cation to take the benefit of the act for the relief of ‘ honest debtors.” And the said “ Lewis Long. ” having been duly called by “ Charles Levy,” Sheriff aforesaid, at the Court-house door, in open Court, to appear and answer the conditions: of said bond; and the said “J oseph Strong” having been also duly called to produce the body of the said “ Lewis Long,” as he had agreed to do, and neither the said “Lewis Long,” or the said “Joseph Strong,” having appeared in Court and answered said call, as in said bond they were obligated to do :— It is therefore ordered by the Court that said bond be, and the same is, hereby declared duly forfeited ; and the said “ James Gay,” or his attorney, is empowered and: di- rected to enter up judgment on the same, in terms of the statute for such cases provided. JUDGMENT ON CA. SA. BOND. Wheretsre, it is considered, ordered, and adjudged by the Court, that the plaintiff, “ James Gay,” do recover of “ Lewis’ Long,” principal, and “ Joseph Strong,” security, the sum of * two thousand dollars,” to be discharged upon payment of ‘one thousand dollars” principal, with interest thereon from ie “11th day of November, 1851 ;” and the further sum of “twelve dollars and fifty cents” for his costs, and the further sum of dollars and cents, costs on this ca. sa., and the defendants in merey,” &e. “JOSHUA TRUTH,” Pfs Att'y. Where the notice is served out of the State, proof may be made of the service by letting the party serving go be- fore a person authorized to take affidavit, and making the following affidavit on the back of the original notice:— _ ~ ae INSOLVENT DEBTORS. 175 State, County, and City of “New York.” ( Authorized to ‘take depositions and. administer oaths, duly appointed and regularly.commissioned for the State of Georgia,” came in person “Joseph Robson,” who, after being duly sworn, de- poses and says, that on the “ 24th day of tiris present month,” he served the within named “Seth Knox” with an exact copy of the within notice, by handing it to him in person at his “store, No, 100 Wall-street, city of New York.” “ JOSEPH ‘ROBSON.” Sworn to and acknowledged before me, this “2d day of November, 1852." “JOHN DAY,” Commissioner, [1.s.] Before me, a “Commissioner duly Where the above affidavit is made before any other person authorized to administer oaths besides a Commissioner, the authority of the Magistrate must be proven as in other cases. The forms above given are those used. under the act of 1823. The provisions of this act extend only to debtors arrested under ca. sas. . The provisions, too, must be taken advantage of at a regular term of the Court. The notices under this act, given to creditors, must be served on them personally, ten days before Court—or, rather, ten days before the application. By the act of 1801, (amended in 1809,) any person imprisoned under any process, from any Court. whatsoever, of a civil nature, may be discharged. The no- tices in such cases may be given to an attorney of the party, and must be served thirty days before the time appointed for the trial ; or if no attorney, or party resident in the State, - by two months’ publication in a gazette in Savannah or Au- gusta. 176 LEGAL FORMS. a PETITION UNDER THE ACT OF 1801. GEORGIA, To the Honorable the Justices of the “Bibb” County. Inferior Court, in and for said county. " The petition of “Henry Drew” respectfully showeth ; that your petitioner is now confined for debt, in the common jail of the said county of “ Bibb,” and under and by virtue of.a “bail” process, issued from the “Inferior” Court of said county, in favor of “Jacob Ross,” against. your petitioner: And your petitioner further showeth, that he is unable to satisfy the debt for which said “ bail” process is issued, and for which he is so confined in said common jail; but that he is willing to deliver up the whole of his estate and effects for the benefit of his creditors, and that notice has been given to his creditors, according to law:. And your petitioner prays that a rule of Court may be granted, appointing a day upon which your petitioner may take the oath prescribed for insolvent debtors, and be discharged, according to law. ‘And your petitioner will ever pray, dc. “HENRY DREW.” “January Ist, 1852.” NOTICE, To “Jacob Ross,” or his Attorney :— You are hereby notified that, by order of the “Inferior Court of the county of Bibb, the 1st day of March next en- suing” has been fixed for hearing my application to the said Court, to take the benefit of the act entitled “an act for the relief of insolvent debtors,” when I shall apply to take the oath prescribed by law, and to be discharged. , . me’ “HENRY DREW.” ‘ INSOLVENT DEBTORS. 177 ORDER. as : Nght “Bin Oeaaky: “Inferior Court, Jan. 10, 1852.” Tt appearing to the court, by the petition of “ Henry Drew,” that he is confined for debt. in the common jail of said county, under a “bail” : ‘process, issuing: from the “ In- ferior” Court of “said county,” in favor of. “Jacob Ross,” against said petitioner, and that he is unable to satisfy the ‘debt upon which said “bail” process issued, but is willing to deliver up the whole of his estate and effects for the ben efit of his creditors; and praying an order of the court. that ‘he may be brought up, and allowed to'take and subscribe the oath prescribed for insolvent debtors, and be thereupon discharged : It is ordered, that the ‘said “Henry Drew” be brought before this court, on the “ first day of March next ensuing,” atthe Court Housexin said county, by the Sheriff, or Jailor in whose custody he is, for the purpose aforesaid; and that said “Henry Drew” do notify his creditors i in writing, ac- oreling. Ht to al The issue, the oath: and final judgment, in. the case of a proceeding under the Act of 1801, are the same as those given ahore, under the Act of 1823. LIST OF ARTICBES EXEMPT FROM LEVY OR SALE. Where defendant has property in his possession which ha desires to claim as exempt, it is the best. course to include them in his schedule, and subsequently to have an order of , the court specifying them, and excluding them ‘from the lia- bility to sale, or any other proceeding. Two beds, bedding, and common bedsteads. One spinning-wheel; 2 pair cards; 1 loom. One cow and calf; 1 horse or mule. : i) Sari 178 LEGAL FORMS, Ten head of hogs, and $30 worth provisions; tools of his trade; ordinary cooking utensils ; family Bible. The equipment of militia men and trooper’s horse ; wearing apparel; 50 acres land in country not worth more than $200. Five acres additional for each child under 15 years; £200 worth real estate in town in lieu of 50 acres in country. - One ox or yoke’of oxen, and cart or wagon, if the defend- ant owns-no horse. BOND BY PLANTIFF IN CA. 8A. TO JAILOR. ee all men by these presents, that , “Bbb” Gourky, “ Jacob Ross,” and “ Simeon Ross,” eeoniites are held and firmly bound unto “Edward Moore,” Jailor of said county, in the sum of “two hundred ” dollars, for the payment of which, we bind our- selves, our heirs, executors, and administrators, by these presents: signed, sealed, and dated, this “10th day of Jan- nary, 1852.” — The condition of this bondi is, that whereas “ Albert Lott, : of said county, has been arrested, and is now confined in the common jail of “said county,” under and by: virtue of a writ of “ capias ad satisfaciendum,” issued upon a judgment obtained in the “Superior ” Court of said county, in favor of.said “ Jacob Ross,” against the said “ Albert Lott ;’ and, whereas the said “Jacob Ross” is not a resident of the S.ate of Georgia: Now, if the said “ Jacob Ross ” shall pay, or cause to be paid, the jail fees, and weekly maintenance, | of said.‘ Lott,” during bis confinement i in said jail, this bond shall be void, "else of full force. “JACOB ROSS,” [1. “SIMEON ROSS,’ 2 "Ins Tested by “JAMES TRUTH, J. P.” INSOLVENT DEBTORS, 179 BOND TO TAKE PRISON BOUNDS. EORGIA, wih” Conniy: we, “ Albert Lott,” and “Levi Rose,” security, are held and firmly bound unto “ Charles Levy,” Sheriff of said county, in the sum of “ two hundred” dollars, for the payment of which, we bind our- selves, our heirs, executors, and administrators, by these presents: signed, sealed, and dated, this “ 10th day of Jan- » uary, 1852.” The condition of this obligation is such, that whereas the said “ Charles Levy,” Sheriff, as aforesaid, has arrested said “ Albert Lott,” under and by virtue of a“ capias ad satisfa- ciendum,” issued from the Superior” Court of said county, and is desirous of obtaining the benefit of the prison bounds, according to law: Now, should the said “ Albert Lott,” well and truly keep within said bounds, and not leave the same, then this bond to be void ; but, if the said “ Albert. Lott.” shall at any time, without. ‘being legally discharged, pass, or leave, the boundaries laid off, and defined as prison bounds, then to remain of full force and effect. ee “ ALBERT LOTT,” [zs] “LEVI ROSE,”: [ns] Know all men by. these presents, that Tested by “CHARLES LEVY, Sheriff, Bibb Co.” 180 LEGAL- FORMS. ILLEGALITIES. * ; Before-me came in person “Joshua “BIEN? Goutty. ~ + Neal,” who, being. duly sworn, deposes and says: that a certain execution is- sued from the “ Superior” Court of “ said” county, at “ May” term “ last past,” in favor of “John Ray,” against deponent, which the Sheriff of said county has levied on a “negro. man Tom,” as the .property of deponent, is proceeding against him illegally in this, “ because the deponent and de- fendant in said execution has, before the making of said levy, fully paid off and discharged the said execution, and the judgment upon which it is founded.” “JOSHUA NEAL.” Sworn to and subscribed before me, this “10th day of August, 1852,” “JAMES TRUTH, J. P.” FORTHCOMING BOND. Know all men by these presénts, that “api” Gourtty. we, “ Joshua Neal,” and “ Henry Neal,” security, are held and firmly bound to “Charles Levy,” the Sheriff of said county of “ Bibb,” in the sum of “one thousand” dollars, for the payment of which, we hereby bind ourselves, our heirs, executors, and administrators, by these presents: signed, sealed, and dated, - this “10th day of May, 1852.” ed The condition of this bond is, that whereas said “ Charles Levy ” has levied an execution, issued from the “ May” term “last past” of the “Superior” Court of “said county,” in favor of “ John Ray,” against said “Joshua Neal,” on “a negro man Tom,” as the property of said “ Joshua,” to which JUSTICES OF THE PEACE. 181 “ ot said execution the said “J elds ut eas interposed an affidavit of illegality: Now, if the said “Joshua Neal”, shall pro- duce, or cause to be: produced, said “negro Tom, ” at the time and place of sale, if said affidavit should be overruled, and the éxecution ordered to proceed ; iar fs bond to be void, else of full force. “J OSHUA N EAL,” a a “HENRY NEAL, m Tested by “JAMES TRUTH, J. P.” No second affidavit of illegality can be filed. - JUSTICES OF THE PEACE. CIVIL JURISDICTION. OATH OF JUROR. You shall well and truly try the cause now pending be- tween “ A. B.,” plaintiff, and “C. D.,” defendant, anda true verdict give, according: to equity, and the opinion you enter- tain of the evidence produced to you, to the best of your skill and knowledge, without favor or affection to either party, provided the case is not spans? help you God: fio <8 : ‘ 182 LEGAL FORMS. * AFFIDAVIT TO PROVE OPEN ACCOUNT. heat Before me came “George Lewis,” “ bb Cony. who, upon being duly sworn, deposes: and says: that the above stated account against “ Henry Low,” who lives out of said county, is true, just, and correct, in each and every item; and that.deponent has no way of proving said account but by his own oath. : “GEORGE LEWIS.” Sworn to and subscribed before me, this “Ist day of May, 1852.” “GEORGE TRUTH, J. P.” _ RULE VS. CONSTABLE—NOTICE. Grorera, County or “Brss,” “JOHN DOE,’ vs. “RICHARD ROE,” Price, $30 00. Interest from “1st January, 1852.” « To “ Lewis Lee,” Constable. Fi. fa. in “564th District, G. M.” You are required at once to pay over to me the amount collected by you on the above fi. fa., or in default thereof, interest will be required of you at and after the rate of twenty per cent per annum. : “JOHN DOE.” “May Ist, 1852.” Affidavit of service may be made on this notice; or, if served by an officer, his return will be sufficient. JUSTICES OF THE PEACE. 183 RULE VS. CONSTABLE. .- 4 RULE “NIST. “JOHN DOE,” Fi, fa. in * 564th District, G. M” a . VS. “June Term, 1852.” “RICHARD ROE.” P To “ Lewis Lee,” Constable. ‘Tt being represented to the court that the amount of the above ji. fa. is in the hands of the said “ Lewis Lee,” consta- ble of said district, and that he neglects and refuses to’ pay the same to the plaintiff: It is, on motion, ordered that the said “ Lewis Lee” show cause instanter why he should not pay over the amount col- lected by him on said fi. fa., or in default thereof, be. at- tached for contempt. RULE ABSOLUTE. “JOHN DOE,” Upon hearing the rule nisi in the vs. above cause, the said.“ Lewis Lee,” “RICHARD ROE.” ) constable of this district, having : failed to show cause why he should not pay over the amount of said fi. fa.: It is ordered that the said “ Lewis Lee” do pay to the plaintiff, or his attorney, at once, the amount due on said Ji. fa., or be attached for contempt. : ; For forms of altoibmati see head Sheriff. The only difference is, that in case of constables, it is issued by the Justices. Justices may be ruled in Superior Court. The forms. in cases of Sherifis will apply to them. Notice in these cases, as in Sheriffs, will bind the officers to pay twenty per centum per annum. Most of the forms of ieee in Justices’ Court are similar to those in Superior and Inferior Courts, as Clabes, ‘Wegalities, &e. 184 ° LEGAL FORMS. * SUMMONS OF JUSTICE, uppeieeiy, (In “564th District, G. M. “JOHN DOE,” vs. To the defendant. . “RICHARD ROE.” ) ‘You are notified to be and appear personally, or by-attor- ney, at the Justices’ Court, in and for said district, to be held on “Saturday, the tenth day of May next,” at the usual place of holding Justices’ Court in said district, then and there to answer the plaintiff’s demand upon a “ note,” a copy of which is hereto attached, or in default, the court will proceed as to justice may appertain. Witness my hand and seal, this “ 1st day of April, 1852.” “JAMES TRUTH,” J. P. [us.] - COPY NOTE. “One day” after date, I promise to pay “ John Doe;” or bearer, “ twenty-five ” dollars, value received. » 2 ‘ “RICHARD ROE.” Macon, September Ist, 1851.” e PLEA “NON EST FACTUM,” ” a “RICHARD ROE,” ) “tn Justices’ Court, “564th Dis- The condition of this obligation is such, that whereas the said “George Ralph ” has been charged by “ Nell Barry” with being the father of a “male” bastard child, of which said ‘‘Nell Barry” was delivered, in said county, on the “10th day of March last past,” and which is. likely to be- come chargeable to the county: Now, if the said “George 196 LEGAL FORMS. Ralph ” shall be and appear at the Superior’ Court, to be held in and for said county, on the “second Monday in May instant,” to answer said charge, and to abide and perform such order and judgment as the Court may make in the premises, then this obligation to be void, else of full. force and effect.” “ GEORGE RALPH, » ILs, “« SOLOMON MARCY, ” Ths. “JAMES. TRUTH, J. P.” BOND FOR SUPPORT, &C., OF BASTARD, Kuiow all men by these presents, that “Bibb” County, of We, “ George Ralph,” and “Solomon - _‘) Marcy,” security, are held aid firmly bound unto the Justices of thé Inferior Courts of said county, for the time being, and their successors, in the sum of “ one hundred and fifty” pounds, (equal to six hundred ‘and fifty- two dollars, eighty-five and three-quarter cents,) for the pay= ment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated this “ *10th day. of May, 1852.” The condition of this bond is such, that whereas the above bound “George Ralph” stands charged’ with being: the father of a “male ” bastard child, of which one “ Nell Barry” was delivered on the “ first day of March last past,” in said county, and which is likely to become chargeable to said county: Now, if the above bound “George Ralph ” shall, from time to time, and at all times hereafter, educate and maintain said “male ” child, until “he” shall reach thé age of fourteen years; and also pay the expenses of lying-in’ with said child, boarding, nursing, and maintenance, while the mother is confined by reason thereof, then this bond to be void, else of full force and effect. “GEORGE RALPH,” Ls.] “SOLOMON MARCY, ” Thee] “JAMES. TRUTH, J. Pe LEASES AND RENTS. 197 LEASES AND RENTS. FORM OF A LEASE TO A HOUSE. ope se This indenture, made this the “tenth “Bibb” County. day of June, eighteen hundred and fifty- -) two,” between “ Horace King,” of said county and State, of the first part, and- “ Daniel Bright, of the county of Twiggs,” and said State, of the second part, witnesseth : that the said “ Horace King” doth lease and demise unto the said “ Daniel Bright,” a certain lot of. land, with the tenements thereon, lying.in the city of Macon and said county, known in the plan -of said city as lot number one, in square two,” to hold the same for the term of “three” years from the date hereof, paying therefore the annual rent of “two hundred ” dollars, payable at the expiration of each and every quarter, and for which the said “ Daniel Bright” has this day given his certain promissory notes, each for the sum of “fifty ” dollars :— De en And the said “ Daniel Bright ” covenants to pay the said rent in the manner and form-so specified above, and to de- liver up the said premises quietly, after the full expiration of the said term of “ three ” years from the date hereof, in as good condition as the same were when received by him, reasonable wear and tear thereof excepted: And the said lessee further covenants, that he will not underlet the said premises to any person whatever, without the consent of the said “ Horace King ” being first obtained thereunto: | And that the said “ Horace Kings” his agents or attorneys,-shall have free leave to enter upon said premises, at any reason- able hour in the day-time, for the purpose of receiving or making improvements upon them. =. 198 LEGAL FORMS, * In witness whereof, we have hereto set our hands and fixed our seals, the day and year above written. 7 “DANIEL BRIGHT,” [us.] “HORACE KING,” [us.]: . The following covenants and conditions in a lease may be ‘dnserted by the parties, according to contract :— RE-ENTRY ON FAILURE OF PAYMENT. That if the rent is not paid punctually; lessor may re-enter, provided, nevertheless, that if any of the payments, herein and hereby reserved, be and remain unpaid for the space of “twenty” days next after the falling due of any of said pay- ment as aforesaid, then unto any or all of said premises the said lessor may and shall-re- enter, and the same shall hold, occupy, and repossess, as before the signature hereof. . THAT LEASE SHALL CEASE ON BURNING THE PREMISES. And, provided, that if the said tenements, situate on said: lot, be destroyed by fire during the continuance of said lease, then the said lease to utterly cease, and the said “ Horace King ” to'claim and receive from the said “ Daniel Bright ” tio more of the rent, above herein stipulated as rent, then shall be due on the day of payment next after the happening of such fire ;. but the said notes, for so much of said rent as shall hereafter fall due, as well as any claim or demand of said “ Horace King” on the said “Daniel Bright,” on ac- count thereof, to become utterly void and of no effect... TO MAKE NECESSARY REPAIRS, And, also, that the said “ Horace King,” his heirs, exec- utors, and administrators, shall, from time to time, at their own proper charges, cause to be made and executed all proper and necessary repairs upon said premises, and in and rer ee vy LEASES AND RENTS. 19 about the same, when and where, and as often as such rea- sonable repairs may be nécessary. s FOR RENEWAL OF LEASE, And, further, that he, the said “ Horace King,” his heirs, executors, ‘administrators, and assigns, shall and will: grant: to the said “ Daniel Bright,” his heirs, executors, adminis- trators, and assigns, at-his or their costs and charges, (if so requested by written request, three- months before the expi- - ration of the lease herein granted,) a further lease of said. premises for the term of “ five ” years, to commence at the expiration of this term, at.and under the “same yearly rent,” and containing thé same covenants herein inserted. AGREEMENT THAT TENANT MAY DEDUCT FOR REPAIRS. = And, also, that it shall and may be lawful for the’ said x Daniel Bright, ~ his heirg, executors, administrators, or assigns, to retain and keep out of every “ year’s” rent, herein agreed to be paid by him or them for said premises, all such money as by him or them may be paid, laid out, and ex- pended for repairs, amendments, and additions, by him made and done in and about said premises, by and with the con- sent or direction of said “Horace King,” his heirs and assigns. “The number of clauses in leases may be infinitely varied. It is supposed, however, that the examples given above will be sufficient to cover any ordinary case, and to indicate the mode of expressing any other proviso, covenant, or agree- ment, which the Jessor and lessee may see proper to make. CLAUSE THAT LESSEE WILL NOT PERMIT NOXIQUS TRADES CARRIED on. : And, also, that the said “ Daniel Bright,” his executors, administrators, and assigns, shall not, nor will, at any time ° 200 “ LEGAL FORMS. during the continuance of said term, permit nor suffer any person or persons to use or follow, in or upon said premises herein and herebywdemised, the trade of a “ butcher, currier, soap-boiler, brewer, distiller, liquor retailer, cigar-maker, _ dyer, founder, smith,” or any nauseous and offensive busi- ness whatsoever, without the license or consent of the said “ Horace King,” his heirs, executors, administrators, or assigns, thereto first obtained in writing. RE-ENTRY IN CASE THIS CONDITION IS VIOLATED. Provided, that if the said “ yearly ” rent shall be behind and unpaid, as aforesaid, when it shall be and become due and payable, or in case the said “ Daniel Bright ” shall per- mit or suffer any person or persons to occupy any part of said premises, who shall use and follow any of the trades herein before forbidden, then and in that event it shall be lawful for the said “ Horace King,” his heirs, executors, ad- ministrators, or assigns, in and ipon said premises to re- enter, and the same to have, possess, and enjoy,-as in his or their former right, anything herein contained notwith- standing. ! ‘The clause against fire should always be inserted where the lease is of any building. The words “fire excepted,” recited in the notes given for the rent, is perhaps the beat plan to provide against this contingency.’ AFFIDAVIT FOR ISSUING A DISTRESS. : In person appeared before me, a Jus- Bibb Coby. _ 7 tice of the Peace, in‘and for said county, “George Horn,” who, being duly sworn, deposes and says: that “Levi Swain,” of said county, is justly indebted to deponent i in the sum of “ ay ” dollars, LEASES AND RENTS. 201 for rent of “lot number one, in square two of the city of Macon,” in said county, which is now due, and unpaid. “GEO. HORN.” Sworn to and subscribed before me, “this Ist day of June, 1852.” “JAMES TRUTH, J. P.” GEORGIA, To any lawful officer to execute and “Bibb” County. return. Whereas, “George Horn” has made affidavit before me, that “Levi Swain” is justly indebted to him in the sum of “thirty” dollars, for rent which is due, and unpaid : These are, therefore, to command you .to levy on, and sell, as provided by law, a sufficiency of estate, both real and personal, of the said “ Levi Swain,” to make the sum of “thirty” dollars, due to said “ George Horn,” and the further sum of cents, costs of this warrant; and have you said sums, together with this warrant, before me at the next “ Justices’ Court,” to be held-in and for the “ 564th” district of said State, on the “second Saturday in July next,” to render to the said “ George Horn.” Given under my hand and seal this “Ist day of June, 1852.” “JAMES TRUTH, J. P.” AFFIDAVIT OF DEFENDANT TO REPLEVY, Before me came “ Levi Swain,” who, “Bin aly. after being duly sworn, deposes and says: that the sum distrained for, under a warrant issued in favor of “George Horn,” against depo- nent, for “ thirty” dollars and costs, alleged to be due said “George Horn” by deponent for rent, is not due. “LEVI SWAIN.” Sworn to and subscribed before me, “this Ist day of June, 1852.” “JAMES TRUTH, J. P.” 10 202 LEGAL FORMS. FORM OF BOND OF REPLEVY. Know all men by these presents, that oBe County. we, “Levi Swain,” and “ Halbert Swain,” security, are held, and firmly bound unto “ George Horn,” in the sum of “sixty” dollars, for the payment of which we bind ourselves, our heirs, exe- cutors, and administrators, to the said “ George Horn,” his heirs, executors, and administrators, by these presents: signed, sealed, and dated, this “2d day of June, 1852.” The condition of the above bond is such, that whereas, the said “George Horn” has filed his affidavit, claiming “thirty” dollars to be due him by the said “ Levi Swain” for rent, and thereupon a distress warrant has issued in favor of said “ George Horn,” against the said “ Levi Swain,” re- turnable to the “ Justices’ Court” of the “ 564th district” of said State, for the recovery of said claim, alleged to be due as aforesaid, and which has been levied by the “constable” of said “ district” on a “bay mule,” the property of said “ Levi Swain ;” and whereas, the said “ Levi Swain” has filed his affidavit that the amount of rent claimed in said distress warrant is not due: Now, should the said “ Levi Swain” pay the condemnation money which may be re- covered against him, as well as the costs, if he should be cast on said issue, then this bond to be void, else to remain of full force. “LEVI SWAIN.” “ HALBERT SWAIN.” Tested by “JAMES TRUSTY, J. P.” Contracts for rent all béar interest from the time they become due. FORM OF AFFIDAVIT WHEN TENANT HOLDS OVER. Before me came “Francis Blow,” who, “ Bin onely: on being duly sworn, deposes: that he is the owner of a “ lot of. land, number two, in square three in the city of Macon,” and said county LEASES AND RENTS. 208 and State; that on the “first day of April, eighteen hundred and fifty,” he leased the said “lot of Jand” to one “ Edwin Snow,” for the space of “two years,” to be from that date ully complete and ended, which said lease, or term of time, vt which said land was rented, expired on. the “ thirty-first day of March last past ;” that deponent desires possession of the same from the said “Edwin Snow,” and that the said “Edwin Snow” neglects, omits, and refuses, to give possession of said “lot of land.” ; “FRANCIS BLOW.” Sworn to and subscribed before me, “ this 10th day of April, 1852.” “JAMES TRUTH, J. P.” FORM OF WARRANT UNDER THE ABOVE AFFIDAVIT. GEORGIA, To the Sheriff of said county, or his “Bibb” County. Deputy. Whereas, “ Francis Blow” has made oath before me, that he rented “lot number two, in square three of the city of Macon, and said county,” being the property of said “ Francis Blow,” to one “Edwin Snow,” for a term of years, which has now expired; that he desires the possession of said “ lot of land” from the said “Edwin Snow,” and has demanded possession thereof, but that the said “ Edwin Snow” neglects, omits, and refuses, to deliver possession of the same: These are, therefore, to command you to deliver to the said “Francis Blow,” his agent, or representative, peaceable, full, and quiet possession of said rented premises, removing said “ Edwin Snow,” with any property found thereon, be- longing to said “ Edwin Snow,” therefrom. Given under my hand and seal this “ 10th day of April, 1852.” “JAMES TRUTH, J. P.,” [us.] COUNTER AFFIDAVIT OF THE TENANT. Before me came “ Edwin Snow,” who, Re ea cron on oath, says: that he does not hold ) “lot number two, in square three of the city of Macon,” and said county, by lease, or rent, from 204 LEGAL FORMS. “Francis Blow,” of said county, or by any one holding under him by rent or lease. Sworn to and subscribed before me, : ‘this 14th day of April, 1852.” “JAMES TRUTH, J. P. In the same manner “ tenants at will or sufferance” may be ejected at any time. The above forms will answer to guide the petitioner in drawing the affidavit, etc., in these cases, LETTERS OF ATTORNEY. FORM OF LETTER OF ATTORNEY TO SELL AND MAKE TITLES TO LAND. GEORGIA, “Bibb” County. I, “John Lamb,” of said county, have chosen, authorized, constituted, and ap- pointed, “James May,” of said county, my attorney in fact, for me, and in my name, to sell to any person, or persons, and for any sum of money, or other consideration, as to him may seem most to my advantage, that “ lot of land,” lying in “ the second district of Lee County,” in said State, known in the plan of said “ district” as “lot number five :” “Upon such sale to receive any sum of money, or other considera- tion therefor, and for the same, to execute in my name, proper receipts and acquittances, and to make and execute Know all men by these presents, that - LETTERS OF ATTORNEY. 205 ‘to such land such assurances of title, -with such covenants and warrants, as to my said attorney shall seem proper. Hereby ratifying all acts of my said agent in the premises. In witness whereof, I have hereto set my hand and seal, the day and year above written. “JNO. LAMB,” [1.s.] Signed, sealed, and delivered, in presence of “JAMES TRUTH, J. P.” The above should be recorded with the deed. Letters of attorney, to sell personal property, are similar to the above. FORM OF LETTERS OF ATTORNEY TO ENTER INTO, DEMAND POSSESSION OF, AND SUE FOR LANDS, Know all men by these presents, that bb Gomity, I, “John Day,” of said county, have made, constituted, and appointed, and by these presents do make, constitute, and appoint, “ James Hall,” of the county of “ Baker,” and said State, my sufficient attorney for me, and in my name, to enter upon certain “ lots of land,” lying in the “second district of said county of Baker,” known in the plan of said “district” as “ lots numbers one, two, three, and four,” and possession of the same to claim, and demand for me, and in my name: And further for me, and in my name, to institute such action, or actions, as to my said attorney shall seem proper, for the recovery of the possession of said land, if necessary ; to em- ploy counsel to prosecute the same; and generally, to do all such other acts, or things, as my said attorney may deem necessary in the premises; hereby ratifying whatever my said attorney may lawfully do in the premises. In testimony whereof, I have hereto set my hand and seal this “ 10th day of June, 1852.” “JNO. DAY,” [us.] Signed, sealed, and delivered, in presence of “JOS. HORN,” J. P. 206 LEGAL FORMS. FORM OF POWER OF ATTORNEY TO LEASE, COLLECT RENT, ETC. Know all men by these presents, that “ Bibb” County. I, “John George,” of said county and State, have authorized, constituted, and appointed “ Joseph Smith,” of “ Muscogee County,” in said State, my attorney in fact for me, and in my name, to rent or lease on such terms and conditions as he may see fit, “two lots of land,” with the tenements thereon, lying in the “city of Columbus, and said county of Muscogee,” known in the plan of said city as “lots numbers one and two, in square one hundred,” giving and granting to my said attor- ney full power and authority to make such leases, and the same in my name to sign, and execute, containing such stipulations as may seem proper to my said attorney: And further, to receive all money arising from the rent of such “lots or tenements,” from all persons whatsoever; and for the recovery of the same, or the carrying out any of the pro- visions of this instrument, to institute any action in any court having jurisdiction thereof; and for said sums of money so received for me, and in my name, to sign and execute proper releases and acquittances: And further, to do all things requisite and necessary to be done in and about the execution of these presents: hereby ratifying avd confirming all that my said attorney may do in the premises. In testimony whereof, I have heret». set my hand and seal, this “10th of June, 1852.” “JOHN GEORGE,” [us.] Test, “ JAMES SMALL, J. P.” FORM OF LETTER OF ATTORNEY TO COLLECT DEBTS. Know all men by these presents, that , “James Day,” of the county of “ Baker,” and said State, have author- ized, constituted, and appointed, and by virtue of these presents do authorize, constitute, and appoint “John Snow,” of said county of “ Bibb,” my attorney in fact for me, and GEORGIA, I “Bibb” County. LETTERS OF ATTORNEY. 207 in my name to ask, demand, sue for, and. receive, from all persons whatsoever whom it concerns, all or any such debt, or debts, claims, or demands whatsoever, whether on bonds, notes, bills of exchange, or otherwise, due and owing to me, by any persons whatever; and in my name to institute such action, or legal proceeding, for the recovery of the same, and for me, and in my name, to sign, execute, and deliver, proper acquittances, or receipts, for such sums of money so collected by him: And further, to compound or compromise such claims, and generally to do such other things in the pre- mises as I might myself lawfully do: hereby ratifying and confirming all such lawful acts as my said attorney may do or perform in the premises. In witness whereof, I have hereto set my hand and seal, this “10th of June, 1852.” “ JAMES DAY,” [x.] Test, “JAMES SMALL, J. P.” FORM OF LETTER OF ATTORNEY TO TRANSACT MERCANTILE BUSINESS. Know all men by these presents, that I, “ Charles Low,” of said county, have authorized, constituted, and appointed, and by these presents do authorize, constitute, and appoint “ John Snow,” of said county, my lawful and sufficient at- torney for me, and in my name to ask, demand, collect, and receive, all sums of money, goods, merchandise, or other thing whatever, that may be due, and coming to me, from any person soever; to sell or dispose of any part, or the whole of said property, either on credit, or for cash, and for such prices as he may see fit; to buy with the proceeds thereof any other goods, merchandise, or commodity, as he shall deem meet, and the same to sell again on my account ; to insure, or cause to be insured, any commodity, or merchan- dise, at such premiums, and for such risks as he may deem proper, and to make out, and in my name to receive, any losses on such policies of insurances; to sign any note, bill of exchange, or acceptance, or any other contract, and gene- GEORGIA, “ Bibb” County, 208 LEGAL FORMS. rally in my name to make, and execute, any instrument in writing which may be necessary to give full validity to the execution of the power contained in these presents; to settle and adjust any account, or accounts, between me and any other person or persons whatever, and to submit the same to arbitration; to compound or compromise any claim, or demand owing, or which may hereafter be owing to me, and to take less than the whole, or otherwise to settle the same, as to him may seem best; to institute any action, or actions, in any court having jurisdiction, for the recovery of any such claim, or claims, and the same to prosecute to final judgment, or execution; and for me, and in my name, to sign and execute all necessary releases, acquit- tances, or discharges, for money received by him for me, and generally all other matter or things to do, and perform, necessary to the performance of the premises: hereby ratifying every lawful act done by my attorney in the premises. In testimony whereof, I have hereto set my hand and seal, this “10th day of June, 1852.” “CHARLES LOW,” [xs] Test, . “JAMES SMALL, J.P.” SUBSTITUTION. Where it is wished to bestow upon the Attorney the power of substituting another, insert after the recapitulation of the powers given, “With power to substitute one Attorney, or more, under my said Attorney, and the sameat his pleasure to revoke.” _LETTER OF SUBSTITUTION UNDER A POWER GIVEN THE ATTORNEY, Know all men by these presents, that poy Orenty, whereas by letters of attorney, a copy of which is hereto attached, “John Day,” of said county, did constitute me his attorney in fact for certain purposes therein fully specified, with power of LETTERS OF ATTORNEY. 209 substitution: Now I, “James Snow,” by virtue of the pow- ers to me therein granted, have substituted and appointed, and-by these presents do substitute and appoint “Joseph Day,” of the “county of Lee and said State,” the lawful attorney of the said “John Day,” with every power of acting for the said “John Day,” granted to me by said letter of attorney, which I can legally delegate, hereby ratifying whatever the said “Joseph Day” may lawfully do in the premises. : In witness whereof, I have hereto set’ my hand and seal this “ Ist day of June, 1852.” “JAMES SNOW,” [xs.] In presence of “JAMES TRUTH, J. P.” LETTERS OF ATTORNEY TO MEMBER OF THE BAR. Know all men by these presents, that ae aa I, “John Doe,” of said county, do con- stitute “ William Law,” of the county of “Lee” and said State, Attorney-at-Law, my~ true and lawful attorney, in all causes, real, personal, or mixed, now pending, or hereafter to be moved for or against me, in said county of “Lee,” in my name, to appear, plead, confess judg- ment, or otherwise act as he may deem for my interest, and my name to sign whenever he shall see fit for the purpose of carrying out the powers herein granted. Witness my hand and seal, this “ 10th day of May, 1853.” “JOHN DAY.” In presence of “JAMES TRUTH, J. P.” LETTER OF ATTORNEY FROM A BANK, GEORGIA, “Bibb” County. “ we, the President, Directors, and Com- pany of People’s Bank of Macon,” for us and our successors, have made, constituted, and appointed, 10* Know all men by these presents, that 210 LEGAL FORMS. and by these presents do make, constitute, and appoint “ Henry Low, of the county of Lee” and said State, our law- fal Agent and Attorney for us, and in our name, to ask for and demand, and to our use to receive all sums of money now due, or which shall hereafter become due and owing to us, or our successors, by virtue of any note, bond, mort- gage, or any other contract whatsoever. Hereby granting to the said “ Henry Low” full power to institute any legal proceedings he may deem proper for the recovery of any such debt, and for us to enter into any com- promise of any such debt, or other stipulation, to make in regard to the same as he shall see fit, and any and all writ- ten acknowledgements, receipts, or instruments whatsoever necessary to carry out the powers herein vested in him to make, execute, and d:liver in our name and stead. Hereby ratifying and confirming everything the said “Henry Low” may lawfully do by virtue hereof. In witness wereof, we, “Joseph Trusty, President, and Henry Credit, John Law, and William May,” Directors of the said bank, hereunto duly authorized by a vote of said company, pursuant to the acts incorporating the same, have subscribed our names, and by the hands of “ Joseph Trusty” affixed the seal of said bank, this the “10th day of June, 1852.” “THE PEOPLE'S BANK,” [xs.] “JOSEPH TRUSTY,” “HENRY CREDIT,” “JOHN LAW,” “WILLIAM MAY.” In presence of “JAMES TRUTH, J. P.” Where the sealing of an instrument is necessary by cor- poration, using a common seal, the manner of execution is specified by the act, or by the by-laws of the company. The above is the form used in some of the States, but it may be varied to suit the provisions of the charter of each particular company. LIENS. 211 FORM OF REVOCATION OF A LETTER OF ATTORNEY. Whereas I, “John Day,” did, by “Rep Oeunty. {at of attorney, dated “ first day of ; May, eighteen hundred and fifty-two,” appoint “James Snow” my attorney in fact for me, and in my name to sell and make titles to “lot of land, number one, in the third district of the county of Lee,” and said State: Know all men by these presents, that I, the said “John Day,” for divers considerations me thereto moving, have countermanded and revoked, and do, by these presents, countermand and revoke, the said letter of attorney, and all and singular the powers therein contained. In witness whereof, I have hereto set my hand and seal, this “10th day of June, 1852.” “JOHN DAY,” [xs.] Test, “JAMES TRUTH, J. P.” LIENS. FORM OF LIEN OF CARPENTER OR MECHANIC. “George Friend, a carpenter,” claims an incumbrance on the house and premises, on which it is erected, of “James Keel,” adjoining the lots of “ Lewis Lee and Thomas Lewis,” for the “building” said house, to the amount of “ five hun- dred dollars,” this “1st of June, 1852.” “GEORGE FRIEND.” This must be recorded in the Clerk’s office within three months after the completion of the work. 212 LEGAL FORMS. LIENS ON STEAMBOATS. GEORGIA, “Bibb” County. Inferior” Court, in and for said county, came in person “Lewis Long,” who, after being duly sworn, deposes and says, that he has been employed on a “steamboat” named or called the “ Comet,” belonging to “ Charles Lee, of Macon,” in said county, in the capacity of an “ engineer ;” that he was so employed by said “owners on the 1st day of January last past,” and remained on said boat, performing the services of an “engineer, until the 1st day of May,” said “steamboat” being, during that time, employed in the navigation of the “ Ocmulgee River,” it being agreed by and between deponent and said “owners” that he should receive, as wages for such services, the sum of “one hundred dollars per month ;” that said “steamboat” has arrived at its place of destination, the “city of Macon,” and is now lying in the said county of “ Bibb,” that the sum of “three hundred dollars” is due to the deponent, by said owner, for services as “ engineer” performed by him, on said “steamboat Comet,” as aforesaid; and that since the said amount became due, and within “twelve months” afterwards, on the “2d day of May” last, he demanded payment, by himself, of said amount so due to him as aforesaid, of the said “owner, Charles Lee,” personally, in said county, by whom payment of said amount was refused, and deponent has therefore a lien on said boat according to law. Sworn to and subscribed before me, this 15th day of May, 1852.” Before me, “John Jay, a Justice of the “LEWIS LONG.” In presence of “JOHN JAY, J. 1.0” In Cuampens, “ April 15th, 1852.” GEORGL, To the Clerk of the Inferior Court of “Bibb” County. said county. “Lewis Long,” of said county, having mado affidavit be- fore me that he has been employed as an “engineer on a LIENS. 218 board the steamboat Comet,” now lying in said county, and owned by “Charles Lee,” and that there is now due and owing him, for services performed in said capacity, the sum of “three hundred dollars,” payment of which has been de- manded of said “Charles Lee,” and by him refused, and claiming the foreclosure of his lien on said boat therefor: You are therefore hereby commanded, by virtue of this order and the statute in such cases made and provided, to enter up judgment on the said affidavit, as well against said “steamboat Comet,” as its owner, the said “Charles Lee,” for the amount so claimed to be due, and costs, in favor of said “Lewis Long,” and upon said judgment to issue ex- ecution, and such other proceedings to take as are provided by law. Witness my hand and official signature, this “1st day of May, 1852.” ; “JOHN JAY, J. 2. 0” JUDGMENT ON THE BACK OF THE AFFIDAVIT, Whereupon, in obedience to the order of the said “John Jay, Justice of the Inferior” Court of said county, and under the statute in such cases provided, it is ordered, considered, and adjudged, that the within named “Lewis Long” do have and recover of and from the said “Charles Lee,” and from the aforesaid “steamboat Comet,” the sum of “three hundred dollars,” sworn to be due in the within affidavit from said “Charles Lee” to said “ Lewis Long,” for his wages for services performed as “engineer on said steamboat Comet,” and for which a lien is granted him by law on said “steamboat,” and the further sum of dollars and cents for his costs, and the defendant in mercy, &c. “HA, LAW, Clerk.” “May 15th, 1852.” On this judgment the Clerk at once issues an execution, which is levied by the Sheriff on the craft, and it is levied 214 LEGAL FORMS. and sold under the same rules that govern Sheriffs’ sales in other cases. Where the amount of the claim is $30, or under, the same affidavit is made before a Justice of the Peace, in the district where the boat lies, who issues execution instanter. It is levied by the Constable and then returned to the Sheriff, AFFIDAVIT OF DEFENSE. Before me came in person “ Charles “Bibb” Goatty. ¢ Lee,” who, being duly sworn, deposes and says, that the amount of “three hundred dollars,” claimed by “ Lewis Long” to be due by defendant for his services as “engineer on the steamboat Comet,” on the “1st day of May” last past, for the recovery of which he made his affidavit before “John Jay, Justice of the Inferior Court,” in and for said county, bearing date-on the “15th day of May” last, and under which affidavit an execution was issued against deponent and the said “steam- boat Comet,” is not due the said “Lewis Long,” nor was the said amount, or any part thereof, due to the said “ Lewis Long” on the said “15th day of May” last, when his said affidavit was made. , “CHARLES LEE.” Sworn to and subscribed before me, this “80th day of May, 1852.” “JAMES TRUTH, J. P.” REPLEVY BOND. Know all men by these presents, that upiee? Comnly, we, “Charles Lee” and “Joseph Moss,” security, of said county, aré held and firmly bound unto “Lewis Long” in the sum of “six hun- dred dollars,” for the payment of which, well and truly to be made to the said “ Lewis Long,” his heirs, executors, and LIENS. 215 administrators, we hereby bind ourselves, our heirs, exec- utors, and administrators firmly by these presents. Signed, sealed, and dated this “ 30th of May, 1852.” The condition of this bond is, that whereas “Charles Levy,” Sheriff of said county, has levied an execution on the “steamboat Comet,” the property of said “Charles Lee,” in favor of said “ Lewis Long,” said execution having issued on an affidavit made by the said “Lewis Long,” claiming the amount of “three hundred dollars” to be due by said ~ “Charles Lee” to the said “Lewis Long,” for wages as “engineer” of the said steamboat, and the said “ Charles Lee” having made his affidavit as provided by law, denying said amount of “ three hundred dollars,” or any part thereof, to be due by him to the said “ Lewis Long,” Now if the said “ Charles Lee” shall pay, or caused to be paid, the eventual condemnation money which may be found due to the said “ Lewis Long,” as well as all costs incurred thereon, then this bond to be void, else of ful] force. “CHARLES LEVY,” [1.s. “JOSEPH MOSS,” — [ns. Test “ CHARLES LEVY,” Sherif’. The securities to the bond must reside in the county where the proceedings are had. If the affidavit denies a part of the indebtedness, the amount admitted to be due must be paid by the party to the Sheriff. When bond given and affidavit made as above, the pro- perty is to be delivered up to the owner, or person having control, (who is authorized to take these steps,) and the Sheriff returns the affidavit and bond to the Court where the execution is returnable. When amount is due for services of a negro, the “ owner, master, or his agent, or attorney in law or in fact,” may take the proceedings. LIENS OF WORKMEN, TAILORS, &C. The same proceedings may be had to enforce any other 216 LEGAL FORMS. lien at common law or otherwise on personal property, as of a workman, tailor, etc., merely inserting in the affidavit the circumstances under which the lien accrues. ‘The lien must be prosecuted in twelve months from date of its accrual, and the statute provides that there must have been a de- mand made on, and refusal of, the owner of the property, if resident in the county. MACHINIST LIEN FOR PUTTING UP, FURNISHING, OR REPAIR- ING MACHINERY USED FOR ANY MILL, STEAMBOAT, ETC, Petition. To Hon. “ Abner P. Powers,” Judge “np Gounty. of the Superior Court of the Macon Circuit. The petition of “A. B.” respectfully showeth that he is a machinist in said county and State, and that, as appears by the accompanying affidavit, in the due course of said trade as such machinist, on the “ 27th day of July, 1852,” he contracted to furnish, and afterwards did furnish, and deliver to “C. D.,” of said county and State, “one steam engine of fifteen horse power complete, and all the machinery, fixtures, and incidents to one, of gear and iron, saw and grist steam mill, including one band thirty feet long, one pair of thirty inch mill-stones, one iron smoke-stack,” and other articles, and that your petitioner avers that all said machinery has been put up complete and arranged on an a lot of land belonging to said “C. D., in the city of Macon, in lot number ten, and square or block number one therein,” in said county, by your petitioner, and that your petitioner was, by the contract made with said “C. D.,” to receive for said machinery, and appurtenances thereto, and for his ser- vices in putting up the same, the sum of “ twenty-six hundred dollars ;” “one thousand dollars” of said sum to be paid on “Ist day of November, 1852,” and the remaining “ sixteen hundred dollars” in six months thereafter, and that of said sum LIENS. 217 there now remains due and unpaid the principal sum of “six- teen hundred and ninety-six” dollars, besides interest, for which the said “ C. D.” has made and delivered to your petitioner his note, dated the “ 9th of May, 1853,” and due “ one” day, after date, and that twelve months have not elapsed since the said last, mentioned sum became due and payable, and that the said last mentioned sum is now due and payable, with interest from the said “10th day of May, 1853,” and that your petitioner on the day and year when said sum be- came due, and since then, and before the bringing of this writ, made a personal demand on the said “C. D.” for the payment of the same, which the said defendant then and there refused, and still continues to neglect and refuse, to pay said note. ; Wherefore, your petitioner prays that an order in terms of the statute in such cases made and provided, requiring the Clerk of said Court to enter up judgment upon this petition and to issue execution against said ‘“C. D.,” and against the said steam saw and grist mill, the property of the said “C. D.,” as aforesaid, and bands, mill-stones, smoke-stack, and machinery, and incidents and appurtenances to the same, in anywise being and belonging. And your petitioner will ever pray. : P& N, Petitioner's Att’ys, AFFIDAVIT OF THE PARTY. GEORGIA, “Bibb” County. P. Powers,” Judge of the Superior Court of the Macon Cireuit. “ A. B.,” who, being duly sworn, deposeth and saith, that he is a “ machinist in the city of Macon,” in said county and State, and that as such “ machinist” he furnished and delivered to “C, D.,” of said county, on the “27th day of July, 1852,” “one steam engine of. fifteen horse power complete, and all the machinery, fixtures, and incidents of gear and iron, to one steam saw and grist mill, including one band thirty feet long, one pair of thirty inch mill-stones, one iron smoke- Personally came before me “ Abner 218 LEGAL FORMS. stack,” and other articles, and that such “ engine, bands, mill- stones iron smoke-stack,” and other articles were by your peti- tioner, put up, arranged, and completed, into a “steam saw and grist mill,” now in the possession of the said “ C. D., in the city of Macon, and on lot number ten, in square one” therein, and in said county and State, and that your peti- tioner is justly entitled to have and receive from the said “C_D.,” the sum of “sixteen hundred and ninety-six” dollars as the balance still due and unpaid, according to the con- tract between the said “C. D.” and this deponent, with in- terest from the “11th day of May, 1853,” which said sum this deponent has personally demanded of the said “ C. D.,” on the said “11th day of May, 1853,” and payment of which was refused, and the said deponent on oath says that the said sum has not been due and owing over twelve months from the date hereof, and that the sum is still due and unpaid. “ A. B” Sworn to and subscribed before me, this “Ist day of July, 1853.” “A, P. POWERS,” [us.] Judge Superior Court, Macon Circuit. ORDER OF THE JUDGE. GEORGIA, To the Clerk of the Superior Court “Bibb” County. of said county. You are hereby authorized and required to enter up a judgment upon the accompanying petition and affidavit, im favor of “ A. B.,” against “ C. D.,” and against the “steam saw and grist mill, and bands, and pair of thirty inch stones, smoke-stack, and machinery, incidents of gear and iron, and fixtures,” thereto being and belonging; the same being on “Jot number ten, in square one, in the city of Macon,” and said county and State, in possession of said “C. D.,” for the sum of “sixteen hundred and ninety-five dollars,” principal with interest thereon, from the “11th day of May,-1853,” and cost of this proceeding, and upon such judgment, to issue an execution for said sums directed to the Sheriff of LOST PAPERS. 219 said county, as directed by the statute in-such cases made and provided—herein fail-not. § Given under my hand and seal, this “Ist day of July, 1853.” , “A. P. POWERS,” [1.s.] Judge of the Macon Circuit. Upon this the Clerk issues a fieri facias against the mill, etc., in the usual form for the principal interest and cost, directed to the Sheriff of the county where the order is granted, who levies and sells as in case of other ji. fas. A Justice of the Inferior Court can grant the order to Clerk of Inferior Court, in case where it may not be con- venient to call upon Judge of the Superior Court. « LOST PAPERS. FORM OF PETITION TO ESTABLISH LOST NOTES. Copy Note. Sixty days after date, I promise to pay “James Hay,” or bearer, “one thousand dollars,” for value received. “JOUN MAY.” “Macon, Ist January, 1852.” GEORGIA, To the Honorable “ Superior” Court “Bibb” County. of said county. The petition of “James Hay” respectfully showeth, that he is the owner of a “ promissory note,” made to “him” by 220 LEGAL FORMS. “ John May,” for “ one thousand dollars,” of which the above is substantially, and, as petitioner believes, literally a copy; that said “ note is yet due, and unpaid,” and that the same has been lost, or mislaid, and cannot be found, though petitioner has made therefor the most diligent search : Wherefore, petitioner prays the order of the court, order- ing the said “John May” to show cause, at next term of this court, why the said copy “note” should not be estab- lished in lieu of said lost original, and that a copy of said order be served upon him in terms of the law. “ JOSEPH DAY,” Att'y of Pet's. “May Term, 1852.” _ Before me, in open court, came “James penne aah: Hay,” who, being duly sworn, deposes and says, that the facts in the above petition are true. ’ “JAS. HAY.” Sworn to and subscribed before me, “this 10th day of May, 1852.” “HENRY LANE, Clk, Superior Court.” RULE NISI. “May Term, 1852.” It appearing to the court that “James Hay” was the owner of a “promissory rote” made by “John May” of said county, “dated on the Ist day January, 1852, due at sixty days, for the sum of one thousand dollars, payable to said James Hay, or bearer,” and which, being still due, and unpaid, has been lost, or mislaid, and cannot now be found : It is, therefore, ordered, that the said “John May” show cause, on or before the next term of this court, why a copy should not be fully established in lieu of said lost original, and that service of this order be perfected, as required by law. If the party cannot be found in the State, the rule nist must be published three months in some public Gazette. LOST PAPERS. 221 RULE ABSOLUTE. “Biss Superior Court, May Term, 1852.” It appearing to the court that a rule nisi was granted at the last term of said court, and has been served according to law, calling upon “John May” to show cause why a copy should not be established in lieu of an original “ note,” made by said “John May,” payable to “James Hay, dated on the first day of January, eighteen hundred and fifty-two, due sixty days after the date thereof, for the sum of one thousand dollars,” but which bas been lost, or mislaid, and cannot be found, and which is still the property of said “James Hay,” and no cause having been shown in answer to such rule nisi : It is, on motion, ordered, that the copy of said original “note” be established fully in lieu of said original “ note,” so lost as aforesaid, and that this order absolute be placed upon the minutes of this court. The maker of the note may, if he prefers, pay it however, and take an indemnifying bond from the holder in the fol- lowing form :— BOND OF INDEMNITY GIVEN BY HOLDERS OF LOST BILL OF EXCHANGE, GEORGIA, oc ” oo ” “Bibb” County. we, “Henry May,” and “Joseph Evans, security, are held and firmly bound to “John Smith,” his heirs, executors, and administrators, in the sum of “two thousand” dollars, for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this ‘‘ 1st day of May, 1852.” The condition of this bond is such, that whereas, the said “John Smith,” heretofore to-wit, on the “first day of January, in the year eighteen hundred and fifty-two, drew Know all men by these presents, that 222 LEGAL FORMS. his said bill of exchange of that date, on Le Roy & Com- pany of Savannah, in said State, due six months thereafter, for the sum of one thousand dollars,” and which has been lost by the said “Henry May,” to whom the same was made payable, and who is still the owner of said bill of ex- change, and said “John Smith” having been required vy the said “ Henry May” to give another bill of excuange of the same tenor, with the said lost original: Now, should the said “Henry May” indemnify, and save harmless, the said “John Smith,” against all persons whatsoever, and against the damages, costs, and expenses, which may be re- covered against him, in case the said bill, so lost as afore- said, should ever be discovered, or found, then this obliga- tion to be void, else of full force. “HENRY MAY,” Ls. | “JOSEPH EVANS,” [1.3.| Tested by “JAMES TRUTH, J. P.” LUNATICS. PROCEEDINGS WHERE SLAVE OR FREE PERSON OF COLOR IS A LUNATIC OR INSANE. Affidavit. Before me, a Justice of the “ Inferior GEORGIA, “Bibb” County. Court,” in and for said county, came in person “James Day,” who, after being duly sworn, deposes and says, that an “insane “LUNATICS. 223 slave,” named “Jerry,” the property of “George Low,” is running at large, and is a public nuisance. “JAMES DAY.” Sworn to and subscribed before me, this “Ist day of June, 1852.” “JAMES TRUSTY, J. 1. 0, B. WARRANT. GEORGIA, To the Sheriff, Deputy Sheriff, or “Bibb” County. a Constable, of said county. “James Day,” having made affidavit that an “insane”? slave, named “Jerry,” “the property of “George Low,” is running at large, and is a public nuisance: You are hereby required to bring said “slave Jerry” before us that justice may be done in the premises. Witness our hands and official signatures this “ 1st day of June, 1852.” “JOHN RAY,” J. J.C. B. C. “RICHARD ROE,” J. z C., B.C. “CHARLES LOW,” J. Z. C.,, B.C. “HENRY WAY,” J. J. i B.C. “THOMAS MAY,” 7. ZC, B.C. NOTICE. GEORGIA “ ” “Bibb” County. To “ George Low. You will take notice that on “ Thursday, the 6th instant, at 10 o’clock, A. M.,” the Inferior Court will proceed to hear and decide upon the case of your slave “ Jerry,’ who is charged with being insane, and in that condition running at large. a “HB J. G@, OPk, To” “ August Ist, 1852.” The notice is to be served five days before trial. 224 LEGAL FORMS, The Court are authorized, if the affidavit is sustained, to commit the lunatic to jail. THE OWNER MAY TAKE THE SLAVE INTO HIS OWN POSSES- SION ON GIVING BOND AND SECURITY IN THIS FORM. Know all men by these presents, that “ Bibb’ Oeunty. we, “George Low and Henry Low,” : security, are held and firmly bound unto the Justices of the Inferior Court, in and for said county, and their successors in office, in the sum of “ five hundred dollars,” for the payment of which, we bind ourselves, our heirs, executors, and administrators, firmly by these presents : Signed, sealed, and dated, this “ 6th day of June, 1852.” The condition of this bond is, that whereas, said Inferior Court have this day examined into the condition of a “ slave, named Jerry,” the property of said “ George Low,” and have found him “insane,” and a public nuisance: Now, if the said “ George Low” shall keep said slave “ Jerry,” in close and safe custody, then this bond to be void, else of full force. “GEO. LOW,” [xs.] “H, LOW,” = [1.8.] Tested and approved BD: y “JOHN RAY,” J. LO, B “RICHARD ROE,” J. L. C. i “THOMAS MAY,” J. L. C,, C. B.C. C, B.C. APPLICATION OF PAUPER. GEORGIA, ; “ “Bibb” County. To the Justices of the Inferior Court. The petition of “ Lewis Moore” shows that “Mary Rose,” of said county, is a lunatic, and that she is a “ pauper and entirely without means of support.” Wherefore, your petitioner prays that such steps may be LUNATIOS, 225 had as are provided by law to place lunatics in the State Lunatie Asylum. “LEWIS MOOR.” “May Ist, 1852.” ORDER. Upon hearing the within petition for commitment to the State Lunatic Asylum of “Mary Rose,” it is ordered that such application be heard and determined on ‘Thursday the 11th instant, at 11 o’clock, A. M., at the Court House” in said county, and that the applicant do notify the next-of kin of said “ Mary Rose,” as required by law. . “JAS. RAY,” J. £C, B.C. “R. ROK,” J. I. C, B.C. “THOS. MAY,’ J. LC, B.C. NOTICE. enn Cone To “ Robert Rose.” -You are notified that the Inferior Court of said county will, upon my application, hear and determine the question of the lunacy of “ Mary Rose,” at the “ Court House” in said county, on “11 O'clock, A. M., Thursday, the 11th instant.” “LEWIS MOOR.” “ May Ist, 1852.” This notice must be served ten days before the hearing, on the next of kin or relations of the lunatic. WARRANT, GEORGIA, To the Sheriff of said county, or his “Bibb” County. Deputy. Application having been made to us, by “ Lewis Moor,” for the commitment to the State Lunatic Asylum of “ Mary Ty 226 LEGAL FORMS. Rose,” a lunatic, and “Thursday, the 11th instant,”. having been fixed upon to hear and decide upon said application, You are hereby directed to summon a jury of seven men, one of whom shall be a regular physician, to be and appear at the Court-house in said county, at “11 o’clock, A. M., on Thursday, the 11th instant,” to hear and determine the ques- tion of the “lunacy of said Mary Rose.” Herein fail not. _ Witness our official signatures, “this Ist day of May, 1852.” “JOHN RAY, JL. 0” “R. ROE, JL. 0.” “THOS, MAY, ZZ. 0.” The Clerk is required, if the person be committed, to make full exemplification of all the proceedings, which must be sent with the lunatic to the asylum. Where the party is in part or entirely supported by the county, the certificate of the Justices of the Inferior Court to that fact, entitles the patient to the support of the State. If this is not the case, but the party is from poverty unable to defray full charges at the asylum, the certificate of the Court entitles them to such deduction as the trustees may think reasonable. The bond of lunatics’ guardians does not differ from any other guardians’ bond. They are required to make out and cause to be appraised an inventory of Ward’s property within three months after appointment. me The wife of such a person is entitled to be guardian of husband, and her bond in.that capacity is good. PROCEEDINGS FOR COMMISSION, Application. - Bibb” Guuaty. To the Ordinary of said county. The petition of “ Lewis Lee” shows that “ Robert Lee,” of LUNATICS, 227 said county, is a “lunatic,” and incapable of managing his own affairs. a og Wherefore your petitioner prays that a commission may be issued for the purpose of examining into the condition of the said “Robert Lee,” and such other steps-may be taken as are provided by law. “LEWIS LEE.” “May 10th, 1852.” JEORGIA, To (here insert the names of eighteen “Bop Samy discreet and proper persons.) You are hereby required to attend at the residence of “ Robert Lee,” in said county, at “10 o’clock, A. M., on the 20th day of May” next, then and there to examine by in- spection the said “Robert Lee,” and to hear and examine witnesses upon oath, if necessary, as to his state of mind, and make return to me whether or not the said “ Robert Lee” be a lunatic. ; Given under my hand and seal, “ this 10th day of May, 1852.” “P, T., Ordinary.” The commissioners are required to take oath “ well and truly to execute their commission to the best of their skill and ability.” One of the commissioners is required to be a practicing physician. NOTIOER, GEORGIA 6“ ” “Bibb” County. To Henry Lee. You are hereby notified, that ten days after this notice I ‘intend to apply to the Honorable the Ordinary of said county for a commission to examine into the “lunacy of Robert 228 LEGAL FORMS. Lee,” of said county, with the view of obtaining the appoint- ment of a guardian for the said “‘ Robert Lee.” ; “LEWIS LEE.” “15th of April, 1852.” The notice is to be served on the nearest male relative or relations of the party, ten days before the application, not exceeding three in number. If there is no relative in the State, the Ordinary may dispense with the notice. RETURN, The undersigned having, in obedience to commission to us directed by the Ordinary of said county, examined, at the time and place specified in said commission, in person “Robert Lee,” of said county, and having heard and exam- ined witnesses as to his state of mind, do hereby return that they are of opinion said “ Robert Lee is a lunatic,” and in- capable of managing his own affairs. Witness our hands, “this 20th day of April, 1852.” [Signed. ] GEORGIA, “Bibb” County. A guardian is then appointed, and bond given, as in other cases of guardianship. When the Trustees of the Asylum are of opinion that any inmate has sufficient estate to defray his or her expenses, they are authorized to sue from year to year for the amount. In cases where a pay patient’s friends desire to place them in the institution, the certificate of three respectable regular physicians, who knew the lunatic, (or one physician and two other respectable citizens,) will be sufficient. The patient has the right, however, to demand a jury trial at any time. MORTGAGES, 229 MORTGAGES. FORM OF A MORTGAGE ON LAND, This indenture, made this the “ first “ i eae day of June, in the year eighteen ; hundred and fifty-two,” between “ John Gray,” of the “county of Twiggs,” and said State, of the first part, and “James May,” of the “county and State first aforesaid,” of the second part, witnesseth: that the said “John Gray,” for and in. consideration of the sum of “ten dollars,” to him in hand paid by the said “James,” as well as for the securing the payment of the notes hereinafter de- scribed, has granted, sold, aliened, and conveyed, and by these presents doth grant, sell, alien, and convey, unto the said “James May,” his heirs, and assigns, “a lot of land lying in the second district of the said county of “ Bibb,” and known in the plan of said district as lot number “one,”’ in said “second ” district of said county.” To have and to hold “the said lot of land” to the said “ James May,” his heirs, and assigns, in fee simple. And the said “ John Gray ” will, and his heirs, execu- tors, and administrators shall, the aforevranted premises to the ‘said “James May,” his heirs, executors, administrators, - and assigns, forever warrant and defend, by virtue of these presents : Provided, nevertheless, that if the said “John Gray,” his heirs, executors, or administrators, shall pay unto the said “James May,” his executors, administrators, or assigns, the amount of “a certain promissory note, made by the said Jobn Gray, payable to the said James May, or bearer, bear- 230 LEGAL FORMS. ing even date with these presents, and due on the twenty- fifth day of next December, for the sum of one thousand dollars,” together “ with all legal interest which may be due upon the same, and all expenses which may be incurred by said James May in collecting the same,” then as well this deed, as the above described “promissory note,” to be utterly void, otherwise to remain of full force. In witness whereof, the said “John Gray” has hereto set his hand and seal the day and year above written. “JOHN GRAY,” [us] In presence of “JAMES TRUTH, J. P.” If there is a prior mortgage upon the property, whether real or personal, the following clause should be inserted im- mediately after the description of the property. Said property being now subject to a mortgage given on the same by the said “ John Gray” to one “ Charles Lamb,” dated on the “first day of May, eighteen hundred and fifty- one,” to secure the payment of “a promissory note of that date, made by the said John Gray to the said Charles Lamb, for the sum of one thousand dollars, and which is due on the first day of October next ensuing.” FORM OF PETITION TO FORECLOSE MORTGAGE ON REALTY. GEORGIA, To the Honorable the Superior Court “Bibb” County. of said County. — The petition of “James May” showeth: that on the “ first, day of June, in the year eighteen hundred and fifty-two, John Gray of said county” made, and executed, to your petitioner, his certain deed of mortgage of that date, con- veying to your petitioner “Jot of land number one, in.the second district of said county of Bibb,” for the securing the payment of a “certain promissory note, dated on the said MORTGAGES, 281 first day of June, eighteen hundred and fifty-two, and due | on the twenty-fifth day of December next thereafter, where- by said John Gray promised to pay to your petitioner, or bearer, one thousand dollars ;” (which “note,” and mortgage, are here to the court shown:) Yet, your petitioner avers that said “John Gray,” although so indebted, and to pay said sum of money often requested, has not paid said note, nor any part thereof, but wholly refuses to pay the same: Wherefore, your petitioner prays the order of this court, re- quiring the said “John Gray” to pay into this court, by the first day of the next term thereof, the principal, interest, or costs, due on said note, and that in default thereof, the said mortgage be foreclosed, and the equity of redemption therein barred, in terms of the statute. “J. DAY, PLf’s Atty.” “May Term, 1853.” FORM OF RULE NISI TO FORECLOSE MORTGAGE ON REALTY. Superior Court Biss County, at “May Term, 1853.” It being represented to the court, by the petition of “James May,” that by deed of mortgage, dated “the first day of June, eighteen hundred and _ fifty-two,” “John Gray,” conveyed to the said “James May” a “Jot of land, in the second district of said county of Bibb, known in the plan of said district as lot number one,” for the purpose of securing the payment of a “‘promissory note,” made by the said “John Gray” to the said “James May,” due on the “twenty-fifth day of December then next,” for the sum of “one thousand” dollars, which “note” is now due, and unpaid: It is ordered, that the said “John Gray ” do pay into this court, by the first day of the next term, the principal, interest, and costs, due on said “note,” or show cause, if any he has to the contrary, or that in default thereof fore-. closure be granted to the said ‘‘ James, May,” of said mort- gage, and the equity of redemption of the said “John Gray ” therein, be forever barred; and that service of this rule be perfected on said “John Gray,” according to law. 232 LEGAL FORMS. When published, the clerk should certify the copy of this order. The rule nési must be served on the mortgagee, his, her, or their special agent or attorney, at least three months be- fore the time appointed for payment of the money, or pub- lished in a public gazette once a month for four months. FORM OF RULE ABSOLUTE. Superior Covurr or “Bisz County,” At “ Novemper Term, 1853.” A rule nist having been granted at the last “ May” term of this court, requiring “Jobn Gray” to pay into this court, by the first day of this term, the principal and interest due on a “certain promissory note,” made by said “John Gray,” to “James May,” dated on “first day of June, eighteen hundred and fifty,” due on the “ twenty-fifth day of Decem- ber last past,” for the sum of “one thousand”? dollars, with the costs accruing thereon, or to show cause, if any he had, why he should not pay the same, or, in default thereof, the equity of redemption of the said “John Gray, to lot of Jand number one, in the second district of said county,” conveyed to said “James May” by mortgage, dated “first day of ~ June, 1852,” for the securing said note, would be forever barred, and foreclosed; and a copy of said rule having been served on the said “John Gray,” according to law, and it appearing to the court that the said “John Gray”’ has failed, and refused to pay said sum of money so due to the said “James May,” as aforesaid, as required by the said rule nis:, and has shown no cause to the contrary: It is ordered by the court, that the equity of redemption in said mortgaged premises, be forever barred, and fore- closed, and that the said “James May” do recover, out of the said mortgaged premises, the principal and interest of said “note,” above mentioned, together with his costs herein expended. MORTGAGES. 233 AFFIDAVIT OF SET-OFF BY DEFENDANT. Before me in person came “John aor Gaartty, Gray,” who, being sworn, deposes and says: that on “the tenth day of April last,” he paid “James May five hundred dollars on a note given by deponent to said James May, for one thousand dollars, dated first day of January, eighteen hundred and fifty-two,” due on “the twenty-fifth day of December there- after,” and secured by a mortgage on “ lot number one, in second district of said county, executed to said James May by deponent;” that deponent is entitled to a credit on said note of that amount, and date, which has not been allowed him. “JNO. GRAY.” Sworn to and subscribed before me, this “1st day of July, 1852.” “JAMES TRUTH, J. P.” Usury in the note, or set-off, may be taken advantage of under this mode of defense. FORM OF MORTGAGE ON PERSONALTY, Known all men by these peesents, that, operon: I, “John Day,” in consideration of “five dollars,” to me in hand paid by “Charles Swain, of said county,” have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said “ Charles Swain,” a “negro man named Tom, of thirty . years of age, and yellow complexion ;” to have and to hold to the said “ Charles Swain,” his heirs, and assigns, forever. And I covenant with the said “ Charles Swain,” his heirs, executors, and administrators, for myself, my heirs, exeeu- tors, and administrators that the said “negro, Tom, is a slave born;” that “he is in sound health, both of body and mind,” and that I will, and my heirs, executors, and administrators shall, the said “negro” to the said “ Charles Swain,” his heirs, executors, and administrators, forever warrant and defend: 11* 234 LEGAL FORMS. Provided, nevertheless, that if I, the said “ John Day,” shall well and truly pay, or cause to be paid, unto the said “ Charles Swain,” his heirs, and assigns, a “ promissory note, of even date with these presents, made by me, the said John Day, to the said Charles Swain, and due on the first day of January next thereafter, for ive hundred dollars;” then this = of sale, as well as said note, to be void, else of full oree. In witness whereof, I have hereto set my hand and seal, “this Ist day of June, 1851.” “JOHN DAY,” [us.] In presence of «JAMES TRUTH, J. P” AFFIDAVIT TO FORECLOSE (ON THE BACK OF THE MORT- GAGE.) GEORGIA, « Bibb” County. Truth,” one of the Justices of the In- ferior Court, in and for said county, “Charles Swain,” mortgagee within named, and who is the owner both of the said mortgage, and of the note thereby secured, who, being duly sworn, deposes and says: that * John Day,” the mortgagor, is indebted to deponent on the “said note,” in sum of “five hundred dollars” of principal, no interest having accrued on the same, and that said sum is now due, and unpaid, and that he wishes to foreclose the same. “ CHAS. SWAIN,” Sworn to and subscribed before me, this “ 4th day. of January, 1852.” - “GEO. TRUTH, 7.2. C, B. CG.” In person cime before me, “ George The affidavit to foreclose may be made by the agent or attorney of the mortgagee. ORDER OF JUSTICE. On hearing the above affidavit, it is ordered, that the clerk of this court do issue his execution for the sum MORTGAGES, 285 therein sworn to be due against the within mortgaged prop- erty. “GEO. TRUTH, JZ. @,, B.C.” “Chambers, Jan’y 4th, 1852.” DEFENSE—AFFIDAVIT OF PAYMENTS BY DEFENDANT. In person came before me ‘John “Bibb Gauntty, Day,” who, being sworn, deposes and says: that ‘the sum of “five hundred ” dollars, claimed by “Charles Swain” to be due from this deponent, on a “note made by deponent to said Charles Swain, and secured by a mortgage,” on a “negro man Tom,” on which mortgage execution has issued, and is now proceeding for said sum, is not due from deponent, this de- ponent having, at the maturity of said note, paid to the said “Swain” the sum of “ three hundred” dollars, which should be credited to deponent on said note, but has not ~ been allowed. “JNO. DAY.” Sworn to and subscribed before me, “ this 10th January, 1852.” “GEO. TRUTH, J. Z. C,, B10” FORM OF BOND OF DEFENDANT. Know all men by these presents, that “Bibb” Oauaty. we, “John Day,” and “James May,” se- curity, are held and bound to“ Charles Levy,” the Sheriff of said county, in the sum of “one thousand dollars,” for the payment of which to the said “Charles Levy,” or his assigns, we hereby bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, this “10th day of January, 1852.” The condition of this bond is such, that whereas, the said “ Charles Levy,” Sheriff, as aforesaid, has levied a mort- gage fi. fa. in favor of “ Charles Swain,” against the said “John Day,” issued from the Inferior Court of said county, 236 LEGAL FORMS. upon a “certain negro, Tom, therein described;” and whereas, the said “John Day” has filed his affidavit denying the amount claimed in said fi. fa. to be due; and whereas, an order has been granted, under the statute, postponing the sale of said negro, under said mortgage: Now, if the said “John Day” shall return said negro, whenever called for by the Sheriff, then this bond to be void, else of full force. . ; “JOHN DAY,” [s. “JAMES MAY,” [ns. Tested by “JAMES TRUTH, J. P.” FORM OF ORDER POSTPONING SALE. “ Boob” Gounty. - + To the Sheriff of said County—Greeting : “ John Day,” the defendant in a mortgage ji. fa., issued from the Superior Court of said county, in favor of “Charles Swain,” having made affidavit before me that the amount claimed in said execution by said “Charles Swain” is not due, and owing upon the “note” secured by said mortgage, as required by law: You are hereby notified to postpone the sale of any property included in said mortgage fi. fa., and Jevied on by you, until a further order be granted in the premises, upon the said defendant in fi. fa., giving good and sufficient security for returning such property, as is re- quired by law. “GEO. TRUTH, J.J. C,, B. O” “Chambers, 11th May, 1852.” FORM OF MORTGAGE TO INDEMNIFY SECURITY. GEORGIA, “Bibb” County. I, “John Shaw,” for and in consider- ation of the sum of “ ten” dollars, to me Know all men by these presents, that in hand paid, the receipt whereof is hereby acknowledge d MORTGAGEA, 237 has granted, sold, and conveyed, and by these presents do grant, sell, and convey unto “James Day,” of said county, “a negro man, Joe, a mulatto, about the age of 25 years ;” to have and to hold said negro to the said “James Day,” his heirs and assigns forever: And I covenant for myself, my heirs, executors, and administrators, with said “James Day,” his heirs, executors, and administrators, that said “ neoro, Joe, isa slave born,” that “he is in sound bodily and _ mental health,” and that I will, and my heirs, executors, and administrators shall the said “negro” to the said “James Day,” his heirs and assigns, forever warrant and defend: Provided, nevertheless, that if the said “John Shaw” shall fally pay off and discharge a “certain note made by him,” and by said “James Day,” as security, of even date with these presents, dué “at twelve months ‘after date, for five hundred dollars,” and shall entirely absolve and save harmless the said “James Day” from all liability whatever on account of said “note,” then this conveyance to be void, else to remain of force. In witness whereof, I have hereto set my hand and seal, this “10th of June, 1852.” “JOHN SHAW,” [x.s.] RELEASE OF A MORTGAGE, Know all men that “I,” the within Hupp Oeunty, named “James Day,” in consideration of the full payment, by said- “John Shaw,” of the “note” herein described, do hereby remise, release, and relinquish unto the said “John Gray,” all the estate, right, title, claim, interest, or demand, which I have in the said “negro man, Joe.’ In witness whereof, I have hereto set my hand and seal, the day and year above written. “JAMES DAY,” [1s.] Test, “JAMES TRUTH, J. P.” 288 LEGAL FORMS. NATURALIZATION. on : OATH OF INTENTION. Be it remembered, that on the “ first “BILD Goutty, day of May, eighteen hundred and fifty,” ‘ in person came before me “ James McLaws,” Clerk of the “Superior” Court, in and for said county, (said Court being a Court of Record, entertaining common law~ jurisdiction and having a seal,) “ Patrick Doyle,” who, being duly sworn, deposes and says: that such is his name, that he was born in ‘‘Ireland, in the county of Armagh,” is about “thirty years of age, has black eyes, dark hair, and is of fair complexion ;” that he was born a subject of “Great Britain,” and his allegiance is due to “ Victoria, the reigning Queen ;” that he sailed from “ Lon- don, and landed at Savannah,” in said State, and that he has been an inhabitant of the “State of Georgia” ever since, and intends to settle in the State, and that he arrived at “Savannah on the first day of April, eighteen hundred and forty-seven :” And deponent declares, that it is bona jide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, poten- tate, State, or sovereignity, aud especially to the “kingdom of Great Britain,” of which he was lately a subject. “PATRICK DOYLE.” Sworn to and subscribed before me, “this 1st day of May, 1850.” “JAMES McLAWS, ©. 8. 6.” NATURALIZATION, 289 PETITION TO TAKE THE OATH. GEORGIA, To the Honorable the “Superior” Court “ Bibb * County, of said county. The petition of “Patrick Doyle” showeth: that on the “first day of May, in the year eighteen hundred and fifty,” he filed, in the office of the “Superior” Court of said county, his declaration, under oath, of his intention to become a citizen of the United States, and to renounce his allegi- ance to any other power whatever: And your petitioner shows, that he has resided “five years,” next before filing his application, within the United States, without having ever left the same, or been out of its territory, to wit: from the “first day of April, eighteen hundred and forty-seven,” until the filing of this application: And your petitioner further shows, that he is now “thirty years of age,” and that he prays to be admitted to take the oath of fealty and allegiance to the United States, and to be declared a subject and citizen of the same. : “PATRICK DOYLE.” “May Ist, 1852.” AFFIDAVIT OF CITIZENS. Before me came “ Edward Moor” and “Bibb Gaunty. ¢ “Julius Fair,” who, after being sworn, severally depose and say: that they have been well acquainted with “ Patrick Doyle” for the space of “five years last past,” during which time the said “ Patrick Doyle” has been a resident of the said State of Georgia; that during that time the said “ Patrick Doyle” has behaved himself as a man of good moral character, attached to the Constitution of the United States, and well disposed to the good order and happiness of the same. 3 “JULIUS FAIR,” “EDW’D MOOR.” ! Sworn to and subscribed before me, this “1st day of May, 1852.” “JAMES TRUTH, J. P.” 240 LEGAL FORMS. OATH OF ALLEGIANCE. GEORGIA, The “Superior” Court of said county, “Bibb” County. “ May Term, 1852.” I, “ Patrick Doyle,” do solemnly swear, that I do hereby absolutely, entirely, and forever renounce and abjure all allegiance and fidelity to every foreign prince, potentate, State, or sovereignty whatsoever, and particularly to “ Vic- toria, the reigning Queen of England;” and I do further swear, that I will bear true faith and allegiance to the gov- ernment of the United States, and to the utmost of my ability support and defend the Constitution thereof, and the Constitution of the State of Georgia: so help me God. Sworn to and subscribed in open Court, “this 15th May, 1852.” “ABNER P. POWERS,” Judge Superior Court, Macon Circutt. Brss Superior Cour, “ May Term, 1852.” It being shown to the Court that “ Patrick Doyle” has heretofore filed his declaration of intention to become a cit- izen of the United States, in conformity to the law, and that he has been a resident of the same for “ five” years, without having ever left the territory of the same, during which time he has behaved himself as a man of good moral character, attached to the Constitution of the United States, and well disposed to the good order and happiness of the same: and the said ‘‘ Patrick Doyle” having taken the oath of fealty and allegiance to the United Stales: It is ordered that the said “ Patrick Doyle” be admiited a citizen of the United States, and entitled to the privileges thereof, and that a certified copy of the judgment be fur- nished him by the Clerk of this Court. : “ May Ist, 1852.” PARTITION OF LANDS, 241 PARTITION OF LANDS. NOTICE OF APPLICATION. “ Bibb” ounty. To “Edwin Ray.” You are notified that I shall apply to the Superior Court, to be held in and for the said county, on the “second Monday in November next,” for a writ of partition, issuing out of said court, and directed to commissioners therein named, for the partition of “lots number three and four, in the second district of said county,” held by you, and myself, in joint tenancy, “JOHN DAY.” “ August Ist, 1852.” This notice must be served twenty days before court, and may be given to agent or attorney. Before me in person came “John Day,” who, being sworn, says: that he served a copy notice, of which the above is an original, on “Edwin Ray,” in person, this the “ first day of August, 1852.”- “JOHN DAY.” Sworn to and subscribed before me, “this Ist day of August, 1852.” “JAMES TRUTH, J. P.” 242 LEGAL FORMS, PETITION FOR WRIT. sipieb” County: To the Superior Court of said County. The petition of “John Day”: respectfully showeth : that your petitioner, and “Edwin Ray,” of said county, are joint tenants in fee simple, of “lot of land numbers three and four, in square three of the said county of Bibb, each of which lots contain two hundred and two and one-half acres.” And your petitioner having notified the said “ Edwin Ray,” as is required by law, prays the writ of partition in terms of the law, that partition may be made of said_“ two lots of land,” between him and the said “ Edwin Ray :” And your petitioner will ever pray, ete. “JOSHUA LAW, Pet's Aitt’y.” WRIT. In THE Superior Court oF sap County. To “ Louis Moor, Henry Snow, Jared ue GEORGIA, = Gray, William Baird, Jared May,” of said County. “ John Day” having prayed the court for the granting a writ of partition for the division of “lots of land number three and four, in the second district of said county of Bibb; which said “lots” are held in joint tenancy by him and “ Edwin Ray :” You, or a majority of you, are therefore commanded, and required, having first taken the oath prescribed by law, and given the parties interested, each eight days’ notice, of the time, and place, to proceed to make a just and equal parti- tion and division of such “lot” of land, either in entire tracts, or parcels, as you shall judge to be in proportion to the shares claimed, and most beneficial to the said joint tenants, to the best of your knowledge, choosing a surveyoi to aid you in discharge of such duties, if necessary : And your actings and doings in the premises return under PARTITION OF LANDS. 248 your hands and seals to the court, within three months after the date of this writ, there to remain of record. Witness the Hon. “A.P. P.,” Judge of said Court, this “12th day of November, 1852. % “HG R,, Ch. OATH OF COMMISSIONERS, eeerark Before me came in person “ Louis “Bibb” County. Moor, Henry Snow, Jared Gray, Wil- liam Baird, and Joseph May,’ who, being duly sworn, each depose, and say: that they will duly and impartially execute the within writ. “LOUIS MOOR.” “HENRY SNOW.” “JARED GRAY.” “WILLIAM BAIRD.” “JOSEPH MAY.” Sworn to and subscribed before a sn fis 1st day of December, 1852,” “JAMES TRUTH, J. This oath may be administered by the county surveyor. NOTICE BY COMMISSIONERS. GEORGIA, i ‘ ‘ “ Bibb” County. To “Edwin Ray. You will take notice that on the “ second day of Decem- ber next,” we shall proceed to execute a writ of partition, commissioning us to make division of certain “ lots” of land therein described, now held in joint tenancy by “John Day,” and yourself. “LEWIS MOOR.” “HENRY SNOW.” “JARED GRAY.” “WILLIAM BAIRD.” “ JOSEPH MAY.” | “95th November, 1852.” Hight days’ notice of this partition must be given. 244 LEGAL FORMS. RETURN, “ Be Gaunty: To the Superior Court of said County. The commissioners appointed by the court to make par- tition in “lots number three and four, in the second district of said county,” held in joint tenancy by “John Day” and “Edwin Ray,” after having been duly sworn, and having given “eight” days’ notice to the said “ Edwin Ray” and “John Day,” proceeded to execute said writ of partition, on the “second day of December,” last past. They employed “James Ellis” as surveyor, and, upon survey, they found that each of said Jots contained “two hundred and two and a half acres,” as appears by the annexed plat of the survey, and that the “lots” are of about equal value. They have, therefore, assigned “lot number three” to the said “Jobn Day,” and “lot number four” to the said ‘Edwin Ray,” which partition they judge to be in proportion to the shares claimed by said parties, and most beneficial to them. The service occupied “ two days.” Given under our hands and seals, this “ 5th day of De- cember, 1852.” “LOUIS MOOR,” [us.] “HENRY SNOW,” [us.] “JARED GRAY,” re) “WM. BAIRD,” — [us. “JOS. MAY,” LS. Filed in office, “ December 5th, 1852.” “ALG. R., Ck, Sup. Court.” TRAVERSE OF RETURN—TO BE FILED IN ONE YEAR. And now at this, the ‘May Term, 1853,” of the Supe- ior Court of the county of “ Bibb,” comes by “ Joshua Law,” his attorney, the applicant for partition, “ John Day,” and says: that the division, or partition, made by the com- missioners appointed thereto, between him and “ Edwin PARTITION OF LANDS. 245 Ray,” should not be made the order and judgment of the court, because he says, that the said “Edwin Ray” is not entitled to the part or portion assigned to him by the said return of the commissioners; and of this he puts himself upon the country, ete. “JOSHUA LAW,” The condition of the above obligation is such, that where- as, said “John Shay,” on the “third day of this present month,” made his affidavit before said “ James Truth,” Justice as aforesaid, that a negro “ man named. Sam, about thirty years of age,” and to whom said “John Shay” dona Jide claimed a title, having been recently in the quiet, and. peaceably, and legally acquired possession of deponent, was, on the “first day of the present month,” in said county, taken and carried away from the possession of deponent, by fraud, violence, seduction, or other means, without deponent’s consent, and was, as deponent believed, harbored, received, or taken possession of, by one “James May,” under some pretended claim, or claims, without legal warrant, or au- thority : ; _ Upon which affidavit the said “James Truth,” Justice of the Peace, as aforesaid, issued his warrant, as the law pro- vides, under which. the said “James May,” and the said “negro Sam,” were “to-day” brought before the said Justice, and after hearing the evidence as to possession of said negro, it was decided and determined, by the said Justice, that the possession of said “negro” should be de- - livered to said “ John Shay,” as entitled tothe same. Now, if the said “ John Shay” shall cause the said “negro Sam ” to be produced, and torthcoming, to answer any judgment, execution, or décree, that may be had, issued, or made, upon such suit, or action at law, or in equity, as the said “James May” may commence, or prosecute, within the next four years, touching said “negro,” then this bond to be void, else of full force. : -.“JOHN SHAY,” = [xs. “ROBERT HILL,” [us. Tested by “JAMES TRUTH,” J. P. POSSESSION OF LAND -AND PERSONALTY. 271 ORDER OF COURT WHEN -PARTY TAKING OUT THE WAR- RANT REFUSES OR IS UNABLE TO GIVE SECURITY. “ Having heard. the evidence in a summary way as to the _ possession of the “ negro Sam,” and decided that the said ne- gro should be delivered to “John Shay,” the party upon whose complaint the warrant for the possession of said-“ Sam” issued, upon the said “John Shay ” giving bond and security” according to law; and the said “John Shay.” being unable to give such security, it is ordered that said “ negro Sam,” be delivered to the possession of said “James May,” the defen- dant in said warrant, upon his giving the bond and security required by law. FORM OF RECOGNIZANCE WHERE THE PARTY, TO’ WHOM THE COURT DECIDES THE POSSESSION TO BELONG, IS UNABLE, OR UNWILLING, TO GIVE SECURITY. : Be it remembered that we, “James opibh Coanty. May,” and “ Louis Fair,” security, here ' before “ James Truth,” a Justice of the Peace, in and for said county, do acknowledge ourselves to be indebted to “John Shay,” of said county, his heirs, executors, and administrators, “two thousand” dollars, for the payment of which we hereby bind ourselves, our heirs, executors, and administrators, firmly by ‘these presents. Signed, sealed, and dated, this “ 4th day of May, 1852.” _The condition of this obligation is such, that whereas, said “John Shay,” on the “third day: of this present month,” made his affidavit before said “James Truth,” Justice as aforesaid, that a “negro man named Sam, about thirty years of age,” and to whom said “John Shay ” bona Jide claimed title, having been recently in the quiet, and legally, and peaceably acquired possession of said deponent, was, on the “first day of this present month,” in said county, taken «nd carried away from the possession of de- ponent, by fraud, violence, seduction, or other means, without deponent’s consent; and was, as deponent believed, harbor- ed, received, or taken possession of, by said “James May,” 272 a oe LEGAL FORMS. eis By ‘under some pretended claim, or claims, without legal warrant or authority : _ Upon which affidavit, a warrant was issued by said oe Suites Truth,” Justice of the Peace, as aforesaid, under which, both the said “James May,” and the said “ negro Sam, ” were brought before the said “James Truth;” and it was decided by said J ustice, that the said “ John Shay ” was entitled to the possession of said “negro ;” but the said “John Shay” having been unable to give the recognizance, with security, required by law in such cases ; and in default, said Justice having ordered said “ negro- ‘Sam” to be deliver- ed to said “James May” upon his complying with the requisitions of the statute: Now, if the said ‘‘ James May” shall cause the said “negro Sam” to be produced, and forthcoming, to answer any judgment, execution, or decree, that may be had, issued, or made upon such suit, or. action at law, or in equity, as the said “John Shay” may com- mence, or prosecu-e, within the next “four years,” touching said “negro,” then this recognizance to be void, else of full force and effect. “JAMES MAY,” [us. “LOUIS FAIR, [us Tested by “JAMES TRUTH,” J. P. a The folowing order may be made when the Justice or Judge is satisfied that the property is in possession, power, custody, or control of defendant, or any agent, or friend, acting for him, or entrusted with it for him, and the defen- dant will not produce such property. No person can be committed for refusing to produce any property under the act where the property is proven to have been in the possession, (quiet and peaceable,) of defendant for four years before the issuing of the warrant. POSSESSION OF LAND AND PERSONALTY. 278. FORM OF COMMITMENT, x See To the common Jailor of said county. Whereas, a warrant issued on the third day of this month, at the instance of “John Shay,” against “James May,” charging him with the unlawful possession of a “negro man named Sam,” to whom said “ John’ Shay” claimed title, and directing the said “James May,” and the said “negro Sam,” to be brought before me; and the said “James May ” having been brought before me, it appearing that the said “ negro man Sam,” is in the possession, cus- tody, and control of the said “‘ James May ;” and the said “James May ” refusing to produce, or to cause to be forth- coming, the said “ negro Sam,” to be dealt with as the law directs : You are, therefore, hauiy: commanded, to commit the said “ James May ” to the common jail of said county, and him there to keep in safe and close custody, without bail, or mainprize, until the said “negro Sam,” shall be produced, or forthcoming, to be disposed of as the law directs. Signed and sealed, this “4th day of May, 1852.” “JAMES TRUTH,” J. P., [us] \ 13 274: LEGAL FORMS, RAILROADS, PUBLIC AND PRIVATE ROADS, &e. ae NOTICE TO COMPANY UNDER ACT OF 1852. To the agent at Macon, of transpor- tation of “Macon and Western” Railroad Company. You are hereby notified that within the last fifteen days, to wit:—on “the first day of May last,” you damaged the subscriber by “ killing a cow,” the property of the subscri- ber,of the value of “twenty-five” dollars ; said cow being killed by the running of the locomotive and passenger train at- tached, over the road of your company at eight oclock of the morning of said “ first day of May, at or near the fourth mile stone, from the city of Macon” on said road; and that I, the subscriber, desires the damages for such killing may be legally assessed. You are hereby required by agent or attorney, or jn ' person, to appear at the Justice’s Court ground, in the “ thou- sandth district, G. M., by ten o’clock, A. M., on Thursday next, the seventeenth day of May,” then and there to show cause, if any exist, why the damage shall not be assessed according to law : this “14th day of May, 1852.” “JOHN DOE.” GEORGIA, “Bibb” County. This notice may be directed and served upon any officer of the company within fifteen days after the damage, and must be served at least ten days belore the hearing. Exe- \ RAILROADS, ROADS, &C. 275 cution must be advertised fifteen days before sale. The complainant may himself swear to the damage, after first proving by another witness that he can in no other way make out his case. The company can appeal by filing affidavit of aie officer, or Attorney, that the amount is not due, and. pay- ing costs. Where the damages are not over thirty dollars, the pro- cess is in Superior or Inferior Courts. When owner is absent, agent may institute preceedings. WHERE PERSONS INJURED BY PUBLIC ROADS. Petition of Party Injured. “ Bibb” County, To the Inferior Court of said county. The petition of “Jonas Green,” shows that he is aggrieved and injured by reason of a public road being laid out from the “city of Macon to the county line between said county and Houston,” through lands of the said “Jonas Green,” both inclosed and uninclosed, being the land on which said “Jonas Green at present lives.” Wherefore, your petitioner prays that a warrant may issue, and assessment made, in the manner provided by law, for the damages he has sus- tained by reason of the laying out said ‘road. “JONAS GREEN.” “May Ist, 1852.” GEORGIA, To “Charles Levy,” Sheriff of said “Bibb” County. county. “Jonas Green,” of said county, having applied to us for 276 LEGAL FORMS. process to assess, according to law, the amount of the dam- ages which he alleges that he has sustained -by reason of laying out a public road through the lands of said “ Jonas Green,” from the “ city of Macon,” to the “line between the counties of Bibb and Houston :” You are hereby commanded to summon a jury of free- ‘holders, who shall bé sworn to assess the damages sustained by the said “Jonas Green,” by the laying out said road as aforesaid, and a true inquisition thereof to make, and return to the Inferior Court next, to be held in and for said county,’ that justice may be done. Witness our hands and official signatures, “ this Ist May, 1852.” 4 “JOHN SLOW,’ AL. C. “LEWIS DOE,” J. 1. @. The Sheriff is required to return the damage so assessed to the next Inferior Court, who may either order the amount paid or may change the road. NOTICE OF INTENTION TO APPLY FOR PRIVATE WAY. _ “Babe Gout. To “ Lewis Small.” You will take notice, that at the next term of the Inferior Court, of the said county, I shall apply to said Court to have commissioners appointed to lay out a private way from my land, in the “second ” district of said county, on which I am now living, through your lands to the public road be- tween Macon and Forsyth, to view and mark out said, road if in their judgment it may be necessary. “GEORGE MEANS.” RAILROADS, ROADS, &C. Qu ORDER OF THE COURT. . “Brsp” Inrerior Court, June Term.” Upon the application of “George Means,” for a commis- sion to lay out a private way between the home farm of said “George. Means,” in the “second” district, of said county, and the public road from the’ “city of Macon and. the town of Forsyth,” through the lands of “ Lewis Small,” and notice having been given as required by law to the said “Lewis Small :” fe : It is on motion ordered that “ Henry Low, Edward May, Robert Ray, and Thomas Taylor,” be and they are hereby appointed commissioners of said private way, and that, they, or a majority of them, be authorized to view and mark out said road if in their judgment it shall be necessary, (being first sworn, truly, faithfully, and impartially, to discharge their duties,) and shall make their return within thirty days after their appointment. The notice to the parties in interest, must be served twenty days’ before the Court. , / The return of the commissioners is only for the informa- tion of the Court. It is the privilege of any party interested to except to the report in any particular—and the Court, after hearing the description, may lay out the way as they think proper, without reference to the return. PETITION OF THE PARTY INJURED, TO HAVE THE DAMAGES ASSESSED. - “Wand? Goutty. To the Inferior Court of said county. The petition of “Lewis Small,” shows. that he will be injured, and his property damaged, by the laying out a pri- vate way, according to the order of the Court, through : the’ land of your: petitioner, at the application of “George Means.” Wherefore, your petitioner prays that a jury may be drawn, and his damages assessed according, to the pro- visions of the statute; “August Ist, 1852.” e LEWIS SMALL.” 278 LEGAL FORMS. ~ On this application, eighteen Jurors are drawn from the Grand Jury box, twelve of whom may form a Jury. ‘The Sheriff summons them to meet and view the road, within twenty days from the time of receiving the service, giving the Jurors eight days’ notice. OATH OF JURORS, “You do solemnly swear, that you will well and truly deter- mine the damage sustained by “Lewis Small” from the private way of “ George Means” passing through his lands, and a true verdict give—so help you God. ° The verdict is returned to Inferior Court. ABSTRACT OF THE ROAD LAWS. N All male white inhabitants, and all mulattoes, free negroes, . and male slaves, from 16 to 45 years of age, are subject to road duty, and must appear with proper implements, as ordered by the overseer, ready to perform it, under penalty of a fine of from one to three dollars per day, for each per- son neglecting to do so. ; _ The Inferior Court of each county has power to establish bridges and ferries, and regulate the rate of toll, to lay out districts, and new roads, and alter old ones; also they are to appoint road commissioners, (one of whom is a Justice of the Peace,) also to-fill any vacancies that may occur by death, ke. The commissioners, or a majority of them, are to issue executions against defaulters, directed to any lawful con- stable of the district, unless satisfactory excuse be rendered RAILROADS, ROADS, &0. 279 under oath in twenty days. One-half of this. fine money goes to the overseer, and the other to the Inferior Court, to, be applied to building bridges, d&c. The commissioners are liable to a fine of sixty dollars for failure or neglect to per- form their duties, to be imposed by the Inferior Court, and after information lodged with the Court of such neglect, and notice of the fact served on the commissioners, unless satis- factory excuse be. offered in thirty days, they can order the - clerk to issue execution for the amount of the fine above stated. The commissioners are to appoint one or more overseers in each district. The overseer is to Summon all persons subject’ to toad duty, giving them three days’ notice, and he is to keep the hands: at work not more than five days at one time, or fifteen days during the year, unless in cases of emergency, (when the roads become impassable he ean call them out at any time.) The overseer neglecting his duty, after notice -of his failure from. the commissioners; is subject to a fine of $20, and liable to an action for damages to any person in- juréd by their failure to keep the bridges over small water courses, low grounds, &c., in repair. It is also made the duty of the overseer to measure the roads, set up mile- posts, finger boards, crossing boards, ée., and for a failure to do so forfeits $20 fine ; he can use timber (except board and shingle trees) to repair the roads when necessary. The owner of the slaves is to give a complete list of those subject to duty to the overseer, when summoned, under a penalty of $3 for each one left off. Common roads are to be 20, market roads 30, and cause- ways 16 feet wide; all roads laid out, or bridges estab- 280 LEGAL FORMS. lished by, the Inferior Court or Legislature are public roads and bridges, except private toll bridges or ferries ; the owners of the latter are liable for any insufficiency of the flat-boat, &e., and the toll can be regulated by the Superior Court, and there must be a board showing the rate of toll, or it will be forfeited ; $80 dollars fine is imposed (if a negro, 39 lashes,) for defacing mile-posts, finger-boards, &e. Any one obstructmg a road is to be fined $20, collectable by warrant from any Justice of the Peace, subject to appear at the Su- perior Court. If any bridge requires repairing, notice can be given by any commissioner to the undertaker, or one of his securities, stating repairs necessary to be made, and requiring them to be made in a reasonable time, (to be set forth in the notice,)- and if they are not done they may employ some one else to do the repairs, and issue execution against the undertaker and his securities for the amount. When bridge is over water course between two counties there are. to be joint- commissioners, and the expenses to be shared between them. Railroads are to keep up the notices “look out for the engine,” c&c., over all public roads ‘under a penalty of $50 per day. They are to keep in repair all roads when they cross them; their hands are not subject to road duty upon payment of $1 per day ; persons engaged in transportation, &e., are not subject upon paying $4 per annum. There can be no ferry established at the county bridge ; the owner of both banks can establish a ferry, but must not charge unreasonable fees, and must not obstruct a pub- lie ford. SCIRE FACIAS. 281 SCIRE FACIAS. Scire Facias against bail need not be served on - principal. The time of serving is twenty days before return. The death of the principal between return ofthe ca. sa. and final judgment, discharges the bail. For exoneretur see title Bail. FORM OF SCIRE FACIAS AGAINST BAIL. “Babb” Gouty. >” ‘To the Sheriff of said county. Whereas, at the “July Term, eighteen: ‘hundred and fifty-one, of the Superior”. Court of the said county and State, “ John Gray ” instituted his action of “ debt” against * Joseph Lea,” founded on a “ promissory note of said “Lea,” for one thousand dollars ;” and upon which action, the said “John Gray” made his affidavit, prior to the issuing ofthe same, requiring bail under the provisions of the statute. And whereas, “Edward Lea,” of said county, became the security of the said ‘‘ Joseph Lea,” on the bail process issued thereupon, and entered into a bond with the said « Joseph - Lea,” signed and sealed with the hands and seals of the said “Joseph Lea,” and the said “ Edward Lea,” having. date. on the “ tenth day of June, eighteen hundred and fifty-one,” the condition of which bond is as-follows :— “ That whereas, the said Joseph Lea has been arrested at the suit of John Gray, and required to. give bail in an 13 282 LEGAL FORMS. action of debt in favor of the said John Gray, against the said Joseph Lea, returnable to the July term, eighteen hundred and fifty-one, of the Superior Court of said county of Bibb:, Now, if the said Joseph Lea shall well and truly be, and appear, to abide by, do, perform, and satisfy the final order and judgment of the Court, in said action, then this bond to be void, but else of full effect,” (which bond is here now to the court shown.) Upon which said action of “ debt,” a judgment was en- tered at the “May term, eighteen hundred and fifty- two,” in favor of the said “John Gray,’ against the said “ Joseph Lea,” for the principal sum of “ one thousand ” dollars, with interest thereon, from the “ first day of January, eighteen hundred and fifty-one,” and costs of suit. And whereas, the said “ Joseph Lea” has not appeared to abide or satisfy the final judgment of said Court in said cause ; but a “capias ad satisfaciendum has been issued in said cause upon the judgment, and_the Sheriff of said county has made his return on said “ capias,” (as will appear by refe- rence thereto,) that the defendant, “Joseph Lea,” is not to be found in his bailiwick. ; “ Now, you are hereby directed to make known to the said “ Joseph Lea,” and -“ Edward Lea,” that they be. and appear, at the Superior Court, to be held in and for said county, “on the second Monday in November next,” then and there to show cause why judgment should not be en- tered on said bond against the said “ Edward Lea,” for the principal, interest, and cost, of the judgment aforesaid. ' Witness the Honorable “ A. P. P.,” Judge of said Court, this “ 1st day of May, 1852.” “H. G ROSS,” Clerk, S. C. BCIRE FACIAS BY THE ADMINISTRATOR OF PLAINTIFF, ‘i one To the Sheriff of said county. .\ ‘Whereas, “ John Day ” instituted his action of “debt” - against “ Thomas May,” returned to the “January Term, SCIRE EKACIAS. 283 eighteen hundred and fifty-one, of the Superior Court of Bibb.”’ County for the sum of “four hundred” dollars, on an Be CoMHl alledged to be due him by the said “ Thomas May ;” and afterwards, and before judgment on said cause, he aa “John Day ” died intestate: And since his death, “James Day,” of said county, was appointed administrator upon his estate “ by the Court of Ordinary-of said county,” letters of administration being granted to him, dated the “ first day of September, eighteen hundred and fifty-one,’ which are.now ready to be-shown to the Court: And whereas, it has been to said Court shown, by the said ““James Day,” and appears of record in the proceedings of said Court, that the said action is still pending, and in no. way disposed of: Now, we hereby command you, that you make known to the said “Thomas May,” that he be, and appear, at the next Superior Court, to be held in and for said county of “ Bibb,” on the “ second Monday in May- next,” then and there to show cause why the said “ James Day.” should not be made,a party plaintiff in said cause, as administrator of the estate of. “John Day,” deceased, and the said cause proceed to final judgment in the name of said “ James Day,” as aforesaid. Witness the Honorable “ A. P. P.,” Judge of said Court, this “ Ist December, 1852.” “H. G. ROSS,” Clerk, SCIRE FACIAS TO MAKE ADMINISTRATOR OF DEFENDANT PARTY. - . GEORGIA, To the Sheriff of said county— “Bibb” County. Greeting. “Whereas, a John Gray ” instituted’ his action of “ as- sumpsit ” on a‘ * promissor, y note, for one thousand dollars,” against “ Robert Snow,” returnable to the “ January Term, eighteen hundred and_fifty- -one, of the {Superior Court of said county,” which action is still pefding, and uncon- cluded, as appears bythe records thereof in said Court; and afterwards the said Robert Snow ” died, intestate + 284 LEGAL FORMS, after whose death, administration was granted-to “ William Snow,” of the said county of Bibb, in due form. of law, on “ the-first day of February, eighteen hundred and fifty-one,” and whose. letters of administration are now here to the Court shown. . . i You are hereby commanded to make known to the said “ William-Snow,” administrator as aforesaid, that he appear at the “ Superior ” Court, to be held in and for said county, on the “second Monday in May next,” then and there to, show cause why the said action of “ assumpsit,” in favor of said “John Gray,” against the said “Robert Snow,” de- ceased, should not be continued and brought to final judgment against him, the said “ William Snow,” as the administrator of said “ Robert Snow,” deceased. - Witness the Honorable “ A. P. P.” Judge of said “ Supe- rior ” Court, this “1st March, 1852.” 5 ; “H. GB,” Olerk. When the defendant lives out of the State, publication monthly for four months,in public gazette, is sufficient notice. ORDER TO MAKE PARTIES. vs. “Jan. Term; 1851,” of the “Su- “ROBERT SNOW.” ) perior” Court of “Bibb” County. -It appearing to thé: Court that, since the institution of this cause, the defendant, “ Robert Snow,” has died intes- tate, and that “ William Snow” has been duly appointed the administrator of said “ Robert Snow,” and has been sery- ed with a scire facias, as required by law, to show cause why he should not be made defendant to said case; and no cause having been shown :— It is ordered, that “ William Snow,” administrator of said * Robert Snow,” deceased, be made defendant in said action and that the same do proceed against him, as administrator as aforesaid. _ “JOHN GRAY,” “Assumpsit” returned to the : SCIRE FACIAS. . 285 TO REVIVE JUDGMENT. GEORGIA, To all-and singular, the Sheriffs of “Bibb” County. (- said State. Whereas, at the “ May Term, 1840,” of the “Superior” Court of | said county, “ Charles Lee” instituted an action of “ assumpsit ” against one “ George Tone,” defendant, of said county, and at the “ November Term, 1840,” of the said Court, obtained a judgment on said action, in his favor, for the sum of “one hundred” dollars, principal, and “seven dol- lars,” interest, with interest on the principal sum from the “first day of Tune, 1840,” till paid, and the further sum of - “twelve dollars and fifty “cents,” costs of said action. And, whereas, said judgment remains entirely unsatisfied, and the Jiert facias issued upon the same, having had no entry made upon it by any proper officer within seven years, as provided "by law, and by the failure to have such entry made, having lost its lien and become dormant. You are hereby required to notify said defendant, twenty days before the next term of said Court, to be and. appear at the next Superior Court for said county, on the “second ” Monday in “ May ” next, then and there to show cause, if any he has, why said "judoment should not be. revived, and an execution issued upon the same. Witness the Honorable “ A. P. P.,” Judge of said Court, the “Ist day of April, 1852.” “H. G. R.,” Clerk. JUDGMENT ON THE SCIRE FACIAS. “ Brps Superior Court, May Term, 1852.” It appearing to the Court that a scire facias was duly is- sued by, the clerk of this Court, dated the “1st of March, 1852,” at the instance of “ Charles Lee” against “ George Tone,” seeking to revive a judgment obtained by the said “Charles Lee” against the said “George Tone,” at the “May term, 1840,” of said Court, for the principal sum of 286 LEGAL FORMS. “tone hundred” dollars, “seven” dollars interest, with in- terest on the principal from the “1st day of June, 1840,” and “twelve” dollars cost: And a copy of the same having been duly. served on the said defendant, and no cause being shown to the contrary, and it appearing from the record in said case that such judgment was regularly obtained, and the whole of said amount thereof is still due and unpaid: oe It is therefore ordered and adjudged by the Court that the said “Charles Lee” be entitled to have the said judg- ment revived and renewed under the statute in such cases made and provided, and that the clerk of this Court issue anew ft. fa. for the principal, interest, and cost aforesaid, and the further sum of “54%,” dollars, the cost of this proceeding. This “20th May, 1852,” ON APPEAL. When party dies between judgment and before the expiration of the time allowed by appeal, the legal repre- sentatives may enter appeal on such cause within four days after qualification, giving notice as follows :— = eee GAY, . Trover in “Bibb Superior tt ROBERT RAY.” Court to Nov. Term, 1852.” Defendant or his counsel will take notice that the said “ George Gay” having died after trial of said cause, but “before the expiration of the time allowed for entering appeal thereon; that I having been qualified on the “ 10th of June, 1853,” as “ Administrator,” on the estate of said “George Gay,” proceeded to enter an appeal in said cause within- four days after such qualification ; and said cause now stands on the appeal for trial. : “LEWIS GAY,” Administrator, dc. No scire facias is necessary; but the noticé must be SETTLEMENTS ON MARRIED WOMEN. 287° sérved within thirty days after. the appeal is. entered. Twelve months must elapse after the qualification | of the "Tepr esentative before such an: appeal, if entered by defendant, is in, order for trial. - SUGGESTION OF DEATH. “ JOHN .DAY,.” vs. “ May Term, 1851.” “THOMAS MAY.” The plaintiff, by Attorney, comes now in open Court, and. suggests the death of “Thomas May,” defendant in said cause. This “ 20th May, 1851.” SETTLEMENTS ON MARRIED WOMEN. GEORGIA, “Bibb” County. be had between “James Rose and Ellen Hays,” and. it having been agreed by said parties, upon the treaty of such marriage, that the separate property of the said “ Ellen,” consisting _of “ten negroes, Jim, Henry, Louis, Frank, Larry, Jane, Fanny, Low, and Mary,” should be secured to her use, in manner and form as is hereafter set out: Now this swpewrurz had, made, and entered. into, this the “tenth day of June, eighteen hundred and fifty- two,” between “James Rose,” of the first part, “Ellen Hays,” of the second part, and “Hugh Law, and J. oseph Neal,” of the third part, “all of said county : ” Whereas, a marriage is shortly to- 288, 6 “EEGAL FORMS. Wirnessera : that the said “ Ellen Hays,” in considera- tion of the premises, and by the consent of the said “James - Rose,” testified by his signing and sealing these presents, and in consideration of “one dollar,” to her.in hand paid, has granted, bargained, sold, and conveyed, and by these presents doth grant, bargain, sell, and convey, unto the said “Hugh Law, and Joseph Neal,” trustees, the said above described “ten negroes, and the increase of. the females of them.” To have and. to hold, said bargained slaves, to the said “Hugh Law, and Joseph Neal,” or the survivor of them, and the successor of such survivor, but, nevertheless, upon .the trust, and for the uses and purposes hereinafter set.out- —that is to say, that the said “ Ellen Hays” shall,-during | her life, or such person as she shall by will appoint after her death, or, if she shall die without making any will, then her administrator, or administrators, shall have, hold, use, and enjoy, the said negroes, and all the produce, profits, hire, or benefit thereof, as a separate and distinct estate from the estate of the said "« James Rose,” and in no wise to be liable for any debt, contract, or obligations of the said “ James Rose :” And the said “J ames Rose,” for himself, his heirs, executors, and administrators; doth covenant with the said “ Hugh Law, and Joseph Neal, ” that the said “Ellen” may, by will properly executed, or by other wri- ting, as hereinafter set out, sell, limit, convey, and absolutely dispose of, the “ said negroes,” or any of them, or the “in- crease of the females,” for any use, trust, or other person what- soever: And that the said person, or persons, to whom said property is, by such will, or other writing, so limited as afore- said, or sold, and conveyed, shall peaceably have, and keep possession of said property, so to them conveyed, or limited, without let, or hinderance, from the said “James Rose,” his heirs, executors, or administrators: And, also, that the said “ Hugh Law,” and “Joseph Neal,” shall have full power, and authority, after said marriage shall take place, to com- mence any suit, or action at law, or in equity, in the names of the said “ James Rose,” and the said “Ellen Hays,” his intended wife, against any person, or persons, for the re- covery of any sums of money due on said separate estate, SETTLEMENTS ON MARRIED WOMEN, 289 or in and about any other thing, necessary for the better Diaintenance, support, profit, and good. order, of such separate estate: And that the said “James Rose” will not release, discharge, dismiss, settle, or interfere, with any’ suit, or suits, so pending, either at law, or in equity, with- out ‘the express license of the said trustees thereto first ob- tained in writing’; but that he will avow, continue, and prose- cute, all such actions in the name of himself, and the said “Ellen,” his intended wife; and that he will join his wife in any ‘discharge, release, or acquittance, which may be de- sired by said trustees in and about the premises: And further, that he the said ‘James Rose” will do, and per- form, all such other things, for the better settling, securing, and_teceiving, the-said separate estate-of thesaid “ Ellen,” its hire, or profits, as may be required by said trustees, or by their counsel learned in the law. And the said “Hugh Law,” and “Joseph Neal,” do covenant for themselves, their heirs, excecutors, and adniin- ‘istrators, with the said “James Rose, and the said Ellen Hays,” his intended” wife, severally, and not jointly, and with their several executors, administrators, and assigns, that they the said “ Hugh Law,.and Joseph Neal,” will truly and faithfully perform, all and singular the trusts. herein’ contained, to the best advantage: of ‘all’ concerned :- And further, that they will, from time to time, render to said “ James Rose, and Ellen Hays,” their heirs, executors, and administrators, or assigns, a full, fair, and accurate ac- count of all their actings, doings, and oelings in regard to their trusteeship of said separate estate :— Provided, always, that it shall, and:i inay be lawful, for the said: “ Hugh Law,” and the said “ Joseph Neal,” ‘and the survivors of them, or any trustee appointed by virtue of these presents, at any time during the “life of the said Ellen,” by the consent or approbation of: the said “ Ellen,” testified by any writing, under the hand and seal of said “Ellen,” in the presence of two witnesses, to sell, and con- vey, any part, or the whole of said separate estate, to such person, or persons, as they may see proper, and at such « price as they may deem reasonable, and just; or the same to exchange for such other property as they may consider 290 LEGAL FORMS, ars most for the interest of said estate; and that the receipt of _ the said “Hugh Law,” or the said ‘‘ Joseph Neal,” or any _ other properly-appointed trustee, under these presents, shall be a full discharge, and aquittance, to the said purchaser, of any part, or portion, of such separate estate, for so much of the purchase money thereof as is expressed by said re- ceipt to have been paid, and received, and that spch pur- chasers shall not be compelled to see to the application of the same, nor shall be liable for any loss, misapplication, or ‘non-application of the same, nor of any part thereof : “Provided, nevertheless, that when any part, or portion of said separate estate, is-sold as aforesaid, the sum, or sums of money arising from the sale thereof, shall be, with all convenient speed, laid out and expended by the said “Hugh ‘Law, and Joseph Neal,” or such other trustees as may then exist by ‘the provisions of this settlement, in such other property, of any kind, or description, real or personal, as may seem to such trustees most for the interest of said estate, the consent of the said “ Elleu Hays” to the said re-invest-" ment, under her hand and seal, and in presence of two credible witnesses, having been first obtained; and said property so acquired, as aforesaid, shal] be settled, conveyed, and assured, upon such and the same uses, and to such and the same ends, intents, and purposes, and under and subject to, the same powers, provisions, and limitations, as are by these premises limited, expressed, or declared, of and con- cerning said separate estate, so hereinbefore limited, and settled, as aforesaid, or as near thereto as the death of per- sons, or other contingencies, will:permit. And it is hereby declared, and agreed, that in the case said “ Hugh Law,” the said “Joseph Neal,” or any other subsequently. appointed trustee, by virtue of these presents, should die, or desire to relinquish such appointment, as trustee, at any time before the execution and determination of the trusts herein contained, and during the coverture of the said “ James Rose,” and the said “Ellen Hays,” his in- tended wife, it shall, and may be lawful, for the said “James and Ellen,” as soon as may be, after the death of said trustee, or his desire of relinquishing said trust, to appoint some other person, a new trustee, instead of. said trustee so SETTLEMENTS ON MARRIED WOMEN. 291 -dying, or relinquishing, and so from time to time,‘so often as it may become necessary; and in all such cases the separate property, above conveyed,,as well as all moneys, choses in action, or other thing, arising therefrom, shall be forth with assigned, paid over, or transferred so, and in such manner, as that the same shall vest in the. said continuing or surviving trustee, and the said newly appointed trustee, . jointly ; or, if there shall be no surviving or éontinuing: trustee, then in such newly appointed trustees aforesaid, upon and subject. to such of the trusts hereinbefore limited and declared, as shall then exist, or be capable of taking effect, and the said newly appointed trustee shall, and may act in the execution, or business, of said trust, with the same power, and under the same limitations, and ‘regulations, as he might have done, had he been originally appointed trustee, under and by virtue of these presents. — And it is hereby agreed by the parties aforesaid, that the said “ Hugh .Law,” and Joseph Neal,” shall be allowed all reasonable charges in the premises, and that the separate receipt of the said “ Ellen Hays” shall bea full and complete discharge of all payments made to her by said trustees, or either of them, under and by virtue of the premises. In testimony whereof, said parties- have hereto set their hands, and affixed their seals, the day aud year above written. / “JAMES ROSE,” [1s.] ‘ _ ~“ELLEN HAY8,” [s- “HUGH LAW,” [us.] © . “JOS. NEAL,” L.8.| - Signed, sealed, and delivered, in presence of “JOHN JONES,” a «JAMES TRUTH, J. P.” Ss By this form, the property is settled strictly to the use of the wife, giving her, in fact, much the same authority over itas if she remained sole. Of course, this may'be varied by the intention of the parties; and that intention may be carried out unless its object: be “a perpetuity. It is be- lieved that the above settlement contains no covenant which 292 LEGAL FORMS. will ‘not be found useful, and often indispensable. They should, therefore, be inserted in every marriage settlement. To, give a form for every limitation which parties may desire, is impossible. Below, however, will be found a limitation of the property, which is, perhaps, as equitable and common as any other ; that is, to the use of the wife during her life, or of the husband, if he shall be the sur- vivor, and after the death of both, to their issue living, equally. This clause should be inserted after the words : “but, nevertheless, upon the trusts, and for the uses and purposes hereinafter set out,” in the above form. és FORM OF THIS SETTLEMENT. “That is to say, for the sole and separate use of the. said “Ellen,” during the joint lives of the said “ James Rose,” and his intended wife, the said “Ellen,” and after the death of either of them, then of the survivor, during the term of his or her natural life; and if either-of them shall die, leaving. no issue living by the other, then to convey said property to the survivor absolutely, and forever; or, if the issue of such marriage sball die, during the lifetime of such sur- vivor, then to the survivor forever: | And if the said “ James Rose, and Ellen,” his intended wife, shall both die, leaving issue living of the said marriagé, then in trust to convey said separate property to the said issue, living at the time of the death of the survivor of them, share and share alike.” And the said “ James Rose,” &c. : Marriage settlements must be recorded in three months from their date. SHERIFF, 298 SHERIFF. OATH OF SHERIFF. I do solemnly swear or affirm (as the case may be) that I will faithfully execute all writs, warrants, precepts, and: pro- cesses, directed to me as Sheriff of the county of and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of Sheriff of said county during my continuance in. office, and take only my lawful fees. So help me God. The oath is taken before Judge of the Superior or Jus- tices of Inferior Court, and the same entered on the minutes. SERVIOE ON WRIT——-BY THE SHERIFF, . have this day served the dlafondtant, ube com. ot John Jones,” with a true copy of the . within declaration and process “in per- son” (or by “leaving the same at his most. notorious place of abode.”) This “Ist of May, 1852.” “CHARLES LEVY,” sheriy o said county. 294- LEGAL FORMS, ACKNOWLEDGEMENT OF SERVICE BY THE DEFENDANT. Due and legal service acknowledged “Bibb” County. on this writ, and copy writ, process, copy process, and further service waived. “Ist of May, 1852.” : “JOHN JONES.” DEMAND FOR MONEY COLLECTED. GEORGIA, To “Charles Levy,” Sheriff of “EAB Comma: said County. vs. Principal, $100. Interest from “RICHARD RAY.” ) Jan. 1, 1851. Cost, $15. You are notified, and required, to pay over to me, at once the amount of money in your hands, collected by sale of the property of defendant, or, in default thereof, interest will be required of you, at the rate of twenty per cent per annum. “JOHN MAY,” PLF. “JOHN MAY,” ie fa. in “ Bibb Superior” Court. “ August 10th, 1852.” ¢ “Briss Superior Court, Nov. Term, 1852.” Personally appeared before me, in open court, “John May,” who, after being duly sworn, deposes and says: that on the “tenth day of August, eighteen hundred and fifty- two,” in the “city of Macon,” and said county, he served ~ the Sheriff of said county, the said “Charles Levy,” with the original notice, of which the above is an accurate copy. : “JOHN MAY.” Sworn to and subscribed before me, in open court, this “Ist day of Nov., 1852.” " “H. GR.” Clk Sup'r Court. RULE NISI AGAINST SHERIFF. vs., “ May term, 1852.” Principal, $100 “RICHARD RAY.’ ) Interest from Jan. 1, 1851, cost, $15. “JOHN MAY,” te Ja. in “ Bibb Superior Court,” at It being represented to the Court that the above stated ~ SHERIFF. 295 Ji. fa. has been in the hands of “ Charles Levy,” Sheriff of said county, long enough. to have made the money thereon, and that the said Sheriff has failed to make the same, or to pay it over to the plaintiff or his attorney: It is, on motion, ordered, that the said Sheriff show cause, enstanter, why he should not pay over said money on‘said Ji. fa. to the plaintiff, or his attorney, or, in default thereof, be attached for contempt of this Court. To this rule nisi the Sheriff should make his defence, if he has any, in writing, giving a full statement of ,the facts relied on for an excuse, why the money was not raised, &e. RULE ABSOLUTE. “JOHN MAY,” ) Fi. fa. in “Bibb Superior” Court. vs. Principal, $100. Interest from “RICHARD RAY.” ) Jan. 1, 1851. Cost, $15. : Upon hearing the answer of the Sheriff, “ Charles Levy,” to the rule nist, granted on the above stated fi. fa., ealling on him to show cause why he should not pay over the amount thereof, with interést-at 20 per cent per annum till paid, to the plaintiff, or his attorney, or be attached for contempt : . , oe It is ordered that the said Sheriff, “ Charles Levy,” do pay over at once the principal and interest, due wpon said ji. fa. to the plaintiff, in said fi. fa., or his attorney of record, or in default thereof, that process of attachment for contempt of this Court, do issue against him. After the rule absolute there has to be an attachment nisi, and then an attachment absolute against the Sheriff; the latter can be granted in vacation by the Judge if required. The rule nisi and rulé absolute may, however, be so drawn as to make a separate attachment nisi and attachment absolute unnecessary. 296 LEGAL FORMS. ATTACHMENT NISI. “Fi. fa. from “Bibb Superior Court,” “JOHN MAY,” | “May term, 1852.” Principal, $100. vs. Interest from Jan. 1, 1851, cost, $15. “RICHARD RAY.” | With interest from 15th May; 1851, at 20 per centum. It appearing to the Court that “Charles Levy” has not paid ‘over to the plaintiff or his attorney the principal, inter- est, and cost due upon the above stated fi. fa. as by the rule absolute of this Court he was ordered to do: It is, there- fore, ordered that said -“ Charles Levy” show cause to- morrow morning why process of attachment should not issue from this Court for his contempt aforesaid. ATTACHMENT ABSOLUTE ON THE BACK OF THE ATTACHMENT NISI. , It appearing to the Court that the above attachment has been duly served upon “Charles Levy” and he failing to show sufficient cause why the same should not be made ab- solute: It is, therefore, ordered by the Court that the clerk of this Court do issue an attachment absolute in terms of the law, under his hand and seal of office, committing the said “Charles Levy” to the common jail of this county for his contempt aforesaid, until the principal, interest, and cost on the same, be paid. The clerk thereupon issues and places in the hands of plaintiff the. process of the Court under which the body of the officer may be imprisoned until the debt and 20 per cent interest thereon is paid. 7 SHERIFF. 207 FORM OF THE PROCESS AGAINST THB SHERIFF. To “William Bone,” sheriff of said county; and to all and singular the sheriffs of said State-—greeting : ) Attachment absolute. %. Fi from i “ Bibb Superior Court, May Term ; aa MAY,” , 1852. Principal, $100. Interest 3 »{ ‘from Jan. 1, 1851. Cost, $15.” “RICHARD RAY? With interest from “August 10th, 1852,” at 20 per cent. Whereas, at the “ November term, 1852,” of the “ Bibb Superior” Court, a rule absolute was granted, attaching “ Charles Levy,” the “former” sheriff of said county, for ~ contempt of Court for failure to pay the: principal, interest, and cost of the above stated f..fa. over to the plaintiff or his attorney, and an attachment absolute having been en- tered thereon : You are therefore commanded and required forthwith to arrest the said “Charles Levy,” and him imprison in the common jail of said county, without bail or mainprize, until . he shall pay to the said plaintiff in fi. ft, or “P. and N,,” his attorneys, the sum of “one hundred” dollars principal; ; with interest thereon from the “Ist day of January, 1851,” to the “10th day of August, 1852,”.and “ fifteen.” dollars cost of suit, and-with 20 per centum interest on the whole amount so due on the said fi. fa., from the said “ 10th of August, 1852,” until paid; and all ‘the cost and char ges in- cidental to the i issuing of this attachment. Herein fail not. And return this writ, with your actings and doings there- on, to the next term of the “Superior” Court of said coun- ty, to be held on the “second” Monday in “ May ” next. . Witness the Honorable “ A. P. P.,” Judge of'said Court. This “10th day of December, 1852.” GEORGIA, “Bibb” County. | “HGR.” Clerk. iS 14 298 LEGAL FORMS. FORM OF LEVY BY THE SHERIFF—ENTERED ON THE FI. FA. I have this day levied the within fi. “ Bibb County. fa. on “lot of land number four, in the . third district” of said- county, as the property of the defendant, “ Richard Ray,” and have given “Edward Ryan,” who is in possession thereof, written notice of this levy. This “1st day of September, 1852.” “CHARLES LEVY,” Sherif’. NOTICE OF LEVY UPON LAND. “Bibb Ogunty. To “ Edward Ryan.” You will please take notice that I have this day levied an execution, issued from the “ May term, 1852,” of the’ “Superior” Court of the county of “ Bibb,” in favor of “John May,” against “Richard Ray,” on a “lot of land” in the “ third district of said county of Bibb,” known as lot number four, in said district,” of which you are in possession : And that I shall proceed to sell said “lot,” under said execution, before the court-house door of said county, on “the first Tuesday in October next,” after advertising the same according to law. “CHARLES LEVY,” Sheriff, Bibb Co. “September Ist, 1852.” AFFIDAVIT OF MORTGAGEE OF PROPERTY ABOUT TO BE SOLD AT SHERIFF SALE, « GEORGIA, “Bibb” County. May,” who, upon being duly sworn, de- poses and says : that he is the just and bona fide mortgagee of a “negro man, named Tom,” ad- vertised to be sold by the Sheriff of said county of “ Bibb,’ as the property of one “Edwin Hall,” the mortgagor, Before me came in person “John SHERIFF, 299 “under a fi. fa. in favor of Henry Moor, against said Edwin Hall,” on the “ first Tuesday in June next;”. that the said mortgage is still outstanding, and that, there is due to de- ponent, by the said “ Edwin Hall,” the full amount of “five hundred” doliars, to secure the payment of which, said mortgage was made: Deponent further’ says, that the said » mortgage was duly executed, and recorded, as required by law, and that he apprehends the loss of said “negro,” ” unless bond be-given in terms of the Act of 1830. “ JOHN MAY.” Bworn to and subscribed before me, “this 10th day of May, 1852," “JAMES TRUTH, J. P.” S FORM OF BOND. % Know all men by these presents, that we, “Maurice Doyle,” and “ Louis Doyle,” security, are held and firmly bound unto “John May,” of said county, his heirs, execiitors, and administrators, in the sum of. “two thousand dollars,” for the payment of which, well and truly to. be made, we hereby bind. ourselves, our heirs, executors, and admin- istrators, firmly by these presents: signed, sealed, and dated, this “ 4th day of June, 1852.” ie The condition of this bond is such, that whereas, the above bound “Maurice Doyle” became the purchaser of a “negro,map, named Tom,” at Sheriff’s sale, said “negro” ‘having been sold by the Sheriff of said county of “ Bibb,” under a ji. fa. in favor of “ Henry Moor,” against “ Edwin Hall,” as the property of the said “ Edwin Hall,” for the sum of “seven hundred” dollars; and whereas, the said “ John May” tendered to said Sheriff his affidavit, declaring that he is bona jide the holder of a mortgage made to him by said “Edwin Hall,” on the said.“ negro Tom,” on which is, still due the original sum of “ five hundred ” dollars, and which was executed, and recorded, according to law, and that he apprehended. the loss-f said property, unless bond was given, as provided by law: Now, if the said “ Maurice Doyle ” shall not move said -@PoRGIA, “ Bibb ” County. 300 LEGAL: FORMS. “negro, Tom,” out of the said State, but shall deliver said ‘negro boy” to said “John May,” his heirs, and-assigns, on demand made, after the foreclosure of said mortgage, _then this bond shall be void, else of full force and effect. “MAURICE DOYLE,” [us. “LOUIS DOYLE,” LB. Tested by “JAMES TRUTH, J. P.” AFFIDAVIT OF REMAINDER MAN, WHEN LIFE ESTATE 18 LEVIED ON TO BE SOLD. - Before me in person came “ Henry Low,” who, after being duly sworn, de- poses and says; that the life interest in a “negro boy, Bill,” has heen advertised to be soldaon the “first Tuesday in June next,” as the property of “ James Wall,” under an execution in "favor of “Levi Small,” against -said “James Wall,” by the Sheriff of said county of “Bibb;” that the said deponent i is entitled to the said “ negro Bill, ‘» after the termination of the said life estate of the said “James Wall,” in remainder, and that deponent apprehends the loss of said property, unless bond be given by the purchaser of said life estate, as is required by law. “HENRY LOW.” Sworn to and subscribed before me, this 610th day of May, 1852." “JAMES TRUTH, J. P. GEORGIA, “Bibb” County. FORM OF BOND OF PURCHASER TO REMAINDER MAN, Know all men by these presents, that wpibb” County. we, “Harvey Lane,” and “Joseph Lane,” security, are held and firmly bound unto “Henry Low,” in the sum of “two thousand dollars, for the payment of which, to the said “ Henry Low,” his heirs, executors, and administrator’, we bind ourselves, our heirs, executors, and administrators, firmly by these presents: signed, sealed, and dated, “ this 6th day of June, 1852.” SHERIFF. 301 The condition of this bond is such, that’ whereas, the above bound “Harvey Lane” has this day become the pur- chaser, at Sheriff’s sale, of a life interest in “a negro man, named Bill,” levied on and sold by the “Sheriff” of said county, as the property of “ James Wall,” under a j.. fa. in favor of “Levi Small,” against said “ James Wall;” and whereas, the said “ Henr y Low” had, before said sale, tendered to said Sheriff his affidavit declaring, that as re- mainder man he was entitled to said “negro,” after the termination of the life estate of the said “James Wall,” and that be apprehended the loss of said “negro,” unless bond was given, as required by law: Now; if the said “Harvey Lane” shall not. move said “negro, Bill,” out of said State, but shall deliver said “negro man” to the said remainder man, upon demand, made after the termination of said life estate, then this bond to be void, else to be of full force. “ HARVEY LANE,” [us. “JOS, LANE,” f. | Tested by “JAMES TRUTH, J. P.” This bond is to be filed by the Sheriff in the clerk’s office and may, at any time, be strengthened—i. ¢., new security ordered, upon application to the Superior Court, and ten days’ notice being given. 14* 802 LEGAL FORMS. ’ j SUPREME COURT. The-act approved March 5th, 1856, has made the man- ner of carrying cases to the Supreme Court exceedingly simple. If the facts be fully stated as they occurred in the progress of the case, plainly and succinctly, no formal de- fect would vitiate the pleadings. We give below an ap- proved form for the bill of exceptions, being the one gene- rally used :— BILL OF EXCEPTIONS. Bz iT REMEMBERED, That at the “May term, 1857, of Bibb” Superior Court, his Honor, “ Henry G. Lamar,” one of the judges of the Superior Courts in and for said State, then and there presiding, the cause of “ John Brown” against “William Sloan,” then and there pending upon the “ appeal ” docket in said Court, being an action of “ assumpsit” upon a “certain promissory note” for the sum of “two hundred ” dol- lars, given by the said “William Sloan” to one “Richard Faith- less,” came on to be heard on the “twentieth day of May, 1857:” And the plaintiff having announced ready, the said “-William Sloan” then and there moved to continue the said cause, upon the ground that one “ Francis Truth,” a material witness for the defense of said cause, was absent, and that he could not get along without his testimony ; that said witness was resident in the county, had been sub- peenaed, and was absent without his knowledge or consent ; and that he expected to prove by said witness that said note, SUPREME COURT, 803 the foundation of said action, had been ‘given by the said “ William Sloan” to one “Richard Faithless” for a certain. “bay horse,” which was warranted sound by him, and that said “horse” was, on the contrary, unsound and wholly worthless. All of which facts were made to appear, in evi- dence to said Court, by the oath of said “ William Sloan,” but the said motion to continue was overruled by the Court on the ground that the said evidence was not material to the issue, as the plaintiff took said note not subject to any equities .between the original parties to the said contract. To which decision the said “ William Sloan,” by his counsel, excepted, and now assigns the same as error. And in the further’ progress of said cause, the plaintiff, having introduced the said “note,” given by. said detendant to said “Richard Faithless,” and closed his case, the said ‘defendant sought to introduce one “ Philip Small,” to prove that said “ horse,” for which said “ note,” the foundation of said suit, had been given, was unsound and valueless, which testimony was objected to by the plaintiff on the ground that it was not legal, and was irrelevant to the issue between the parties. This objection was sustained by the Court, then and there deciding that it was not material to the ques- tion, unless the said defendant should first prove that the, said plaintiff had notice of this failure of consideration, or — unless it could be shown that said note had been traded after it became due. To'which decision defendant excepted, and now and here assigns the same for error. (in this manner go through the whole progress of the case “fully, stating everything that will aid the Appelate Tribunal in understanding clearly the matters complained -of, and conclude as follows.) _ And as the facts aforesaid do not appear of record, the defendant aforesaid, “ William Sloan,” presents this his bill of exceptions, within thirty days from the adjournment of said Court, and prays that it may be signed and certified by the presiding judge in said cause, and that it may be- come a part-of the record in the same. Taved ths" ee “30th day of May, 1857.” ef ° “ES AL & J. A, NP “By-S. &T.” .. - For PU in “Brrr, 804 LEGAL FORMS. CERTIFICATE OF THE JUDGE. - I do certify that the following bill of exceptions is true, and contains all the evidence material to a clear understand- ing of the errors complained of, and the clerk of the Supe- rior Court of the county of “Bibb” is hereby required and ordered to make out a complete copy of the record of said case, and to certify the same to be a true and complete copy, and cause the same to be transmitted to the “ Macon” term of the “second” district of the Supreme Court, that the errors alleged to have been committed may be considered and corrected. This “1st day of June, 1857.” “HENRY G. LAMAR,” Judge Superior Court, “ Macon” Circuit._- ACKNOWLEDGEMENT OF SERVICE. Due and legal service acknowledged “ Bibb” aunty. on the within bill of exceptions, and copy and further notice and service waived. This “2d day of June, 1857.” : “Pp, & G.” “L. & A.” “LN. Ww.” For Deft in Error. In carrying cases to the Supreme Court, where both sides take up points, it would save a good deal of trouble, and one-half the expense, if counsel would agree to let the whole case (including all the points made by each side) go up in one bill of exceptions. ‘AFFIDAVIT OF INABILITY TO GIVE SECURITY. Personally came before me “ William “ fine commen Sloan,” who, being duly sworn, on oath says: that from his poverty he is unable to give the security required by law for the eventual con- WILLS. 805 demnation money and costs of suit, and that he is advised and verily believes that he has good cause for writ of error in the case of “John Brown” against him, being an action of “assumpsit,” decided against him at the late “ May term of Bibb” Superior Court on the appeal. _“ WILLIAM SLOAN.” Sworn to and subscribed before me, this “Ist day.of June, 1858.” “JAMES TRUTH,” J. P. WILLS. PREAMBLE TO A WILL. vein In THE NAME OF Gop, Amen. I, “ George Ross,” of the county of “Bibb,” and State of Georgia, being of sound and ‘disposing’ mind, and memory, and being desirous. to settle my worldly affairs, while I have strength so to do, do make and publish this, my last will and testament, hereby re- voking all wills by me at any time heretofore made: And first, I‘ commit my soul to Gop who gave it, and my body I desire to be buried in the family burial ground, in “Rose Hill Cementry, in the city of Macon;” and my worldly estate I dispose of as. follows: First—Here follow the provisions. PREAMBLE OF A WILL MADE BY A MARRIED WOMAN, UNDER A POWER RESERVED IN HER SETTLEMENT. I, “Ellen Rose,” wife of “James Rose,” of the county of “Bibb,” and State of Georgia, do. by this, my last will and testament, in writing, dispose of my estate, pursuant, and according to the authority to me given, and reserved, in and by a deed of settlement, made on my marriage with the said “James Rose,” bearing date on the “tenth day of June, 806 LEGAL FORMS. eighteen hundred and fifty-two,” between the said “ James Rose, myself, and Hugh Law, and Joseph Neal,” as trustees, and by virtue of said deed, and of all powers, and authority, to me given therein, in manner following. FORM OF CONCLUSION, In witness whereof, I, the said “George Ross,” to this my will, consisting of the foregoing six sheets of paper, have set my hand and seal, this “ Ist day of May, 1852.” “ GEORGE ROSS,” [x.s.] Signed, sealed, published, and declared, by the above named “George Koss,” as his last will and testament, in pre- sence of us, who, at his request, in presence of each other, have subscribed our names as witnesses hereto, “ GEORGE SHAW, of Bibb county, Geo.” “ JOSEPH COOMBS, of Macon, Geo.” “HENRY FAIR, of Macon, Geo.” PROBATE OF WILL. Before me, “Levi McLaws,” Ordinary “Bibb County. of said county, came in person “ Wil- : liam Ross,” executor of the last will and testament of “ George Ross,” deceased, late of said county ; and also, the witnesses to said will, “ George Shaw, Joseph Coombs, and Henry Fair,” who, being duly sworn, depose and say: that they saw the said “George Ross” sign, seal, publish, and declare, the said instrument as his last will and testament, voluntarily and freely, without compulsion, and that they signed said will as witnesses, in the presence of said “ Geo. Ross,” and each other. “GEO. SHAW,” “JOSEPH COOMBS,” “HENRY FAIR.” Bworn to and subscribed beforo me, this “1st day of June, 1852.” “ LEVI McLAWS,” Ordinary, “ Bibb Co.” WILLS. ' $07 Court oF THE Orpinary, “June Term, 1852.” It appearing to the Court that the will of “ George Ross,” deceased, late of said county, has been proven in vacation ; and no objections thereto being filed : It is on motion ordered, that said will be admitted to record.. \ OAVEAT, FILED WITH THE ORDINARY. . In the Matter of the Will of “ George Ross.” Said will being now offered for admission to record, comes “John Ross,” one of the sons of the said “ George Ross,” and objects to the granting said order, and to the establish- ment of said will, on the following grounds :— Firsr.—That at the time of making said will, said “George Ross” was not of sound and disposing mind and memory, but was, in fact, of non-sane mind, and by law, utterly incapable of disposing of. his property, or any part thereof. Srconp.—Because the said will was made under undue influence, the said testator having been induced to. make the provisions contained in “items three and four” of his said last will, by the undue influence, and improper control, in regard. thereto, exercised over his mind by “ Mary Ross,” a sister of the said “John Ross.” And said “John Ross” prays the judgment of this Court, and that the probate of said will be set aside, and the order refused admitting the same to record. “SOLOMON SNOW,” Ai?’y of Caveator. " “June term, 1852.” ~ TRAVERSE. And now comes into Court at said term, “ William Ross,” the executor of the last will and testament of the said “ George Ross,” and traversing said caveat, says:— That at the time of. making and executing said will, said “George Ross” was of sound and disposing mind, and memory, and nally: capable in law of making and executing. 808 LEGAL FORMS. said will; that none of the provisions of said will, and more especially of the “third and fourth items” thereof, were made under the undue or improper influence of any party whatever, more especially of the said “ Mary Ross ;” but that in truth, and in fact, the said “Mary Ross” did not exercise any undue or improper influence, or control, over said testator, in making said will, or any part thereof; and that said will is valid and good in law, and such as should be admitted ‘to record, and of this they pray judgment, &e. “EDWARD SAULS,” Att'y of Ezec'r. JUDGMENT OF THE COURT WHERE THE WILL IS ADMITTED TO RECORD, Whereupon it is ordered, that said will be admitted to record, as the last will and testament of “George Ross,” deceased, and that letters testamentary do issue thereon to said “ William Ross,” executor, and that said executor do recover the sum of dollars cents, for his costs, and the caveator in mercy, &e. . - “EDWARD SAULS,” Atty of He'’r. ‘APPENDIX. 1. AN ABSTRACT OF THE LAWS OF GEORGIA IN REGARD TO SHERIFFS, CONSTABLES, JUSTICES OF THE PEACE AND OF THE INFERIOR COURT, TAX COLLECTOR AND RE- CEIVER, TAXES, ORDINARIES, CORONERS, JAILORS, COUNTY SURVEYORS, COUNTY TREASURERS, AND ELEC- TIONS. 2, THE RULES OF PRACTICE AT LAW AND IN EQUITY OF THE SUPERIOR COURTS OF THE STATE OF GEORGIA. "8, THE CONSTITUTION OF THE STATE OF GEORGIA, WITH THE LATE AMENDMENTS, APPENDIX. wrhasnanw ABSTRACT OF THE LAWS OF GEORGIA AS TO COUNTY OFFICERS, MAGISTRATES, TAXES, ELECTIONS, ETC. SHERIFF. 4 The duties devolving upon the Sheriff in Jhenature of Georgia, are always responsible and important. . a Oftentimes, however, they become delicate’ and difficult .of performance. It is an office in which .- proimptness and independence are necessary to its proper discharge. The Sheriff should use every endeavor, therefore, to find out what the- law requires at his hands, and fearlessly execute his duties when once they are made certain. The Sheriff is ex officio conservator of the pee public peace, and as such has the right, and it °°" is his duty, to arrest any person concerned in its breach. It is also his duty to prevent the viola- tion of any criminal law, and arrest the criminal . when the event happens in his presence.” The Sheriff should, however, procure a warrant from the proper authority before the criminal is im- prisoned. -, . In the exercises of his duty, the Sheriff, if Posse comita-: necessary, can summon any number of citizens pub wien. soe of his county to aid him; and when thereisany °4 ~ danger of an attempt: to escape, or rescue, he should see to it. that he has a sufficient guard to 2 sustain his authority. ‘Before he can discharge the duties. of his Ee ae. office, the: Sheriff must enter into bond and se- curity. 812 How taken, His duty as to applying for commission, and qualify- ing. Sheriffs’ sales, where, how, and when held and ad- vertised, a oe sold by the Sher- iff: Land. APPENDIX. curity to the Governor and his successors in office, faithfully to execute the same. This bond includes his deputy in express terms. The bond can be taken by.the Judge of the Superior Court or a majority of @he Justices of the Inferior Court; and it js made the duty of the Judge of the Superior ‘Céurt to examine it and-have it duly recorded. No prior order is needed to sue upon the bond. The bond must be signed by two good and sufficient securities—inhabitants and freeholders of the county, to be approved by the Magistrate taking it, in the sum of $20,000, (except in counties where the amount has been reduced by law.) ° The Sheriff must apply for his commission in twenty days, and qualify within ten days after arrival. If he neglects to apply for his com- mission, he loses his office, and is not éligible for re-election. He must take the oath of office before he can act. As to his election, see “ county officers ” in this appendix. Sheriffs’ sales must be held: at, the Court-house on the first Tuesday of each month, and from ten in the forenoon till four in the afternoon, and may. be continued from day to day till all is sold if such notice is given ; and he is compelled to advertise his sales in a paper having a general circulation in the county, and cannot change until he first gives notice of his intention to do so. The deputy must advertise in the same paper with the principal Sheriff. .A file of the paper must be kept for inspection with the records of the county. Land, unless divided by the county line; must be sold’ in the county where it is situated. ‘When it is divided by county lines,it must be sold in the county of defendant’s residence. . If -he has land in any other county, so divided, he can sell .it-in either county. There must ‘be written notice given to the tenant in possession. SHERIFFS, Bank stock can be levied on and sold, one share at'a time. When personal property encumbered by. mortgage, or in which the defendant in ft. fa. has only a life estate, or for a term of years, is levied on, it's his duty to take forthcoming bonds from the purchaser for the property, with good se- curity. Growing crops must be sold with the land, and cannot -be levied on until they have matured ; and when the land is sold before they mature, the growing crops pass to the purchaser. The Sheriff should reserve all exempted property when levied on, and he should not make a levy on such articles, if it is possible to ascertain which they are. ey ed ‘When terms of sale are not complied with, the Sheriff may re-sell the property at the risk of the purchaser, and no memorandum in writ- ing is necessary to bind the purchaser, as would be required in other cases when the contract has not been complied with for the sale of lands, &e., &e. ee A Sheriff is: not personally: liable on any warranty in a deed made by him, unless he expressly stipulates to be personally bound. in the instrument so made. ‘The intention to ‘be so:bound must be explicitly stated. A Sheriff or his deputy cannot purchase “property sold by himself or his deputy, directly nor indirectly. “All deeds. made for this purpose are void; ard the violation of this enactment subjects them to fine and imprisonment. He must not charge for dieting. negroes, which he has under levy, &c., when they.work for him. When proper forthcoming bond, damage" bond, and affidavits are tendered, it is the Sheriff’s duty to postpone the sale and receive the papers, and return the affidavit bond and execution, withthe proper entries thereon, ‘to the Court from whence they issued; unless other- wise provided Ly statute, (as in cases of land ‘ ' 818 Bank stock, — Mortesged property, ‘Growing crops. Exempted property, When terms not complied with by pur- chaser. When no menoran- dum made or signed. Not bound by warranty in a deed. _ Sheriff or deputy ‘can- not buy at his own sales, Not charge for negroes, . when, = ~~ Claimants to give bond and security; pa- pers, how re~ turned, 314 Must keep a docket and file it with elerk of Su- ~ perior Court. Liable to rule and attach- ment for fail- ure to pay over money collected. Deputy sher- iff defaulter, | Fi. fas. vs tax” collector. Extortion or ee , how pun-: ished os Failing to make returns. Process against Sheriff. APPENDIX. levied on under a-fi. fa. from another county, the claim must be returned to the Superior Court of the county in which the land is situ- ated.) The officer is responsible for the want of proper form or security in the bonds taken. The Sheriff must keep a docket and. enter therein all executions handed ‘him, aad the dates when so delivered, together with all of his act- ings and doings thereon, and file the same in the Clerk’s office on or before the first day of the term, under the penalty of a fine of not Jess than $50 nor more than $100. : _ The Sheriff is liable to rulé and attachment thereon for not paying over money. collected. He is to pay twenty per centum per annum for money collected; upon which a demand has been made, or after a rule absolute is granted against him; and can be ruled, if absents himself -from Court, unless detained by providential cause, the rule can be taken against principal or Deputy Sheriff for money collected by the latter. Rules nist may be granted in vacation. They are liable to rule on ft. fas. against defaulting tax- collector, when given them to collect, if money not made in three months and paid to the Solici- tor-General.: 5 : 5 xe ‘The Sheriff is liable to indictment for extor- tion or other mal-practice, and also to removal from office, and also liable to action in favor. of the party injured; and when he fails-to make. proper returns on all writs, executions, or pro- cess, is liable to an action or rule. 4 When the Sheriff or deputy is interested, process of the Courts may be executed by the Coroner. of the county,-any Constable, or any. other Sheriff than of the county where they re- side. The Justices or Judge may appoint a special officer to execute process aguinst the Sheriff when. there is no Coroner. The Sheriff of the county: where the Supreme SHERIFFS, ea Court sits, must attend the sitings of the Court, and is allowed the same fees ' upon each case that he would be entitled to in the ‘Superior Court. It is the duty of the Sheriff to furnish pris- oner with medical aid, fire, and blankets, and. for this expenditure -has priority on the county funds over every other claim. If he neglects this, is subject to a fine of $500. The Sheriff has control over the jail .of the county, and the Jailor is one of his deputies and subject to his control, and he is responsible for his neglect, &c. If a prisoner escapes from civil process by negligence of the Jailor, he is liable, but is not liable if the escape happens from in- sufficiency of the ‘jail, unavoidable accident, insurrection, &c. i Where process is taken out against an intru- der upon land, the Sheriff is compelled _ to turn him out, unless he will take a counter affidavit in terms of the law, and which affidavit the Sheriff has authority to administer. Sheriffs are elected biennially, on the first Monday. in January, by the citizens of each. county who are entitled to. vote for: members of the General Assembly of the State or Represen- tatives. They are removable by the Governor upon the representation of two-thirds. of the Justices. of the Peace and of the Inferior Court of any county, and can be impeached and removed from office as pointed out in the con- stitution. If a vacancy should occur in the office from failure to elect, qualify, resignation, death, or any other cause, the Inferior Court may order an election; if not, a majority of the Justices in the county, or, if they fail to appoint, the Judge of. the Superior Court may fill the same until his successor is elected by appointment of any citizen of the county.or State, and when so ap~ 315. To attend or Supreme Court: Fees. To furnish medical aid, &c, to pris- oners. dail, jailor, and escapes. Process | vs. intruder on land, | 2 gs i ise Election, when & how held; who to vote. How re-. |) moved. - A vacancy in the office. ar 316 To serve till successor commis- sioned, To deliver ‘process, &e., to their suc- cessor. Who are dis- qualified from being. = Out of office. Writs of In- nacy. . Practical in- formation ne- cessary to. APPENDIX. pointed, he must give bond and*security to be approved of by the Judge. The several Sheriffs in the State hold their commissions until their suc- cessors are elected and qualified; and it is made their duty to deliver over all process, executions, &ec., to their successor as soon as he is qualified, and such successor is empowered to finish the busi- ness commenced by the retiring officer, to sell all property advertised, make titles to any pro- perty sold by him, ‘be, &e. The Sheriff is not eligible to the office of Con- stable; nor is one. who has been a holder of public money, until he produces certificate of settlement from the Treasurer, countersigned by thé Controller-General, eligible to the office of Sheriff. The Sheriff is subject to the order of the Court, although out of office.” ; It is his duty to attend upon the trial of all writs of lunacy, summon the commissioners, &c., if required, and is entitled to the same fees as in other cases, for like service. CLERK OF THE SUPERIOR AND INFERIOR’ COURT. It is not to be supposed that these officers would attempt to fil] the important stations as- signed them without first having had some practical experience in the office they are to fill, or haying some one near them who dves know its duties. If this.should be attempted: the officer may fall into very serious mistakes in re- _ gard to matters of practice, which, however sim- ple ‘and easy in themselves, yet must be learned from actual experience in the duties of the office ; hence the compiler will not notice those duties which it is supposed the officer or bis deputy must be acquainted with, but state only such matters as our,statutes have expressly enacted. \ CLERK OF SUPERIOR AND INFERIOR COURT. 817 ‘When elected-the Clerk should take the fol- Their oath. | Towing ‘oath :—"T do solemnly swear (or affirm) that I will truly and ‘faithfully enter all orders, decrees, judgments, and other proceedings of the Superior (or Inferior) Court of the county of , and all other matters. and things which, by law, ought to be recorded, and that I will faithfully discharge all the duties required of me to the bést of my understanding, and that I will support the~Constitution of the United States and. of.the State of Georgia—so help me God.” They must copy, before the next term of the Court, all proceedings in civil cases in a record- ‘book, and keep regular and fair ;minutes of all proceedings in the Courts, which are to be signed by the Judge or Justices'of the several Courts, prior to their-adjournment, from day to day. They must enter into bond with oné or more” good securities, to the Governor of the State, in the sum of three thousand dollars, conditioned for the faithful discharge of the duties of the office. . 2 ; ‘ The Clerk’s office must be kept within a mile of the Court-house; they have the right to ap- point deputies, and are responsible for the faith- ful discharge of the @uties of the office at their hands. :If a vacancy the Judge of the Court may appoint one temporarily, until his succes- sor shall be elected, and when so appointed shall “give bond and security, to. be approved by the Judge making the appointment. The. Clerk is subject to.the order of the Court although out of office. One person may fill both offices. It is made the special duty of the Clerks to keep regular execution dockets and to enter therein satisfaction of the fi. fa. immediately that “they are returned by the officer. The Clerk of the. Inferior Court, together with 15* Records and minutes, how kept. Bond must be given. Their office, where kept. Deputies. Execution dockets: and satisfaction of fi, fas. 318 Adjournment Inferior Court, Superior Court, May adminis- ter oaths, wit- ness deéds, &e, Cannot prac- tice law. Clerk of Su- perior Court, criminal docket. Fine-moncy, county or- ders. Failing to send record to Supreme Court. Clerk of In- ferior Court, peddlers, APPENDIX. one oJ ustice.and the Sheriff, Coroner, a Constable, in case a majority-of the Justices do not attend, can adjourn the. Court to such a time as they may deem proper. The Clerk of the Superior Court, in case the Judge does not attend, can adjourn the Court, from day to day for two days, then, if he does not arrive, he must adjourn till the next term. Also, the Judge has the right, for providential cause, to: be expressed in the order of adjournment, to order it adjourned until any time he may fix’ , The Clerks of the two Courts, are ex officio Justices of the Peace, for the purpose of admin- istering oaths, witnessing instruments to be placed upon the records, &e. The Clerk nor any deputy, of either the In- ferior or Superior Court, can practice law. It is the duty of the Clerk of the Superior "Court to keep a separate criminal docket and to enter all cases, in order, upon it. He is also to receive all moneys arising from fines and for- feitures, and going to the Clerks from the Solici- tor-General, Sheriff, and other officers when col- -lected, and pay itout to the oldest orders. He isliable for con tempt for not sending up full copies of records to.the Supreme Court, and any party in- jured may, on motion, “ake out a rule nisi against him for his negleet, refusal, or failure to do so, before that tribunal when in session, ; _ The Clerk of the Inferior Gourtis to receive from peddlers the license money required: of them, and to pay it over to the County-Treasurer ; is liable to indictment and fine of double the amount re- ceived if he detains the money received for peddlers’ licenses ; also guilty of embezzling and subject to removal from office, besides. fine and imprisonment. His failure to account to. the grand jury is prima facie evidence of being guilty of the charge. CLERK OF SUPERIOR AND INFERIOR COURT. 819 It is his duty to enter into a book, kept for that purpose, the certificate of description and appraise- ment ofall estrays, and fix a copy of the description and valuation to the Court-house of his dbunty for two terms successively. He shall have an estray pen made out of the funds arising from the sale of estrays, to which horses, &c., shall be carried and impounded from 10 A. M. to 3 P. M., on the first day of every term both of the Inferior and Superior Courts for twelve months. And after that’ time the taker up of the estray horse, mare, colt, filly, &c., is to bring it to the Clerk upon the frst Sheriff sale- day, and it shall be by him sold, between the usual hours of sale, to the highest bidder for ready money, and which shall be subject to the order * strays, duty > of clerk of In- ferior Court. of the Inferior Court for county purposes after - -deftaying the expenses of the proceedure. It is the duty. of the Clerk of, the Inferior Court also to- receive returns of taxes from de-. Defanlters for tax re- turns, faulters, and place them, with the digest, in the ~~ hands of the collector, and forward a copy of such additional returns to the Controller- Gene - ral’s office. The Clerks of both Courts, as officers of the Court, are subject to the Judges and Justices thereof, i in all matters coming properly i in their jurisdiction, They are, like Sheriffs, liable to be ruled (and ean be served in vacation) for all money collected and retained, and after demand made, or rule absolute granted, are liable for . twenty per cent interest. They are also to pro- vide themselves with good and substantial seals with the names of the county and-Court thereon, and for neglecting to do so, are made guilty of a misdemeanor, and:.after indictment and con- viction, are to be fined in the sum of fifty dollars, They are authorized to advertise: in any newspaper having a. general circula- tion in their county, and must have a file of the Clerks gene: rally. Liable for money col- lected, Must buy seals. | Their adver- tisements, 320 “Lost papers in Superior or Inferior Court. Service, Process. The nature of their office, and its im- portance. Idiots, lona- tics, &e, APPENDIX. paper bound and kept with the eiandn of the county. Upon a_ party presenting to the Clerk a peti- tion in writing, with a copy in substance of the paper lost, and which copy must be sworn to, the Clerk shall issue a rule nési in the name of the Judge or Justices of the Court, calling upon the opposite party. to show cause why it should not be established. If the defendantis to be found in the State he is to be served personally, if not it is to be published in some public gazette three months. Suits may be brought to the same term with the rule nisi, but the process should state that the paper is lost or destroyed, and there can be no judgment until the Court determines whether the paper shall be established or not. JUSTICE OF THE PEACE. The duties devolving upon the Justice of. the Peace in Georgia are many and important. Both in his civil and criminal jurisdiction he comes in immediate contact with the people, -and exercises no small degree of power and influence. The decisions made in his Court, are, in a majority of instances, not ‘appealed. from, but submitted to by the parties, either from a belief in their propriety or an unwillingness to litigate. The Magistrates are supplied, by the liberal policy of our State, with the statutes.and books sup- posed capable of advising them in the duties of their office, and they should not neglect such advantages. The statutes should be , diligently studied, and when the necessity of applying them occurs, ‘the officer can so construe and enforce them, as to protect the rights of the citizen and uphold the dignity and character of the State. One of the most important matters committed to them is their duty in regard to idiots, lunatics, &e. Upon proper oath being made the Justice ”~ JUSTICE OF. THE ‘PEACE. is to issue a warrant for the arrest, and, if after having heard the evidence and inquired into all the circumstances of the case, he shall be. satis- fied that the party making the application has just grounds‘to apprehend any injury to himself or to his property, he shall confmit the party arrested to the common jail of the county, .and notify the Clerk of the Inferior Court of such commitment, that the Court may proceed as the law has made their duty. to do in such cases. The Ordinary is required to insert the names of two Justices of the Peace of the county in all _ commissions of lunacy, and one of them be- ing present may act. If neither of the Justices named in the commission be present, any other Justice of the Peace of the county, not be- ing related to the applicant or defendant nearer than the ninth degree, and having tio interest, directly or indirectly, in the case to be tried, may ‘have his name inserted ard sit on the case. The Justice must: have the other commissioners called and empanneled, and hear and determine all questions as to their competency, and ‘if twelve are present with one (or both)- Justices, they shall proceed to hear and determine the case. The Justice may fine any commissioner, not at- tending, five dollars. The Sheriff, his deputy, or any Constable may summon the commissioners and. attend upon their sittings, to preserve order and enforce the commands of the J ustices. -If. less than the proper number of commissioners be present, the parties may agree upon a sufii- cient number to make up twelve, or the Justice and, any number of commissioners who are present-may adjourn and compel the attendance of the others. The Justice and commissioners are to hear and determine all questions of law, or motions to continue, which may arise. It is the duty of the Justice to attend upon the trial of eases against a railtoad company 82t To sit in all commissions of lunacy; proceedings in them. Bits va, rail- roa 322 Estrays. ‘List.of tax payers, In criminal cases: adul- tery. In crimes committed by slaves and free persons ot color, In criminal cases either party may e charged the cost. Civil juris- diction: practice. Appeals. Stay bond. Certiorari, APPENDIX. under the act of 1854, for killing stock, dc. He must take down an exact description of all estray horses, mules, cattle, &e., brought before him, and appoint two or more freeholders of the vicinage to value them, and transmit this deseription and valuation, after first having it recorded in a book by him kept for that purpose, to the Clerk of the Inferior Court. He must return, to the re- ceiver of tax returns, a list of all persons liable to pay taxes, on the first of May of each year, from which he can make ont a list of tax payers. It.is his duty to arrest and bring before him any man and woman who are living in a state of adultery, and bind them over to appear at the next Superior Court, if after due inquiry. he thinks it fitso todo. Tbey can and should search suspected places for arms, &e., and ap- prehend suspected slaves; they. can arrest and punish slaves and free persons of color by giving notice to.any two or more of the nearest Justices upon a particular day, not more than three days off, in all cases not affecting life and limb. The Justice has discretion in regard to the cost in criminal cases, and, when the defendant is dis- charged, may nevertheless make him or the pros- ecutor pay it as he may think proper. The practice in Justices’ Court must be uniform throughout the State; the first term to be the appearance term, and all cases to be entered on the appearance docket. At the first. term judgment by default may be entered up, and“at the second terin judgment must be entered ; the defendant having the right to pay the cost and givesecurity and ent r an appeal within three days, as he may, within tour days, pay all cost.and give good and sufficient security and stay the execution sixty days, or, the party may carry up a case by certiorari to the Superior Court, and have any error committed in the trial reviewed and cor- rected. The Justice must make outa list of JUSTICE OF THE, PEACE. those subject to.jury duty and place them in a box, and. draw from thenee, on a Court day in public, in conjunction with two freeholders of the district, not more than seven nor less than five names, who are to be summoned by the Con- stable five days before Court, and are liable to a fine of three dollars for non- attendance, unless a good excuse js rendered. The jury may be filled up with talesmen if three of the original panel are present, and are entitled to 311 cents for each case brought. before them. The Justice can issue a subpoena for any person desired as a witness by either party, which can be served by. the party, or the Constable, five days before Court, and when sosummoned they must attend under penalty of a fine of $10, which, like. all other fine money inflicted by the Justice, must be paid over, when collected, to the County-Treas- urer, to be used by the Inferior Court for county purposes. The witness is further liable’to the party summoning him for whatever injury may be suffered by his non-attendance ; only two wit, nesses can be taxed in the bill of cost ‘to.one point, and, if non-residents of the district, are-en- titled to seventy- five cents per day. He may is- sue jaterrogatories by the party wishing them giving the adverse party five days’ notice of their issuing, accompanied with a copy of the interrog- atories. The Court cannot be held except at the regular place gg the regular.day, and for one day in each month; afd the summons must be served by a Constable of the district. nine days before Court. The Court has jurisdiction over any suit on a note account or other evidences of debt of the -amount of fifty dollars or under. Attachments may issue returnable as.in the Superior or In- “ferior Courts, and when they are over fifty dol- lars the Justice can issue them, returnable to __ the Superior or Inferior Court; no case, sound- ing in damages, can be tried by him. ahs J us : ° 823 Jury, how drawn and summoned, fijeneiy Fees. ‘Witnesses. ~ Their fees. Interrogato- ties, Court, where eld. Defendant, how served, © Jurisdiction, suits on note account, &e. Attachments. Case for damages, 324 Joint promis-, ors, &c, Bail. Claims, Residence. Itinerants. When no Justice, or interested, J udgments. ‘Removal of .. defendant. Plea of non est factum. Settlement, and cost of cases, Contempt, how pun- ished, Securities, APPENDIX. . tice is authorized to sue joint promisors and co- ‘obligors when residents in different districts, and a return of service may be made-as to the non- resident party by the proper officer of the other district. The Justice may hold to bail, in any case within his jurisdiction, as is done in the Superior Court. Claims may be filed by any person, his agent, attorney, guardian, administrator, or execu- tor; if not a party to the execution, by filing an affidavit, giving bond, é&c., as in other cases, and the Justices are allowed to continue the case one term for good cause shown; the jury in claim cases to take the same oath as on appeal trials. Ten days’ residence gives jurisdiction. Itinerants may be arrested in- any county or district; when there is no Justice in the district, or he is interested in the event of the suit, the Justice of the adjoining district may act. Judgments obtained in Justices’ Court are of equal dignity with those from any other Court, and bind pro- perty from their date. -If defendant moves out of the district after service the Justice can give judgment against him, and if he removes after judgment is obtained, the ji. fa. may be backed by some Justice of the county where the defendant re- sides, and enforced by the proper officer. No per- son can deny a bill, bond, note, or other contract upon which he is sued, except by affidavit. Parties may settle cases upon payment of cost; if the de- fendant is insolvent the plaintiffg liable for the cost incurred. Non-resident plaintiffs may be compelled to deposit the cost, and in certioraris the plaintiff, if successful, recovers back all the cost. paid out. The Justice has power to fine for contempt in term time, in a sum not exceeding two dollars, and toimprison for a time not longer than two days. A party sued as a joint obligor coming into Court on the trial, and by making it appear that he signed the instrument sued on as security only, or’such party having neglected to f JUSTICE OF THE PEACE. make such defence, may pay the jz. fa.,.and upon it being made so to appear to the Court, he will be entitled to have control of it-to reimburse him- self out of the principal.. When-the maker and indorser reside in the same county they must be sued together, or the principal sued first-and the indorser afterwards. - When-papers are lost they can he established by rule zzs2, served upon the other party ten days before Court, or, if defendant cannot be found, by being published for one month in some public gazette ; -office papers may be established at once, if lost by the Justice, but ‘when lost by some one other than the Justice, upon affidavit gnade of the facts. upon which the establishment is sought. me “When the plea of usury is filed the plaintiff xoust file his affidavit in ten days, stating whether the facts stated in the plea are true or not, and, failing to do this, the defendant may be put on the stand. When either party dies, notice of the intention of the represéntative, whether executor or administrator, of the plaintiff to proceed, being published for ten days at the place for holding Jus- tices’ Court, parties may be made and the case proceed. Slaves whenever levied on by Justices’ Court fi. fas., and: claimed, the papers are to be returned to the Inferior or Superior Court, whichever may sit first, and to be tried as other cases. Land, when levied upon by a Constable, must be turned, over to the Sheriff for sale, and, if claimed, must be returned to’ the Superior Court for trial.. When parties are arrested on ca, sas. they are to give bond and security to appear at the next Inferior Court,and take the benefit. of the insolvent act; the plaintiff, must pay the cost of the process, and: it must “be so indorsed on the writ by the Justice. The law requires that the best evidence the nature of the case admits of shall be u-ed on the trial, and neither party can prove their ac- ~ » 325 Indorser, Lost papers. Rule nisi, how served. Usury. -- Parties, how made, Claims of slaves. © taBPAag, Land, when levied, Ca. 5a., when . returnable, Cost. cea Evidence. 326 Oath of the . parties, Bet-off. Continu- ances. & When plain- tiffmay make oath in writ- ing. | Counter affi- davit. Liable for money re- tained. Rule vs., and answer. — Indictment, &c., for mal- practice, Duty as to elections, Free persons ‘of color, minors, Poor chil- dren. . _ APPENDIX. eg) counts by their own oath except by first making affidavit that there is no other evidence of the fact which it is in their power to procure. When set-off is. filed the Justice must enter up judg- ment for the balance, which appears te be due, if not beyond his jurisdiction. “For sufficient cause cases may be continuedthree térms by either party, but not longer. When the account was contracted. in a different county from the defendant’s resi- dence, or when he has removed from the county. in which it was contracted, the plaiitiff can prove the account by his written affidavit in writing and forward it to the Magistrate where the case is pending, but, if the defendant yill file his affi- davit denying the justice of the whole or any part of the plaintiff’s demand, he may: compel the’ plaintiff to support his case with other evidence. The Justice is liable to twenty per centum per annum upon any money collected by him after demand made.. He is subject to rule in the Superior Court, and his answers to these rules _must be under oath, and may be. traversed, and ‘he can be served with the rule nésé in: vacation. He can al-o be indicted for mal-practice in office; but upon such a charge being preferred, the Jus- tice is entitled to-be heard before the Grand Jury. It is the duty of the Justice to see to it that’ -the election laws of the State are enforced, and that everything is conducted at:the polls in an or- derly and legal manner. ‘They should also bind out to service, aided by any three freeholders of the district, any male free negroes or-persons of color, over eight years old, until they arrive at the ave of twenty-one, if they have no guardian. Heshall make out and return to the Ordinary by the first of January each year, a fulland complete list of all the poor children in his district entitled to participate in the poor school fund, between the ages of six and eighteen years; and if he neglects this duty,’ he is Hable to attachment as if for contempt. JUSTICES OF THE INFERIOR COURT. When any person dies, and no administration is granted by the proper authority, the” widow and children are entitled to twelve months’ sup- port from the estate; and it is the duty of the Justices of the Peace, or one of them of the dis- trict, on application of the widow or any person having care of the children, to: go to the late residence of the deceased,‘and assess the sum necessary for the maintenance of the family of the deceased for the term of twelve months, either in money or property, as may be selected by the widow or the person having the care of the children of the deceased; and:the property so set apart is not subject to levy and sale, or the control of any.administrator that may be appoint- ed on the estate. The Justice is to return to the next Court of Ordinary a schedule. of the articles so set apart, and the valuation put upon it, with the amount so estimated for the support of the family, and the return to be recorded by the Ordinary. The Justice to be paid one dollar for his service in this proceeding, to. be paid by applicant. JUSTICES OF THE INFERIOR court. ‘The welfare’ and interests of the several coun- ties are placed immediately under the protection of the Inferior Court. It is their -duty to exer- cise diligence and a sound discretion, added to never-ceasing watchfulness in the matters. com- mitted to their charge. The County finance, public buildings, roads, bridges, patrols, dc., dsc., all demand much attention at their hands, and the services they render are more honorable because entirely gratuitous: The Justices, by express statute, are excused from serving on juries; and ag general supervisors of those mat- ters, are doubtless not subject to road.or patrol duty.; they are also disqualified from acting as tax-collectors or receivers. athe 23 327 Twelve moonths’ sup- port.to wid- ow and. chil- dren. . The property set apart for family. Their duties in county matters, 328 Inferior Court, when held, &e, What a quorum, * Adjourment. Jurisdiction. Appeal. Certiorari. Upon giving bond, &c, Has power to incorporate, change names, &¢, Tax fi. fas. APPENDIX, : The Court must be held twice a year at the times fixed by statute, by a majority of the Jus- tices, but a majority of those presiding may pronounce the judgment of the Court.* One Justice, with Sheriff, Coroner, or Constable, may adjourn the Court, if a majority of the Justices do not meet to such a time as they may deem proper. The Court has jurisdiction in all civil cases, excepting in cases relating to land,or in ‘equity. It is a Court of record, and its ‘judg- ments are of the same dignity as others rendered by the Courts of the State, and it has the same power as‘to amendments, process pleading, granting rules against officers, ‘bail, interrogato- ries, production of papers, making ‘parties, suits" against joint promisors and co-obligors, as the Superior Court exercises. An appeal, when entered in this Court, carries the case before a special jury at the next Superior Court. Either party, if dissatisfied with the ruling of any Infe- rior Court, can carry the case up to the Superior. Court by a writ of certiorari, by offering. to the Court during the term written exceptions, which, if overruled, the Judge of the Superior Court on application ‘will sanction the writ, if he deems the grounds sufficient. To geta “certiorari, the party, however, must pay all cost, give bond and security, and take an affidavit that he believes he has good cause for certiorart, and does not take it out for the purpose of delay. The Inferior Court has power to change names, incorporate all associations, companies, dvc., &e., (except banks, railroads, and insurance compa- nies,) the individual members to be liable, as partners, for the eventual payment of the con- tracts of the companies. - They must see to it that the Sheriff collects tax fi. fas. handed him for collection, and: that the tax laws of.the State are properly executed, and attend to the proper confinement, &e., of CONSTABLES. lunaties, insane negroes, dsc., to appoint over- seers for the poor, and levy.a tax for their support. They have the power to bind out ‘minor orphans” whose estates are not sufii- cient to afford them the means of support; and are to appoint lumber measurers ; they are also-to visit the children of blind and deaf persons, and. urge them to accept the bounty of the State in ‘building an asylum for such patients ; grant bail in actions ex delicto ; to lay out private ways; to appoint, at the ‘first: term of patrol commissioners, to consist of three proper and suitable persons, in each militia district of the county, whose duty it is to see to the enforce- ment of the patrol laws. And on recommenda- tion of the Grand Jury, it is made their duty. to levy a county tax, not exceeding fifty per cent on the State tax, (not including poor, school, and ed- ucational tax,) which will raise funds enough to meet the exigencies of the county. The fees of Sheriffs, Coronors, Jailgs, &c., to be taken into account when they are tobe, paid by the county. ‘One of the most important duties. committed to the charge of the Justices of the Inferior Court is supervising—the, taking and recording of bonds, which the law requires to be given by 829 Lunatios. aie or- hans desti- Tote of sup- port., Lumber measurers. Deaf and blind chile dren, Bail ex de- licto. Private ways. Patrol com- missioners. Duty as to county tax, and pa: ante fees of sheri jailor, coro- ner, &e. Taking bonds of county officers, ‘the various county officers before they cau enter’ upon the discharge of their different: offices. Too much diligence and care cannot be devoted to this subject, in order that the bonds may be proper in form, given at the statutory time, and secured by solvent names. Under the proper heads, full instructions will be found, and it is very important that they should be strictly fol- lowed. "CONSTABLES. The Constable is peculiarly the officer of the Justice Court. It is his duty to serve the pro- cess, warrants, d&c., issued by the Justice of. the . Nature of the office, 330, Bond and security. Oath, Certificate of bonds being filed, acts’* void whea, Suits on bonds, Duty as to warrants, Itinerants. Failing to make and pay over money. Must rece for notes be APPENDIX. Peace ; and it is a matter of importance to the citizen and the State; to have him understand his duties and faithfully’ discharge them. Before he can enter upon the duties of his office, the Constable must give bond -and security, to be approved of by the Justice or Justices of the Peace, in the sum of one thousand dollars, (if the district embraces a.town, and half? as much in the country,) payable to the Justices of the Inferior Court of the several counties. He must * also take the following oath before a Justice of the Inferior Court or Justice of the Peace:—* I do solemnly swear (or affirm) that I will duly and faithfully perform all the duties required of me as Constable of the county of — according to the best of my abilities and understanding, and that I will support the Constitution of the State of Georgia and of the United States—so help me God.” The Clerk of the Inferior Court is to aoort the bond within twenty days, and furnish the. Constable with a certificate of the fact ‘that it has been filed, as required by law; and all of his acts, before this is done, are declared null and void, The bond is liable to be sued by.any party. injured by negligence’ or mal-practice of the officer, and copies from the record, properly certified, can be used as evidence of the due exe- cution of the bond, and no _ previous ‘order is necessary to sue it. It is the Constable’s duty to execute all war- ants, summons, d&e., placed in their hands, and he can arrest an itinerant in any district in the county. He is to pay over money promptly, and if he fails to make and return the wioney upon all i. fas. handed him, in ten days, the party injured’ may have judgment .against him for the amount with ten per cent. damages, and the officer is also liable to a fine. He must re- ceipt for all notes handed him for collection. CONSTABLE. He must. also execute and return the precept handed him by the Coroner'to summon a jury of*inquest, under a penalty of 850, to be inflicted by the Inferior Court. “He must attend elections cand keep order, and also wait upon thé sessions of the Inferior or Superior Courts and Court of Ordinary, when-required. It is also incumbent upon him to summon the jury for Justices’ Court five days before the. session, and attend upon its sittings, promptly and regularly. He may search suspected places for. stolen goods, aud apprehend suspected slaves, and execute the sentence of the Justices in all cases when slaves,: &c., are tried and convicted before them of any. minor offence. If a Constable is a party, the other Consta- ble of the district, or if.none in-the district, any- _ trict. - Constable of the county may act. ‘They must-advertise their sales at three or more of the most public places of their district, and they must.be held af the regular place of and four in the afternoon. The Constable may levy upon land, negroes, and bank stock, but they must be turned over to the Sheriff for sale. He must return claims of negroes, &., to the Inferior or Superior Court, whichever may first happen. Betore he ean levy upon land or’ slaves, however, there must be an entry of “no personal property to be found ” upon the fi. fa.’ The Constable can take forthcoming bonds for property levied on by him, but is responsible for _ the same, notwithstanding such bond is taken. The Constable is liable to rule by the Justice of the Peace at the iustance of the party injured, and.also to indictment for mal-practice. He is also compelled to pay twenty per cent per an- num upon,the amount of money collected by him and retained after a demand or rule abso- 331 Jury of in- quest. Must attend elections, and: on the Supe- tior, Inferior, and Ordinary Courts. Justices’ Court; jury therein, If constable a party, or none in the dis- Sales by. Where held, : a nd when, holding Court for the district on a Court day, 7” o" and between the hours of ten in the morning e Land, ne-. -- groes, and: ank stock. ' Forthcoming bond” ae Liabletorule, . and indict- ment. 332 APPENDIX. lute granted. . His returns-to rules against him are __ to bemade on oath, and may be traversed. If there ‘No jail. is no jail in the county, the prisoner must be con- _ veyed to the jail of an adjoining county. As to pe candi- election, see “ county officers.” If no candidates drawn, offer for the office, the Inferior Court shall: pass an order. directing the Justices of the Peace to draw two persons from the company list of the district, and the persons so drawn shall serve, under penalty of $40 fine for refusal to do so. — pinetey , The Justice may appoint a Constable for spe* ustice of cial purposes or to meet sudden emergencies Ifthe constae When the regular Constable may be absent, or ble absent, or from providential cause be disabled or prevented ae o. from discharging the duties of his office. Also, when there _ when there is no Constable, the Justices, or the district, either of them, in the absence of the other, may appoint a Constable.to hold till the meeting of the Inferior Court, and until bis successor is appointed and qualified. The persons so ap- pointed, to give bond and security as in other cases. * ORDINARY, — Nature of his ‘The power of a Court of Ordinary or Register of Probate is vested in the Ordinary, with the right of appeal to the Superior Court. His . office is one of great importance, and upon a faithful discharge of his duties, depend, very greatly, the interests of minors, orphans, poor: children, and others, whose welfare is placéd in . «his keeping. ; eae: ate jurisdic- ~~ The Court of Ordinary has jurisdiction over court, -—,_ all matters, suits, and controversies testamentary , brought before it, touching the probate of any will; to hear and determine the right of ad- ministration to estates of persons dying intestate; to issue marriage licenses; and has original jurisdiction in regard to all questions relating to estates, testate or intestate, appointiig admin- ~ ° ORDINARY. istrators or guardians; to qualify executors, administrators, or guardians, and to bind out orphans; and the Ordinary is ex officio school commissioner for the county. The regular terms of the Court are held on the first Monday in each month except January, and on the second Monday in that month. The Court has the power to adjourn from time to time as the exigencies of its business may de- mand; but no will can be admitted to record, or any letters testamentary, or of administration, or of guardianship, nor any order for the sale of any real estate or slaves, can be granted except- at a regular term, or at a regular adjournment of a term. The Ordinaries are elected as other county officers, and hold their office for four years. And before they can enter into the discharge of the duties of this office, must give bond and security in the sum of two thousand dollars, payable to the Governor for the time being and his successors in office, conditioned for the faithful discharge of their duties as Clerk of the Court of Ordinary, and School Commis- sioner of the county, both by themselves and their deputies, to be approved by three Justices of the Inferior Court, and to be filed and recorded in the same manner as Sheriffs’ bonds. And they have power to take bond and security from their deputy clerk for the faithful per- formance of his duty as such. He must take and subscribe the following oath (as his deputy likewise should do) before the Inferior Court of his county, or a majority of them :—“TI, A. B., do solemnly swear (or affirm as the case may be) that I will well and faith- fully discharge the duties of Ordinary and School Commissioner of the county of during my continuance in office, according to law, to the best of my knowledge and aes without favor 6 333 Terms of the court. Adjourn- ments, His election. Bond, how taken. Deputy ma give bond. Must take the oath of office. 334 Must qualif. ‘when & howe Upon his fail- ure to doso. If a vacancy. Office, where & how kept. Clerk. Deputies. Duties as school com- missioner. To get a poor list from Jus- tice of Peace. To enter the names ina book, Has discre- tion to pay teachers, &c. APPENDIX. or affection to any party; and that I will only receive my legal fees of office; and that I will support the constitution of the United States and of the State of Georgia—so help me God.” The Ordinary must qualify within ten days. The Governor to send a commission and dedi-- mus to the Justices of the Inferior Court, and they, or a majority of them, are to take the bond, administer the oath, &., &c. If the per- son elected shall fail to qualify in ten days after he is notified that the commission has issued, the Inferior Court shall declare the office vacant and proceed to fill the same, and the person so having been elected shall be ineligible to fill the vacancy. The Inferior Court should order a new election to fill the office, if vacant from failure to qualify, death, resignation, or any other cause. The Ordinary is to keep his office at the Court-house, and it is to be always open, except on Sundays. The Ordinary is ex officio Clerk of the Court, and has the power to appoint a deputy clerk. This deputy, however, is a mere clerk, and cannot, of course, discharge any judicial power, vested by the constitution in the Ordinary. The Ordinary must obtain from each Justice of the Peace in the county, a list of the poor children in his district between the ages of six and eighteen, by or before the first day of January of each year. Any they have the power to force the Justices to comply with this requisition of the statute, by attachment, as for contempt. And they must enter in a well- bound book, kept for the purpose, all the names of the children entitled to the benefit of the fund. They shall have power to pay competent teachers out of any funds in their hands, when the services have been actually performed, such sums as are paid for like services by other patrons of such teachers, provided that, in each claim, it is proven satisfactorily to them that the services ORDINARY. were actually rendered, and that the teacher is really entitled to pay, having regard to the justice and merits of the claim, whether the children were returned or not, or whether the service was rendered before or after the 17th December, 1857, the date of the statute. If he cannot pay all claims in full, then he must pay the funds out pro rata. The Ordinary, as School Commissioner, must keep regular accounts, which must be fair and full, to be presented to the Grand Jury when- ever required, and is entitled to five per centum on all sums received and paid out, and no more. He must levy and cause to be collected by the tax collector, the poor school tax, recom- mended by the Grand Jury of the first term each year, for the purpose of educating the poor, and take charge of the same when collected. He is to send a copy of the list to the Treasurer of State and another for the Grand Jury, to assess a school tax from for educational purpo- ses. And by the first of December, each year, he is to have his order, under his seal of office, for the quota of poor school State tax going to his county at the treasury at Milledgeville. He shall keep on hand and file the accounts of the teachers for poor shool children, as they shall be rendered to him, by the twenty- fifth day of December, each year, proven by the oath of the teacher, and specifying how many days each child was taught; and after the twenty- fifth of December each year shall proceed to pay out the funds in hand, as above specified. The Ordinary, as clerk, or his deputy, may grant citations and temporary letters, to hold till permanent ones are issued, and marriage licenses, at any time in vacation. He must report at the first term of the Supe- rior Court for each year, the estates in the county unrepresented, with a statement of their 3835 Regular ac- counts must be kept. Compensa- tion. Poor school fund. Copy of the list for Treas- urer and © Grand Jury. To file ac- counts ren- dered. Powers of Ordinary in vacation. Estates not represented, t 336 Administra- tor, executor, or guardian, elected Ordi- nary. Failing to settle. Disqualified for adminis- trator, &c. Cannot prac- tice law, &c. Ex officio jus- tice of Peace. Bonds in tes- tamentary caseg, APPENDIX. condition. And it is the duty of the Judge of that Court, to compel the Clerk of the Superior Court to take out letters of administration, if he has not done so, as it is his duty to do, or ap- point a receiver or guardian for them as shall ap- pear best ; and in all cases were there are estates unrepresented, the Ordinary may vest them in the Clerk of the Inferior or Superior Court, or any other person whom he shall deem fit and proper, requiring bond and security and after giving thirty days’ public notice, as is required in other cases. ‘Whenever any person, holding the office of administrator, executor, or guardian, shall be elected to the office of Ordinary, his letters, as such representative, shall abate, and the Ordi- nary shall issue citation in the usual form, and if no person applies, the Judge of the Superior Court shall appoint. If the Ordinary held the administration by virtue of his former office, then such administration devolves upon the Clerk of the Superior Court. Should the Ordinary neglect to perform his duty in this respect, mandamus will lie to compel him to do so; and if he fails to account for the property or funds of any estate, &c., in his hands at the time of his election, he is forever disqualified from holding the office. The Ordinary is ineligible to the position of administrator, executor, or guar- dian, and neither himself or any partners can prac- tice as attorney or give counsel in cases originating in the Court of Ordinary; and if guilty of the breach of this enactment, may be fined and im- prisoned at the discretion of the Court, and forfeits his commission, and is ineligible to re-election. The Ordinary is ex officeo Justice of the Peace so far as to administer such oaths, generally, as are authorized by law. All bonds in administrations, guardianships, &c., are made payable to the Ordinary of the county and his successors in office. ORDINARY, All patrol fines must be paid,to him for poor school purposes, to be applied in the same man- ner as the other funds placed in his charge. If he deems best, negroes, upon permission granted, may be sold in a county different from that.in which the decedent died, and in the same manner, guardians may invest surplus funds in slaves, the return to show the purchase fully, giving seller’s name, the price paid, &c., &c. He may allow administrators, &c., &e., from age and infirmity, or removal from the county, to resign their trust, upon giving two months’ notice of their intention, and swearing to their petition, which is to set out the facts fully. The Ordinary shall not allow any return until thirty days after it is filed, and he must record. all vouchers, &c., with the return, and he is en- titled to ten cents per hundred words for doing sO. There may be an appeal from the decision of the Ordinary, in all cases, to the Superior Court, by the party filing bond and security within four days, and ‘paying all cost; and the appeal pa- pers shall be transmitted to the Clerk of the Superior Court ten days before the next Court, and to be tried by a Special Jury like other cases on the appeal. . The Court may be opened by the Ordinary, or by a Constable, or Coronor, if no Sheriff is present. ‘When the testator died out of the county of his residence, the will may be probated in the county of the residence of the witnesses, if they resided where he died;, and certificate of probate, under the hand and seal of the Court of Ordi- nary of such county, shall be sufficient for the proper Court to grant letters testamentary there- on. The original will, and any caveat that may be filed, shall be transmitted with the certificate to the county of his residence. 887 Patrel fines, Slaves soldin any county. Guardians may buy slaves. Administra- tors, &c., may resign. No return al- lowed till filed 80 days. Record vouchers: Fees. Appeal, how amered and tried. Court, how opened. Testator dy- ing from home. Will to be proved in the county of wit- nesses, and administra- tion granted in that of his residence, 338 Powers of court of Ordinary, What subject to taxation, Exempted 2 property. APPENDIX. The Ordinary has power to preserve order, compel the attendance of witnesses, and the other customary powers, incident and necessary: to the very existence and usefulness of all Courts. TAX RECEIVER AND COLLECTOR—TAXES GENE- RALLY. All estates, tenements, and hereditaments of any kind whatsoever, with certain statutory ex- ceptions, are subject to an ad valorem tax, and the tax payer is bound to render in the same to the receiver of returns upon oath, whether held in his own right or as attorney, agent, guardian, administrator, or executor, or in any other capa- city, on the first of April each year. The pro- perty exempted is that which is made so by the Constitution of the United States and of the State of Georgia, all lands and property belong- ing to the United States and the State of Georgia, every building erected for, or used as, a school, col- lege, incorporated academy, or other seminary of learning, or for publie worship, Court-houses, jails, and lots on which they are situated, and all fur- niture, books, and apparatus belonging to them, (not held as merchandise for sale,) every poor- house, alms-house, house of industry, and be- longing to any charitable association or institu- tion, and the real and personal estate belonging to them or to any public library; also all mechanical or agricultural tools, all household or kitchen furniture, not over three hundred dollars in value, and not held for the purpose of sale, all poultry and two hundred dollars’ worth of property belonging to each tax payer, and all annual crops and provisions belonging to the citizens of the State, all fire arms and other instruments and munitions of war not held as merchandise, all wearing apparel of the tax payer and family, and the holder of any stock of any incorporated TAXES, TAX COLLECTOR, AND RECEIVER. 339 company liable to taxation. is not liable to be given in individually. All lands granted, if not surveyed, shall pay tax. All moneyed corporations, of all kinds whatever, unless exempted, shall pay (ax. All practitioners of law, physic, dentistry, all daguerrean artists, and all free persons of color, between eighteen and fifty years of age, have to pay a special tax of five dollars per head, besides the usual taxes paid by others. Every male citizen of the State, between the ages of twenty-one and sixty years, must pay twenty-five cents poll tax. Special taxes are abolished as to railroad com- panies, and they must pay taxes on their capital stock, assets, &c., according to their real value, unless exempt by their charters. Special taxes, however, are retained on Banks, - agencies of foreign Banks, the former to pay thirty-nine cents on one hundred dollars capital stock paid in, and the latter are to pay nine-and- three-fourths cents on each hundred dollars, for three months’ business, estimating notes, bills, drafts, checks, &c., as money, and of $150 on all slaves held in nominal slavery, and $100 for slave hiring his own time. The taxes are receivable in specie or in the bills of specie-paying banks, unless a special act, like that of the last Legislature, is passed to authorize other bills to be taken. After the receivers in the several counties make up their digests, they are to forward them to the Comptroller-General, and this officer, with the Governor, foots them up and ascertains the aggregate amount of each and all of them, and assesses the rate of taxation, not to be over one- twelfth of one per cent, usless that rate should be insufficient to raise the sum of $400,000, ex- clusive of the cost of collecting the taxes, and the Executive is to have the several collectors duly in- Lands grant- ed and not surveyed; moneyed cor- porations, Practitioners of law, phys- ic, dentistry; daguerrean artists; free persons of color. Poll tax. Railroads. Banks, for- eign bank agencies, * Slaves in nominal slay- ery, or hiring their time. - How receiy- able. How ascer- tained, 340 Tax receiver, duties of. Bond. Oath. Digest of property. Abstract. To classify returns, APPENDIX. formed of the rate imposed and the amount they are to collect. There must be a receiver-for each county, and he is elected, as provided by law, by the citizens of the same; (for mode of these elections, see “County officers,”) before he enters into the duties of his office he is to give bond, with sufficient security, (under the act of 1804 making him re- sponsible to the Executive,) payable to the Gov- ernor and his successors in office, conditioned for the faithful discharge of his duty in the office of tax collector in the county of his election, and he is to take the following oath :—“I, A. B., do solemnly swear (or affirm as the case may be) that I will truly and faithfully perform the duties of receiver of tax returns of taxable property in the county to which I have been elected, (or ap- pointed,) and I will not receive any returns ex- cept on oath or affirmation, and that I will sup- port the Constitution of the State of Georgia and of the United States—so help me God.” He must make a digest of all the property returned, in a fair and legible hand-writing, to- gether with the property of non-residents and defaulters, and by the first day of August, each year, transmit one copy of the same to the Comp- troller-General, and another to the Clerk of the Inferior Court of the county, and the third to the tax collector, and with it must be an ab- stract stating fully each head of taxation, and aggregate of the number of acres of land and value of the same; number and value of slaves ; number of polls, free persons of color, practitioners of law, physic, dentistry, daguerrean artists, d&c. The receiver is to classify the returns under the following heads :—Land, with the location, number of acres, and agyregate value, including the buildings, machinery, toll-bridges, or ferries on the same, and quality of the land; personal estate, specifying the number and aggregate TAXES, TAX COLLECTOR, AND RECEIVER. 841 value of slaves, and the aggregate.value of all other chattels, moneys, debts due, or to be due, from solvent debtors, in whatsoever form, and enter such classification in separate columns. He must advertise, in the most public place in each district, his intended visits to such district ten days before hand, and must attend three dif ferent days in each district, these visits to be on different days and not within seven days of each other, and it is his duty to receive the returns at any time before the digest is fully made up, and he is to give twenty days’ notice of the expira- tion of the time for receiving tax returns. Tt is his duty when he discovers any persons have not made a return, or have neglected to fix a value to their property, to make a valua tion as near as he can from all the information he can get as to the true value of such property, and double tax the same, (except the property of minors whose estates are unrepresented,) and an- next to his digest a list of said defaulters, and amounts so assessed against them, and the re- ceiver is made liable for twice the amount of any false returns made by him; he has author- ity to receive taxes of former years not collected. He is entitled to the same fees for State tax as the tax collector, which are given below, but they are not to be paid by the Collector, until he has a receipt from the Comptroller for the digest, and which receipt is to specify the amount of his commissions. If from any cause there should be a failure to elect a Receiver in any county, or, if it should be probable that from any other cause, the digests will not be made up, the Inferior Court may notify the Governor of the fact and appoint a Receiver or Collector. The Justices of the Inferior Court are, by law, disqualified from being Receiver or Collector. _ Each person who returns Proper to the tax 16 How to visit the districts. To receive returns at any time. As to de- faulters. Liable for false returns. Fees, &c. On failure to elect, the In- ferior Court may appoint. Who dis- qualified. 342 Oath of tax payer. May except property re- turned by an- other. Duty of re- ceiver and collector to follow in- structions. Receiver's duty as to land re- turned. Slaves, Tax collector to give bond. When given andhow. ° A certified copy. APPENDIX, receiver must take the following oath to be ad- ministered by him :—“ Youu do solemnly swear (or affirm as the case may be) that the account which you now give in is a just and true account of all the taxable property which you were pos- sessed of, held, or claimed, on the first day of April last, or was interested: in, or was entitled to, either in your own right or that of any other person or persons whatever, as parent, guardian, executor, administrator, agent, or trustee, or in any manner whatsoever, and that it is not worth more than the valuation you have affixed to it, to the best of your knowledge and belief—so help you God.” Such persons can, when they make the fore- going oath, except such property as they may, on oath, believe to have been returned by some other person. The Receiver and Collect r must follow such rules as may be established by the Executive Department from time to time for their guidance. He must compel persons in giving in land to describe it particularly, giving the number of the Jot and district, stating what county it is in, the quality, and number of acres in each lot or parcel, and when slaves are given in, their number and value. The Collector must give bond and sufficient securities to the Governor for the time being aud his successors in office, in the sum- of twice the amount of the tax collectable in the county ; and this bond must be given in ten days, and the Inferior Court, by resolution of the Legisla- ture of the State, (sixth December, 1813,) are to be very cautious in taking good security ; and a certified copy of the bond from the record ‘is made sufficient evidence of the execution, c&e., in case the original is lost or mislaid; and it is to be recorded in the Inferior Court records. TAXES, TAX COLLECTOR, AND RECEIVER. 843 The property of the Collector and security are bound from its date. He must also take the following oath :—I, A. B., appointed Collector of tax of the county of do solemnly swear, that I will faithfully discharge the duty required of me as tax col- lector of said county; and that I will support the constitution of the United States and of the State of Georgia—so help me God.” It is his duty to attend twice in each captain’s district, on different days, not within ten days of each other, giving ten days’ notice of his visits, stating the time they will be made. He is to get the digest from the Receiver by the first of August, and close his accounts and settle with the Comptroller by the twentieth of December, unless, - upon application made with the written consent of his securities to the Governor and Comptroller, on the ground that he, frorn providertial or other good cause, will not have time to do so, additional time is granted ; if he does not do so, it is the duty of the Comptroller to issue fi. fas. at once against him and his securities. He must issue and have levied tax jt. fas. against all de- faulters, and they must be advertised, and the property sold, as in cases of Sheriffs’ sales. When land is sold for taxes under fi. fas., there must be such a quantity of the land first exposed and offered,.as he may reasonably expect, to bring the amount of the jt. fa., and afterwards he may put up more if found insufficient, and sales maade in any other manner are void. De- faulters are to pay double tax, and the Collector is to pay the money collected from them into the treasury. . Taxes are.to be paid before any other debts ; all representatives of estates must appropriate a sufficiency of the assets of the estate to pay them ; all deeds of gift, sales, &c., made to avoid pay- Oath, To attend in each captain’s district. To get the di- gest Ist July, & settle 20th December, Fi. fas. vs. de- faulters, Land, how sold. Funds raised by sales. Taxes have 8 priority. Deeds, &e, to avoid, . 344 Mortgagee. Persons leay- ing the coun- Fi. fa. taken to any coun- ty. Fees. Forfeiture for: collectin, over the le- gal tax. Fi. fa. vs. collector. Duty of col- lector as to defaulters. To double tax defaulters. Fees. Fi, fa. vs. collector. Acting before he has quali- fied. Insolventlist. APPENDIX. ing the tax due, are void. The mortgagee is bound to see them paid. It is the duty of the Collector to levy upon the property of any one leaving the county without paying his or her taxes, even if the time of payment has not arrived. If no property in the county subject to the tax ji. fa., it may be taken to another. The Col- lector is entitled to five per centum on the amount of sales, and fifty cents for issuing the ji. fa., and liable for four fold forfeiture for collecting more than the legal tax. If in ar- rears, the Collector can be proceeded against by ji. fa., and his securities may be included, and the death of defendant does not stay it. The Collector is bound, diligently, to inquire for all property in default not returned by the Receiver, and shall assess a double tax upon the same, and make out and enter into a book kept for that purpose, the taxable property in default and not returned by the Receiver of tax returns, and the real value of such property in default, and double tax the same, and collect it, as im other cases of taxes, and make a return thereof to the Comptroller-General at the time of his final settlement with that officer; and for this service, he shall receive both Receiver’s and Collector’s commissions. Executions against defaulting tax tollectors for the State tax are issued by the Comptroller- General, and for the county tax, by the Inferior Court, and are to be levied and collected by Sheriffs as other fi. fas. They bear. interest at the rate of twenty per cent per annum. . The Collector is subject to indictment for act- ing before he has qualitied. From the confusion caused by several conflict- ing, amendatory, and repealing statutes passed in regard to the insolvent lists, it is almost impossible to state what is a true interpre- tation of the law upon the subject. The TAXES, TAX COLLECTOR, AND RECEIVER. 345 two acts of 1857, (assented to twenty-first and twenty-second December,) and other acts not conflicting with them, provide as follows :— The Collector is to place before the Grand Jury or Inferior Court, in term time, or assembled for this purpose, any time in vacation before the fifteenth of December of each year, an insolvent list, to be sworn to by him; and they are to allow or disallow the same upon the sworn list so rendered, or upon the ji. fas. returned with the proper entries thereon. They are to state how much is allowed him for his State and how much for the county tax; and if any settlements are mage before the insolvent lists are allowed, the amount of such list may afterwards be re- funded to him by the Treasurer, as may an other funds over-paid by him. In doubtful cases, the Governor is authorized to refer the matter to the next Legislature. The following form has been approved by the Executive Office at Milledgeville for the allowance of the insolvent list by the proper auth: rities :— We, the Grand Jurors, cho- Se nly: sen and sworn for the term (or the Justices of the Inferior Court this day assembled) upon an examination of the insolvent list presented to us under oath by , tax collector of said county for the year , do hereby allow the said tax collector dollars and cents as his total insolvent list, of which sum, dollars and cents is allowed for the insolvent list of the State tax, and dollars cents for the insolvent list of the county tax. The Clerks of the respective Courts must. cer- tify to the action of the Grand Jury or Justice, How allowed. Amount overpaid to Treasurer. Insolventlist, form of cer- tificate. Clerk’s cer- tificate. 346 County tax. Fees, On net amount of digest. Fees for poor school fund. Errors in “digest. His deed evidence, Fi. fas. by, how directed and levied. No interfer- ence or re- nlev'n, APPENDIX, whichever allows the list, and place the seal of office to his certificate. The Collector, when required by the Inferior Court, must give bond and approved security to the Justices of the Inferior Court, and their suc- cessors in office, for the faithful collection and payment of County tax into the office of the In- ferior Court, in a sum not over twice the amount of such tax; and for such service, is entitled to the usual commission. The Receivers and Collectors are entitled to receive the following fees, to be calculated on the net amount of the digests—that is, on the amounts of such digests after deducting the de- fault list from the Receiver’s digest, and the insolvent list from the Collector’s digest :— On all digests over $20,000.............. 8 per cent. se o 10,000 & under $20,000 4 “« . = 6,000“ 10,000 5 « es . 4,000 “ 6,000 6 “ st ss 3,000 “ 4,000 7 «* “ “ 2,000 « 3,000 8 « “ “ 1,000 “ 2,000 9 “ rn ¢ ceee a 1,000 10 “ He is also entitled to five per centum for col- lecting the poor school fund. Any error in the digest may be corrected by the Governor and Comptroller-General. The deed of a tax collector is made evidence of the facts therein stated when he is dead or removed to parts unknown. The executions issued by the Collector against defaulters are to be directed to all and singular the Sheriffs and Constables of the State, and if- under thirty dollars, may be levied by a Sheriff or Constable; when over that sum, must be levied by the Sheriff. There can be no judicial interference with the collection of taxes, nor any replevin had under COUNTY OFFICERS. any: levy, but the parties must be left to their action at law. The Justices of the Inferior Court may levy a county tax not to exceed fifty per cent of the State tax, (exclusive of Educational and Poor School tax,) on recommendation of two-thirds of the Grand Jury at a regular term of the Supe- rior Court, whenever the exigencies of the county require its and they are expressly required to raise funds necessary to pay the fees of Sheriffs, Coronors, Jailors, d&c. COUNTY OFFICERS. Elections for Sheriffs, Coronors, Ordinaries, Clerks, and County Surveyors, are held on the first day of January, -every two years, by the citizens of the respective counties entitled to vote for members of the Legislature or Repre- sentatives, and shall be opened, conducted, and closed in the same manner as an election for members of the General Assembly, and they are to hold their offices until their successors are elected and commissioned. All vacancies are to be filled by elections in the same manner as the officers originally were elected. In case of tie, the Inferior Court may order a new election. There is to be twenty days’ notice of such new elee- tions given by two or more Justices of the Inferior Court or of the Peace, at three or more public places in the county of such election. They may appoint deputies, but are responsible for their acts, and are subject to the order of the Court although out of office. They are bound to qualify- and give the Lond and security re- quired by law in ten days after their commissions arrive, and they are notified of the fact. They must apply for their commission in twenty days after they ate elected. ‘They are required, in addition to taking the 347 County tax, Must raise fund to pay for Jailors, &C, Elections, ‘ when and how conduct- ed, held, &e, To hold ad interim. Ifa vacancy or tie, Notice. Deputies. Subject to court if out of office. Must qualify and give bonds in 20 days, and ap- ply for com- mission in 20 days. = 348 Must swear to support the constitu- tion of Geor- ia and the . States. Where hold-; er of public money. How re- moved, Receiver and collector of taxes, how elected. Constables, how & when elected, If a vacancy. Justices of the Inferior Court, how elected. APPENDIX, oath of office, to swear they will support the constitution of the State of Georgia and the United States; but their failure to do so, does not invalidate their acts under the commission they hold. They are also to swear, when they have been holders of public moneys, that they -have duly accounted for them, and cannot be commissioned until they procure the certificate of the Treasurer and Comptroller to this fact. The Governor, on representation of two-thirds of the Justices of the Inferior Court and of the Peace of the county, may remove them, or upon their being convicted of mal-practice in office. Receivers and Collectors of taxes are to be elected in the several counties, by ballot, by those electors entitled to vote at the general election, on the first Monday ion January of each year, and the elections must be opened, closed, and conducted as are other county elec- tions. Constables are to be elected by the people of the different districts on the first Saturday in January, each year, by those persons entitled to vote for members of the General Assembly, and to be superintended by a Justice of the Peace and two freeholders ; and when elected, to take the oath and give bond. If there should be a failure to hold the election, or a vacancy should occur, the Justices or Justice may advertise an election, giving ten days’ notice of the time and place, in three of the most public places in the county. ‘The Justices of the Inferior Court of the sev- eral counties are elected on the first Monday in January, every four years, and hold their offices until their successors are elected and commis- sioned, by the citizens of the County entitled to vote for members of the General Assembly, and the election is to be opened, conducted, and closed in the same manner as the election of COUNTY OFFICERS. other County officers. They are removable for impeachment, for malpractice in office, or may be removed by the Governor on address of two- thirds of the members of both branches of the General Assembly. The Jailor, before he enters upon the duties of his office, shall give to the Sheriff bond and security, and shall take and subscribe the follow- ing oath:—“J, A. B., do solemnly swear (or affirm as the case may be) that I will well and truly do and perform all and singular the duties of Jailor for the county of , and that I will humanely treat all prisoners who may be brought to the jail, of which I am the keeper, and that I will not suffer them to escape by any negligence or inattention of mine, and that I will support the Constitution of the State of Georgia and of the United States—so help me God.” The conduct of the Jailor must be superintended by the Inferior Court, and they are authorized to instruct them concerning the discharge of the duties of their office. They must receive prisoners on criminal or civil process from the adjoining counties, pro- vided, when those arrested under civil process are brought to the jail, the jail fees are deposited or security given for them. They are liable to indictment and removal from office for willful inhumanity to prisoners, or for refusing to receive a prisoner charged with an indictable offence. They cannot place a prisoner in irons unless imprisoned for a capital offence, and then it must be specified in the order of the Court imprisoning them. He must fur- nish to prisoners blankets, medical aid, dzc., when required, and has priority of claim over any other on county funds for repayment. The Justices of the Inferior Court may, in their discretion, except under special statutes where the people elect, appoint a County Treasurer, and 349 And re- moved. Jailor, bond and security. Oath. Under the Inferior Court’s con- - trol. When no jail in adjoining counties. Willful inhu- manity, and refusing to receive pris- fae pun- ished. To iron pris- oners, when. Blankets, medical aid, &e, Treasurer, Bond, 350 Oath, To receive all county funds to be paid him. How to pay orders, To keep ac- count book of funds re- ceived and paid out. Fees, For embez- zling, &c. Prima facie proof of. Clerk of In- ferior Court to give bond. APPENDIX, when so appointed, he is to give bond and se- curity in a sum, to be prescribed by them, which is not to be less than double the amount so com- mitted to him, conditioned for the faithful dis- charge of his duty as such treasurer, and also to take and subscribe the following oath :—“ I, A. B., do ‘solemnly swear (or affirm as the case may be) that I will well and truly execute and perform all and singular the duties incumbent on me as the treasurer of the county of ; and that I will support the Constitution of the State of Georgia and of the United States—so * help me God.” . All moneys of the county, collected by any offi- cer of the county, must be paid over to the county Treasurer, and, on failure to pay, 20 per cent inter- est; he shall pay all county orders on himself, promptly when in funds, and to take a receipt on theorder. Itis his duty to keep a book, and on the debit side place all sums paid out. by him, the person to whom paid, and the tine when paid ; and on the credit side the sums of money received by him, the persons from whom received, and on what account received, and he must exhibit an account to the first Grand Jury of each year, giving a detailed statement of the several ob- jects of the expenditure and the amounts of the same, The Inferior Court are to allow lim such com- missions, not to exceed two-and-a-half per cent for receiving, and as much more for paying out, as they may deem proper. He is liable for diverting, misapplying, em- bezzling, or concealing the county funds, and on his failure to make a full exhibit to the Grand Jury it shall be prima facie evidence of this fact, unless he is prevented by providential cause. Whenever the Clerk of the Inferior Court acts as County Treasurer he is to give bond and’ COUNTY OFFIOERS. security as is herein provided for thé Treasurer of the county regularly appointed. There shall be a surveyor in each county; they can administer the oaths prescribed by the statute in case of admeasurement of dower, and they are to give bond and security insum of one thousand dollars, conditioned for good behavior in office and the faithful performance of his duties as such surveyor, and also shall take and subscribe the following oath before any two or more of the Justices of the Inferior Court of the county for which he has been elected :—“I, A. B., do solemnly swear (or affirm as the case may be) that I will to the best of my skill and knowledge discharge the duty of surveyor for the county of , and that I will not admeasure, survey, or lay out, or knowingly admit of or catise to be admeasured, surveyed, or laid out any land, without a war- rant first obtained for that purpose, and that I will support the Constitution of the State of Georgia and of the United States—so help me God.” , The Coroner’s fees are to be paid by the county when the estate of the deceased is not sufficient to do so. The owners of negroes are, in all cases, to pay the expense of the inquest, and the Coroner may issue an execution to en- force them, and it is his duty to deliver all in- quests taken over to the Superior Court, and if he neglects his duty in this respect is liable to a fine of five hundred dollars. When the Sheriff is interested in any case (as in action of ejectments when the land is divid- ed by county lines, or summoning talesman, é&e.,) it is the Coroner’s duty to act. Tllegali- ties filed to executions which the Coroner issues are to be returned to the Superior Court ; his returns must be made on oath to all rules, and he is liable for twenty per cent on all ‘ 351 Surveyor. To adminis- ter oath. Bond. Oath. Coroner, fees. Fi. fas. for. If Sheriff interested. Tllegalities to fi. fas, 852 The import- ance of elec- tions being roperly con- acted. When held. Managers, APPENDIX, money collected by him and retained after a de- mand or a rule absolute granted. ELECTIONS, In the free and equal government under which we live, each citizen, qualified by the Constitu- tution of the United States and of Georgia, and the laws made by Congress and the State Legis- lature, has the right to give his vote at the polls for whomsover he prefers to fill the various judicial, executive, and legislative offices of the State. That right, by our system, must be guarantied and protected to every one—the elective fran- chise, to be valuable, must be free and uncon- trolled. Wealth and superior abilities, ambi- tion and party zeal, without legislative pro- tection, would soon overpower or control the ignorant, the dependent, and the depraved, and, if nothing prevented, would soon usurp the privileges of the people, and freedom and liberty would be here, as in many other lands, meaningless epithets. It is for the perpetua- tion of the independence we now enjoy in the practical workings of our government that so many guards have been placed around the purity of the ballot-box, and those to whom the law has committed this most important duty should discharge it faithfully and fear- lessly: : Elections for Governor, Members of the Gen- eral Assembly, Representatives in Congress, Elec- tors for President and Vice-President, and County Officers, are held at the Court-house in the sev- eral counties and at the precincts which the Legislature or Inferior Court have from time to time established. They are superintended by Magistrates appointed by the law, or freeholders of the county, ‘to whose hands the duty of see- ing them properly conducted has been assigned... ELECTIONS. Three or more Magistrates, or one Magistrate and two freeholders, or, if no Justice of the Peace or of the Inferior Court is present, three freeholders, may conduct the elections. If there is a Magis- trate present he must administer the oath to the others, and one of them, in turn, to him, if not, or if he refuse to administer the oath, they can administer it to each other, and certify the elec- tion to the Governor. The managers, whether Justices of the Inferior Court or of the Peace, or freeholders, must take and subscribe the following oath :—‘ All and each of us do solemnly swear (or affirm as the case may be) that we will faithfully superintend this day’s election ; that we are freeholders, Jus- tice of the Inferior Court, or Justice of the Peace of this county ; that we will make a just and true return thereof; that we will not knowingly per- mit any one to vote unless we believe he is en- titled to do so according to the laws of this State, nor knowingly prohibit any one from voting who is entitled by law to vote; and that we will not divulge for whom any vote was cast unless called upon under the law to do so—so help us God.” The polls must be opened between seven and ten o’clock in the morning, and closed at five o’clock in the afternoon. There must be three Clerks, each of whom must keep a roll of the voters’ names, one of which is to be filed with the Clerk of the Superior Court for public in- spection, and another list to be returned to the said Clerk for the use of the Grand Jury, on which shall be plainly and distinctly marked the names of all persons challenged in the said election before them, within three days after the election; and the failure to do so, subjects them to indictment and fine in the sum of not less than $50 nor more than *500, and, also, to all the pains and penalties for false swearing, on being indicted 353 Who may be. Oath, how ad- ministered, Managers’ oath. The polls, how opened and closed. Rolls kept by three clerks, one for Clerk of Superior Court. Another for Grand Jury. Penalty for failure, 354 The duty of clerk. And of Grand Jury. The third list for Governor. Blank forms to be fur- nished. Form for re- turn of elec- tion of coun- ty officers. APPENDIX. and convicted for that offence; and to this list must be attached a copy of the original oath taken by the managers, and certified>by them. Th> Clerk, under penalty of $100 fine, is to de- liver this list to the Grand Jury, whose duty it is to examine the list and present all persons who have voted illegally, and, also, to present the managers and clerks, if delinquent in the duties required of them, as stated. The third list so kept is to be transmitted 1o the Governor, with the election returns as stated below. The Governor is to transmit to the Clerk of the Inferior Court blank forms for election pur- poses, and the Clerk must furnish managers with them. The following is the forms usually fur- nished for the return of the managers :— STATE OF GEORGIA, County, To his Excellency, Governor. Dear Sir :—By virtue of the statutes of said State, for such cases made’and provided, an election was this day held at in said county, for Judges of the Inferior Court, Sheriff, Clerk of the Superior Court, Clerk of the Infe- rior Court, Judge of Ordinary, Tax Receiver, Tax Collector, Coronor, and County Surveyor. And we, the superintendents, do certify that we were the managers duly sworn for said election ; that we opened, conducted, and closed said elec- tion according to law; and that, upon counting the votes polled, the following is the result :— For Judges of the Inferior Court, For Sheriff, ELECTIONS... For Clerk of the Superior Court, For Clerk of the Inferior Court, . For Judge of Ordinary, For Tax Receiver, For Tax Collector, For Coronor, For County Surveyor, All of which will fully appear by reference to the enclosed list of voters and tally sheet. Given under our hands and official signatures this day of 185 , —_—Ls. = se] Superintendents. —__ES. It is the duty of the managers of elections, at all the precincts in the county, to keep tally sheets and list of voters, which are to be dis- posed of as follows :—Two of them are to be handed to the Clerk of the Superior Court, (one of which is to remain in his office for public inspec- tion, and the other to be placed before the Grand Jury on the first day of the next term of the Supe- rior Court, with the names of all persons whose votes were challenged, plainly and distinctly 355 List of voters and tally sheets to be Kept. What to be done with them, 356 Form for list of voters and tally sheet, APPENDIX. marked,) and the other to be sent to the Gov- ernor, with the consolidating sheet, of which a form has been given above. The following has been prepared as a con- venient form for a list of voters and tally sheet 5 they should be joined together so as to make a more convenient packet :— “List of the names of the voters voting at the election held this day in the county of ’ for Sheriff, Clerk of the Superior and Inferior Court, Justices of the Inferior Court, Tax Re- ceiver and Tax Collector, Ordinary, Coroner, and County Surveyor— ‘ 1. John Jones. 4, James Groce. 2. William Smith. 5. Lewis Spear. 8. Charles Spence. 6. William Spell. —proceeding thus till all the names are taken down and duly numbered, attaching thereto the tally sheet as follows :— * Tally sheet kept at the “ Court-house” in the election for officers mentioned above.” FOR SHERIFF. John Gray, ==26 Samuel Jones, ==40 FOR CLERK SUPERIOR COURT. John Day, =64 FOR CLERK INFERIOR COURT. John Day, =64 FOR TAX RECEIVER. Solomon Law, =48 Israel Wise, =20 ELECTIONS. FOR TAX RECEIVER, ‘Benjamin Poore, “ - 64 | FOR CORONER. William Spence, _ FOR COUNTY SURVEYOR. Edwin Ray, a iS =f] Given under our hand and official. signature, this-“fourth” day of “January,” in the year “eighteen hundred and fifty-eight.” « JOHN WILLIAMS, ” [1.8.] Justice of the Peace. “JACKSON BROWN,” [z. s.] Justice of Inferior Court, “ WILLIAM GRAYS,” [z 8.]- Freeholder. The managers siodld number all the , ballots in every election held in the State, except for militia officers, in the order, and with the same number that stands against the name of the voter in the list; and on counting out the votes, they are not to allow the bystanders to examine. the ballots, but shall carefully preserve and seal them up ina strong envelop and return them to the Clerk of the Superior Court, who shall hold them sixty days, and if no contest about the election, shall then burn them without opening or examining. them. If the election be con- tested, the ‘tickets. shall be delivered to the proper authorities, together with the list of yoters, who shall open them. and proceed to purge them by ascertaining the illegal votes, which shall be thrown. out, a the person hay- 857 Duty of man- agers as to tickets, Ballots tobe ~ at once sealed and kept six- Ks days b; erk, an then burned. In contested elections. 858 Tn county elections Governor to decide. fai. iat to accept must order new election. Managers to consolidate returns. And certify them to Ex- ecutive, Oath for ille- gal voters, when voter in his own county. APPENDIX. ing the highest number of legal votes shall be declared duly elected. In elections for county officers, when contested, the proof of grounds of objection to the legality of the election must be made to the Governor, and it is his duty to com- mission the person having the highest number of legal votes, or order a new election, as the cir- cumstances of the case may require ; ‘and if the person elected should not within twenty days, or if out of the State, forty days, unless pre- vented by providential cause, notify the Governor of .bis acceptance, he must order a new election. The managers of the elections,-or a majority of them, are to meet at the Court. ‘house the day after the election as the place pointed out by law for counting votes, with the superintendents of the other precincts, if any, or one of the said managers from each of- such other precinct, and compare, count, and add together, the returns from all the precincts, and return and certify, as above -directed, to the Governor, the result of said election in their county; and the Justices and freeholders are to sign all such returns made as superintendents. When any doubts may be suggested as to the legality of any vote, the person applying to vote may be compelled to take the following affidavit to be administered by the superintendents :— “Ty, , do solemnly swear, (or affirm as the case may be,) that I have attained to the age of twenty-one years ; have paid all legal.taxes which have been required of me and which I have had an opportunity of paying, according to law; that Iam a citizen of the United States, and have usually resided in this county for the last six months, and have considered it my home or place of residence during that period, and that Chave not this day voted at any election held in this county or State, for Governor, Mem- bers of Congress, Electors for President and Vice- ELECTIONS. President, Members of the General Assembly, or County Officers, as the case may be—so help me God.” If the voter applies to vote out of dite county in which he lives, the oath is as follows:—I, , do solemnly swear, (or affirm as the case may be,) that I have attained the age of twenty-one years and am a citizen of the United States, and have usually resided in this State for the last six months, and have considered it my home orsplace of residence for that period, and have paid all-legal taxes required of me and which I have had an opportunity to pay, ac- cording to law; and that I have not this day voted at any election held - in this State, for Governor, Members of Congress, Electors for President and Vice-President, Members of the General Assembly, or County Officers—so help me'God.” When any person intends to contest the seat of any member-elect of the General Assembly, he must give him five days’ notice of such inten- tion, and the same notice of the time and place of taking. testimony, so that he may attend and cross-examine the witnesses ; and if the person whose seat is so to be contested, desires to take out the interrogatories of any person, he must give the other party similar notice; and either party is -entitled. to attend and be present on such taking of testimony in person or by At- torney. Testimony may be taken at any time within twenty days. ~ Any person who votes more than once at any election which may be held in any county of the State, or votes out of the county where he usu- ally resides, for members of the Legislature or county officers, such person shall be indicted. for a misdemeanor, and on conviction, punished by imprisonment and labor in the penitentiary for not less than. one nor more than four years. e 859 If out.of his county. Persons in- tending to contest an election to ae notice, Testimony, how taken, ~ Woltag twice, and illegal voting. 6 How pun- ished, 360 If under 21 years of age, and over 14, Buying or selling a vote, &c. Penalty for false return, or trying to influence votes, in managers or candidates, If a Justice. Any one else. Freedom of elections and of the polls guarantied. Proviso. Who to at- tend and keep order. APPENDIX. If any person under the age of twenty-one years and over fourteen votes illegally, he shall be fined $100, or imprisoned in the county jail, at the discretion of the Court. 2 Buying or selling a vote, or offering to do so, or being concerned therein, is punished the same way, and to the same extent as illegal voting. If the superintending Magistrates or officers of such elections render a fraudulent return, or they or either of them, while superintending such election, or any candidate, shall influence or endeavor to influence or persuade any one not to vote as he first designed or intended, or shall take any undue means to obtain a vote, he shall forfeit $100; and if a Justice, he shail for- ever be disqualified front serving in the com- mission of the peace ; and if a candidate, shall be thereby incapacitated from holding the office for which he may have been elected. Any one who shall menace, bribe, arrest, or attempt to overawe, affright, or force any voter on the day of election, or shall afterwards abuse, menace, despitefully use, or insult a voter for his vote, shall be bound over to the Superior Court in the sum of $100 and two securities, and is lia- ble to indictment, and if convicted, shall forfeit a sum not exceeding $100. Voters are free from arrest, and any officer who arrests any person who is attending upon an election, shall suffer a penalty not exceeding $500, provided, not more than four days are allowed for -the voter to go to and from his residence to the polls. Any process served on the citizen when so attending the election, is null and void. The Sheriffs, Deputy Sheriffs, and Constables ofthe county, must attend upon the polls, and preserve order, and execute the commands of the superintendents ; and when none of these ELECTIONS. officers are in attendance, the manager can ap- point some-fit and: proper person to do so. ~ The members of the General Assembly are elected the first Monday of October, biennially. The Legislature meets annually on the first ‘Wednesday in November. Electors for the mem- bers of the General Assembly, by the constitution, must be citizens and inhabitants of this State, have attained the age of twenty-one years, have paid all taxes that may have been required of them and which they have had an opportuaity of paying, agreeably to law, for the year preceding the election, and have resided in the county for the past six months, When there is a vacancy, the Governor issues a writ for an election to the Inferior Court of the county, whose duty it is to give notice and order a new electior, and such election shall be opened, conducted, and closed in the same manner as other elections for Mem- bers of the Legislature:. . For: qualifications, see the constitution of the State. Representatives in Congress are elected bien- nially on the first’ Monday-in October. No person is qualified for the office who has not been a citizen of the State for three years next preceding ‘his election, and who is not a resident 361 Members of General As- sembly, how and by whom elected, 1 Vacancies, how filled. ih Members of Congress, Qualifica- tions. ‘of the district; and during the term for which he is ‘elected, he can hold no office of profit un-' der the State or under the United States. When the President calls an extra- session of Congress before the first day of November in. any year in which the elections are to take place, the Governor must then appoint a day-for the election in time for such extra session.’ Two Justices-of the Peace are. elected on the first Saturday in January, every fourth year, by the citizens of the district to which they belong, entitled to vote for Members of the General As- sembly,-which election must be superintended by three freeholders of the district. The free- Extra session of Congress. Justices of the Peace, how elected, “&e. - Managers. 362 Term of office, How re- moved, Vacancy, how filled. Election, where held. Governor, how elected. Election, where and how held, The returns, how sealed ° up, &c. Governor's uty. APPENDIX: holders must transmit’a return of said election, within twenty days, to his excellency, the Gov- ernor, who is authorized to commission the per- sons so elected. They hold their office-for four years, and until their successors are elected and qualified, unless they shall be removed by con- viction‘on indictment in the Superior Court for any. mal-praetice in office, or for any felonious or infamous crime, or by the Governor on the ad- dress of two-thirds of each branch of the Gen- eral Assembly ; and if there should be a vacancy, the other Justice of the Peace of the district and three freeholders may order an election, giving fifteen days’ notice of the time, and such person shall hold the office only to the end of the term. Elections for Justices of the Peace must be held at the place of holding Justices’ Court for the district. The Governor is elected every second year by persons entitled to vote for Members of the Gen- eral Assembly, on the first Monday in October, which electious must be held at the usual places of holding general elections, in the several coun- ties of this State, and are to be conducted in the same manner as elections prescribed for Mem- bers of the General Assembly. The returns are to be sealed up separately from other. returns, and must be directed to the President of the Senate and Speaker of the House of Representa- © tives, and transmitted to the Governor or the person exercising the duties of Governor for thé time being, who shall, without opening the same, cause them to be laid before the Senate on the day after the two houses shall have been or- ganized, and they shall be transmitted by the Scnate to the House of Representatives. (For the rémaining provisions of the law see ‘ Con- stitution.”). The Judges of the Superior Court and Solici- tor-Generals are elected by the people. of the. ELECTIONS, 363 isthi } 1 Judges of Su- districts on the first Monday of January every four Jodsesor Sa. years, and they are.to be held, opened, man- and Solicitor- -aged, and. conducted in the same manner, and Generis, under the same rules and regulations, as are pre-. : scribed for elections of Members of the General As- sembly.. All free white citizens of the district-enti- Whe to vote. tled to vote for Members of the General Assembly, and who have resided in the district three months immediately preceding such elaction, are entitled to vote for them. The ballots are to designate The ballots. the names of the candidate for Judge and the _ district for which he is to be elected, and a plurality of the votes elect. The managers of Duty of man- such election are to meet at the Court-house the *8°"* day after the election, and count, compare, and consolidate the returns, and certify them to the Governor; and the Governor is to issue his pro- The duty of clamation declaring the person having the highest {he Bxecu- number of votes duly elected, and notify and require him to appear before two Justices of the. Inferior Court of the county in which he resides, and they are authorized and required to admin- ter to him the usual oath of office, in writing, Oath of which the Clerk of the Inferior Court shall enter °° upon the minutes of said Court, and transmit a copy of the same under his seal of office, or, - if none, under his own private seal, to the Gov- ernor as soon aS may be, and thereupon the His commis- Governor shall cause a commission to be made *°™ out. in the usual form and. transmitted to the person so elected as Judge. When a vacancy occurs, or it so happens that Vacancy there shall not be an election or choice of Judge “from death, of the Superior Court from any cause whatever, elect, &. it isthe duty of the Governor to order a special election to fill thé office, which shall be held on gow ated. the next day of a general election in the State : on the first Monday of January next thereafter, (and there is to be no election for a vacancy under twelve months in duration, but to be filled by 364 Galton: tions, Solicitor- Generals, The Supreme , Court. i Election for President and Vice- President, Who shall be entitled to vote, Managers to make imme- diate returns. APPENDIX, appointment,) “the -person’ elected to hold their office for four years. mn The qualifications necessary for J udge of die Superior Court are, residence in the State ten years immediately preceding the election, and one year in the district, to be thirty years of age, and five years admitted to#allethe. Courts of the State except the Supréme/ Court; and if the office of Solicitor-General is vacant, it is to be filled in the same manner by appointment, until the first Monday of January thereafter, when an eldction is to be held to fill the office, and the person elected to hold his office only for the unexpired time. The Judges of the Supreme Court are elected every six years by the Legislature, and no one is qualified for the office but who has been ad- mitted to plead and practice law ten years at least before his- election, in the-Courts of law and equity in this State. Electors for President and Vice-President are elected on Tuesday after the first’ Monday in November every four years, at the several places of holding elections for Senators and Representa- tives in the General Assembly, which elections are opened and-closed at the same hour and in the same manner, and shall be superintended and conducted by the same Magistrates and officers as by law shall be authorized to superin- tend and conduct the general elections of the State. Any person who is entitled to vote for Mem- bers of the General Assembly or Representatives in Congress, may vote for a number of electors equal to the whole number of Senators and Representatives to which the State of Georgia may be entitled to in the Congress of the United States; and it is the duty of the persons pre- siding at the election to make immediate re- turns to the Governor of the State of the result 1 ELECTIONS, of such election, clearly exhibiting the nuth- ber of persons voting for electors, the number of votes given in, the names of the person voted for, andthe number of votes which each may have received; and when there are different precincts in the county they are to meet and consolidate the returns as is done at the gen- eral elections, and, after being consolidated, must be forwarded as directed above to the Governor, by mail, if it passes in seven days, if not, by express. The Governor is to notify those electors who have a majority of the votes cast, and order them to meet at Milledgeville in pursuance of the law. Ifa majority of the electors do not receive a majority of the votes polled, or if they fail to attend, the Governor is authorized to call together the General Assembly, who may pro- ceed to choose electors for President and -Vice- President by joint ballot. If a majority of the electors are elected they are entitled to fill up, by ballot, their number to the number - required by law, and proceed. to. vote as in other cases. ly* 365 What they must show, Returns to be consolidated. 366 APPENDIX, RULES OF COURT, RULES OF PRACTIOE AT LAW AND IN EQUITY, ESTABL'SED BY THE JUDGES OF THE SUPERIOR COURT OF THE STATE OF GEORGIA, NOVEMBER 10TH, 1846. COMMON LAW RULES.. 1. The order of pleading shall correspond with that laid down by Judge Blackstone, and in no case shall more than one counsel be heard in conclusion. i SECTION I.—APPEALS. 2. No appeal shall be entered unless good security is given ; exceptions to the security on the appeal must be taken on or before the last day of the first term of the ap- peal, and if such exceptions are sustained, other and good security shall be given, or the appeal will be dismissed. If the security, good at first, becomes insolvent’ pending the appeal, the party appealing shall give other good security, in the discretion of the Court, or the appeal shall be dis- missed. ~ ie 8. Appeals must be entered by the appellant in person, or by his attorney. at law, or by any attorney in fact duly ‘RULES OF COURT. 367 authorized by warrant for that purpose; which warrant shall be filed in-the Clerk’s office at the time. of entering the same. Upon cause shown, the Court will allow.time to file ‘such warrant ; but such appeal shall.be of course dismissed, and execution issue without further order, if such warrant be not filed within the time allowed. ; 4, Appeals shall be tried at the first term after the ap- peal has been entered, unless good cause be shown for a continuance ; among which good causes of a continuance, a motion on oath, to make a substantial amendment to either declaration or answer, shall be considered sufficient, unless the opposite party shall permit the amendment to be — made instanter. No appeal case shall be continued more than twice by the same party, but for unavoidable providen- tial cause. ; 5. When an appeal is entered either of the parties litigant ‘may make any amendment of the declaration or answer they may deem necessary. The party amending shall give notice thereof in writing, accompanied by a copy of the amendment, to the adverse party, three months previous to the next term after the appeal; and if the party amending. fail to give such notice, and the adverse party will state on oath, or the attorney at law state in -his place, that he is taken by surprise, and is less prepared for trial in consequence of the amendment, the cause shall. be continued at the in- stance of the amending party. 6. The following shall, be the form of the recognizance upon an appeal, to be taken by the several Clerks, of the Superior and. Inferior Courts, in all cases of appeal; which recognizance shall be entered on the minutes of the Court and attested by the Clerk :— A. B.) and verdict for the for vs. > dollars and cents and cost. oa e C.D.) The being dissatisfied with the verdict of the jury rendered in the above cause, and having paid. all costs and demanded an appeal, brings E. F., and tenders him as his security; and they, the said . adi k, acknowledge themselves jointly and severally bound to 368 APPENDIX. ‘the - _for the payment of the eventual condemnation money in said cause. ° In testimony whereof, they have hereunto set their hands and seals, this day of * LB 8 ; fee} [Ls. SEC. II.—-ANSWERS,. 7. In all cases the answer of the defendant to a plaintiff’s ‘declaration shall plainly,-fully, and distinctly set forth the causes and points of defence, and the evidence on ‘trial shall be confined to the same. SEC. III.—_—ATTORNEYs. 8. Every person making application for admission to the bar must apply to some Superior Court in this State, and produce satisfactory evidence to the Court of his being twenty-one years of age, of good moral character, and of his having read law. A certificate of good moral character, and of the applicant being of full age, signed by any Judge of the Superior Court in this State, or any reputable practicing attorney thereof, will be deemed sufficient ;/ but from all other persons, a written affidavit will be required, and shall undergo the whole examination, touching his qualifications, in open Court. All applicants for admission shall be ex- amined on the principles- of the common and statute law of England in force in this State, the principles of equity, the Constitution of the United States, and of the State of Georgia, the statute laws of this State, and the rules of Court. And in no case, shal] any person be admitted who shall not be considered by the Court to be qualified for the practice of the law. And the following oath shall be ad- ministered to évery applicant upon his admission, viz. :— “J, A. B., do solemnly swear (or affirm as the case may be) that Twill justly and uprightly demean myself according to the laws as an attorney, counsellor, and solicitor; and RULES OF COURT. 369 that-I will support and defend the Constitution of the United States, and the Constitution of the State of Georgia—so help me God.” : fou After which, the following: commission shall be issued. by the Clerk :— STATE OF GEORGIA. At a Superior Court holden in and for the county of > at term, 18 Know all men by these presents, That at the present sitting of this Court, A. B, made his application for leave to: plead-and practice in the several Courts of law and equity in this State: Whereupon the said A. B. having given satisfactory evidenes of good moral character, and having been examined in open Court, and ‘being found well ac- quainted aud skilled in the laws, he was admitted by the Court to all the privileges of an attorney, solicitor, and counsellor, in the several Courts of law and equity in this State. : Tn testimony. whereof, the presiding Judge has ‘[us.] hereunto set his hand, with the seal of the Court an- nexed, this _ day of in the year 18 C. D., Judge Superior Court, Dt. Geo. - ; E. F., Clerk. 9. No attorney shall ever attempt to argue or explain a case, after having been fully heard, and the opinion ofthe Court has ‘been fully pronounced, on pain of being con- _ Sidered in contempt. a 10. In all cases; where payment or satisfaction shall be made on any judgment or execution, either in whole or in part, it shall be the duty of the attorney receiving the same, forthwith to enter an acknowledgment thereof and affile the same of record in the office of the.Clerk of the Court where such judgmeut was rendered; and’such Clerk is required to record such acknowledgement among the other proceedings ‘in the cause, and also to make a note thereof on the-docket of judgment opposite the place where such judgment is entered. And any attorney failing to comply with this rule, on or before the last day of the term next succeeding the making of such- payment: or satisfaction, shall be con- sidered~in contempt, and shall~pay.a fine not exceeding 870 APPENDIX. twenty-five dollars, which it shall be the duty of the Court ‘to impose, and he shall thereupon. moreover direct the re- cording and noting of such payment or satisfaction. 11. Writs and other proceedings may be signed by pro- fessional firms. When there is no firm, the Christian name of the attorney shall be added; but the usual abbreviations and. initials of all Christian names shall be sufficient. 12. No attorney or other officer of Court shall be taken as baid in any suit. or action depending or undetermined therein, or as security on any appeal-or other proceeding. And for a violation of this rule, the -attorney or officer in Court so offending, shall be punished as for a contempt, and the party shall be compelled to give other bail or security. SEC. IV.——BAIL,. 13. In any case where a defendant, who has given bail, and has final judgment obtained against him, is confined in any jail in this State, other than that of the county from whence the first process issued, the capias ad satisfaciendum | against such defendant, shall ‘be considered as executed so far as to release the bail, when placed in the hands of the Sheriff of the county where the said defendant is confined, and when the plaintiff or his attorney is notified of. such confinement, and neglects to charge him with the said capias ad satisfaciendum, within a reasonable time, the same shall be considered as executed, so far as to release the bail, and the bail, on motion and proof thereof, shall be discharged. * SEC. V.— CERTIORARI. 14. No certiorari will be sanctioned unless the alleged error be distinctly set forth in the petition; and no other errors shall be insisted BpoH, at the hearing, than are stated in the petition. 15. All writs of certiorari shal), after having been docket- ed by the Clerk, be delivered to the Magistrate whose’ pro- ceedings are the - subject of complaint, and written notice shall be given to the opposite party in interest, at least ten days before the hearing of the. cause; unless the certiorari @ RULES OF COURT. 371 shall be-applied.for, and sanctioned within twenty days after the decision complained of. fe 8 SEC, VI.—CLAIMS. * 16. In all cases of claims, as the burthen of proof rests with the plaintiff in execution, he is entitled to the conelu- sion, but if the claimant introduces no evidence, he shall have the conclusion, and the plaintiff in execution shall in every case pay the jury fee—and in case of illegality, the plaintiff in execution shall in like manner pay-the jury fee and conclude. : / : 17. In cases of claims, when either the plaintiff in execu- tion, or the claimant dies, pending the claim, their repre- sentatives may be made parties, on motion, and on producing letters testamentary or of administration. ; 18. When aclaim case is called in its order for trial, an issue must he. tendered within five minutes, or the levy will be dismissed, and no exceptions will be allowed to the bond or affidavit in case of claims or attachments after issue joined, ~except such as are taken in writing at or before the joining such issue. , SEC. ‘VII.—-CLERKS AND SHERIFFS. 19. When a criminal or civil process shall have been delivered to the Sheriff, or his deputy, ‘if no levy or service has been made in conformity with the exigency thereof, he shall state, specially, in his return, the cause why such levy or service has not been made. | If property which hath been levied on remains unsold, it shall be his duty to state the cause of its so remaining unsold, and to give a particular _ description of the same. 5 _ 20. The Sheriff shall make a return to the Clerk of the ° Court at the opening thereof, of the names of the Coroner and Constables of the county, four of which Constables the Sheriff shall notify to. attend each term, until the whole shall have served in turn; and the Sheriff shall be bound always: to have atleast four staves for the. Constables. 21, Every Clerk and Sheriff who cannot produee all the 372 APPENDIX, s : rules of Court when required, shall- be fined not exceeding ten dollars. 22, The Clerks shall keep a separate book in which they shall register the hames of all persons why may be fined by the Court, the time when, the offence for which they are fined, the amount received and disbursed. « 28. No Clerk sKall suffer any original paper of file to be taken from his office in vacation, without an order from the « Judge for that purpose. 24, The Sheriff of each county shall keep a bench war- rant docket, on which -he shall enter all bench warrants delivered to him, and the time when executed, if executed, the time when they may be delivered to him, and if not, the reason why they were not executed. 25. The Sheriff shall in all cases put the purchaser of real property at Sheriffs’ sale into possession of the premises, without further order or proceeding, when the defendant in execution was in possession of the same at the time of the levy or sale. Vide statute, pamphlet 1823, p. 158. SEG, VIII—COLLATERAL ISSUES. 26. No appeal shall be allowed in collateral issues ordered by the Court; but the Court will, in its discretion, grant a new trial, upon such terms as shall appear just and reason- able. But where such collateral issue is tried in the Inferior Court, and said Court is dissatisfied with the verdict, they may permit an appeal to the Superior Court, at their dis- cretion. . SEC. IX.— COMMISSIONS. 27, The following shall be the form of a commission to take testimony by interrogatories :— GEORGIA, County. By his honor, ; one of the Judges‘of the Court for the county and State aforesaid, to Esquires, Greeting :— Whereas, there is a certain matter of controversy. now RULES OF COURT. 373. depending in the Court for said county, between and whereas, is a material witness: in said suit, and- cannot attend our said-Court in person without manifest inconvenience :— -Now know ye, That we, reposing special trust and con- fidence in your prudence and fidelity, have appointed you, and you or any two or-more of you, are hereby authorized and required to cause the said personally: to come before you, and after being duly sworn, to examine concerning the said suit, agréeable to the in- terrogatories hereunto annexed, and the answers to, the same being plainly and distinctly written, you are to send the same closed up under your hands and seals, to our said Court, to be held on the day in- next, to- gether with this writ. Witness the honorable. one of the Judges of said Court, this day of 28. Commissions may issue in blank in so far as relates to the names of the commissioners, but the names of the witnesses intended to be examined shall be distinctly speci- fied in the notice served upon the adverse party, preparatory to issuing the commission. See 28d section of the Judiciary of 1799.—In Prince the 22d section, 211th page. 29. The time to be allowed for the return of commissions from any part of the United States of North America, if less than one hundred miles distait from the place of trial, shall be one month 5. if a greater distance, and less than five -hundred miles, two months ; if at a greater distance, three months; to any part of the West Indies, or South America, four months ; to any part of Europe, eight months. 30. When a commission is returned, it shall remain with the Clerk for the benefit of either party, and.may be opened by the consent,of both parties, such consent -being written on the cover of the commission, or by an order of the Judge, either in term time or in vacation, but such order, if applied for in vacation, must be upon five days’ notice to the ad- verse party or his attorney; and in cases of ‘commission returned, not executed or directed according to rule, either party in the cause shall, upon five days’ notice to the ad- verse party, or his attorney, be permitted to return the -~ 874. APPENDIX, commission and its contents to the commissioners, to be prop- erly executed and directed. 31, Commissions may be sent and returned by mail; to entitle the party to open the commission, the postmaster, his deputy, or ‘assistant, must receipt on the back, “ Received from A, B.,-one of the commissioners.” The names of-the commissioners must:be written across the seals of the en- velop, and the commission have such direction as will enable the Court to know that it was intended for that Court, and the usual abbrevfations or initials of Christian names of Com- missioners, Witnesses, Attorneys, Clerks, Magistrates, and Postmasters, shall be sufficient. ‘82. When a commission issues to examine a witness, its not having been returned, shall be no cause of continuance, unless the party seeking the continuance will make the same affidavit of the materiality of the testimony, as in the case of an absent witness.* as SEC. X.—CONSENT. 33. No consent between attorneys or parties will be en- forced by the Court, unless it be in writing and signed by the parties to the consent. 34. No consent to dispense with pleading, will, in any case, be allowed, nor will any evidence be received of: the contents of any written agreement between attorneys alleged to.be lost, other than a sworn copy of said agreement. SEC. XI.—CONTINUANCE, 35. In all applications for continuances upon the ground of the absence of-a witness, it must’ be shown to the Court that the witness is absent, that he has been subpoenaed, that he resides in the county where the case is -pendiny, that his or her testimony is material, that such witness is not absent by the permission, directly or indirectly, of such applicant, that he or she expects and.believes that he or she will be ‘able to procure the testimony of such witness at the next * See interrogatories, ae RULES OF OOURT. 875 term of said Court, and that such affidavit or application is made, not for delay, but to enable the party to procure the. testimony of such absent witness or witnesses, and must state the facts expected to be proved by such witness. 36. When on application for a continuance, the: party makes an affidavit of the facts which he expects to prove by the absent” witness, the opposite party shall not. be allowed to force a trial by an admission of the facts stated in such affidavit. a. oO SEC. XII.—DEFAULT. 37. Upon opening a judgment by default, thé defendant shall plead instanter to the merits of the action ; and no de- fault shall be opened but upon payment ofall costs which may have accrued, including ‘two dollars of the attorney’s fee.: The entry of default upon the bench docket, shall be suffi- cient evidence of the judgment. If the plaintiff allege himself to be surprised by the plea, the cause shall be con- tinued at the instance of the defendant. ‘ SEC. XIII.—DOCKETS. 38. After the Court is opened and until it adjourns each day, the Judge’s dockets shall.not be subject to the-inspec- tion of the bar or their clients. ; = 39. A criminal docket, a docket .of original writs and processes, claims and special writs, as also a docket of ap- peals, shall be made out by the Clerk for the use of the Court, copies of each of which shall be furnished the bar, and shall be delivered at the first opening of the term; and all causes shall be called and tried in the order in which they are docketed, without any preference or delay, unless it shall appear to the Court that it shall be injurious to press a cause to trial when regularly called. A different order in calling the docket may be pursued by the Court, in its discretion, fur the purpose of giving facility and expedi- tion to its proceedings. The duckets shall be ‘called but once; but if parties, by consent, under permission of the Court, continue their cases from day to-day, said cases shall 876 APPENDIX, not stand for trial until all the other business of the Court is finished, and then they may be tried in their order, at the -diseretion of the Court. 40. The Clerk of each Court shall keep a ‘motion docket, on which shall be entered all motions originating in said Court, or transferred for argument. from other counties. A party ‘applying to have a motion docketed, shall “certify in writing to the Clerk the delivery of a brief: ‘of such motion to the Judge, and shall pay to the Clerk one dollar at the time of docketing the same. All motions shall be called “and heard in the order in which they are docketed, nor shall atiy motion be heard until the same shall ‘have been dock- eted in conformity to this rule. = SEC, XIV.—-EXCEPTIONS. 41. All matters appearing on the face of the declaration, or process, that would not be good in arrest of judgment, shall be taken advantage of at the first term, and will be im- mediasely determined on by the Court, unless where the Court may entertain‘a doubt as to the law on the point ; if so, the cause will be suspended, giving the defendant leave to plead his exceptions, specially, together with any other matter which he intends to rely on in his defence. The exceptions thus pleaded shall be argued ata subsequent term, and if not sustained, the plaintiff shall’ have his elec- tion to try then, or to continue without a showing. SEC. XV.—EXECUTORS AND ADMINISTRATORS, 42. An executor or administrator shall not be permitted,, in answer, to deny any deed, bond, bill, note, or other writ- ten instrument of his testator or intestate, being the foun- dation of the plaintiff’s action, without an oath or affirmation indorsed on such plea or answer, that he has reason to be- lieve, and does verily believe, that such plea or answer is true. 3 : SEC. XVI.—ILLEGALITY, 48, When an affidavit of illegality is made; oh account RULES OF COURT. 377 * of partial payment made on the execution, the defendant, at the time of making such affidavit, must pay up the amount he amits to be due, or the Sheriff shall proceed to. raise that amount, and accept the affidavit for the balance. 44, No second affidavit of illegality shall.be received by any Sheriff or other officer. SEC. XVII.—IMPARLANCE. 45. No imparlance shall be allowed on writs of scire fa- cias, issued to enforce recognizances, either on the civil or criminal side of the Court, to make executors or administra- tors parties to a cause pending therein, or for the revival of Judgments, unless upon special cause shown to the Court. ~ SEC.- XVIII.—INTERROGATORIES. 46. When a cause is proceeding ex parte to a jury, in- terrogatories may be served by depositing a copy with ‘the Clerk and posting a notice to that effect in his ‘office, ad- dressed to the party in default, ten days before i issuing out a commission. No exception to a written interrogatory, on the ground-that it is ‘a leading question, shall prevail, unless it be filed with the interrogatories before the issuing of the commission. 47, All objections to the execution and returns of inter- rogatories on appeal trials, the form of the commission, or service of notice, must be made by the party seeking to avail himself of them; before the cause has been -submitted “to the jury, or they will not be heard by the Court, pro- vided that the said interrogatories have been twenty-four hours in the Clerk’s: office; and if they have remained. in the possession of the party intending to use them, they shall be communicated to the adverse pany before the cause is called for trial. SEC. XIX.—JUSTICES OF THE PEACE. 48. The Justices of the Peace shall return all examina- tions and recognizances by them taken, or other papers that 878 : APPENDIX.’ may be necessary to be-acted-upon by the Superior Courts of their respective counties, on or before the first day of the térm of each Court, except in the-counties of Richmondand Chatham, where they shall make said return ten “days be- fore said Courts, if taken that length of -time before .the sitting of the Court. SEC, XX.—LOST PAPERS. - 49, Upon the loss of. any original declaration, plea, bill of indictment, or other office papers, a copy of the same shall be established instanter, : 50. Whenever a party wishes to introduce the copy of -a deed or other instrument, between the parties litigant in evidence, the oath of the party stating his belief of the loss or destruction of the original, and that it is not in his pos- session, power, or custody, shall be a sufficient foundation for the introduction of such secondary evidence. 51. Whenever a party wishes to introduce thé-copy of a grant in evidence, the oath of the party stating that the original is not in his power or possession, and that he knows not where it is, shall be sufficient foundation for the intro- duction of such copy. : . 52. When any person shall seek to establish lost papers under the sixth section of the Judiciary act of 1799, he-shall present a petition to the Superior Court, together with a copy in substance, of the paper lost, as nearly as he can re- collect, which copy shall be sworn to by the party or proved by other evidence; ,whereupon a rule 2ést may be obtained, calling upon the opposite party to show cause (if any he have) why the copy should not be established in lieu of the original so lost, which rule shall be personally served on the party if to.be found within the State; and if he cannot be found, then the said rule nés¢ shall be published in some public gazette in the State for the space of three months. . SEC. XXI.—MOTIONS. 53. All grounds of motion for non-suit in arrest of judg- ment. and for continuance, all objections to testimony, and ‘ RULES OF COURT. ‘879 all exceptions to declarations, must be urged and insisted upon at once. And.after a decision’ upon one or more grounds, no others afterwards urged will be heard by the Court. 54, All motions for amendment of the declaration, shall ‘be made at the first: term or after: the case is continued at any subsequent term; and all motions for amendment of the answer, shall likewise be made after the continuance of the case ; and a copy of the amendment, in either case, shall: be served on the opposite party. Exceptions to the declara- tion or answer, shall be taken before the case. is submitted to the jury either at common law or on the appeal; and in no case shall the declaration or answer be amended in mat- ters of substance after the case has gone to the jury. at -common law, nor on the appeal, except at the discretion of the Court, and. upon payment of costs, and, provided, that in all.cases when an amendment of the,.declaration or an- swer is made after the case has gone to the juryon the appeal ; the party so amending, shall be charged with a continuance at the pleasure of. the Court or the opposite arty.. . : 55. On all the rules to show cause, the party called on shall begin and-end his cause ; and on. all. special matters, eee out of a cause at issue, the actor or party ssubmit- ting a point to the Court, shall in like manner begin and close;-and in all cases arising ex delicto, if the defendant pleads justification and takes upon himself the burthen’ of proof, he shall.have the like privilege. 56. Every motion for any rule or order shall be subinittad to the Court in writing -by the counsel who miakes it, and if ranted by the Court, shall be delivered to the Clerk. SEU, XXIIL—NOTICE. 57. No notices under the sixth section of the Judiciary act of 1799, hereafter to be served, shall be available, un- less the party for whose benefit they shall be served, or his. agent, shall previously have made affidavit (or his attorney stated in his place) that the deponent or attorney has reason to believe the Looks or papers required to be: produced are, 380 APPENDIX, or have been, in existence, that-he believes they are within the possession, power, or control of. the person notified, and that they are material to the issue, (which. affidavit shall be filed in office before the notice shall be available,) nor un- less the Court shall be of opinion that the books or papers sought to be obtained are material to the issue. And it shall be deemed a sufficient compliance with the notice ‘(whether served heretofore or hereafter) if the party notified, ‘being a resident of any other county of the State than that wherein the case is. pending, shall-make an affidavit in writ- ing before some judicial officer of the State, that the books or papers required and not produced;.are not, nor have been, in his possession, power, or control, since the service of such notice. And if the person notified be or reside without the State at the time of receiving such notice, an affidavit to the foregoing effect taken before some Judge of the Supe- rior or County Court of the State or kingdom ia which he may be, shall be deemed sufticient. . 58. In actions of asswmpsit for the recovery of unliqui- dated demands, a bill of particulars shall be annexed to the copy served on the defendant; and in every case where the plea of set-off shall be filed, a copy of the set-off shall be filed at the time of filing the answer; and when. the bill of particulars is not annexed to the declaration, the plaintiff shall lose a term; and if service of said bill of particulars is not effected upon the defendant by the succeeding term, a nonsuit shall be awarded. ~ ‘ ; we 59. When a merchant or tradesman, being a party to.a suit in any of the Courts of this state, shall be notified to produce his books of accounts, or any of them, to be used as testimony on the trial, if the party.so notified shall transmit to the Court in which the case is pending, a transcript from his books of all his accounts and dealings with the opposite party, together with an affidavit (taken pursuant to the fifty- ninth common law rule of Court) that the same’ is a fair and perfect transcript as aforesaid, and that he cannot pro- duce the book or books required without suffering a material injury in his trade, this shall be deemed a compliance with the notice, provided, if the adverse party will swear that he verily believes that the books contain entries material to RULES OF COURT. 881 him which do not appear in the transcript, the Court will grant him a commission to be directed to certain persons named by the parties and approved by the Court, to cause the adverse party to produce the book or books required, (he being first sworn that the book or books produced is or are all that he has that answer to the description in the notice,) and to examine said books and to transmit to the Court a fair statement of the accounts between the parties, under their hands, sealed and transmitted, as on other commis- sions, which statement, when received, shall be deemed a sufficient compliance with, the notice. ‘ 60. All notices, required to be given to any officer of the Court, must be in writing. SEC. XXIII.—NEW TRIALS. 61. A motion for a new trial shall not operate as a su- percedeas, unless an order to that effect be entered on the minutes; and in every application for a new trial, a brief of the testimony in the cause shall be filed by the party ap- plying for such new trial, under the revision and approval of the Court. SEC, XXIV.—PROCHEIN AMI, 62. No prochein ami shall be permitted to institute any personal action, in the name and behalf of an infant, until such prochein ami shall have entered into sufficient bond to the Governor of the State, for the use of the infant and his representatives, conditioned well and faithfully to account of and concerning his said trust, which bond may be sued by or- der of the Court in the name of the Governor, and for the use of such infant; and such bond shall be filed in the office of the Clerk of the Court in which the suit may be com- menced. SEC. XXV.—RECOGNIZANCES. 63. All recognizances taken by the Clerk for the appear- ance of either parties or witnesses, shall be written in a book for that purpose, separate and distinct from the minutes, to which he shall affix an os a index, 1 882° APPENDIX. SEO. XXVI.—SCIRE FACIAS. 64. Writs of scire facias, issued to revive judgments, shall be returnable to the next Superior Court of the county where the defendant or defendants reside, under the follow- ing regulations, viz. :—The party suing out such writs shall procure a full exemplification of the record of the judgment, which shall be -sent to the Clerk of the Superior Court of the county where the scire facias is made returnable, and filed with the same, whereupon judgment may be revived on such exemplification, in like manner as if the original judgment had been recovered in the county where the scére Jfacias is made returnable. 65. A suggestion of the death of either party, for the purpose of enabling the survivor, or the representatives of such deceased party, to issue scire factas to revive, may be made either in term time or in vacation ; in either case the order for issuing the scire facias shall be of course, and be granted by the Clerk ; and such suggestion, and the order thereon, shall be filed among the proceedings in the cause. SEC, XXVII.—SIGNING JUDGMENTS. 66. In all and every case when a verdict has been obtained at common law, and an appeal entered without judgment signed upon the said verdict, judgment shall not afterwards be signed further back than the time of disposing said appeal. SEC. XXVIII.—SUBP@NA. 67. Subpcenas duces tecum may issue against third per- sons without order, at any time upon application to the Clerk. SEC. XXX.—-SURVEYS. 68. County surveyors are required to deliver copies of re-surveys, by them made, to each of the parties concerned, upon their application, and at their own proper costs, within RULES OF COURT. 383 a“ ten days after such application is made, and the survey, or executing a survey, shall be bound to attend Court to. prove the same, and shall be allowed the per diem pay of a wit- ness attending upon subpoena. i 69. Surveys of lands in’ any quantity of two hundred acres, or less, shall be laid down by a scale of ten chains to- the inch; and over that quantity, by a scale of twenty chains to an inch: ; ee 70. No survey made under the rule of Court, shall be received in evidence, unless it appears that at ledst ten days’ notice of the time of commencing such survey was given to the opposite party, by the one who offers it in evidence. 71. Every surveyor shall represent on his plat, nearly as he can, the different enclosures of the parties, and the extent or boundaries within which each party may have exercised acts of ownership. , 72. After a cause has gone to the jury, and any evidence been heard in it, neither party shall be allowed to make any objection to a rule of survey, made in the case or the man- ner in which it may have been obtained, or the survey. executed. 73. Hither party, in actions of ejectment, shall be entitled, as matter of right, to a rule of survey, upon application to the Clerk in vacation. : SEC. XXXI.— WITNESSES. 74, Witnesses shall first be examined by the party intro- ducing them, then cross-examined by the adverse party ; further examination shall. not be had, but ‘by leave of the Court first obtained, and then only upon the declaration of the attorney or witness, that a material fact has not: been stated, to which all further inquiries shall: be directed ; and in all cases in which more than one attorney is retained on either side, the examination and cross-examination shall be conducted by one of the counsel only, and at the opening of the case; both parties shall state to the Court, to which at- torney the examination and cross-examination of witnesses is confined. 384 -_ APPENDIX. RULES IN EQUITY. 1. When a bill has been sanctioned and filed, and the usual process taken out and served, or advertised according to the rules of Court, and no answer shall be filed within the time allowed, if the defendant or defendants still remain in contempt at the next term thereafter, so as to entitle the complainant to have his bill taken pro confesso, the order shall be made by the Court, on application of the com- plainant; but such order shall only operate as an inter- locutory decree, which shall entitle the complainant to have his cause submitted ex parte to a jury; provided always, that if the complainant or complainants shall swear or affirm, that the answer of the defendant. or defendants, to the whole or part of the charges contained in the said bill is absolutely necessary, and that without such answer, he, she, or they cannot support the truth of his, her, or their allegations, the Court may permit such complainant or com- lainants to make a special oath or affirmation (as the case may be) of what he, she, or they know or believe the said defendant or defendants could or ought to answer, and such oath or affirmation may be given to the jury, together with the bill and other proof. 2. When a defendant or defendants reside out of the county in which a bill originates, and is sanctioned, which fact must be verified by affidavit, the Court or Judge at chambers shall pass such order for appearance and answer as the distance of the defendant’s residence shall warrant, service or publication of which order, according to the exigency thereof, shall be deemed a suflicient service to com- pel an appearance; and subsequent proceedings shall be the same as if the defendant or defendants had been served with process by the Sheriff of the county where the sub- peena is made returnable. And if it shall appear by affida- vit that a defendant is absent from this State, or cannot be found therein, service may be effected by publication in a public newspaper, upon the order of the- Court, requiring him to appear and answer the complainant’s bill, in such- time as the Court may direct. RULES OF COURT. 385 8, A ‘ike or demurrer, in part: or to the whole of a bill, shall be filed at return term, and ‘shall be argued during the term, or upon motion and cause shown at such other time as the Court may direct, The Court will, however, in its discretion, upon sufficient cause shown, grant-further time for filing such plea or demurrer, and such order shall ex- press the time within which the same shall be filed, and the further time thereafter, within which it shall be argued or be considered as dismissed. And notice in writing of the filing of such plea or demurrer shall be given to the ad- yerse party or his counsel at the time of filing thereof. The defendant or defendants in any bill in equity may demur, . plead, and answer at the same time, at the first term ; the demurrer, plea, and answer may be separately disposed of in their order, but the filing of the plea or answer, shall, in no case, operate to overrule the demurrer. 4, All answers shall be filed within four oui after the adjournment of the Court to which the subpoena is return- able, unless further time be granted. Exceptions to answers must be filed before the hour for jury business on the second day of the term thereafter, or said answers will be deemed sufficient ; and if. such exceptions shall be sustained by the Court, the defendant sball perfect his answer within’ such further time as the Court may order. But if said amended answer be defective, the defendant may be punished as for a contempt, and shall pay all costs that have aecrued up to the time of filing such defective answer. Nothing in this rule shall be construed to-prevent the respondent from filing his answer at any time after the filing a bill for injunction against him, and moving the Judge at chambers, who granted the bill for-the dissolution of the injunction, “if the equity of the bill shall be sworn off by the answer. But in such cases a rule nisi, stating the grounds of the application, and fixing the time and place of hearing’the motion, shall be served upon the complainant at least ten days before the bearing of any such motion; and the Judge shall have ‘ power to-order such amendments as are usually made in open Court, and to hear and determine exceptions to answers. 5. A general replication to the answer shall be filed, and what is admitted ‘in the answer shall remain admitted, not- e 386 APPENDIX, withstanding such general replication. No special replica- tion shall be received, but the complainant may, by his. re- plication, controvert any part of the facts stated in the de- fendant’s answer, if he will admit the rest to be true; and such replication shall be confined to the particular matter controverted, and the defendant shall only be obliged to produce proof of such controverted matter. In either case, the cause shall be at issue after replication filed without re- joinder, 6. In trials in equity, the jury shall be taken from the panel of the grand inquest, in the manner prescribed by law for the selection of special jurors. 7. When a bill praying an injunction is presented to the Judge for his sanction, there shall be annexed to it the Clerk’s certificate of payment of costs, and security being given as required by law; and on application to the Judge, additional security may be ordered if circumstances require it. AJl injunctions shall be granted until further order had thereon. 8. That an injunction shall not issue to stay proceedings at law in any action in which a verdict shall have been given for money, unless a sum of money equal to the amount which the party applying for the injunction acknowledges to be due, is deposited with the Clerk of the Court, to be paid to the adverse party, and a certificate of such payment shall accompany the bill. 9. When either party in a suit at law shall be desirous of obtaining the interposition of the.Court, in the exercise of its equitable jurisdiction in the prosecution or defence of said suit, the application therefore shall be by bill, which may be sanctioned by the Judge, upon such terms as shall seem just and reasonable ; and no bill to enjoin an action at law shall be sanctioned by the Judge, unless the same shall be presented in time to be made returnable to the regular trial term of the case, next after the sanction of the bill, unless good cause to the contrary, to be judged of by the Chancellor, shall be shown in the application for the bill, and be sworu to by the party. 10. Commissions shall be issued, returned, and published, and notice of interrogatories given, in like manner as in cases RULES OF COURT. 887 of common law; and the like rules shall be observed on application for continuances. 11. The oath or affirmation of a defendant to his or her answer, shall be in the following form :—* You, A. B., do sweat, or solemnly, sincerely, and truly declare and affirm, {as the case may be,) that what is contained in your answer, as far as concerns your own act and deed, is true of your own knowledge; and that what. relates to the act or deed of any other persons you believe to be true.” . 12. Bills may be revived by petition. to the Judge at chambers or at a term time; and upon the presentment of a petition for that purpose, an order for the revival of the bill nisi causa, on the first day of the term next thereafter shall be passed, a copy of petition and order shall be served by the Sheriff on the defendant at least twenty days before the meeting of the said Court. No bill or subpcena will be required. 13. When a case in equity shall be tried by a jury, who shall render a verdict for a specific sum, a decree shall be entered for such a sum, and such execution may be issued thereon, as if the cause had been decided at common law. Where the finding of a jury is special, and requires the-pay- ment of money, and some duty to be performed, the sum.so found may be recovered in the manner hereinbefore pro- vided ;.and such duty shall be enforced by the Court by attachment for contempt or otherwise, according.to the course -of proceedings in equity. 14, The Clerk shall .keep a docket for equity cases, dis- tinct and separate from the causes at common law, in which shall be registered the names of the parties, and titles of all bills at the time of filing the same, with notices of. the pleadings and orders in the cause up to the final decree. 15. In all cases. where the parties go to trial upon the bill. and answer alone, the complainant’s solicitor shall have the conclusion. : 16. After appearance by the party defendant to any bill in equity, by any solicitor of this Court, the service of any subpoena to make better answer, or any rule or order of the ‘Court on such defendant or solicitor shall be sufficient. Service upon complainant or his solicitor shall, in like man- ner, be deemed sufficient service. 388 APPENDIX. 17. Copies of all deeds, writings, and other exhibits, shall be filed with the bill or answer, and no other exhibits shall be ‘admitted, unless by order of the Court, for some special and good cause shown. The production of tbe original, if not admitted by the answer, may be required on the hear- ing ; and upon application to the Court, er to the Judge in vacation, and causes shown, the original of any exhibit will be ordered to be deposited in the Clerk’s office for the in- spection of the adverse party. ; 18, Applications for writs of ne exeat, other than such as are provided for by the act of December 6th, 1813, shall be upon “bill filed, and sworn to or affirmed by complainant or his attorney in fact; and such oath or affirmation shall particularly state the amount of the debt claimed, and that the sum to be mentioned is then due, and that there is reason to apprehend the loss of the whole, or a part of said sum, if the defendant should depart without the jurisdiction of the Court. The Sheriff shall discharge the defendant from custody under such writ, upon bis giving bond with two good securities, (who shall be liable to be excepted to in like manner, as in case of bail at common law,) condi- tioned for the payment to the complainant, his executors and administrators, of such sum as shall be decreed, with m- terest and costs, and further in all respects to do, conform to, and perform the decree of the Court in the premises. 19. When Auditors have made up their report, the same shall be returned into the Clerk’s office without delay, and shall remain open to the inspection of both parties. 20. A docket of decrees, and also a docket of executions, or other process for the enforcement of decrees, shall be kept by the Clerk, in cases in equity in like manner as the dockets of judgments and executions at law; and the acknowledg- ments of satisfaction on decrees in equity may be enforced in the same manner and under like penalties as judgments at law. 21, The rule at common law which requires a prochein ami of an infant to give bond to account, d&c., shall also be observed in equity. - 2 m: % 7" CONSTITUTION OF THE. STATE OF GEORGIA. 389 THE CONSTITUTION OF THE STATE OF GEORGIA. ADOPTED May 23, 1798—as AMENDED BY SUBSEQUENT LEGISLATURES. Art. I—lLeerstative Department. Arr, II—Exxcutive Department, Art. I1]—Juprcran Department. Arr, [TV.—Misce,Laneous Provistons. Artic.e I, Sec. 1. Departments distinct. Sec. 18. Members’ privileges. “ 2, General Assembly. “14. Journals, yeas and nays. “ 3. Composition of Senate, “ 15, Revenue bills. : “ 4, Qualification of Sénators. “ 16, Passing bills. : * 5, Election of President. 17, Canvassing prohibited. “« 6. Prial ofimpeachment. ~« “ 18. Oath of members. “ % Composition of House of Rep, | “ 19. General disqualification. . “% §. Qualification of members. “ 20. Adjournments. “ -9, Officers; Impeachments. “ 21. Powers of General Assembly. “ 10. Disqualification, “22. Boundary, sale of land. “ 11. Biennial meetings; Quorum. “ 28. Void sales, donations, “ 12, Judges of elections. >. | ® 24, Census. 1. Section I. The Legislative, Executive, te henent and Judiciary departments of Government shall. be distinct, and each department shall be con- distinct, fided to a separate body of Magistracy ; and no~ _person, or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in thé iastances herein expressly permitted.' 2. Sic. II. The Legislative power shall be vested in two separate and distinct branches, to “wit:,a Senate and House of Representatives, to be styled the General Assembly. 8. Szc. III. [As amended by Act.of 1842, [l.] This section considered. 8 Ga. 227. 18* Legislative power. Style. 390 Composition of Senate, Qualifica- tions of Sen-* ators, Election of president. Senate to try impeach- ments,’ Extent of judgment therein, —~amendment—‘ and is an ose APPENDIX, Pam. 56, and 1843, Pam: 15.] - The Senate shall be elected biennially* on the first Monday in October, ard’shall be compo:ed of one Sena- tor from each ‘county, chosen -biennially by the electors thereof, on the first Monday in October, until the day of election is-altered by law. “(Act 1849-51.) ‘4, Sec. IV. [As amended by the Act passed December, 1834, Pam. 69, and 1835, Pam. 52.] No person shall be a Senator who shall not have attained to the age of twenty-five years, and have been nine years a citizen of the United States, and three. years an inhabitant of this State; and shall have usually resided within the county for which he shall be returned, at least one year immediately preceding his election, except persons who may have been. absent on lawful business of this State or of the United ‘States.} - --5, Sec, V. The Senate shall elect by ballot a President out of their own body. 6. Sec. VI. The Senate shall have the sole _ power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present ; judgment in cases of impeach- ment shall not extend farther than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State ; but ‘the party convicted shall, nevertheless, be subject to indictment, trial, judgment, and pun- ishment according to law. MA > : * Made biennial by Act of 1840, Pam. 23; 1841, Pam. 61. _t The following is the property qualification dropped by the d shall have been possessed in his own right of a settled freehold estate of the value of five hundred dollars, or of taxable property-to the amount of one thousand dollars, within the county, for one year preceding his election ; and whose estate shall, on a reasonable estimation, be fully competent to the discharge of his just debts over and above that sum, ° A CONSTITUTION OF THE STATE OF GEORGIA. 391 7. Suc. VIL. The House of Representatives* shall be as’ follows :—Each county shall have one Representative, and no county shall have amore than two Representatives. Thirty-seven counties having the greatest population, count- ing all free white persons and three-fifths of the people of color, shall have two Representatives. The said apportionment shall be made by the General Assembly at the session next after each future enumeration of the inhabitants of this State, made under. the constitution and laws thereof, but at no other time. (Act 1849-51.) 8. Sec. VIII. [As amended in 1834, Pam. 69, and-1835, Pam. 52.] No. person shall be a Representative who shall not have attained to the age of twenty-one years, and have been a citizen of the United States seven years, and three years an inhabitant of this State, and have usually resided in the county in which he - shall be chosen, one year immediately preceding his election, unless he shall have been absent on the public business of this State or of the United States.t 9. Szrc. IX. The House of Representatives shall choose their Speaker and other officers, Sec. X. They shall have-solely the power to impeach all persons who have been or may be in office. “ 10. Sec. XI. No person holding any mili- tary commission or ether appointment, having any emolument or compensation annexed there- to, under this State or the United States, or * By amendment of 1840-1841, Pam. 61, the House of Repre- sentatives were to be elected biennially. The amendment of 1842-1843, is silent as to elections. > +The property qualification of members before.the amend- ment, was the following :—“ And shall be possessed, in his own right, of a settled freehold estate of the value of two hundred and fifty dollars, or of taxable property to the amount of five hundred dollars, within the county, for one year preceding his election; and whose estate shall, on a reasonable estimation, be competent to the discharge of his just debts, over and above that sum.” s : Composition of House of Representa- tives. Qualification of the mem- bers, Officers, Impeach- ment, What shall disqualify a member of either house, 392 Members in- eligible to offices of profit. General As- sembly to meet an- nually. Quorum, Each house to judge of the elections and qualifi- cations of its members, and punish contempts. APPENDIX.-. either of them, (except Justices of the Inferior Courts, Justices of the Peace, and officers of the militia,) nor any person who -has had charge of public moneys belonging to the State, unac- counted for and unpaid, or who has not paid all legal taxes or_contributions to the government required of him, shall have a seat in either branch of the General Assembly ; nor shall any Senator or Representative be elected to any office or appointment by the Legislature, having any emoluments or compensation annexed there- to, during the time-for which he shall have been elected, with the above ‘exceptions, unless he shall decline accepting his seat, by notice to the Executive, within twenty days after he shall have been elected ; nor shall any member after having taken his seat, be eligible to any of the aforesaid offices or appointments during the time for which he shall have been elected. 11. Sec. XII. The meeting of the General Assembly shall be annual, and on the first Wednesday in Nove:nber, until such day of meeting shall be altered by law.* A majority of each branch shall be authorized to proceed to business ;, but a smaller number may adjourn from day to day and compel the attendance of their members in such manner as each house shall prescribe ; but no session. of the General Assembly shall continue for more than forty days, unless the same shall be done by a vote of two-thirds of both branches of the General As- sembly—the vote to be taken by yeas and nays. The compensation of the members and officers of the General Assembly shall be fixed by law. 12. Sc. XIII. Each House shall be judges of the elections, returns, and qualifications of its own members, with powers to expel or punish by censuring, fining, and imprisoning, or either, * First Wednesday in November, Act 1857. Milledgeville established as seat of Government, 1804, vol. II., 209. CONSTITUTION OF THE STATE OF GEORGIA. 893 for disorderly behavior, and may expel any -per- son convicted of any feloniovs: or infamous offence ; each House may punish, by imprison- ment during session, any person not a member, who shall be guilty of. disrespect, by any disor- derly or contemptuous behavior in its presence ; or who, during session, shall threaten harm to the body or estate of any member, for anything said or done in either House, or who~shall: as- sault any of them therefor, or who shall assault or arrest any witness in going to or returning therefrom, or who shall rescue any person ‘ar- rested by-order of either Iouse. 13. Sec, XIV. No Senator or Representa- tive shall be liable to be arrested during his attendance on the General “Assembly, or for ten days previous to its sitting, or for ten days after the rising thereof, except for treason, felony, or breach of the peace; nor shall any member be liable to answer for anything spoken in debate, in either House, in any, Court or place else- where; but shall, nevertheless, be bound to ‘answer for perjury, bribery, or corruption. 14. Sec. XV. Each House shall keep a journal of its- proceedings, and publish them ‘immediately after their adjournment; and the yeas and nays of the members on any question ‘shall, at the desire of any two members, be en- tered on the journals. .-15. Szc: XVI.. All bills for raising revenue or appropriating moneys shall originate in the House of Representatives > ‘but the Senate shall propose or concur with amendments as in other bills. 16. Sec, XVII. Every bill shall be read three times, and on three separate days, in each branch of the General Assembly, before it shall pass, unless in cases of actual invasion or insur- rection ; nor shall any law or ordinance pass conitaining any matter different from what is Members free from arrestin civil cases. Freedom of debate. Journals, Yeas and nays. Revenue bills. Rules for passing bills, 394 Members to be sworn, Canvassing prohibited. Oath of the members. APPENDIX. , expressed in the title thereof ;' and all Acts shall be signed by the President in the Senate, and the Speaker in the House of Representatives ; no bill or-ordinance which shall have been re- jected by. either House, shall be brought in again during the session, under the same or any other title, without the consent of two-thirds of each branch. 17. Suc. XVIII. Each Senator and Repre- sentative, before he be permitted to take his seat, shall take an oath or make affirmation that he hath not practiced any unlawful means, either directly or indirectly, to procure his election ; and every person shall be disqualified from serv- ing as a Senator or Representative for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat, or canvassed for such election; and every candidate employing like means and not elected shall, on conviction, be ineligible to hold a seat in either House, or to hold any office of honor or profit for the term of one year, and to such other disabilities or penalties as may be prescribed by law. : 18. Sec. XIX. Every member of the Sen- ate or House of Representatives shall, before he takes his seat, take the following oath or affirma- tion, to wit:—“TI, A. B., do solemnly swear, or affirm, (as the case may be,) that I have not ob- tained my election by bribery, treats, canvassing, or other undue or unlawful means, used by my- self or others, by my desire or approbation, for that purpose; that I consider myself constitu- tionally qualified as a Senator or Representative ; and that on all questions and measures which may come before me, I will give my vote, and so conduct myself, as may, in my judgment, appear most conducive to the interest and pros- [1.] So much only is void as differs from the title. 4 Ga. Rep. 26. As to what the title should contain, see 6 Ga, Rep. 21.' CONSTITUTION OF THE’ STATE OF GEORGIA. 395 perity of this State; and that I will bear true faith and allegiance to the same; and to the utmost of my power and.ability, observe, con- form to, support, and defend the constitution thereof.””* ; 19. Sec. XX. No person who hath been, or may be, convicted of felony, before any Court of this State, or any of the United States, shall be eligible to any office or appointment of honor, profit, or trust, within this State. 20. Sec. XXI. Neither House, during the session of the General Assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that at which the two branches shall be sitting ; and in case of disagreement between the Senate and House of Representatives with respect to their adjournment, the Governor may adjourn them. 21. Sec. XXII. The General Assembly shall “have power to make all laws and ordinances which they shall deem necessary and proper for the good of the State, which shall not be re- pugnant to this Constitution.’ But, the Legis- lature shall have no power to. grant corporate powers and privileges, except to -banking, tele- graph, and railroad companies, nor to make or change precincts, nor to establish bridges and ferries, but shall, by law, prescribe the ‘manner in which said power shall be exercised by the Superior or Inferior Courts, and the privileges to be enjoyed by them. (Acts 1854-56.) 22. Sac. XXIII. They shall have power to alter the boundaries of the present counties, and to lay off new ones, as well out of the countries already laid off,-as out of the other territory be- longing to the State; but the property of the soil in a free government, being one of the es- * Also to support the Constitution of the United States. See Constitution ofthe United States, art. VI., sec. 81. 5 [L.] The extent of this power considered. 8 Ga, 216. - General dis- ualification rom office, Adjournment of the Legis- lature, Powers of the General Assembly. New coun- ties. Declaration of the boun- dary, of the State. APPENDIX. sential rights of a free people, it is necessary, in order to avoid disputes, that the limits of. this State should be ascertained with precision and exactness ; and this convention, composed of the immediate representatives of the people, chosen by them to assert their rights, and to revise the powers given by them to the government, and from whose will all ruling authority of right flows, doth assert and declare the boundaries of this State to be as follows :—That is to say, the limits, boundaries, jurisdiction, and authority of the State of Georgia do, and did, and of right ought to extend from the sea, or the mouth of the River Savannah, along the northern branch or stream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and from thence along the most northern branch. or stream of the said River Tugalo, till it intersects the northern boundary line of South Carolina, if the said branch or stream of Tugalo extends so far north, reserving all the islands in the said Rivers Savannah and Tugalo to Georgia; but if the head spring or source of any branch or stream of the said River Tugalo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi, to be drawn from the head spring or source of the said branch.or stream of Tugalo River, which extends to the highest northern latitude; thence down the middle of the said River Mississippi, until it shall intersect the northernmost part of the thirty-first degree of north latitude; south by.a line drawn due east from the termination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the River Apalachicola or Chattahoochee; thence along the middle thereof to its junction with Flint River; thence straight to the head of St. Mary’s River, and thence along the middle of St. Mary’s River to the Atlantic Ocean ; and from thence CONSTITUTION OF THE STATE OF GEORGIA. 397 to the mouth or inlet of Savannah River, the place of beginning; including and comprehend- ing all the lands and waters within the said limits, boundaries, and jurisdictional rights, :-and also all the islands within twenty leagues of the sea coast. And this convention doth further declare and assert, that all the territory without the present’ temporary line and within the limits aforesaid, is now of right~the property of the free citizens of this State, and held by them in sovereignty, inalienable but’ by their consent :— Provided nevertheless, that nothing herein con- tained shall be construed so. as to prevent a sale to, or contract with the United States, by the Legislature of this State, of and for all or any part of the western territory of this State, laying westward of the River Chattahoochee, on such terms as may be beneficial to both parties; and may procure an extension of settlement, and an extinquishment of Indian claims in and to the vacant territory of this State, to the east and north of the said River Chattahoochee, to which territory such power of contract or sale, by the Legislature, shall not extend :—And ‘provided also, the Legislature may give its consent to the establishment of one or more governments west- ward thereof; but monopolies of land by in- dividuals, being contrary to the spirit of our free tea government, no sale of territory of this State, or any part thereof, shall take place to individuals or private companies, unless a county or coun- ties shall have been first laid off including such territory, and the Indian rights shall have been extinguished thereto. ; 23, Sec. XXIV. The foregoing section -of this‘article having declared the common rights of the free citizens of this State in and to all the territory without the present temporary boundary line, and within the limits of this State thereby defined, by which the contemplated pur- Proviso. The Legisla- ture author ized to sella certain part to the United States. Proviso. No monopo- lies permit- Certain pur- chases con- stitutionally void. 398 Considera- tion money to be re- turned, Ly and never to be deemed a part of the public funds. Donations, how to be granted, A census to be taken, APPENDIX, chases of certain companies of & considerable - portion thereof are become constitutionally void ; and justice and good faith require that the State should not detain a consideration for a contract which has failed; the Legislature, at their next session, shall make provision by law for return- ing to’ any person or persons who has or have bona fide deposited moneys for such purchases in the treasury of this State :—Provided, that the same shall not have been drawn therefrom in terms of the Act passed the 13th day of Feb., 1796, commonly called the rescinding act, or the appropriation laws of the years 1796, and 1797; nor shall the moneys paid for such pur- chases ever be deemed a part of the funds of this State, or be liable to appropriation as such ; but until such moneys be drawn from the treas- ury they shall be considered altogether-at the risk of the persons who have deposited the same. No money shall be drawn out of the treasury, or from the public funds of this State, except by appropriation made by law, and a regular state- ment and account of the receipts and expendi- tures of all public moneys shall be published from time to time. No vote, resolution, law, or order shall pass the General Assembly, granting a donation or gratuity in favor of any person whatever, but by the concurrence of two-thirds of the General Assembly. 24. Sec. XXV. It shall be the duty of the Justices of the Inferior Court, or any three of them, in each county respectively, within sixty days after the adjournment of this convention, to appoint one or more fit persons in each county, not exceeding one for each battalion district, whose duty it shall be to take a full and accurate census or enumeration of all free white persons and persons of color residing therein distinguish- ing, in separate. columns, the free white persons from persons of color; and return the same to CONSTITUTION OF THE STATE OF GEORGIA. 399 the Clerks of the Superior Courts of the several counties, certified. under their hands, on or be- fore the first day of December next ; the persons 80 appointed being first severally sworn’ before the said Justices, or either of them, duly and faithfully to perform the trust reposed in them ; and it shall be the duty of the said Clerks’ to transmit all such returns under seal, directed to the Speaker of the House of Representatives, at the first session of the Legislature thereafter ; and it shall be the duty of the General Assem- bly, at their said first session, to apportion the members of the House of Representatives among the several counties, agreeably to the plan pre- scribed by this Constitution, and to provide an adequate compensation for the taking of the said census. Every person whose usual place of abode shall be in any family on the first Monday in July next, shall be returned as of such family ; and every person, occasionally absent at the time of taking the enumeration, as belonging to that place in which he usually resides. The General Assembly shall, by law, direct the manner of taking such census or enumeration, within every subsequent term of seven years, in conformity to this Constitution.* And it is de- clared to be the duty of all officers, civil and military, throughout this State, to be aiding and assisting in the true and faithful execution there- of. In é¢ase the Justices of the Inferior Courts should fail to make such appointments, or if there should not be a sufficient number of such Justices in any county, then the Justices of the Peace, or any. three of. them, shall have and ex- ercise like powers and authority respecting the said census; and if the census or enumeration of any county shall not be so taken and returned, * Last census, 1845—see Acts of 1843, Pam. 12, Every seven years. 400 APPENDIX. then, and in that case, the General Assembly shall apportion the representation of such county, according to the best evidence in their power, relative to its population. Argtiote If. Sec. 25, Governor, term of office. Sec. 32. Writs of elect’n, special ses’ns, “ 26. Election, contested elections.; “ 33. Filling vacancies. “ 27, Qualification, «“ 34, Veto power. “28. Vacancy. “ 35. As to resolutions. “ 29. Oath. « 30. Style “ 36. State House officers, “37. Great Seal. “31. Pardoning power. . “ 38. Governor's Secretaries, Governor chosen for two years. The Govern- or elective by the people, The election, when, where, and how held. 25. Section 1. The executive power shall be vested in a Governor, who shall hold his office during the term of two years, and until such time as a successor shall be chosen and qualified. He shall have a competent salary established by law, which shall not be increased or diminished during the period for which he shall have been elected ; neither shall ke receive, within that period, any other emolument from the United States, or either of them, or from any foreign power. 26. Sec. Hl. [As amended by Act passed December, 1823, and November, 1824. Vol. IV.116.] “The Governor shall be elected by the persons qualified to vote for members of the General Assembly, on the first Monday in October, in the year of our Lord 1825; and on the first Monday in October in every second year thereafter, until such time be altered b Jaw ; which election shall. be held at the ‘place of holding general elections, in the several coun- ties of this State, in the same manner as is pre- scribed for the election of members of the Gen- eral Assembly. The returns for every election of Governor shall be sealed up by the presiding Justices, separately from other returns, and CONSTITUTION OF THE STATE OF GEORGIA. 401 directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to his Excellency, the Governor, or the person exercising the duties of Governor for the time being, who shall, without opening the said returns, cause the same to be laid before the Senate, on the day after the two Houses ‘shall have been organized, and they shall be transmitted by the Senate to the House of Rep- resentatives. The members of each branch of the General Assembly shall convene in the Rep- resentative chamber, and the President of the Senate, and the Speaker of the House,of Rep- resentatives, ‘shall open and_ publish the returns in presence of the General Assembly; and the person having the majority of the whole number of votes given in, shall be declared duly elected Governor of this State: but if no person have such majority, then from the persons having the - two highest number of votes who shall be in life, and shall not decline an election at the time appointed for the Legislature to elect, the Gen- eral Assembly shall elect immediately a Gov- ernor by joint ballot ; and in all cases of election of a Governor by the General- Assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elec- tions shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by. law.” 27. Sec. IIL [As amended by Acts of 1845, Pam. 17; and 1847, Pam. 62.] No person shall be eligible to the office of Governor who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who hath not attained the age of thirty years.* * Property qualification before this amendment—* and who “does not possess 500 acres of land in his own: right within this State, aud other property to the amount of $4,000; and whose estate shall not, on @ reasonable estimation, be competent to the discharge of his just debts over and above that sum. The returns, how sealed up and di- rected, Said returns, how opened & published. The person having » ma- jority to be declared elected. In case of no such majority the Governor to be chosen by the Gene- ral Assembly. Contested elections. His qualifi- cations. 402 Vacancy, how filled. Governor’s oath, His style. His power in pardoning. APPENDIX. 28. Sec. IV. [Proposed as an amendment, 19th December, 1817, Vol. III:, Pam. of 1817, p. 74: and passed 15th December, 1818, p. 212.] In case of the death, resignation, or dis~ ability of the Governor, the President of the Senate, or the last acting President of the Senate* shall exercise the executive powers of the government until such disability be removed, in the election and qualification of the Governor by the General Assembly: And in case of the death, resignation, or disability of the Pres- ident of the Senate, or the last acting President of the Senate, the Speaker of the House of Representatives, or the acting Speaker of the House of Representatives, shall exercise the ex- ecutive powers of the government until such disability be removed in the election and quali- Jjication of a Governor by the General Assem- bly.t 29. Sec. V. The Governor ‘shall, before he enters on the duties of his office, take the fol- lowing oath or affirmation:—“I do solemnly swear or affirm, (as the case may be,) that I will faithfully execute the office of Governor of the State of Georgia ; and will, to the best of my abilities, preserve, protect, and defend the said State, and cause justice to be executed in mercy therein, according to the constitution and laws thereof.” ; 30. Sec. VI. He shall be Commander-in- Chief of the army and navy of this State, and of the militia thereof. 31. Sec. VII. He shall have power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons, or to remit any part of a sentence, in all cases after conviction, except for treason or murder, in in which cases he may respite the execution, * Added by the amendment, + Added by the amendment. CONSTITUTION OF THE STATE OF GEORGIA. 403° and make report thereof to the next General Assembly, by whom a pardon may be granted. 82. Sec. VIII. He shall issue writs of elec- tion to fill up all vacancies that happen in the Senate or House of Representatives, and shall have power to convene the General Assembly on extraordinary occasions ; and shall give them from time to time information of the state of the republic, and recommend to their consideration such measures as he may deem necessary and expedient. 33. Suc. IX. When any office shall become vacant by death, resignation, or otherwise, the Governor shall have power to fill such vacancy + and persons so appointed shall continue in office until a successor is appointed agreeably to the mode pointed out by this constitution, or by the Legislature. 34. Sec. X. He shall have the revision of all bills passed. by both Houses, before the same shall become laws, but two-thirds of both Houses may pass a law notwithstanding his dissent ;* and if any bill should not be returned, by the Governor within five days after it hath been pre- sented to him, the same shall. be a law, unless the .eneral Assembly, by their adjournment, shall prevent its return. 35. Sec. XI. Every vote, resolution, or or- der, to which the concurresce of both Houses may be necessary, except on a question of ad- journment, shall be presented to the Governor ; and before it shall take effect, be approved by him, or being disapproved, may be re-passed by two-thirds of both Houses, according to the rules and limitations prescribed in case of a bill. 36, Sec. XII. There shall be a Secretary of * And without his signature. [See resolution of 16th Decem- ber, 1811, vol. IIL, 1,089. See the question considered wheth- er his signature is necessary to the validity of any law. 8 Ga. Rep. 210, 227, The Govern- or shall issue writs of elec-] tion to fill vacancies in either house. Shall call special ses- sions, &c. And fill va- cancies in office. His power in making laws. And passing. resolutions, 404 Secretary of State, Treas- urer, ae Sur- veyor-Gene- ral, Great seal of APPENDIX. the State, a Treasurer, and Surveyor-General, appointed in the same manner, and at the same session of the Legislature ; and they shall hold their offices for the like period as the Governor, and shall have a competent salary, including such emoluments as may be established by law, which shall not be increased or diminished dur- ing the period for which they shall have been elected. -87. Sec, XII. The great seal of the State She tite: ghall ba deposited in the office of the Secretary of State, and shall not be affixed to any instru- ment of writing, but by order of the Governor or General Assembly ; and the General Assem- bly shall, at their first session after the rising of Tobe altered. this convention, cause the great seal to be al- tered by law. . Governor's 38. Szc. XIV. The Governor shall have Secretaries. ower to appoint his own Secretaries.* Articte IIT, Sec. 39. Jurisdiction of Courts, Sec. 45. Mandamus—prohibition, &c. “ 40. Judges’ salaries. “ 46. Digest—counsel. “ 41, State’s Attorney & Solicitors.| ‘ 47. Divorces. : “ 42, Judges of Inferior Court, “ 48, Clerks Superior & Inf. Courts. “ 43, Justices of the Peace. “ 49, Sheriffs. “ 44, Court of Ordinary--appeal, &c. sadisiat 39. Sec. I. [As amended in 1811, and ee again in 1818, and again in 1835, and again in 1843.] The Judicial powers of this State shall be vested in a Supreme Court for the correction of errors, a Superior, Inferior, and Justices’ Courts, and in such other Courts as the Legis- lature shall, from time to time, ordain and es- Supreme , tablish. The Supreme Court shall consist of Judges, three Judges, who shall be elected by the Legis- * By act of 1789, Watkins, 413, itis provided that there shall be but two Secretaries, who shall be citizens of the State and twenty-one years old. By Act of 1841, Pam., page 13, three are allowed. CONSTITUTION OF THE STATE OF GHORGIA. 405 lature for such term of years as shall be pre- sctibed by law, and shall continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General As- sembly for that purpose, or by impeachment and conviction thereon.. The said Court shall have no original jurisdiction, but shall be a Court alone for the trial and correction of errors~in Law and Equity from ‘the Superior Courts of the several Circuits, and shall sit at least once a year, at a time to be prescribed by law, in each of five Judicial districts, to be hereafter laid ‘off and designated by the Legislature for that pur- pose, at the most central point, in such Judicial district, or at such other point in each district as shall by the General. Assembly be ordained, for the trial and determination of writs of error. from the several Superior Courts included in such Judicial districts. And- the said Court shall, at each session in each district, dispose of and. ‘finally. determine each and every case on the docket of such Court at the first term! after such writ of error ‘brought; and in case the plaintiff in error in any such case shall not be prepared, at such first term of such Court, after error brought to prosecute the same, unless pre- cluded by some previdential cause from such prosecution, it shall be stricken from the docket, and the judgment below shall stand affirmed. 3 The Judges of the Superior Court shall be elected for the term of four years, and shall con- tinue in office until their successors shall be elected and qualified, “removable by the Govern- or on the address of two-thirds of both branches of the General Assembly for that purpose, or by impeachment and: coriviction thereon. The Su- perior Court shall have exclusive jurisdiction i in ‘1.] What is the first term—see 6 Ga, Rep. 113. 2.] See 4 Ga. Rep. 558. 19 Jurisdiction. To sit once & year in each einoult, Osnses to be determined at first term, unless for providential cause. Superior Courts. Jurisdiction. 406 Comaration Courts, - Criminal cases, where tried. Land causes, Certiorari. New trials. Appellate jurisdiction of Superior Courts. Inferior Courts’ juris- diction, / APPENDIX, all criminal! cases (except as relates to people of color, and fines for neglect of duty ‘and for con- tempt of Court; for violations against road laws, and. for obstructing water courses, which shall be vested in such judicature or tribunal as shall be or may have been pointed out by law, and except in all other minor offences committed by free’ white persons, and which do not subject the offender or offenders to loss of.life, limb, or mem- ber, or to confinement in the penitentiary ;.in all such ‘cases, Corporation Courts, such “as.now exist or may hereafter be constituted in avy in- corporated city,” may be vested with. jurisdic- tion, under such rules and regulations as the Legislature may hereafter by law direct,) which shall be tried in the County where the crime was committed ; and in all cases respecting titles to land, which shall be tried in the County where ‘the land lies, and also concurrent jurisdiction in all other civil cases, and shall have. power to correct errors in inferior judicatories, by writ of certiorart, and to grant new trials in said Supe- rior Courts on proper and legal grounds ; and in-all cases where a new trial shall be so allowed, the Judge‘ allowing the same shall enter on the minutes of said Court his reasons for the same, and the said Superior Courts. shall have appel- late jurisdiction in such other cases as may be pointed out‘by law, in cases arising in inferior jJudicatories, which shall in no case tend- to re- move the cause from the County in which the action originated. [Thus far as amended in 1835, Pam. 49.] The Inferior Courts shall also have concurrent jurisdiction in all civil? cases, (EXCEPT IN CASES RESPECTING THE TITLE TO * The words “being a ae town and port of entry” struck out by the act of 1854-5 [LJ Does not include lees bynes or police regulations of town corporations. 4 Ga. Rep. 5| wl Equity causes are not included, 3.Kelly, 578. 4 Ga, Rep. CONSTITUTION OF THE STATE OF GEORGIA, 407 Lawpbs,*) which shall be tried in the ‘County wherein the defendant resides ;' and in cases of joint obligors, or JoINr PRoMIssoRs* residing in different Counties, the same may be brought in either County, and a copy of the petition and process served on the party residing out of the County in which the suit may be commenced, shall be deemed sufficient service, under such rules and regulations as the Legislature HAVE or* may direct. [And in case of a maker and indorser or indorsers of promissory notes resid- ing in different Counties in this State, the same may be sued in the County where the maker resides, and a copy of the petition and process served on the indorser or indorsers residing out of the County in which the suit may be com- menced, shall be deemed sufficient service under the same rules and regulations as the Legisla- ture have or may direct, in the case of joint obligors and joint promissors.f{] The Superior and Inferior Courts shall sit'in each County twice in every year, at such stated times as HAVE on* may be appointed by the Legislature. 40. Suc. II.’ The Judges shall have salaries adequate to their services established by law, which shall not be increased or diminished dur- ing their continuance in “office; but shall not receive any other perquisites or emoluments whatever, from. parties or othérs, on account of any duty required-of them. - 41. Sec. III. [As amended in 1841, Pam. 61.] There shall be a State’s Attorney and Solicitors elected by the people entitled to vote for members of the Legislature, at such. times * The passages in SMALL OAPITALS were added by the amend- ment proposed in 1310, and passed in 1811, Thosw in the ztatic characters by the. amending: Act proposed in 1817, and passed in 1818. [Vol. IIT. 175.] f - + This passage in brackets, added by amendment passed 1842, Pam. 58, and 1348, Pam. 20. Be ys ee - EL.] Sed. fa, vs. bail not included in this provision, 1 Kelly, 815. See 4 Ga. Rep. 571. 5 Ga, Rep. 527. ot Joint obligors and promis- sors. Courts to sit twice a year. Judges to- have salaries, State's attor- ney and so- licitors, 408 Term of ce, Salaries, Sustiees of the Inferior Court,” and Justices of the Peace, elective by the people. Court of Or- dinary. Appeal to the Superior Court. Clerk. APPENDIX. and in such manner as the Legislature shall or may. by. law direct, (Act 1854—-6,) and commis- sioned by the Governor, who shall hold their offices for the term of four years, or until their successors shall be elected and qualified,* un- less removed by sentence on impeachment, or by the Governor, on the address of two-thirds of each branch of the General Assembly. ‘They shall have salaries adequate to their services es- tablished by law, which shall not be increased or diminished during their continuance in office. 42. Suc. IV. [Amended in 1812, and again amended in 1819, Vol. IIL, 171, 177.] The Justices of the Inferior Courtst shall be elected by the persons entitled to vote for Members of the Legislature, in such manner as the Legisla- ture may by law direct. 43, Sec. V. [Amended in 1812, and again amended in 1819, Vol. IIL, 171, 177.] The Justices of the Peace} throughout this State, shall be elected by the persons residing in their respective districts, entitled to vote for Members of the General Assembly, under such rules and regulations as the Legislature may by law direct. 44, Szc. VI. The powers of a Court of Ordinary or Register of Probates, shall be vested in an Ordinary for each County, from whose decisions there may be an appeal to the Supe- rior Court, under such restrictions and regula- tions as may be or may have been prescribed by law. The said Ordinary shall be ex officio Clerk of said Court, and may appoint-a deputy-clerk. The Ordinary, as Clerk, or his deputy, may issue * The passage in italics, added by amendment of 1841. Pre- viously, term of office three years. By the original section of 1798, Justices of the Inferior Court were appointed by the General Assembly, and might be compensated by law. , Justices.of,the Peace were to be nomin- ated by the Inferior Courts; and in both cases, to hold their. offices during good behavior. The amendment of 1812, [Vol. IIL, 171,] directed that these offices, and vacancies therein,: should be filled Bee election, prescribing at large the term of office, and the mode of conducting the elections, CONSTITUTION OF THE STATE OF GEORGIA. 409 citations and grant temporary letters of admin- istration, to hold until permanent letters are granted ; and said Ordinary, as Clerk, or his deputy, may grant. marriage licenses. The Or- dinaries in and for the respective Counties shall be elected, as other County officers are, on. the first Monday in January, 1852, and every fourth. year thereafter, and shall be commissioned by the Governor for the term of four years; in case of any vacancy of said office of Ordinary, from any cause, the same shall be filled by election, as is provided in relation to other County officers, and uatil the same is filled, the Clerk of the Su- perior Court for the time being shall act as Clerk of said Court of Ordinary. _(Act of 1849-51.) 45. Sec. VII. The Judges of the Superior Courts, or any one of them, shall have power to issue writs’ of mandamus,' prohibition, scire facias, and all other writs which may be neces- sary for carrying their powers fully. into effect. 46. Sec. VIII. Within five years after, the adoption of this Constitution, the body.of our laws, civil and criminal, shall be revised, digested, and arranged, under proper heads, and* pro- mulgated in such manner as the Legislature may direct; and no person shall be debarred from advocating or defending his cause before any Court or tribunal, either by himself or coun- sel, or both.” _ ag 47, Seco. IX. [As amended by the Act finally passed.in 1883, Pam. 47, and- again in 1849, Pam. 419.] ‘ a Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdicts of two special Juries authorizing a divorce (1.] Is it a writ of right? 4 Ga. Rep. 26, 115, When granted, Ib, Grantable in vacation—when returnable. See 1 Kelly, 271, [2.] See 7 Ga. Rep. 190 19% ‘Temporary letters. Marriage licenses. Mandamus, prohibitions, &e. Digest. Appearance . by counsel or in person, Divorces. 410 Clerks, Sheriffs, APPENDIX. upon such legal principles,* as.the General As. sembly may by law prescribe.t} 48. Szc. X. [As amended 16th December, 1808. Vol. IL, 515. The-Clerks of the Su- perior and Inferior. Courts shall -be elected’ on the same day as pointed out by law for the elec- dion of the other County officers.} 49. Sec. XI. Sheriffs shall be appointed in such manner as the General Assembly may by law direct, and shall hold their appointnients for the term of two years, unless sooner removed by sentence on impeachment, or by the Governor, on the address of two-thirds of the Justices of the Inferior Court and of the Peace in the County ; but no person shall be twice elected Sheriff within any term of four years; and no County officer after the next election shall be chosen at the time of electing a Senator or Representative. Annote IV. Sec. 50. Electors’ qualification. Sec, 5°. Habeas corpus. ms “ 5]. Elections by General Assem. | “ 69, Freedom of conscience. ‘© $2, Election of militia officers. “ 60. Importation and emancipa- “58, Filling vacancies. . tion of slaves. ~ “ 54. Jury trial, press, ex post, &¢ | “ 61. Murder of slaves. “ _ 55. Holders of public money. “62, Arts and sciences. “56, Insolvent debtors, “63. Officers, and laws in force. “57. Amnesty as toimpeachm’ts.| “ 64, Amendments. Qualification of electors, 50. Section. I. The electors of Members of the General Assembly shall be citizens and in- habitants of this State, and shall have attained * The following is the preamble to the amendment of 1833:— Whereas, the frequent, numerous, and repeated applications to the Legislature to grant divorces, has become a great annoy- ance to that body, and is well worthy their attention, as well on account of the expense consequent on said applications, as the unnecessary swelling the laws and journals; and believing that the public good would be as much promoted, and that the parties would receive full and complete justice; Bet enacted, &§c, + The words in italics, added by amendment of 1847, 1849. { Originally thus—‘“ The Clerks of the Superior and Inferior Courts shall be appointed in such manner as the Legislature may by law direct; shall be commissioned by the Governor, and shall continue in office during good behavior.” ‘[L.] See 2 Kelly, 192. ° . CONSTITUTION OF THE STATE OF GEORGIA. 411 the age of twenty-one years, and have paid all taxes which may have been required of them, aud which they have had an opportunity of pay- ing, agreeably to law, for the year preceding the election, and shall have resided six months within the County: Provided, that in case of invasion, and the inhabitants shall be driven from any County, so as to prevent an election therein, such refugee inhabitants, being a majority of the voters of. such County, may meet under the direction of any three Justices of the Peace thereof, in the nearest County, not in a state of alarm, and proceed to an election, without -hav- ing paid such tax so required of electors, and the persons elected thereat, shall be entitled to their seats. i -51, Suc. II. All the elections, by the Gen- eral Assembly, shall. be by joint ballot of both branches of the Legislature; and when the Senate and House of Representatives unite for the purpose of electing, they shall meet in the Representative chamber, and the President of the Senate shall in such cases preside, receive the ballots, and declare the person or persons elected. In all elections by the people,’ the electors shall vote viva voce,* until the Legisla- ture shall otherwise direct. 52. Suc. III. [As amended by Acts of 1842, Pam. 57, and 1843, Pam. 167] It shall and may be lawful for all major- generals and brigadier-generals to be elected by the people of the respective divisions and bri- gades ; and all persons subject to militia duty shall be entitled to vote for the same only,t and -shall be commissioned by the’ Governor. All other officers of the militia shall be elected in such manner as the Legislature may direct, and shall be commissioned by the Governor ; and all * Mode of voting altered by Act of 1799, Vol. I., p. 202. + The portion in italics is the amendment of 18 ; 3 Places of holding elections in “certain cases. Elections b: the General Assembly to be by ballot. Militia offi- cers, how elected and commission- ed. 412 Appoint- ments to fill vacancies. The press, trial by jury, ex post facto. Defaulting collectors, &c., not eli- gible to office. Insolvent debtozs, Amnesty as to impeach- ments, Habeas corpus, APPENDIX, militia officers now in commission, and those which may be hereafter commissioned, shall hold their commissions during their usual resi- dence within the division, brigade, regiment, battalion, or company, to which they belong, unless removed by sentence of a court-martial, or-by the Governor, on the address of two-thirds of each branch of the General Assembly. 53. Szc. IV. All persons appointed by the Legislature to fill vacancies, shall continue in office only so long as to complete the time for which their predecessors were appointed. 54, Sec. V. Freedom of the press, and trial by Jury, as heretofore used in this State,' shall remain inviolate; and no ex post facto law shall be passed.” ; 55. Sec. VI. No person who heretofore hath been, or hereafter may- be, a collector or holder of public moneys, shall be eligible to any office in this State, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable. 56. Sec. VII. The person of a debtor, where there is not a strong presumption of fraud, shall not be detained in prison after delivering bona Jide all his estate, real and personal, for the use of his creditors, in such manner as shall be here- after regulated by law. Y 57, Sec. VILL Convictions on impeachments, which have heretofore taken place, are hereby released, and persons lying under such convic- tions restored to citizenship. 58. Sec. IX. The writs of habeas corpus shall not be suspended unless when, in case of [1] See 1 Kelly, 222, 5 Ga. Rep. 186. The Act allowing the State peremptory challenges, does not impair trial by Jury. 1 Kelly, 610. See 2 Kelty, 173. This clause explained to mean, that it shall not be taken away in cases where it existed in 1798, and not that there must be a Jury in all cases, 5 Ga, Rep. 194, [2.] Applies only to criminal laws. 4 Go, Rep, 208, CONSTITUTION OF THE STATE OF GEORGIA, 413 rebellion or invasion, the public safety may re- quire it. : 59. Szc. X. No person within this State shall, upon any pretence, be deprived of the in- estimable privilege of worshipping God in a manner agreeable. to his own conscience, nor be compelled to, attend any place of worship, con- trary to his own faith and judgment, nor shall he ever be obliged to pay tithes, taxes, ‘or any other rate for the building or repairing any place of worship, or for the maintenance of any. min- ister or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do. No one religious society shall ever be established Freedom of consciénce. in this State in preference to another, nor shall * any person be denied the enjoyment of any civil right merely on account of his religious principle. 60. Szc. XI. There shall be no future im- portation of slaves into this State from Africa, or any foreign place, after the first day of October next. The Legislature shall have no power to pass laws for the emancipation of slaves, without the comsent of each’ of their respective owners previous to such emancipation. They shall have- no power to prevent emigrants, from either of the United States to this State, from bringing with them such persons as may be deemed slaves by the laws of any one of the United States, 61. Sze. XIL. Any person who shall mali-: ciously dismember or deprive aslave of life, shall suffer such punishment as would.be inflicted in - ease the like offence had been committed on a free white person, and on the like prof, except. in case of insurrection by such slave, and unless such death should happen by accident in giving such slave moderate correction. 62. Sec. XIII. The arts and sciences shall be promoted in one or more seminaries of learn- ing, and the Legislature shall, as soon as con- No importa- tion of slaves. Slaves not to be emanci- pated with- out the con- sent of their owners. Punishment for murder- ing a slave. Promotion of arts and sci- ences, 414 Continuance of persons in office, This Consti- tution to be carried into effect by the Legislature, How this Constitution is to be al- tered, APPENDIX. veniently may be, give such further donations and privileges to those already established as may be necessary to secure the objects of their institution ; and it shall be the duty of the General Assembly at their next session to pro- vide effectual measures for the improvement and permanent security of the: funds and endow- ments of such institutions. 63. Sec. XIV. All civil officers shall con- tinue in the exercise of the duties of their several offices, during the periods for which they were appointed, or until they shall be superseded by appointments made in conformity to this Con- stitution ; and all laws now in force. shall con- tinue to operate, so far as they are compatible with this Constitution, until repealed; and it shall be the duty of the General Assembly to pass all necessary laws and regulations for car- rying this Constitution into full effect. 64, Sec. XV. No part of this Constitution shall be altered, unless a bill for that purpose, specifying the alteration intended to be made, shall have been read three times in the #louse of Representatives, and three times in the Sen- ate, on three several days in each House, and- agreed to by two-thirds of each House respect- ively ; and when any such bill shall be passed in manner aforesaid, the same shall be published _ at least six months previous to the next ensu- ing* election for members of the General As- sembly; and if such alterations, or any of them so proposed, shall be agreed to in their first ses- sion thereafter, by two-thirds of each branch of the General Assembly, after the same shall have been read three times’ on three separate days in each respective House, then, and not otherwise, *® The word “annual” was stricken out by amendment of 1840-1841, Pam, 61. CONSTITUTION OF THE STATE OF GEORGIA. the same shall become a part of this Constitu- tion. We, the underwritten delegates of the people of the State of Georgia, chosen and authorized by them to revise, alter, or amend the powers and principles of their Government, do declare, ordain, and ratify the several articles and sec- tions contained in the six pages hereunto prefixed, as the Constitution of this State; and the same shall be in operation from the date hereof. . In testimony whereof, we, and each of us res- pectively, have hereunto set our hands, at Louisville, the seat of Government, this thir- tieth day of May, in the year of our Lord one thousand seven hundred and ninety-eight, and in the twenty-second year of the inde- pendence of the United States of America; and have caused the great seal of the State to be affixed thereto. + Therg appears to be no established usage in the authentica- tion of such Acts—at least as to the signing, dating, and certifi- cation. The different modes heretofore pursued, are almost as numerous as the Acts themselves; but by the resolution of I6th December, 1811, [Vol. III, 1,089,] the opinion is expressed, “ that the Governor's signature is not intended in the passage of any bill upon which both Houses had exercised their constitutional tight of two-thirds,” and adopting asarule in future, “that when an alteration or amendment to the Constitution has passed during one session of the Legislature, the same bill, with the seal of State thereunto affixed, shall be introduced for its final passage at the next, and that no other bill be received in lieu thereof, 5 415 INDEX. od y #@ The numbers at the extreme right, in the Index, refer to the paging inthe body of the book; those refer- ences under the principal heads, as “See Attachments, 16, 12,” &c., refer to the number of the nes in the Teac: 2 , ACCOUNT. ; “How proven—See Justices jee 12, 82. ADJOURNMENT OF COURT. - See Clerk Supérior Court, 9. and Clerk inferior Court, 8, ADMINISTRATORS. See Erecutors, Administrators, de. AFFIDAVIT, (In Civil Cases.) 1 Of plaintiff in attachment—form......cvcceeesscvesser 24 2 When debt not due—form...... Baie awn nasiet ae Wisvarn severe - 26 3 For attachment pendente lite—form........3.ssceevees 27 4 For attachment pendente lite, by security..... eevee! 20 5 Of party seeking Summons of Garnishment, form:........ 82 > 6 Of party seeking Summons of Garnishment ona Judgement; * BOM ss.os sre oeeary saves aedatee ss tae a eawe eee te 83 4% Of party sueing out attachment against Tasurance Company ; ; 7 OVID.. cece rere ceceeccccenccerenetees sotenee aes 36 8 Of plaintiff, to hold to bail; form............. veweesenee 3T 9 Of plaintiff to hold to bail, "before debt is ae stun ta aes 335 37 10- Of plaintiff to hold to bail "pendente: Lite, fOrM. eee seceeeee 88, 11 Same in an action of Trover, form..........- seneseseees 40 12 Of Justification of bail, form Pesan ee aweees aves 43 13° Of Pauper seeking Injinction, form....-..+sseeeseeeeeee AT: 14 Of holder of Reversion....2.....000+ gees Su heewa eset 50 15 Of applicant. for certiorari from Justice Court...... verees 66 16 Of claimant, when property levied on by fi. fa.... «2+... 69 W To probate a deed by witness, form. ..+.+eseeeeereeees 2 TT 418 . inDEX. ! 18 When witness dead, insane, or removed, form:....csteeee 18 19, Of special partner, eritcmere desta s orn aeks creqeseahans 94 20 Against recuisant witness, interrogatories in the State, form, 112 21 If from another State, form.........0005 Ges jeveswascais 118 22 In.answer to.subpcena duces tecum, form....eeseseeeeees LS 28 Of party served with notice to produce: books.,...0e++++. 119 24 That the transcript is deficient, form.......eseeeeeeeees 120 25 Of party to the books, before Commissioners........ sees 121 26 Of plaintiff, for forcible entry and detainer.....s.cs+s0+6+ 149 27 Of person claiming to be free, POEM nsiesis ev aeen aie ec gace 153 28 Opposing transfer of ward’s property to non-resident Guar- Clad; forms. xs sass « siesatereieees wanes s pee eeennees 165 29 Of illegality to fi. fa., form. seseeceeesaeeeenencecsezens 180 30 Of plaintiff.to prove account in Justice Court vs. non-resi- ‘dent, defendant, form.... cccsenscecccncecerccsecce 182 81 For distress warrant, FOr. cece eee cere esccsssecs 200 32 Of defendant to replevy, form. Sawsupueds ca weacaeanaes- 201 83 Of tenant holding over, form....,. seouscceceseoes 202 34 Counter affidavit of tenant, form. .....cceeceeceeeeereee 209 85 For lien or steamboat, form... ..ssccecescoeececeeccese 212 36 Of defence, form. sienemusrrmsweatews ses ens eae weresion 2 LS 87 Of liens generally... .. ccc cesecesccctcceteeccesesens 216 88 Of machinist on mill, dc, form....... ener eae 219 39 Of lost papers, form........-.eeeeneecees 220 40 Where slave or free person is Lunatie, form 3 « 222 41 Of set-off to a mortgage by defendant, form. ......+ee++- 233 42 To foreclose mortgage. on personalty, form. ..eseeceeves 234 43 Of payment on mortgage of. personalty, form..-.....+.+.. 285 44 Of intention of alien, form......0.ce sce e eee nee eeeeces 288 ‘45 Citizens on application for citizenship, form.........++-- 289 46 Of service of notice to divide lands, form..... oie wen ee BEE 47 Where lands cannot be fairly divided, form... ccc eeeeeee 245 48 To answer to a bill in-equity, form........ ceeeee eens 266 49 To eject intruder'from land, form... ....c..eee seen ees +» 267 50 Of mortgage, where property sold at Sheriff: ale, form.... 298 51 Of remainder man when life interest levied on, form...... 300 52 Of vanes to give security, on writ.of error to Supreme ~ Court, form... 2... tee c cere e cee ceee ence cece BOE 58 Of witness to a Will, form. ......cccceeccceeeeteceenes 806 AFFIDAVIT, (In Criminal Cases.) T For warrant in case of Larceny by free person of color or slave, forms cicewcwsiews s oe 2 Of assault and battery, form.......cceeccseceeeeteenees 188 8 For search warrant, form......... {he ewaewemeomaens 128) 4 To bind party to keep the- peace, form. ....screseereeeee LOT -6 Of mother of bastard, form. ......ceecasecceccecesecee 194 6 In criminal cases BELO cancanenvkindiscansaternme 191 AGENT AND ATTORNEY, ~ 1 May take ont attachment or garnishment., Sco Genisen emer Lewrelatierieisiaweieesiawuyeeares LOO INDEX. 419 F2 May hold to bail. ...... ccc cece cece tee ete eeseeeeees BF May claim property levied om..........ceeeeeeeeeseeee 12 -Deeds made by,-form.. ... cc. ccscceceweccees eeccees 16 Letter of attorney to sell lands, form.........eseeeieeees 204 Letter of attorney to enter into, demand possession, or sue for lands, form... .... eee ee eee ee sheet eeceeeees 205 Letter of attorney to lease, collect rent, dic... ....eeeeees 206 Letter of attorney to collect. débts, fOr. esse dee eece es 206 Letter of attorney to transact mercantile business, form... 207 10 Substitution, made by attorney, form........ceeeeeeeees 208 11 Letter of substitution under a power given........1--0++ 208 12 Letter of attorney to an attorney at law, form.........+++ 209 13 Letter of attorney: from a bank, form. ceaeveesbacsacees 200 14 How authenticated..............056 sebowawie nate es gee 210 15 Revocation of a power of attorney, fort, ceesecccesseees SEL AGREEMENTS. 1 Relating to the purchase of land, paying: debt of third per- son, &c., and contracts to be ‘performed in’ a year, and OMT o OB ORS condition of marviage, sbould be in writing........-... 7 2 Should be full and distinct upon all points........... q 8 Duplicates may-be executed or copy used from the record, q 4 A penalty may be affixed for a violation of.............- 7 5 Should state time, place, and parties, fully...........-+ q 6 Should be pr operly attested and to be recorded, should have,.as to land, two witnesses, (others, one witness, ) one of whom is authorized to attest deeds, Gnisiwertvsee 8 4 To build a house, form...........00 02000 seccresceree 8 8 To submit controversy to award, form, thei cevwgeen, see a 1B 9 For a co-partnership, form ewe es Ol ieiesei sass es 88 10 To continue a co-partnership, form. .......cccereoeeeee 92 11 For a limited co-partnership........ecceeeeesecenscenes 92 AMENDMENTS. 1 Formal variances may be amended in attachments. one 22, 24 ANSWER IN EQUITY, See Pleadings, 35, 36. APPEAL AND APPEAL BOND. — See. Justices’ Court, 23, 24, 60, Pleading, 24. APPRENTICESHIP: 1 Form of Indenture... ....ceecceececeeebeneecensteeees 9 2 The father can sign alone. ..e.sceseeeseccececscsaraes 10 _8. Masters’ duties under... ....e+ceecerececeeteatvevecees IL 4 What sufficient agreement under.....seseceecseeeeeeere Ll ARBITRATION AND.AWARD. : 1 All persons may submit disputes to under act 1856....... 11 2 Must,consist of three persons and be in writing........... 11 3 Shall be clear and accurate, and is irrevocable but by con- © ~_ sent of all the parties..........0e-eereseeeees coueve UL 4 The arbitrators to give three days’ notice to the parties, &e., ll 5 Witnesses can be eet by arbitrators... ...6seesse- 11 420 INDEX, *6 May issue commission to take interrogatories—can compe production of papers, and fill up vacancy........+02--- Are sworn; can adjourn twice but no he unless prov- idential cause......... Biase Gb ceiguisearonaguan bei0 ‘Wine oie Greig . 8 Award final unless impeached for fraud in arbitrators, a copy to be given to each party, and may tax either side WICH: COSE: 5:5-2:esgewiwintad ates saver nv opy oh avatene eke: Mersisin arenes eet 9 Agreement of the parties, form... . cee. ceeeeeeeeeeeees 10 Bond to submit to award, furm..cssesseececesteeeeeeee id Award, forts csdyscsawerer cad cireiesewageeeie sons 12 The. reference, judgment under, ey should be plain and CISEINC Essa. vecsibin, ab)ni vse qusieudicne ace reinte aithayy'oa ois RODS anes 13 Appointment of arbitrators by order. of Court. o...s.e+005 14. Return of Referees........ apevistes eh au shitload ota imsaice (Bees 15 Order of Court and judgement ‘thereon. drcigniresavendw gasmieve acer 16 The act of 1856 should be strictly followed, in cases ' where arbitrators are appointed when no cause pending. ASSIGNMEN1S. — *L OF bond formisn saws) veins vena raenaeawen ae ais Bee Rel 2 Ot fi far cfOr Mine seca ashi wee ae cieswetes 8 Of mortgage, form. SPUD Ran sVioseserasexaynincouarat 4 For the benefit of creditors, form.. binds uasavadigv dvs 5 Covenants in; instances..0...... cc cceeeeeeenceseees ATTACHMENT. oo The act of 1866 repeals all former acts as to........+.00 As to when an attachment can issue under the act........ The affidavit must be sworn to before whom. .......+.4+ The bond or attachment amendable........eeeseeeerees A geveral verdict can be obtained under... ....2cceeeene If the debt not due, execution to be stayed. ioe neeRatE aa May issue or be served on Sunday ..cssesceeeeeeeevees Evidence by commissions and interrogatories may be had. s May issue against a joint contractor or co-partner........- 11 A security may issue against his principal. sere: enim acaia ieee inten 12 Vendor of land may attach the land........ s Payee wiaie Sinners 13 Parties may be made under..........ceeveeee ener 14 Traverse of the truth of affidavit may ‘be filed and appealed PROMI ashsievaunsnssiaiorarsiers eee ee err 15 May issue against foreign corporations, or agent may give bond...... NhNesae Se eTa eT avtalnie® jreese 16 Third person, their agents or attornies, may claim. ee eeaes 17 Claims under similar to those in other cases.......+.0.0% 18 All attachmenis must be levied in order as received...... 19 After returns of attachment all proceedings as at common WEL yssexaa bes ao ave ie Sy Siew oan trosdeov ns evorase dove vadene ded eraarecesedrouade 20 The defendant can ‘appear and defend at any time before final judgment... sidiesnters coe e een eee cence nee e ee eee 21 Formal variances not to vitiate.........ecesucensceeees _ . COaANTAoORwONDe Plaintiff, or his agent or attorney, must give bond......... ; 22 24 INDEX. 22; ATDAVIE; FORM. Sivme aways ss awe meinaGer coe sev cicae gee BE 23 Fee fee eames Seeinind De ese sere open 24 24 Attachment, form... ..c. cece este ewww er eees sueccetee 25 25 Proceedings when property ‘in different poniiests Deaeeaene: 25 26 Replevy bond in, form. ...... ee ee eee eee Cee Behe s sex 26 27 Affidavit when debt not due, form...... ieiesoassis Bixeaes, 26 ~ 28 Attachment pendente lite, affidavit, form..........005 wee 27 ° 29 Attachment pendenie lite, by security, affidavit, form. 27 80 Perishable property may be: sold, petition, for... sever « 28 31 Order to sell, form... .. ce... eee Sianoiergieislarenplmgineen hers vrese 29 82 Levy under attachment, LORM poco siete xpi wane Gees Gs sata 29 83 Advertisement of levy, form..........0e0005 pxedeewiee, 129 34 Traverse to the. affidavit of plaintiff, fate. apie soa aiae 30 85 Money raised by attachment or garnishment to be paid out, according to legal priority.......0. sitrommietowes 32 86 Affidavit of party ReEKIN, agpimt Tnsora ance ce Company, form, 36 ATTORNEY. See Agent and oe AWARD. © +. : See Arbitration ae Award. BAIL. Agent or attorney may tiald to bail. : 1 5 . 2 Affidavit of plaintiff,to hold to bail, form........0....00. 87 8 Indorsement on the writ, form........ waceace. BT 4 Affidavit of plaintiff to hold to bail before the debt i is due, 5 FOP. syne snd asscgroe Rae-w sberlin pecs meine ama de winaieiteawaiey IBM 5 Affidavit to ‘hold ‘to bail pendente ‘lite, FORT ca 63 0) sig io i0'e'9s0.0 38 6 Security or indorser may compel creditor to hold ‘the prin- GipAltorbathas ace buiian ce ala ce ghuw veel se aiomamen 38 ‘4. The affidavit and process may be served-on the defendant. 39 8 Rule nisi and absolute to make Sheriff special bail, form... 89 9 Bond of the defendant, form..........eeceeeeeeees vows 40 10 Affidavit of plaintiff to hold to bail, in Trover, form....... 41 11 Bond of defendant im Trover,-form.....cseceeeeeeeneeee 41 12 If defendant refuse to give security, property is to be placed in the hands of plaintiff, who gives bond and security. . 42 18 Petition for bail in actions ex delicto, form........0.eeese 42 14 Order of the Court, form.......... eKGGeas waeneatoaes 42, 15 Oath of justification of bail, form..........- pees ais cou 48 16 Can be issued on Sabbath ‘day. iuausr sce eleieyerniswideisne:s wiaphigingess 44 17 May be issued fiom Justices’ Court, and how.......... 44, 824 18 -Bail surrendered in vacation, Sheriff should take’ new bail... 44 19 Ezoneretur to discharge security, form.......+.- tecereee 44 BANK STOCK, See * Sherif, 37. * Oonstable” 12. ; BASTARD, MOTHER OF, See Justices of Peace, 45, 46, 47, 48, BILLS, NOLES, &e. - Ys 1 Promissory note, form......-.00.06 ig aia areoaevace 8:8 one 44, 45 ELE sce RY RE OEY CO? 45 422. INDEX, 8 Protest, form....: dip Maer seeumae Quomiasadawdace: “AD 4 Notice to drawer, form......... sudhiseavianinemedinseaige AB 5 When to be given, and how...... ais eens’ tative 47 BILL IN EQUITY, See “ Zquity.” BILL OF SALE. dt Ponty s sistteryeecea sels doen. eased smn sie fii aelets 85 BONDS AND RECOGNIZANCES, (In ‘Criminal Gace) 1 For assault and battery, form.:......... sypataineaeecwiios area 189 2 Of prosecutor, form... . ss eee ee sees eee eens Heese bee ees 189) 3 To appear as witness, form....... see Biajintenatea ia ded orate wiaieiee LOO 4 To keep the peace, form. doce be nneeeedens 192 “5 For appearance of father of bastard, form... 196 6 For support of bastard, form..... «REA Rineisialale’e a wteserar 196 BONDS. ~ ‘1 To cabaniee award, fort... ..scccseececcsecsercscreee 14 2 Assignment of, form............ ivmtinwwwneosiecsaee 8; 3 Of plaintiff in attachment, form..........eeeceeees + 25 4 To replevy in attachment, form.... cc cce cece ee eedaeees 26 5 Of plaintiff seeking garnishment, form, verecesrancsones OB 6 To dissolve garnishment, AON: Sccidl Gooneias acai oi neshorat 34 4 Of the defendant in an action requiring bail, form........ 40 8 Same, in action of Trovér, form. ......e. ce eee cee ees 41 9 One partner may sign co- partnership name to, and made.. 47 10 To co-partners in firm name GOO... eeeeeeeeeeaes seeeee 4T 11 By complainant seeking injunction, form....0........00+ 48 12 To Inferior Court by Transcriber of the Records, form..... 48 183 Of defendant in ne eweat, form... cc. cece eect e eee eee +. 50 14° Of defendant in ne eweat by holder of reversion, form.. case GI 15° Of retailer, form... . cece ec eee een seen e ene itennk SS 16 Of complainant seeking to restrain deferidant from running ‘ away orphans’ property, form, ........scceseececeaee 52 17 Of defendants, form:.......0..ceeeeeees tereseseeenece 53 18 Of prochein ami, form...... We sistdlespwerineceteeicass OF 19_Of plaintiff in error, Sapreme Court, fone (i ekneeae neweek 55, 20 Of Sheriff, form. ........ cee eee Lacmweawern sae seeeee, OD 21 Of Deputy Sheriff, form... .... cece cece cece ieee nccene 56 99: Of Pilot, form... .csawniawaseerawerewseaie. acaeeacwe BT 23 Of Jailor, form.. ine nidegtetarteaewaeesaae DS 24 Of Tax Collector, "form... aiseGlaauiliaess ee ee 25 Of Tax Receiver, form.......ceceeueseeeeere seaiieayeiags «. 59 26 Of Clerk Superior Court, form. veecesereweaees 60 27 Of. Ordinary, and Deputy Ordinary, form. sioeso-e gs sitiere’s 660,; GIL 28 Of Coroners, form...... ee lctwameeeve OL 29 Of County Treasurer, form.. SEik oases dtauin'srad capa St areenateng OD 30 Of Constable, form...... ela lei inikes: ald, ava slarevane'eiste 63 81 Of Solicitor-General, form.,.........065 CeRSAeeoORs - 63- 82 Of County Surveyor, fOll.s seseawena saa : 64 83 Condition of, in the words of act..... pieatetnastace 64 34 Certified copies, evidence.........eeeeeeeeene 65 INDEX. 423. 88 Officers taking, should conform to statute..ssssecccceese 65. 86 For certiorari, form............005 asasens avaiayehaceyind ase aaerere 67 87 Damage bond of-claimant, forml.........seecseeereeeees 70 88 Forthcoming bond, form... Koewin eed iewnesetshexae: Th 89 Damage bond in Justices” Gout Sea cleeventes iiatsa a Weisrmawiare. 02 40 Conditional bond for titles to land, form...........0008 05 83 41 Absolute bond for titles to land, form....... ere cxnsce BE 42 Administrators’ bond, form..............04. s saaneyee 128 43 Temporary administrators’ bond, form...........eeee08. 125 44 Administrator with will annexed, bond, form............ 126 45 Refunding bond to administrator, form. ....,..+eeeeeeees 1388 46 Of non-resident defendant in forcible entry and detainer, WON t3.40 rig dauroeaarsiire pia istnlinn aie angers lar akatarenan aesace 151 47 Of party Having possession of negro caieina © to be. free, HOLM a siscevsccit ie SR ERR EON wee Me Rar woes 155 48 Of prochein ami of bond delivered to- him, form. agrewetngere LOG 49 Of guardian of negro set free, form........6..05% sateen 160 50 Of guardian, form..... INDE MEDIAN ESOS SONATE Ra -» 161 61 Of natural guardian, form......... Cave Rihiave Pacers Oe 52 Of non-resident guardian, form... ........eeeeeeeeeee vee 163 53 Of defendant arrested on ca. sa., and forfeiture thereon, form, 170 54 Of plaintiff in eo. sa., for jail fees, fOYM.. oe eee ewes ee eeees 178 - 55 To take prison bounds, forni.s..... sigdistuirsealeeseneae 119 56 Fc orthcoming bond, where illegality filed, form...seseeee-. 180 57 Appeal bond, in Justices’ Court, form... cceeeeeececeees 185 58 To replevy ‘under distress warrant, FOr... cece eee eee es 202 59 To replevy under lien vs. steamboat, FOYT. ceeeeeeeeeees 214 60. To indemnify maker of lost note, Files acidoas Beene ctcain BE 61 Of owner of lunatic slave... ..cecceceeceseceenneassees BI 62 Of defendant, resisting payment of mortgage............ 235 63 For appeal, form.. ssis@nisesies atte eeecenees iva afew a tical 258 64 For stay, form.. wheres en ee seneeees weeeeeece 258 65 Of party entitled to possession of disputed property, form.. 269 66 Of the other party, the perso entitled not being able or willing to give security... 0..esseedesceesrenee sees QTL 67 Of purchase of mortgage property at sheriff sale, form. wee 299 68 Of purchaser of remainder, at sheriff sale, form............ 300 69 When filed and how strengthened. SincoisiacorWtacssalesecsiecewsn esate, QOL "0 Affidavit of inability to give epomedae 's bond on applica- tion for writ of error.......... was coerencees BOL CA. SA., See “ Justice of the Peace,” . 79. “a Insolvent "Debtors; ? . enerally. = e CERTIORARL y - : “1 Petition for from Justices’ Court, five. Sesteswosdunwmeaae 65 2 Oath to be filed with petition for, form........s.seeeeees 66 B Notice of, form. ..e sce eeecee ene cone censeee coeencee 66 4 Bond for, OFM cate smaraiernineie ances eel ajateiarararecaeci(ote . 67 5 Justices’ certificate, form... .....eccee cee eeseeesecensces 67 6 Answer.of Justice, form... seseesecercecessceceresees 68 424 INDEX. - 7 May be had by pauper... . Piece ree tee eee gr eeeees 68 “8 Must be applied for isle MANURies a macsmesanvcrens OT 9 Petition when from other than Justices’ Court.....-..++.- 69 10 Security may be compelledcto justify...... Hresaunisisveve Bien 69 11 In cases relating to slaves and free persons of color....... 69 CHILD, See “ Habeas Corpus,” 12. OLAIMS. Pe 1 May be, filed in cases of ettacbarientaschnes sever eeseenn 23. 2 Claimant liable under for time and: deletiaration of property, 23 8 Affidavit of claimant, form........ 6. weeeeee sipfeamianie as 69 4 Damage bond, form....... iON CR eee UO 5 Forthcoming bond, forms. ...¢siageecceccsavvecseoesae TL 6 To land, returnableto Superior Court... .seseeeeeeenes U1 4 To personalty, returnable to Court whence fi. fa. issued. . 7 8 At administrators’ or executors’ sale; how returnable...... 71 9 Torslayesiesecacdeeigcicsigaye yavdieiantuaeaearesanargyaierseeye aber 2 10 When plaintiff in fi. fa. Bice, sth soe gglcooue spins we 11 An agent or attorney may file... ... eee ee eens gecesi 42 12 Claims on Justices’ Court fi, faa....+..2c0+eee0-+.72, 824, 326 18 Under attachments........-.02.e008 eRe ae aweeare 72 14 No damage bond when land Deg tad Utena abeeeutevadct 72 15 Damage bond in Justices’ Court...... iaiebacawareisa eatin Ce 16 To slaves, how returnable... ...eeceeecrecsenerencesvce 12 OLERK INFERIOR COURT, 1 Fee8.so:c cess scsicee ees sinlaialig siaiiodee grgioke nie 05 2 Practical information necessary to... 8 Oath, form .. ....... :secaifapatoh ay estes ale yace tess; <7e Sigiaieig gil LO, 4 Must keep record and minutes....., ( 5 Bond by...... aaieielets slew mnecienvas ete wniee a saenpierasieh@ IOI 6 Office, deputies, &e. aaa Re. (A 4ANCRLSERERMOE RV NERA semen OLd” 4 Execution docket must be mee eats eines coveee SLT § Adjournment of Court DY....ceeeceeeeeeeeseeeereeeee BIT 9 May administer oaths......... (Rana ewneeeee carmen STS 10 Cannot practice law........ saree eeeee sverseelaisa ne lenneye 318 11 Duty as to peddlers and strays. Cnigaticmaneete ceceeeee 318 32 Defaulting tax returns to be received by..........+ veeeee 319 13 Subject to order of Court......... .. 819 14 Liable for money collected......... . we. 89 15 Must buy seals. ........c ee cence weno 819. 16 Advertisements by......6.+ceesseeeeeeeeeneee 319 17 Duty as torules nisi io establish toa papers.. conan ee as 320 18 Oath as to public money Paveisnets Haeiesachiest: MPs S45 CLERK SUPERIOR COURT. | ; : 1 Bond of, form.,.......se-0s eidhp Cxeecauave Gissspapenecovace wise 60 Di WS Gia teite resaiacatararsrecare) oiepes SO Mae areeararerwns seiihavejareenereretaasncemieok Skee 3 Practical information necessary to. shekgrsalsts serirbiee ase tiaveetes LO 4 Oath, form... ecsseeeteereee sGisisis'spasiiwspteeecwOl 6, B48: 5 Must keep records and MiDULES. .. 0. ce ceeeeeeeveeecsecs BIT 6: Bond: by scinesanen-aevewewsiinsceeareauguisketaemaie: SIT 1 8 9 10 11 12 18 14 * INDEX, 425 Office, deputies, bevsscsscsovewawsaereumeaewvecons ess B17 Execution docket, duty as to......c0ccceseee sacceeces BIT Re Se re eee 318 May administer oaths... salad aredio tales aininacwnaeda eae BLS Cannot practice law. ...... eee eee aaasla) og veyasayaveraeasauesats.ooe 318 Criminal docket, duty as to....... aarti crulaseveNe” ecastaeee - 318 Duty as to’ fine money, county orders, ‘records Supreme COUN bis asses Siete arepseac aati ty scratarararscorenaagis tvsucmmease 818 Subject to order of the Court........... Srioress olGte alesse wee B19 15 Liable. for money coilected..... cscs es secre eeeeneeeeeeee B19 16 Must buy seals............ Wie Ware Wels oe or 319 VW Advertisements by......+. javewn ak weer voviavex eer BIO 18 Duty as to rules nisi to establish lost PAPerS.....ceeeeeee - 820 COMMISSIONER. * 25 OM -TO ORO Oe To attest deeds, &c., how appointed..........eseeeee eee 73 To assign dower, forms... cs Saebei aR achaiiest eee eee ad Hak ‘ene 208 To take mterrogatories, appointment ‘of, form. suarsaygrarneceeye, LOO To examine. books, form.......... sxayishsiavelayeresdiaversueverenelers . 116 How returned, &c.. Scie SihWinte WS: w oeseare edie Beste welereceies: TEL (Or ihn inanuanse a asueranncue xmas asaeeee sisters 22 Their oath, form.......... oLiie sarlesteleweren salnemens paar 221 To divide land, form of Writ... sees ese ee ieee eeeeees 242 Oath of form; .cveccsvexeor ces cocoa tieneves ecco 248 Notice by, i ay oo hs eee ce 243 _ CON STABLE. . 7 ao OO MATH TI tO 1 1 12 138 14 15 16 Must levy attachment, in the order received, and enter day and hour of levy...... 24 Bond of, form....... : 330 Fees...... wiSiebreue are a calatere gaara sbieesiniaeteascveawecisawe 146 Nature of the office... .. ccceerecescceeescecanesenees 829 Oath forMiecs vewineess sreewarewtores aebascuaiena . 880, 848 * Must get certificate of bond being filed....sseeeeeeeeeees 830 Suits on bond... .... ccc e ee ee eee 5 SaK aie 330 Duty as to warrants, and itinerants.. seveeseroscees 330 Failing to make and pay over money..... wasieiee seeeeeese 830 ‘Must receipt for notes......0.cseesseeereeeres 330 Duty as to jury of inquest ; elections, Superior, Inferior, “and Ordinary Courts, and Jury i in Justices’ Court........2.. 831 When a party: sales by, land, negro, bank stock, ‘levied on, 831, Liable to rule and indictment: responsible though forthcom- - ing bond taken. .......sseseeereeeees seieeateawns OSE If no jail in county, must carry prisoner where....i...... 332 If no candidates for office, how drawn, &C........eese ees O32 Can be appointed by Justice of Peace, when... ceeee 882 For proceedings vs. rule nisi and absolute, and attach- ments vs. See “ Justices of Peace,” 18, 14, 15, 16, 17. Le For Election, see “ County Officers; » 9, 4, MEE - 20*— 426 INDEX. ° CONVEYANOES. - fe 1 All deeds, d&c., should be recorded. ......seeeessecvers "8, 14 2 Prority secured by record... Seas ae: 3 Deed to real estate, how witnessed... .. niieesavagees: TB 4 Deed to personalty, how witmessed......e.eebeeeceeeees 73 5 Mortgages, how attested........ Sy pyathe de etein taeexmeeee: 08 6 Instruments executed in foreign countries, how attested... 73 4 Executed in other Btates sdasura roel Srelig ei Gud i sarecovesdue(ora) stniave(eiaver NED) 8 Warranty of title... ..i. ssa ec cee erecerecrecsecccees Th 9 Hormis bt deeds, io. ,... 0: aligre‘araveabisterswisselateiaremsisce saws 0d 10 Short form for deed... ...cesceeeecceeceeneteccerenee Th 11 Interlineations, how noticed.........0..055 ee piaies iscrcenie 16 12 By agent or attorney, form... aa R Tee ere vaee 16 18) Sheriffs eed, fort aos acs cnn cecswmmeewaswaes wen LO 14 What should be conveyed by.. diinmeieceesaaenticiena TT 15 Fi. fa. should be recorded...... wneirmeneGwetie oeeeammncesy SEE 16 Affidavit to probate a deed by witness, form............. 17 17 Affidavit when witness dead, insane, or removed, form.. 78 18 Administrators’ deed, form, .......sececececenececeteee 48 19 Executors’ deed, form...... aisearoag (dis ietelaietelarste 28S! Bs Raia? MLO 20 Deed in trust for married women..... eiarsueratstaie etsve covers 80 21 Trustee should sign acceptance of trust.....-..seeeeee+. 82 22 Clauses in, can be varied... ..ccceccssccccesneeees 82 23 Quit claim deed, form.......0....0.65 82 24 Relinquishment ‘and confirmation, forth. sss. 82 26 Conditional bond for titles, form........... 83 26 Absolute bonds for titles, form,..... Peers: oo. 84 27 Bill of sale to'a negro, fOrmM...ssscsseceeceevetuneecees 85 28 Gift of land, form.........05 ceeeenees i 85 25: Record cobs se ciew.spebleieie's Wiel sie leieivinrs 86 80 Grant of right of way, form 86 81 Incorporeal estates, franchise, how conveyed:. Misia sye ST 82 Rights to cut wood, remainder, &c., how enna: vareen 8T 83 Partition, deed of, Ti iiisagmaantemaica ntacenanian Stine’ (88 CO-PARTNEKSHIP, PARTNERS, do. COALS OU USS BOTA 9 10 Bonds by, or toa co-partnersbip... Agreement for, form............ Clauses in, form. cee ee eee scenes Dissolution, how effected......... Limited or special, form....... .seeeeeees eyalsvereieielaxeve ae Certificate of Justice of Peace, form d&c........ Sieisilailene beans How recorded, dic... 2... cece eee ee ees a Affidavit of general phrtner, forta...... . Terms, how publisheds......-.0ee cere Sere eee eee ees Renewal and dissolution of special partnerships. ereuneeetnusres CORQNER. 1 2 Bond of, form. ...cesereeseeerecereeee: Duty of, on suspicious death happening. . .* INDEX, 427 -4 Must take down material evidence for Superior Court...... 95 5 Must compel attendance of witnessea.......eeieeereeees 95 6 Must execute process, when Sheriff is interested.......... 95 4 His oath, form...... Indiedwlelelneigtaw@uieny 1 iotnguaces Op 848 8 Precept, Asa hadi ccdamaseden ta cuene 0e 9 Jury on Saat to consist Of SiX.........eeeeesecereeees 97 10 “Their oath, formycy scsswave ss sadinoanince ds vdeewenwing OT 11 Witness’s oath, form wees HRI CAS Le eR Tecliewe@ewg eee, OT 12 Inquisition of murder, form......s.sseceececveceeceeces 98 18 Where accessories and accomplices, forth........e-sse006 99 14 Where murderer unknOwWn..........seceeeeeecceners 99 15 Commitment necessary, if to be retained ¢ or imprisoned. . ... 100 16 Form of commitment......0.ccecceeeseeereaeseceresse 100: 17 Evidence, how taken dowd... ......seseaseeeeeeeenenes 101 18 Brief of testimony, foFUn. 20. .se.seeeeeesteseeeeeeees 101 19 Recognizance of witness, POLM oe ees wept ebiews a's ais 2 585 - 1OL 20 Fees of, fi. fas. for...... en eila ey 6 a aise! 851 21 If Sheriff interested, must act. wwe (B52 22 Mllegalities to fi, fas. issued by. ....sceseeereeceeeseeese GOD cost. See “ Justice of Peace,” 58,73. COUNTY OFFICERS, ; : 1 Elections, when and how held. adie eid Searanereenebanewie seneee B47 2 To hold till successors are elected. and commissioned. . . 847 8 Ifa tie or Vacancy ..... eee eee ee eee eet e eee e cee neee 347 4 Deputies appointed by: "subject to. Court if out of office... 3477. 5 Must qualify and give bond, how and Whet.......eeeee2- 847 _6 The oath necessary to be taken by vosaaieexaie ss 5¢ 0% ond 348- 4 How removed ....2....00008% se xeieesvaeda B48 8 Receiver and Collector of . Tastes ‘how elected. ievewe weceee 848 9 Constables, how elected and office vacant. . vessaaery 848 10 Justices of the Inferior Court, how elected and ‘removed. +. 849 11 Jailor’s. Bond, Oath, dc. and under Inferior Court ......+, 349 12 Ifno Jail in adjoining Counties......ceeeesees esceecees 349 13 Wilful inhumanity in Jailor, &c., duty as to prisoners. 350 14 County Treasurer, how appointed, bond, oath, de... .... 06 . 350 15 Duty as to County funds, orders, books ‘of account, dc. reese B50 16 Fees and liabilities of, for embezzling, sieeve s sed eteeoe BBL 17 Clerk of Inferior Court to give bond as Treasurer......... 851 18 County Surveyor can administer oath, &c......... vee B61 19 Bond and-oath of Surveyor..... eevee eee eeee ee. 851 20 Coronor, fees of, and ff. fas. for... cece cece een eens eee BEL 21- If Sheriff interested, MUSE ACK. ..6. ce eseean + ghoaitaee! BOS 22 Illegalities to Coronor’s fi fas: liability to rule of.... ... 852 pede eeg eee ‘ : 1 Bond of, form....-..++++ eee aes wemsveseagasseuxcew GF D Cais ws: srsccvn sn scnte-6 d/o sieiatarasdare DETAR YS Fed TS oe. 189 8 Bond, oath, QCie since vere s eaiedtans 03 caeavenaewew 848, S61 4 May administer oath 10... .6s.sseeeeeseeseeeeeeerees 861 428 INDEX. on COUNTY TREASURER. : : 1 Bond off forms. 2. ssscrceenesieecceisinivsasecwecceens 62 2 How appointed, bond, oath, dic, duty... .esceereereee 348, 350 DECLARATION. See “ Pleading,” 1, 2, 4, 5, 6,7, 8, 9, 10, 11, 12, 18. DEED. 1 Warranty of title in deeds to land...........eceeeeeeeee 74 2 Short form’ of deed to, forms......ccecevecccneesseeeee 14 3 Uusual deed with warranty, form.......scscscsecueeues 15 4 By Sheriff, form......... Sawa NS Pee seesa ree sees 5 wee, 76 5 By administrators, form. ......cceececeseececncere eee 78 6 By executors, form..........00-005 eine ws eae teaeesee 19 ’4 Trust deed for married women, ‘form, see deneeeeeeeseeees 80 8 Ohjects can be varied to any purpose .......eeeeeseeeee 82 9 Quit-claim deed, form............. acinciaeatonieied.e be be «. 82 10 Relinquishment and confirmation, form........ seceseeee 83 11 Of partition to land, form and proceedings, dic......:..... 88 DEMURRER. See “ Pleading,” 84. DETAINER, See “ Forcible Entry and Detainer.” DISCLAIMER. See “ Pleading,” 38 DOWER. . 3 1 Application for, form............. se eecneeeececesscens 102 2 Notice Of fori. vas nesses cossci ns iencveaseneaevee cee. 108 3 Appointment of Commissioners, form .... seeeerasees 108 4 Writ to Commissioners........ a ake euveveewewnve 104 5 Oath of Commissioners.........006. cteeteceesees 104 6 Notice of assignment........ceescees sieibabieamoenecdee 105 4 Return of Commissioners ......+cccececeeeererercess 105 8 Judgment of the Court.......... Jieeevgeicwesvcenwnceee 106 9 Writ of possession. ....ceceee vecccceeseceenesenceree 107 ELECTIONS. 1 The importance of being ae conducted ...... senenee 852 2 For Governor, Members of General Assembly, Representa- tives in Congr ess, Electors for President and Vice-Presi- ~ dent, and County Officers, when held...... Ssiniewasicens BBL - Who may be Mavagers, how sworn, oath of....2....000++ 858 Polls, how opened and closed ; ; rolls, how kept..........- 353 What to be done with lists of voters ...... sr aisialeremnain et 353 Names of voters challenged to be plainly marked......... 353 Daty of Clerk and Grand Jury......cccecee cece eeeneee 353 Blank forms, return of election of cue “officers, form ... 354 Duty ‘of Managers as to ballots. . whinS Sa wad averaa eee DOI 10 To be kept sixty day8 ....cecceeeeeeeenees siolerarace-aspinient 357 11 In contested elections..............+ wescceceesesees BET 12 In County elections, Governor to decide ~. swigiseardners ase. 858 13 If party fails to accept, new election ordered...........+ 858 OMIDMWAa PP 9 INDEX. 429 14 Managers to-consolidate the returns. s...cessesrseeeeces 858 15 And certify them to Governor... ..csseeceeceeeecereces B58 16. Oath of voter challenged in his county. ssiafainelesite sna Susie SOS 17 Oath of voter challenged out of his county ......-.eeee0+ 859 18 Elections, how contested, notice, testimony, dc........... 859 19 ph twice, and egal voting. ...ccccueeecccecceeees 859 29 B ying or selling a Vote. ..... cece cess eee e eee sees 860 21 Managers making false returns or trying to influence the election,....... .eeeeee iilaiiew sie sie Saws seneeerecees 360 22 Freedom of the polls and elections exasuinsssndeoeys eras 200 23 Who to attend to keeporder....... cia sswemvese sas tae B60 24 Members of General’ Assembly, how elected ............ 861 25 Vacancies, how filled.............. Sekt weeteeess vee SOL 26 Members of Congress: qualifications..........sse++++++ B61 27 For extra session, when called. ........... eeseccreons SOL 28 Of Judges of the Superior Court and Solicitor General..... 368 29 Who to vote, ballots, duty of managers at . 363 80 How commissioned, sworn, duty of- Governor. . 868 ‘81 Vacancy from death, failure to elect, &c......... . 863 82 Qualification for Judge Superior Court... . saerieie Rah sa RenSS 364 83 The Judges of the Superior. Court... ...cceseeeeeeeeeees 864 84 Elections for President hnd,Vice-President.......... wees 864 85 Who entitled to vote .........e cece eee eeeceeeseceeees B64 36 Managers to make immediate returns and what they must SHOW, cocccocncccscccccccccccnsccoesccccsesseses 304 87 Returns to be consolidated ........0cseeeeeececeeeeees B65 88 Justices of the, Peace, how elected........0.s0.ceeeeee- 861 89 Managers :. term of,office..... 2. cee cen ccevccccccceeees BOL 40 How removed ; vacancy, how filled......sssesesereeees 362 41 Governor, how elected. sence eee eeenecesceetensseveses 362 42 Returns, how sealed up.. a s'org aisiniah cia eis aie SOLAS Seg Wrcietae, BO 48 Duty of Govern Ons cds iie isis cates erect go siotarois eres wes aes 362 See “Ordinary,” 7,“ County Officers,” “Sheriff.” “Constable” EQUITY AND EQUITY PLEADING, -1 As to injunctions Beene net e eee e ee enen es ee antes seaees 48 2 As to ne exeat.. cc. ceee ween ee dneevecen wavs (00 3 Commencement.and conclusion of bili in, ‘form. wide. aoateieieis 259 4 When an injunction is prayed for, form......+e++esesee++ 260 5 Subpeena in, Riise os ial da naka een, 261 6 Writ of, injunction, form......... PSGineee Eo eG siamegnes LOL 4 Writ of ne-exéat, form... ...... cecceceeenevccereccens 262 8. Writ of quia timet, FOF woe cece ese c cence ees ceeeenes 268 9 Mandamus, when issued........+pevecesseees Sineacee QOS 10 Dieglaidian Form coc. svevae povevowsnen cénenenaenend $5 264 “11 Demurrer, form........ cece ese c ec ects e es ecerentenee 264 12. Ploa,-forin,, « saiswsieacs TIGO 36 Mitimus when prisoner committed, form... see ceeeeeeees 191 37 Must state time and place of the offence. qs aah onaiain aes eevee TOL 38° Warrant must charge the offerice in language of the penal code 191 39 Affidavit of, to bind party to keep the peace, form........ 191 40 Peace warrant, form..... Cone e ences ee eeeeeennesesenee 192 41 Bond to keep the peace, form..... {eA ORA TEES seeees 192 42 Defendant may show there is no ground for warrant...... 193. 43 Affidavit for search warrant, form ......0eseeeeeeeeeeee 198 44 Search warrant, form ........... sigiss lent ois seecececesees 194 45 Affidavit of mother of bastard, formM.....e-e2s0 sevreee 194 46 ‘Warrant vs. father of, Abii: 34 asheaecasainiwiew ease 195 436 : INDEX, 47 If mother refuses to discover the father, may be punished . 195 48 Bond for appearance, form... .-..eeeeeres sities He Veet 195 49 Bond ef father to support the child... ira avereiavesoibietes 5.6 -. 196 50 Nature of the office of Justice of the Peace.......+..e0ee 820 51 Duty as to idiots, lunatics, &¢...... cee ee ete es Ue duaaanaysne 320 52 Must sit on all commissions of lunacy and nroesodings therein 321 53 ~-Must attend on all trials vs. railrogde for killing stock...... 321 54 Duty as to estrays .... cence eee cece cece eee Sones 822 55 List of tax payers to be returned to Receiver .....++..+. 322 56 Man and woman living in adultery, duty as to..... me aahes 822 57 In crimes committed by slaves or free persons of color.... 322 58 Discretion as to cost in criminal cases........e.eeeeeees - 822 59 Civil practice in Justices’ Court ...c. cece ence cece eeeee 822 60 Appeals, stay bond, and certiorari, .+..sssseeseeee wees 822 61 Jury, how drawn in Justices’ Court, fees and talesmen.. . 3823 62 Witnesses, their fees and interrogatories in... ......0505- 323 63 Court, when held, and defendent, how served.........66 323 64 Jurisdiction, suits on notes, accounts, dc., and attachments, 323 65 Cannot try a case sounding i in damages. sian ee oeeeeenee 323 66 Suits vs. joint obligors and co-promissors......0..eeeeeee B24 67 Bail, claims, and proceedings UNDER success esew sta ee ieee 324 68 Residence of ten days gives jurisdiction, itinerants, ake. . 824 69 When no Justices...,...+6 io badenenei sisi nierartie 7 24 70 Judyments, of what dignity.......+..eeeeeeee as 41 Defendant removing before or after judgment. . 42 Plea of non est factum......ceeseeese ces ecrececeeanes LF 48 Cost, who liable for. ......e..000 ¢ hia oa iaiaenar inte ninte'y oe B24 "4 Contempt, how auneeds in term times.+ssssececeeeeese B24 45 Securities, and indorsers in ......seeccceeceeenerececes GLE 46 Lost papers, how established sate la DaweeKesweaees O20 4% Usury, how plead ; parties, how maders..cscsesceereees 825 48 Claims to slaves or land... ...cssaeeeeceeeeeeees cisawe B25 49 Ca, sa. from, how returned, and cost on ......++.-- seeess B25 80 Evidence in, and oath of party. sen ee eens eneeees eeteees 825 81 Set-off, how plead, continuances, &c.......-+-- sees 826 82 When pk: aintilf may prove account by written affidavit, ad 2 Gefendant. . oe. cccrecccccceecceesteecesaete Sibinienera 326 83 Liable to rule and indictment: answer to Tule VS.seeeeee 326 84 Duty as to elections, free persons of color, minors, peer children... ... Winch BLS ASTe ae Ney GAR “Siete sefesctare saan oS 327 85 Twelve months support ‘to widow children, and proceedings 826 80 OA. Of acc c ce caadisee eee eee ME ETE ES MOR e ESTs ee 348 See “ Elections,” “Attachinents “and Garnishments; ” « Tuna- ties,” de. LAND. 1 Agreement in regard to, should be in writing........5++. 97 2 And should have two witnesses......... ofepetare siecacene sais rm 8 8 Claims to, feturnable to Superior Court.......eeceeeeracs ant 4 No damage bond, when levied of, .....ssseceeseeseress 72 w INDEX. 437 5 Deeds to, how witnessed... ....cseceveeeescnctecsceces 4B 6 Short form of deed to, form. ......cceeceeeeseee acnees Th 4% Warranty deed to, fir '535 cot aeinsde se adanienens tae 16 8 Sheriffs’ deed to, form... ... ccc cecceceeseevecaccsase 16 9 Administraters’.deed to, form... Meee sees sees, 18 10 Executors’ deed to, form. tie Cie Cesc cae 19 11 Trust deed to, form sap evaiaes sieeve ainwlbeid oie Sistarsroresars eas ere a 80! 12 Quit-claim deed to, PORE Faicora So ari aya Sle G86, See Spates etre “C2 13 Relinquiskment and confirmation to, Gmc aa ees 83 14 Conditional bond for titles to, Iti acecie cata eweurss! 28 15 Absolute bond for titles to, form... ....csceeeeeeeenees BF 16 Gift of, form... ccc cee eee e reese eee eeleieeawes eeeeees 85 17 Record off giff'to.. sisswesessecseieescsssisweresscens 86 18 Deed of partition of, FOYT. cece ee cece ee teen seen -. 88 19 Dower, how: assigned in... ee sce evereceseteeeteseceee 102 20 How sold, by administrator or executor....... divseeaces [27 21 Petition to make titles to, under intestate’s bond. caeceseees 180 22 Forcible entry and detainer Ole. aernaienslke bislaoresios saeey 149 23 How much, allowed insolvent debiars sewuswass vomnemees LIE 24 ‘When teriant of, Holds overs. .cececcesccccccccececeses 202 26 Lettér of attorney to sell, form, seen et ereceeeearseneens DUE 26 Letter of attorney to enter, demand pee of, or sue : FOF TOP eiaiesige as pisreccveierees ance eee meee eereeeee +. 205 27 Letter of attorney to lease, rent, dic...... se@ vin waaimnsrgete 206 28 Mortgage on, and proceeedings under, forM, ....cese eevee 229 29 Partition of, notice of application, form. -eees esses sees 241 30 Petition and Writ; fort, ds cake vcs seicat Laas eas eeee 242 31 When it cannot be fairly. divided, how to Heese, ‘orms... 245 82 Action for, form... ,. cece eee enwenetenecteebuessecene 248 88 Possession of, how obtained ‘from intruder, forms......... 267 84 Levy on by Sheriff, form...... oS preside oe win siedieie's g's 298 85 Notice. by Sheriff of levy on; form............ be ceteeee 208 86 How sold by Sheriff; divided by county | UO@Aycune asnex O12 LEASES AND. RENTS. : 1 Lease of a homse, form. suneinue ave-sseyapstaaave diavereieie wisheiewecead wae LOM. 2 Covenants in a lease, forms........eeees cece ee A 98, 199, 200 8 May be varied at. pleasure. . cae stags iwaseeeaaesiasse se 190 4 “ Fire excepted,” how to provide For... cerecceccceeccnes 200 6 Affidavit for issuing distress, form. ........eeeeeeeeeeee 200 6 Distress warrant, form sud RSS hot Bisa ee dearvceeee 2O1 4 Affidavit of defendant to replevy, FOrM. scene eeeeesevee 201 8 Replevy bond, form....... 2.0.0 cece cee ceeneseeeecees 202 9 Contracts for rent bear interest from maturity........+++ 202 10 Affidavit when tenaut holds over, form.......cseeeeseee 202 11 Warrant vs, tenant holding over,form.. ie tgieaieiate see 208 12 Counter affidavit of tenant, form’. Seu atevele 265 ayer erase r+. 208 13 Tenants at will, or sufferance, how, @jecteds. sss. ssseeeees 204 LEVY. : ‘ 1 Under attachment, Bikes cha iecaioncapuataes eoNaaee 29 a 438 iftpex. 2 Of lien fi. fa. on stearh-boat......scecereecmecciteccees O14 8 Of hen on steam-mill. ccc sees ee seevadecevedoececveces 219 4 Notice of, by Sheriff to tenant, form... .... cece eee e ee 298 LEVY AND SALE. 2 See “ Sheriff Sale,” “ Levy.’ As to property exempt from, * Bee “ Insolvent Debtors,” is, LIENS. 1 Of mason or carpenter, fortis. .... cs cece seccieecteneeee 211 2 When recorded......... si(acaie chdtiesexe asda a av th@ayelerseaiewieyeuetetas ek 8 On steamboat, affidavit of, form... ..isececcceeretevesee 212 4. Order of Justice Inferior Court, form... ...s2.cs5eeeeee. 212 5 Judgment, entered by clerk, Tildinguaneds iscsi ecwuinee 21S Fi. fa., how issued aud levied... 0. cc eee eee ceeereeeeeee 218 If claim i is under $30, Justice of Peace to “ache. wwedoness ¢ 214 Affidavit of defendant, form........ weeees Seis favecaiipe eis 214 Replevy bond, fort......ccseeeeeee ceeeeeceseseiees 214 10 Who can be security tO... ccccsscceeeees waiiiticcesese, 210 11 Part admitted due, must be paid.......e-eeeseeeeeneee 215 12 Proceedings after bond given, BC co cesensensrcsarcnns » 216 13 For service of negro, may be taken out by who........... 215 14 Of workmen, tailors, GC.....cccce cece cceceeraaceecece 216 16 Lien must be prosecuted i in 12 months; 5 ‘and after demand on, -and refusal of the owner......ccseee ceeteeeceeceer . 216 16 Of machinist on mill, steamboat, &c., petition for, ‘form. 216 17 Affidavit of the party, form........ sigaiowee eet vane O14 18 Order. of the Judge, form... ...6.-.sceeeceneeeeee sage 218 19 Fi. fa, under, how ‘issued and levied. ......ecceeueeeeees 219 20 Who can grant the order. s.ssseececececcceccves sebess 219 ‘LOST PAPERS, tS oa 1 Petition to establish, ohana et ahtoestibcs 219 2 Affidavit'to, forms. .... cc sceee secon etecesercscrevsre 220 8 Rule nisi, form. i Par eehnek eomeae hee tes anaes 320 4 Rule absolute, fOrMbiavidiorsesew. ses dae 8s tase sicnneed, 820 5 Bond given by holder of lost bill, die., form. vs». +s seen ay 221 6 Practice under act 1856, in regard OD ax cacPirasces ome G20 4 In Justices’ Court,........--20 208: svete eeeeees B25 | LUNATICS, IDIOTS, AND INSANE PERSONS. OO-1 1 Proceeding when alave, de., is—affidavit, form...... .... 222 2 Wattant, formic. oo: 90 sic cise nisin. tein aie vieteealg se ee cence 223 8 Notice to. owner, form,» +s+.++csecocees Same spasios Shee 223 4 How long served..... a ioisisievere ee test bets eeeneecens 223 5 To be committed to jail, if affidavit sustained. ahead Seis 224 6 Owner may keep slave in his Possessiin, on giving bond, Orin: a6 surasidsariie a eate fas ste eee eee seesvaeens 224 7 Application of pauper, to go to asylum, form... aeeceas 224 .8 Order of Inferior Court, form...........-..- steses .. 225 9 Notice, to be served on next of kin, or relation, form... sewers 225 10 Warrant, form... .. cece ci cee cents ce sc caceeteronenecs 225 tnbux. 439 11 Clerk to make exemplification of all proceedings to go with the lunatic.. .. cece cee eee ace Pes pneemiureds ve (228 12 If partially or totally unable to pay ‘charges, Keene ea ¢ 226 183 Lunatics’ guardian, bond of, fortn.... ccs cess eee eneeee 226 14 The wife entitled to guardianship. he sssiwse vena eeevetreeeees 226 15 Proceedings for commission, application, form........226, 321 16 Commission of lunacy, form... .... cee cee cecteeeeeeee, 227 17 Oath of Conamissioners, form. .... Sila ea anita eeigiecees cence 227 18 One of the Commissioners to be a practicing physician, and also one. to be Justice of Peace. (See Appendix.)....... 227 19 Notice to be served on nearest male relative, &c., form..... 227 20 Return of the Commissioners.....5.ssseeeeeveceeeeeees 228 aL Guardian appointed..........++ see eeee 228 22 Trustees of asylum may sue for expenses 3 from year to year.. 228 23 Pay patient may be admitted to asylum, how............. 228 24 Entitled to jury trial at any tI. ca saeeserndrecesdeves 228 See. “ Justices of Peace,” 51, 62. MANAGERS. See “ Hlections,” 8, 9,14, 21, 36, 89. MANDAMUS. See “ Pleading,” 32. MARRIAGE SETTLEMENTS. — -1 Must be recorded in three months........¢ceeenes soeeee 18 2 HOrmy Ofjus wesaw sees ease One WiGek b-oeieaa Wiese Syeeteceawiee LOU 8 How varied....... er Oe eee 4 Usual limitation in... ccc cae e ete nec cee csenscesesens 298 MITIMUS. See “ Justices of Peace,’ 36, 37. MORTGAGE. 1 On land, form... css seeeece sees ce cendennetenenscane 229 2 Clause in, when prior mortgage, fort... ....seeeseeeseee 2380 'B Petition to foreclose on realty, form... c.+seeseecesereee 280 4 Rule nisi to foreclose on realty, form.,......4..++.- coos 231 5 To be published ; the clerk should certify copy Of. .......+, 282 6 How served or published caainseeien sabe ioe sedenuqoeness? 282 - 7 Rule absolute for mortgage on realty, “forMncsevsnes oso ca 282 8 Affidavit of set-off, or usury by defendant, form.......... 238 9 Mortgage on personalty, formi......6seieeecceesceeveeee 283 10 Affidavit to foreclose, form... .e.e0. soccccercedeecenes USE 11 Order of Justice, form, ........ ccc cece nee nner eceeene 2BE 12 Affidavit of payments by defendant, form..........+++- « 235 13, Bond of defendant, form. ..... cece e cc cece cece cerecens 235 14 Order postponing sale, form.......cseeeeseseceeererece 286 15 Mortgage to indemnify security, form.........eeeeeeeees 236 16 Release of, forty... cceeeeeccecersecesenseeeseceees DOT 17 Assigament of, form. ......eees sees tener ccccscceeses “19 18 Must be recorded in three months..........eseeeeeeeeee 13 19 To real and personal ‘estate, how attested... s..cssceeees 43 440 INDEX, 20 Affidavit of mortgagee when property. mole at: Sheriff sale, Pormtiica sce isisis.s oy tag os etisiale ena teem eee a neaeneree .. 298 21 Bond by the Darenacer, “form... LEM vebeovcerenesscresees 20D ‘MORTGAGED PROPERTY. © See “ Sheriff” 37, “ Constable,” 12, “ “Mortgage,” 20, 21. ‘NATURALIZATION. 1 Oath of intention, Fecal aaah aie 238 2 Petition to take the oath, form........ ec ee eee eee vee 239 3 Affidavit of citizens, form,........... ibiSie ge Rare aye tet oameal 2208: 4 Oath of allegiance......-+ceeeeers se cenenccenevensons 240 5 Order admitting the applicant... caceveresepecseetssccens 24D NE-EXEAT. : 1 When it may issue., sisdeenie cc Vase dietaweas ees cane, OO 2. Bond of defendant in, {OW iven new ed ia Heiteewesek bobs aaa 1002 8 Affidavit of holder of reversion. Siiwess wameeeeisascaee 760 4 Bond of defendant.......c.. cece ens eeeeewece senceenes BL 5 The security must reside in the county... eee eee naene 52 6 The amount of the bond is fixed by the Saige: eee tena ve 4 Bond of complainant when defendant is running mies with orphan’s property, form.. 52 8 Bond of defendant, form, . ae 53 9 Writ of, Pane sa ge ne eal ee aces aes ae 262. NON EST FACTUM. See “‘ Justices of Peace,” 21, 73, “ Pleading,” 19.. NOTARY PUBLIC. 1 Fees of....cceeeees Saipan ance tine ote: 149. 2 Can witness deeds, and administer oaths.... awe 18 3 Protest by, form........eeeee ee ee reeneeeneennsen ee edB, 46 OTE. See “ Bills, Notes, de.” NOTICE. : ; 1 To drawer of bill of exchange, form of.......e.seseeeees 47 Of applicant for certiorari from Justices’ Court, form...... 66 Of application for dower.....s..cecceuevereee taneneee 108 Of assignment of dower........- eRe AS ba selV Gina sy TOG. Of filing interrogatories, fOrM, ..... eee eee eeeeeeeeeeees 109 To produce books, form... ...0.seseseeneeeeeees - 119 How served.......... Visaieweae ees » 119 Of application for letters ‘testamentary, form. cece eas o» 126 Of application for appraisement, by administrator, &c..... 127 10 For leave to sell land, by administrator, &c........-.-.+- 127 ll For sale of real estate. entree aseeencesessccssavessece LOT 12 For application for distribution... ....ceeceeeeeeesencee 128 13 Notice of petition to make titles by administrator, cc, form, 129 14 Notice of security, for discharge from bond, form.,....... 132 15 Notice of application to-sell slaves, and notice. of sale, form, 137 16 Notice of application for distribution, form............0. - 137 17 Notice to Judges for trial under Habeas Corpus, form..... 167 18 Notice to take the benefit of the insolvent act, form....... 172 — ® OMasTAaARPw we INDEX. » 4471 19 If served out of the State... .c.ccessceecccceees verees 174 20 Of insolvent under act 1801, form.:..c.sccececceseseces 178 21 To Justices to try negro‘under arrest, form..,.........+. 187 22 Of commission of lunacy, forms... ,..eececeteeeeacesnee 227 23 How and upon whom served......ccesececescecsecuces 228 24 Of application for partition, form.......ccceeesecscceess 241 26 Howiserved es sai ceccicaeetonsesceneia tai tnussesone 24l 26 By-Commissioners of partition, form........e.eceeaueses 243 27 To railroad company under act 1852, form.......e0s.00. 274 28 Of intention to apply for private way, form.......es.e00+ 276 29 ‘Of working the roads........... Ce ae ee 80 To undertaker as to repairing bridge.......cesceeeeecees 280 81 To be kept up by railroad at crossings.....e+ecesesesees 280 82. Of levy.on land, form. ..c..vapecaeeeceesereccsernsees 298 OATAS, (Official, dc.) 1 Of arbitrators, form.......cccccepeersccreceseccccuess 12 2: OF Coroner, form ic.sgc-scaers aisiaaiomarees « aishtcenin's «4061s 95 8 Of Commissioner to pay off dower ... coerecereces 104 4 Of administrator, forma... ...c.e. cscs eecseccasecvececes 123 5 Of administrator with the will annexed, form............ 124 6 Of appraisers, form. ..,...cceceececseeercceccsacecees 128 1% ORGIVISOR, FUP D- e555 ers 'gis 6/55 aiate ¥ s eitleerewieda’ses woes ASE 8 Of guardian, form... ....-:ccuscwcscserseccsccsecsces I6L 9 Of insolvent debtor, form.........006 soreeee 172 10 Of Juror in Justices’ Court, form...... dees savden LL 11 Of Juror on inquest, form. .... ce cecsseceseerscesseces OF 12 Of Juror on forcible entry and detainer trial, form........ 151 13 Of Commissioner on trial of case of lunacy.......0+ee002 227 14 Of Coromissioner for partition of lands, form.............. 248 15 OF Sheriff, form... .....ececcrcnerecccccesececccnccess 293 16 Of Clerk Inferior and Superior Court, form... eeese 866 17 Of Constable, form.......ceseceseccccenress sesae 830 18 Of Ordinary, form......05 cascsovesencsevecsscsssscs 883 19 Of Tax-Collector, form. .....speceesaceccccccsesecevee 843 20 Of Tax-Receiver, form......ccescccscccssccssccsosesee 340 21 Of Tax-Payer, form... wcesecarenccccccencccscesees 842 22) Of dailor, formes. cysie paccevecssseee cacvcsieneesaes B49 23 Of County Treasurer, form.......sse0e- 850 24 Of County Surveyor, form.........2005 851 26 Of Managers for elections, form.......0e.seeeececuceree 853 See “ Hlections,” 16, 17, 80. ® ORDINARY: COURT OF ORDINARY. 1 Bond off fortis ssc ive de cescesees ci vensncrseyendeaes: 60 2 Bond of deputy, form. ....scecccerccccscccccevecesess 61 SB Fees. cc ecacececccccsronseeretecresenssesesessvaces 4 Nature of his office........ ccs ceecsenccncreceseesrs B32 5 Jurisdiction of Court of... .cccccrecesesscasevvnccscves B32 6 Terms of Court, adjournments, dc........0e.ccevesecesss BOS eee 146 442 INDEX. 7 Election of Ordinary, bond, d&c., and of deputy........... 888 8. Must take oath of office, form Of.......6.200000020++033, 848 9 Must qualify when and how, and on failure-to do so, or ifa VACANCY is caine eGo waKK VISE Sess AGE eee Mes a e4s O84 10 Office, where and how kept, clerk, deputy............06+ 884 11 Duty of School Commissioner, as to poor children......... 384 12 Pay teachers, &e...... cece cence ev ce ceeecseneseccnees B85 13 Must keep accounts, his compensation, &c.......-+6,+0006. 385 14 Poor school fund: list of children.,.......sceceeeecesees B85 15 Must file accounts of teachers.......scccececccsscteees 385 16 Powers of, in vacation. ....cccccceeeesenevcccceesesss B85 17 Duty as to estates unrepresented...........ecceeeseesee 385 18 When administrators, dc,,elected Ordinary. >.....+..2+.. 336 19 Failing to settle for funds or property of estate........... 336 20 Cannot be administrator, de., or practice law..........04. 836 21 May administer oaths.......cceseweseccccevesscnceece 386 22 Bonds in testamentary CcasesS.....ccce ee eesecesessecees 336 28 Patrol fines, how disposed Of... ..cccccecccccecnccceseee 337 24 Slaves, how sold or purchased........cecesecesccceeess 387 25 Administrator may resign trust, how. ........ceeseeeeee 887 26 Returns, vouchers, appeals, dC... 2. seceeeeceeecerseces BOT 27 Court, how opened... .....scevcecsece cccesecteeccece B87 28 Testator dying from home; will, how proven............. 837 29 Power of Court Of... ccccrcccscccccccscccerccucessens 338 See “ Administrators, dc.,” “ Elections,” “ Lunatics, Idiots, de” 7 : PARTIES. Order to make, See “ Justices’ Court,” 17, “Scire Facias,” 2, 4,5, 6, 7, 10, 11, 12, 18. — PARTNERS. See “ Co-partners,'&e.” . PARTITION OF LANDS, 1 Notice of application, form........cseeessecessccevsees 241 2 How served, and to whom can be given.. see sae 241 3 Affidavit of service, form..........,0+6 aderieeds 241 Petition for writ, forms... ...cccceecec erect enscuccess L242 Writ of, form ..06..00ie ie Cees tice aes Hes weeteesesees 242 Oath of Commissioners, form. .....eeceeccevcrccccvvess 248 How administeredi......sicecreccceccecesccessceesss 248 Notice by Commissioners, form... veer cctvecscens 243 9 Must be eight days before day of.. ceescccerevess 248 10 Return of Commissioners, form......0eccceeccecrecesee 244 11 Traverse-of return, filed in 12 months, form........+000. 244 12 Judgment of the Court, form..... cee ee cece ee ene eee ee 245 18 Affidavit if land cannot be fairly divided, form.......... 245 14 Order of sale under affidavit, form..... 246 15 Return of Commissioner, forM..s.cescscnseseeecccncee 247 >16 Commissioners may. be empowered to pay over money at ONCE... eee ee ee eee eens PRM ENE ET GSE Keane as «. 247 OI om INDEX, 448 PEACE BOND. See “ Justices of Peace,” 41, 42, - PERSONALTY. 1 Claims to are returnable to Court whence fi. fa, issued..... 71 2 Bills of sale 0, how witnessed.........caecseecsceseees 78 8 How GUMS, ag seen +g! cueamen axe eaewam ds 85 PLEADING. 1 Suit how commenced, and writ haw filed, copied, sétved, and tried.........e0e Sd pebeoctaeks tes oe Dilatory pleas and of partial, failure of consideration...... 248 Suit for recovery of land, form.......e.ceeceeuvececees 248 To recover personal property, PORT 6 aise cicesieinicg e's nore 249 Suit on note, bill, bond, &c., ce, form.......... eesecenne 249 Copy, with indorsers’ names and credits to be added...... 250 Suit on an account, fOrm.......06 cceceeceeceeeceseees 250 On a judgment, flea maeren soranasece: seesereencees 250 On breach of warranty in a deed, form.. Seiniate- eva 0: dyaxe’a cose 251 J0 Suit for slander, form..... Haas eee deeeseewes eee 251 11 Declaration in debt, form... ... csc cece es eees ». 251 12 Declaration in assum psit, POUT aise sloreienieis eg sale Mie oie Siew OD 13 Tt is safest to add common and money counts, when...... 254 O DATA TP 0 09 14 Process, form.....-...s.02- cee teeween es seeeeeeeres QOF 15 Service by Sheriff, form... SWS OSS MENTES cde tnseesas, ZOE 16 Acknowledgement of service, POND sie oi aveisscee ses seeeene 255 17 Defence, contradictory pleas may be filed....... wees 255 18 Plea to jurisdiction, and affidavit to, form. ede vie te etistaraleia’s 255 19 Plea of non est factum, form.........se000-. 2.184, 256 324 20 Plea of general issue, form... .... eee cece eee eee ee cees 256 21 Plea of total failure of consideration, form............... 257 22 Plea of set off, form............000 Sepheees. Fosse eee BOT 28 Plea of statute of limitations, form. eeaeraas dig teagjarrateasie «+ 267 24 Appeal bond, form.........ceeseeereccesseee aeccreee 258 25 Stay bond, form..........ceeseee pati irate sai . 258 26 Equity pleading, commencement and conclusion of bill, form, 259 27 Conclusion when an injunction prayed for, form.......... 260 28 Subpoena, SOUMing as <5 seesninnee #404 seen ee tale seeees 260 29 Writ of injunction, form. ...... cece cece sree eee eeeeeees 261 80 Writ of me emeat, for... csc ece ee vec et ee eeeetecesnnes 262 31 Writ of quia timet, GOGA oe acs oe raee Maar eeaGaie neue: 32 Mandamus, how obtained and issued.........esceeeeeees 263 33 The defence in equity—a disclaimer, form.,...........+5 264 84 Demurrer, formiscik see sewer D6 FE Meee Oe ATs Meeewowes LOE 35 Plea, form....... Ries Se Galeeeee-< Xa Ree as pawaareeen, 2B5 36 Answer, commencement aah ‘conclusion of, “form. seasveces 265 37 Affidavit to the answer..... wecseeeee ansisrd a biece starciatsteeees LOG, PLEAS. See “ Pleading,” 17, 18, 19, 20,21, 22, 23, 35. PHYSICIAN AND SURGEON, 1 Fees in case of inquest.......ecaccceereoesscercseeses 142 444 INDEX, PILOT. 1 Bond of, form Of... .seccecescecceve sesceeccssesseses OT POLLS. 1 See “ Elections,” 4, 22, POSSE COMITATUS., See “ Sheriff,” 32. POSSESSION OF LAND AND PERSONALTY. 1 Intruder how turned out of land. .......scccseeeeeen ees 267 2 Affidavit, form.....ccccsnccssencseasacncevecacscverse LOT 8 lf defendant claims title, affidavit, form..............000+ 267 4 The two affidavits returned, and issue tried by Superior CONTE ie oie 6 oe o caisiare ecw nee bo separate »+ 268 5 Possessory warrant of personal property, affidavit for form, 268 6 Warrant for; forms cxxecsaawsevus tats vucesnentavewsnn 268 1 Order of Court, form..... ceeccacecececevcvescccseces 269 8 If party unable to give bond....... seesscecenceracece 269 9 Bond by party entitled to possession, form., ............. 269 10 Order of Court when party taking out the warrant refuses, or is unable to give security, form...... wistevercisreiete pasisaue” DL: 11 Bond of the other party, form,......ceeecereeerecetces 212 12 If defendant will not produce the property, and has not had the same in quiet and peaceable, possession for four x years, order granted, fOLMixgrnves s +04 40 amewanitens 278 POWDER RECEIVER. . HM PE onesie ons vas eG a vaeseoRteemne nea enaawt sone THO PRACTICE. ° See “ Justices’ Court,” 59. PRISON BOUNDS. , See “ Insolvent Debtors,” 20 PROCESS. See “ Pleading,” 14, 15, 16, 28. PROCHEIN AML 1. Bond bysiccancintieavsw ieces se consraeessuawererenn Of QUIA TIMET. _ See “Pleading,” 81. RAILROADS, PUBLIC AND PRIVATE ROADS, do, 1 Notice to railroad company under act 1852, form......... 274 2 How directed and served sss aeseseesssteeaceteteeiees 274 8 Complainant may swear to damage, when.........+...++ 275 4 Company may appeal..... pi dusiete sia evn eis sige 208 5 When person is injured by public roads, petition, form..... 275 6 Precept to Sheriff, for Jury to assess damages, form...... 2765 1 Sheriff to return amount to next Inferior Court.......... 276 8 Notice of intention to apply for private way...........++ 276 9 Order of the Court, appointing Commigsioners....,......+ 277 10 Notice must be twenty days before Court......seeseee+. 277 11 The return, and exceptions t0......00+-secseeereessecee QUT 12 Petition of party injured, for assessment of damage, form... 277 -18 Jury, how drawn, summoned, de... seceseesseessoues 278 INDEX. ; 445 14. Oath of Jurors, form......... ernie oasis aS Avnlnietgte oe iach 208 15 Verdict returned to Inferior Court. as Ce erga 278 16 Who subject to road duty, and penalty for neglect’of.. 278, 279 17 Inferior Court has power to establish roads, bridges, dc.... 278 18 Duty of Commissioners, and penalty for neglect of......... aus 19 Duty and power of Overseer, and penalty for a of duty, 20 Width of roads and penalty for obstructing..........279, 280 21- Bridges, &c., how repaired ; liability of owner of ferry, &e., toll, how regulated. aso, av aVanglanbisgate'ncas Sharer rA Wars aw ala dey misters 280 22 Notices to be kept up.over crossing by railroad, and penal- ty for neglect; hands of, not eubjest to road duty....... 280 23 Ferries, how established. .. a eiihoated. ee aw ‘iterate eae ee spaverete, 280! See “ Justices of the Peace,” 53. RECOGNIZANCES. | See “ Bonds. and Recognizances,” RECORDS. 1.May be transcribed by person appointed by the Inferior , COUP be sissisiie os pera scien eee Seema laters eetnnserenerenae 49 RELEASE. ; See “ Mortgage,” 16. RENTS. See “ Leases and Rents.” RETAILER, ~ . 1 Bond of, form.........++ seewiniee Veels simnaceree se gesege, OB ROADS: ROAD LAWS, do. ' See “ Railroads, de.” RULE ABSOLUTE. 1 To make Sheriff special bail, FOV. cece eee te eee ee eens 89 2 Against Constable.........0..60 ecbins Reieta nid ecwibin MN erates LOS 8 To establish lost papers.......0eee-eeeeees severee e221, 820 4 To foreclose mortgage... cc. veces ceecceecceereveceeers UR 5 Against Sheriff... sacessaveenee veedaceeewesdseecse 296 RULE NISI. : : 1 Against defaulting garnishee, form.........ceeeeseeeeee 85 2 To make Sheriff special bail, form............++0. iavene 89 8 Against Constable, form... .....cceecceseesececerereees 188 4 To establish lost papers.........ccceeeeecereeen es 220, 820 5 To foreclose mortgage... ... ccc aeeesececteetesecsere: Zl 6 Against Sheriff... .-. 0. cece cence eerccercccccceveces 294 SALES. See “ Attachment,” 80, 81, “ Guardian,” 4, “ Sheriff? 27, 28, 35, 37, 38, 39, 41, “ Constable, 12; © "Administrator, Executor, de” |’ SCHOOL COMMISSIONER, See “ Ordinary,” 11, 12, 18, 14, 15. SECURITY, INDORSER, é&o. 1 May compel creditor to hold principal to bail.........02.- 88 2 Ezoneretur to discharge security to bail bond, form of..... 44 See “ Justices’ Court,” a 5. 21% 446 INDEX, SERVICE OF WRIT, &c. See “ Justices of the Peace,” 68, “ Pleading,” 15, 16. SET-OFF. See “ init of the Peace,” 81, “ Mortgage,” 8. SETTLEMENTS ON MARRIED WOMEN. 1 Form of settlement... .....cccccceneeecneeserececseees 2 Character Offi. 0i iss asisiianoseuw save sean sonasaeeweneys 8 Usual limitation in..... Pree ee rere ree eee rere er 4 When must berecorded.......cccccesccencees seecene SCIRE FACIAS. : 1 When served... ...ccecssccesececeetenscveesccncuens 2 Death of principal, between return of ca. sa. and jn 8 Against bail, form.......... votre ee ee ence eceeeneveres 4 To make administrator of plaintiff a party, form.: 5 To make administrator of defendant a party, form........ 6 If defendant lives out of the Biste, how served.....ceeers 4 Order of Court to make parties... ....cccsceeseesceeeene 8 To revive a judgment, form......... Waa AeA a IMR TF 9 Judgment on the scire facias, form........s.eeecesseoes 10 Parties dying between judgment and the expiration of time: allowed for appeal, representatives may enter...,....... 11 Notice required, form... 2.0.0... ceccse cee eeeseeeeees 12 When served; and*case ready for trial... s..ssseseoe reece 13 Death of party, how suggested. .....ccc ee ee cece ne erece SHERIFF: SHERIFF'S SALES, &e. 1 Must enter on attachment date and hour, when levy made, and levy them in order as received........sea+eeeeeee Must return second original attachments and garnishments to Superior or Inferior Court of County where defendant we 287 287 292 292 281 281 281 - 282 283 284 284 285 285 286 286 287 287 24 lives or property is situated..........00..00. eeeeee es 81 To make special bail—rule nisi and rule absolute, form. . Bond of form ese sce oes oes acitieinecce eee Bond of Deputy, form.. 7 Deed by, form..... ica's Sesles ORME SESS Seco Te. es diate What should be conveyed in......... sini lerehe-earnessoieue's ae Fi. fa. should be recorded... sc asscccceccecvensceccoes Fees,..... 6ST E Ca TEMA RESORT OV 2555S oie) HS Se 10 Oath of, form... ... cece eee eee ene . +298, 11 How taken. ........0.-. 0 eee wiecaeepsy Vaden sige Hie 12 Service on writ, form . AY0-4) boa ode w wvekatd orbs el acararwuens Picasso eS 18 Acknowledgment of service, f6ttlis 4 54g gcxmbox snes caeetd 14 Demand for money collected, form.... 6. se eeeeeeueees 15 Affidavit of service of demand, form........eeseeepeceees 16 Rule Nisi vs, Sheriff, form... ...ccccceneeccccrcenceues 17 Rule Absolute vs, Sheriff, form... ...esccancsecsoncvoes 18 May include attachment.nisi and absolute... .eeeereesere 19 Attachment Nisi vs. Sheriff, form... .....c.ceveccsenees 20 Attachment Absolute vs. Sheriff, form. .....ccesecsueede 21 Proceedings after attachment absolute... ....ccceecseace CO TH OP wo 348 298 293 294 294 294 294 295 295 296 296 296 INDEX. 447 22 Process against the Sheriff, form..........ccececeeceees 297 23 Levy upon land by, Gating tas tees oe eereecesesers 298 24 Notice to tenant of levy upon land... cesees 298 26 Affidavit of mortgagee of property “about to be sold -at Sheriff’s sale, form ..........2+-0eeeee- secre eerneee 298 26 Bond given-by purchaser when property sold under-a mort- PAGO MOTI socc, sist piascineie's ov evaeienlica Geis visialg oiiats sia’s eneoe 299 27 Affidavit of remaifider man when life estate levied on to be BOI, FORM + ssieiwiniie sas ciawels sa esis mes Gdea rea geiarer BOD 28 Bond of purchaser to remainder man, form........0045 +o. 800 29 To be filed in Clerk’s office, and new security may be re- quired by giving ten days’ notice to the parties........ 301 80 The nature of his office, ....4.. seccecceccstonsenee _ 811 81 Isa peace officer... cc. cece eee cet e ence eeectecccecee SIL 82 Posse comitatus..... oe ihsleses so Waseboriondens sis viaig O11 83 Bond and security given oaseeneescreceses SLL 34 Commission, how and when applied fOr ks aseniee saws as BIZ 35 Sales, how advertised. cis eees sees ee eeeeees a SueGaais «. 812 36 Land, how sold....... ccc cece cece c escent censeeces oe. 812 37 Bank stock, mortgaged property, growing crops, sold by... 313 88 Property exempt from sale, duty as to..,...sseeeveeeeee 818 39 If terms of sale not complied with........... . 818 AO Warranty by... ...ccccec scence octet eecectaseesecere 18 41 Cannot buy at sale... .... cee cece cece cece eer e eee n eens BIB 42 Cannot charge for negroes who work. ..... seeseeeeeees 318 43 When property claimed at sale... ....... cee eeeeeceneee 818 44 Must keep a docket .....e.eseeeccces SaORE soccenese B14 45 Liable to rule... .. cece cece ete were en cecereene seecee 814 46 Extortion or malpractice by ....ccetasecseescees eevee B14 47 Process against...........- cee n ew ecenenenaes beceecees O14 48 Must attend Supreme Court.......sscccssescrosesseces B14 49 Must-furnish medical aid, dc., to prisoner ..........2.... 8165 60 Liable for Jailor, when... ..c. esc ce cee coerce ereeccees O15 51 oe ee) 52 How elected and remOved....sccreeessecceeecsascrsees B15 ‘68 A vacancy, how filled........ . weececeees B15 64 To serve till successor commissioned, ‘and to deliver process tohim...... seinen Sale SS WWisie Wists eee Nee segues veveee B16 BO WHCARHOL IS xaeawn daxurawed as nannenies veeeeeeee 816 56 Subject to order of Court when out of office. Jai deneces te 316 67 Doty as to writs of lunacy............+6- sescevecass S16 SLAVES-AND FREE PERSONS OF COLOR. 1 Cases relating to, may be certioraried from Inferior Court.. 69 2 Claims to, how returnable ......0-.cese eset ceteeneeees 12 6 Dill of wale to Glave nea ness nasaswe er scewe sas exe seee 85 4 Affidavit of prochein ami for trying right to freedom, form, 153 ‘B Warrant, form... seer vec se seen ence esewesceenceeeces 154 6 Bond of prochein ami, form... cc cece reece ern ecccercees 154 1 Bond of party in possession of, form... ssescsseeseeeeee 1565 448 INDEX, 8 Bond of prochein ami, form.......ceseeceeerteeseneces 156 9 Certificate of Justice of Inferior Court, form......... enatetese MOT 10 Petition of prochein ami, form. .........cceeeeeeeee ees 157 11 Issue, how tried.......ee.eee Ness tok ce oe week 12 Appointment of guardian and peiition; forms......... ae. 159 18 Bond of guardian, form..........ccececeseeeseetes «+e. 160 14 Amount, &e., of the bond, how fixed... .++-+« wseneed vey 160 See “ Lunatics, dc.” 1, 2, 8, 5, 6. SOLICITOR-GENERAL. 1, Bond: of, forttis.< eiscee cates ci vaaakeew evden, seavens 68 D We eS 6 a6 wince HA LA RE Se ORL CES weeee 142 SUMMONS. ; : See “ Justices of Peace,” 20, 22. SUPREME COURT. * 1 Bond of plaintiff in error, form... .....cecceeeeeeeeeee wee 55 2 Cases carried to, under 1886.......0.ceeceeeeseeseecees B02 3 Bill of exceptions, form,..... ae ete sia fara aN ie, 6 a 802 4 Certificate of the Judge, FORM wees exavnutrnmreiiesee tS 804 5 Acknowledgment of service, form. sibediar axe Wionusiee lee 8ibe8 304 6 Parties should carry up both sides of the case in one bill... 304 1 Affidavit of inability to give security, form........eeees . 804 TAXES, f ; 1 What subject to taxation... .. 60. e ese eee ee ee ee eeees 838, 339 2 Property exempt. . sii bie sees MEW OHOele wimeNeRNS B38 8 Practitioners of law, medicine, dentistry, dagnerrean artists, free persons of COIL, ......sece reer eeasescneesecees 889 4 Poll tax...... srowreieyare ines it0ks Grensawemesarese ce: BSP 5 Railroads, banks, foreign t bani K agencies. Lee weRT EES eWay 6 Slaves nominally SIAVOB. eee e cece reac ee eceens 7 In what money paid.......eeeeeseeeeeecnene ~ 8 How ascertained... .... ccc ecceecens ence neneeeueerees 9 Oath of tax payer, form....... ccs cece renee eceenees i 10 May except property returned by another...........++++ 842 11 Have priority; deeds to avoid; paasigenee, a 344 12 Persons removing, fi. fas. vs. feetOtis « atmedamacaniasirarres OEE 13 If more than legal is collected...........05065 eaieneeee ‘844 14 Duty of Collector ag to defaulters......ssceeeceeereeere B44 15 Ineolvent list, form. ...2..eeceeeeens coeeecere eee 1344, 845 16 No judicial interference with collection Of....ssssseeeees 346 17 Errors in digests... sce -seeeeeeeee eee eeereeeneeesens 346 18 County tax, “how levied, Cia, Rieirsis a erereraccidiarnanes ». 847 19 Inferior Court to raise funds for, when. sstiva slarseamalewerceer OLE TAX COLLECTOR. 1 Bond of, form... ..ccceseeeeeeeeaee islaeeee ® sansa 8% 2 When and how given, and if lost, Se. uigwweiereiare needa sar B42 8 Oath of, form... ....e eee eee cee MGs Ge erates + + B48, 848 .4 How to attend to reeeive taxes, dic. tiseewoseasaeeeey O45 “B When to commence collecting and eettle. ieee ceoeninanse 848 6 Fi. fas. vs, defaulters ; lands how sold, funds how disposed of 343 = INDEX. 7 Duty as to defaulters, and fees as tO 1... ceeeueceeeeees 8 Fi. fa. vs. Collector : acting before he is qualified .....844; 9 Insolvent list.......0..ee 000s 11 Certificate as to insolvent list, form,.........ceee ee ceeee 12 Clerk’s certificate, form... ..... cc eescee ees eceeeeoenees 13 County tax, duty as to: must give bond, dic............- 14 Fees of on digests, and poor school fund........-sseeee8 15 Errors in digest, deed Of...ccccecscecesctevcssccsecnes See “ County Officers,” 8. TAX RECEIVER, 1 Bond of, form... ...... ccc cee w eee c eet e nescence 00059, 2 Duty of as to taxes, digest, abstract, dic 1... ccc vena 8 Oath of, form... .. sce cence eee reer eesscees ene B40, 4 Must classify returns...... cece cece ne ccsecceneeesaes 5 How to. visit districts and give notice........ccceseneoes 6 Duty as to receiving returns at any time.........ceceees 4 As to defaulters, false returns, fees, G0... ...ccccencccees 8 On failure to elect, Inferior Court to appoint.......see00s 9 Who disqualified... ..cccerececcteeececereeccsessvens 10 Oath of tax payer, form... cee se ese cece eset ecetectnees 11 May except property in, returned by another............ 12 Must follow instructions of executive. ....secseeeseeeees 13 Land and negroes, how given in..........+0+- ee deinen 14 Fees on digest, and poor school fund......ccesecececeees As to elections, see “ County Offcers,” 8. TRAVERSE, ; 1 To affidavit of plaintiff in attachment, form.............. 2 May be filed to answer of garnishee .......secsscceeees TRUSTS, TRUSTEE, &o, 1 Trust deed, form... ccc cccccccecccrcccscereaverosesene . 2 Trustee should sign acceptance of trust..........ceeeeee 8 Deed may be varied to suit any objects. ....seeeecseeues USURY. See “ jaistices' of the Peace,” 17. VOTES, VOTING, do.” See “ Elections,” WARD. : See “ Guardian and Ward.” WARRANT, (Criminal.) See “ Slaves and Free Persons, de,” 5. See ‘ Justices of the Peace,” 25, 26, 82, 38, 42, 48, 46. See “ Lunatics and Insane Persons,” 2, 10. WARRANT, DISTRESS. See © Leases and Rents,” 6, 7, 8. WARRANT, POSSESSORY. See “ Possession of Land and Personalty,” 5, 6. See “ Leases and Rents,” 11, 12, 18. 449 844 846 844 845 845 845 846 846 346 840 840 348 340 841 341 341 841 841 842 342 842 842 846 80 380 80 82 82 450 INDEX, WARRANT, SEARCH. , See “ Justices of the Peace,” 48, 44. WARRANTY. 1 Of title, as to covenants........ceceeecsaccccerces oes 14 2 Deed wills, form. .......... cig 6 as isis cceoarenarcaaeda's “1D 8. By Sherifficc css viinwwonteuweg tise eseceeisweens ees ces OLS WIDOW, 1 And children entitled to have twelve oui support from estate of husband, proceedings a8 tO ......e+eeeeeeee+ 326 WILLS. 1 Preamble to a, form. ...cccc cece ec ee teen eeeeseessces BUD 2 Preamble to a, by a married woman under a power, form.. 805 8 Conclusion of a, form... CREEL AED RED EAERR OG GRRE . 806 4 Probate of a, form... ++, c+soccccctccccevccenseeecuces 306 5 Order of Court, form........... ‘civinedeeawetanas ewes s BOT 6 Caveat to, filed with Ordinary, form:....., ‘canueiean nese BOT q Traverse of, FORM: Seige Rin wakes Bee SS so apeeinn BOT 8 Judgment of Court, admitting to record, form.....7+2+00.- 808 WITNESSES, 1 Can be subpcenaed by arbitrators and entitled to same fees as in the Superior Court........s0ssseerseerecesrees 12 2 Oath of, before Coroner, form.......eceeecreceeecceeees OF 8 Who can be made, generally......ssseeseseerereeeeees 107 4 How subpoenaed... ....cseeereeececeececerereseeeces 108 5 How compelled to answer interrogatories, .......+++-112, 113 6 If fees unpaid, how to proceed .....seseeceecereseerees 122 4 In Justices’ Court, their fees, dC... .seeeeacrsecsecesees 828 ERRATA, On page 24—16th line—For “George Truth” read “ George Trusty.” ; On page 61—2d line—after the words “Attached to said office of Ordinary of said County by law,” read “ as Clerk of said Court ;” and on same page—24th line—after the words “duties as deputy ” read “ Clerk of the Court of, de.” On page 221—2d line—for “ May term” read “ November term.” On page 252—29th line—for “Joseph Mills” read “ Joseph’ Smith.” On page 280—4th line—for “ Superior Court” read “ Inferior“ Court.” é ae On page 286—18th line—read “ for” in place of “ by.” FS oe Sa = fe pai : nes Bars pg aed - é a: B- o ‘s “ : 2 1 f, f NS ON ee SS RAE aS OY, SE TENTS SOG os Bae eS