The Affidavit may be in this Form: North-Carolina, County. A. B. maketh oath before me C. D. one of the justices of the peace for the couny of that E. F. is indebted to him [or to G. H. for whom the said A. B. is attorney, agent, or factor, as the case may be] to the amount of to the best of his knowledge or belief; and that the said E. F. hath removed himself out of this county [or is removing himself privately, or so absconds or conceals himself, as the case may be] that the ordinary process of law cannot be served on him. Whereas, A. B. or [A. B. attorney, agent, or factor, as the case may be, of C. D.] hath complained, on oath, to Esq. justice of the superior courts that E. F. is justly indebted to him [or and cath having been also made that the said E. F. hath removed, or is about to remove himself out of your county, or so absconds or conceals himself that the ordinary process of law canu t be served on him, [or is an inhabitant of another government, if the case is so] and the said having given bond and security, according to the directions of the act of the General Assembly in such case made and provided. We therefore command you that you attach the estate of the said E. F. if to be found in your county, or so much thereof, repleviable on security, as shall be of value sufficient to satisfy the said debt and costs, according to the complaint; and such estate so attached, in your hands to secure, or so to provide that the same may be liable to further proceedings thereupon, to be hard at the court to be held for of at on the day of next, so as to compel the said E. F. to appear and answer the above complaint of the said ; when and where you shall make known to the said court how you shall have executed this writ. tice of the said court, at American Independence. the Witness day of in the The Bond for the Attachment is in this Form: Know all men, by these presents, that we are held and firmly bound unto in the sum of Esq. jus year of all of the county of to be paid to the said his certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, we bind ourselves, and each of us, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated the day of in the year of our Lord one thousand eight hundred and The condition of the above obligation is such, that whereas the above bounhath, the day of the date hereof, prayed an attachment, at the against the estate of the above named for the sum of den suit of and hath obtained the same, returnable to the court, to be shall pro secute his said suit with effect, or, in case he fail therein, shall well and truly pay and satisfy to the said all such costs and damages as shall be awarded and recovered against the said , his heirs, executors, or administrators, in any suit or suits which may be hereafter brought for wrongfully suing out the said attachment; then the above obligation to be void, other wise to remain in full force and effect. Also for all debts and demands cognizable before a justice of the peace, that is to say, of thirty pouuds and under, for a balance due on specialty, contract, note, or agreement or for goods, wares, and merchandize sold and delivered, or for work or labour done, or for specific articles, whether due by obligation, note, or assumpsit, a justice of the peace, upon the like complaint and the like bond given as is above mentioned, by the like persons as are there also mentioned, may issue an attachment to the same officer; which shall be returnable before some justice of the peace on or before thirty days after the date thereof. Such bond, together with the affidavit to be filed by the justice who shall try the cause, with the attachment and other papers relative thereto. And upon such attachment, proceedings shall be had in a summary way, aud the defendant may replevy the property so attached, by giving bond and security to the officer serving such attachment, conditioned to appear before some justice of the peace to abide by and perform the order or judgment that shall be made thereon. Where the sheriff, constable, or other officer shall serve an attachment in the hands of any person or persons supposed to be indebted to, or supposed to have any of the effects of the party or parties absconding or residing out of the state, he shall at the same time summon such person as garnishee, in writing, to appear before the justice before whom the attachment shall be returned, then to answer on oath relative to what he or she is indebted to the defendant, and what effects of the defendant he or she hath in his or her hands, and had at the time of serving such attachment, and what effects or debts of the defendant there are in the hands of any other person, and what person, to his or their knowledge or belief: And where any attachment shall be served in the hands of any garnishee in manner aforesaid, it shall be lawful upon his, her, or their appearance and examination, to enter up judgment and award execution against such garnishee, for all sums of money due to the defendant in his or possession or custody, for the use of the plaintiff, or so much thereof as shall be sufficient to satisfy the debt and costs, and all charges incident to levying and securing the same; and all the goods and effects whatsoever in the hands of any garnishee or garnishces, belonging to any defendant, shall be liable to satisfy the plaintiff's judgment, and shall be delivered to the Sheriff or other officer serving the attachment. And when any garnishee summoned as aforesaid, shall not appear and discover on oath as by this act directed, it shall be lawful for the justice to issue a notice in writing for the said garnishee to appear at such place and on such day as he may appoint, to show cause why judgment shall not be entered and execution awarded against him; which notice shall be served by the sheriff, constable, or other officer; and upon such notice being duly executed and returned, if the garnishee shall fail to appear and discover upon oath in manner aforesaid, the justice shall give judgment against such garnishce for the plaintiff's full demand, with costs, and award execution accordingly. Where any property, attached as aforesaid, shall be claimed by any person or persons, and to determine the right the intervention of a jury may be necessary, the party claiming such property may appeal to the next county court, where such right, upon an issue joined, shall be tried by a jury of good and lawful men; the party claiming first giving bond with sufficient security to pay all costs and charges in case he, she, or they shall fail to prosecute the said suit with effect; and the verdict of the jury in such case shall be conclusive as to the parties then in court, and the court shall give judgment accordingly. When any garnishee shall on his or her garnishment, deny that he or she has in his or her possession any property of the defendant, and the party plaintiff in such attachment, shall on affidavit, suggest to the justice that such garnishee owes to, or has property in his or her hands, belonging to the defendant, or when any garnishee shall on his or her garnishment, make such a statement of facts that the justice before whom such garnishment shall be made, cannot proceed to give judgment thereon, then and in either of these cases, the justice shall return the attachment and other papers to the next county court to be held for his county, and the court shall order an issue or issues to be made up and tried by a jury, and the court shall give judgment on the verdict of the jury as in other cases. When any goods or other estate shall be attached by virtue of any attachment issued agreeably to the directions of thie act, it shall and may be lawful for the defendant or defendants, his, her, or their attorney, agent, or factor, to replevy the same, by giving bond with sufficient security to the sheriff, constable or other officer, serving such attachment; which said bond the sheriff, constable, or other officer is hereby em-powered and required to take, to appear before the justice to whom such attachment is returnable, and to abide by, perform and satisfy the order and judgment of such justice. And when the estate attached shall, by three freeholders of the county, to be summoned by the sheriff, constable, or other officer for that purpose, be certified on oath to be perishable, and the person or persons to whom it belongs, his, her, or their attorney, agent, or factor shall not, within thirty days after the serving such attachment replevy the same, then such estate shall be sold at public vendue by the sheriff, constable, or other officer,--he having first advertised such sale at the court-house and other public places in his county, at least ten days before the sale. And the money arising from such sale shall be liable to the judgment obtained upon such attachment, and shall be retained and kept by the officer to wait the event of such judgment. Whenever any garnishee shall on oath confess, that he or she has in his or her hands any property of the defendant of a specific nature, or is indebted to such defendant by any sccurity or assumption for the payment or delivery of tobacco or other specific articles, then, in either of those cases, the justice before whom such garnishment shall be made, shall immediately order three freeholders to be sworn to enquire of the value of such specified property, and their verdict shall subject such garnishee to the payment of such valuation, or so much thereof as shall be sufficient to satisfy the debt and costs of the party at whose instance such garnishees shall have been summoned. But that such garnishee, who may on oath confess that he or she has in his or her hands any specific property of the defendant as left or deposited in his or her possession by such defendant, may always exonerate him or herself by delivering such property to the sheriff, constable, or other officer who levied such attachment, or may levy the execution issued thereon. And when judgment shall be entered up against any garnishee, declaring as aforesaid, he shall, on giving security if required, have the same stay of execution as such garnishee would have been entitled to had he been original defendant in the suit. In all suits commenced by attachment as in this act directed, which shall be returnable before a justice of the peace, the justice to whom such attachment shall be returned shall stay, all proceedings thereon for the space of thirty days, un less the defendant to such suit by attachment, his agent, or attorney shall replevy the goods, chattels, or property so attached. The person or persons entering themselves as special bail on replevying property attached, shall only be held liable to answer the value of the property which he, she, or they as aforesaid do respectively hold or have returned in the garnishment, and no more; but the security replevying, shall not avail themselves of paying the value of the property so replcvied, unless such security shall, on the return of such attachment to the justice, require that such value should be ascertained by an inquiry: which inquiry the justice shall have executed on request as aforesaid, by three freeholders by him summoned to assess and value such property on oath, notice being given to the plaintiff in attachment, his agent, or attorney, at least five days before such inquiry shall be executed. When any attachment issued agreeably to this act, shall be returned to any justice of this state as levied on the goods and chattels, lands and tenements of any person or persons residing without the county in which such attachment issued, it shall be the duty of the justice to direct advertisements of the same for the space of thirty days. No attachment, warrant, or other process issued by a justice of the peace, shall be set aside for the want of form, if the essential matters required are set forth in such process. See Acts of Assembly. For the Form of a REPLEVIN BOND-SCC Appendix. ATTORNIES. The county court shall appoint an attorney properly qualified to act for the state, who shall hold his office during good. behaviour; and shall prosecute all matters cognizable in the county court of pleas and quarter sessions where he shall be appointed, for and on behalf of the state. The court shall not suffer more than one attorney to speak for plaintiff or defendant in any cause. Every attorney shall file his declaration in the clerk's office," any time within the three first days of the term, to which the writ is made returnable, and on failure thereof, such suit shall be dismissed by the court at the cost of the plaintiff; which cost being paid by the said plaintiff to the clerk, he may warrant such attorney for all costs by him so paid, and the receipt |