debt, subject to such deductions as the defendant may make appear on trial to have been paid, in full or in part of said former judgment.

A justice of the peace has power, upon sufficient cause shown on oath, by either plaintiff or defendant, their agent, or attorney, to postpone from time to time, or continue for trial, any civil matter or case that may come before him; provided such postponement or continuance shall in no case exceed thirty days; and it shall be lawful for any justice of the peace to act on said postponement or continuance, the original date of the warrant exceeding thirty days notwithstanding,

All judgments given by a justice of the peace shall bear six per cent interest on the original sum, until the same shall be actually paid or otherwise settled.

the

Whenever it shall happen that judgment shall be entered against either plaintiff or defendant, he she, or they not being present, at any time within ten days after such judgment, person or persons against whom such judgment hath been given, on making oath before any justice of the county where such judgment may be entered, that he, she, or they was or were prevented from attending on the day of trial by bodily infirmity, mistaking the day of trial, or other sufficient cause, and that he, she, or they are likely to be injured by such judgment, it shall be lawful for such justice to grant an appeal to the next county court, or stay of execution, on such person or persons entering into bond with sufficient security, as in other similar cases; and it shall also be the duty of such justice to give to the party craving such appeal, a written order to the constable, or other person having such judg ment in his or her hands, commanding him to return said judgment, together with such other papers and documents as may be in their hands relative to such judgment, to him the said justice, before the next county court; and also commanding said officer to give notice to the party in whose favour such judgment hath been given, of an appeal being granted thereon; and that it shall be the duty of said justice, on receiving such judgment and other papers, to make return thereof, together with the appeal bond and affidavit of the party craving such appeal, to the next ensuing court of his county, to be tried as other appeals from justices' judgments. Whenever a judgment shall be given in the absence of either plaintiff or defendant, by any justice of the peace, whether execution hath been issued or not, on application of such absent party, his or her agent, or attorney, within ten

days after the date of said judgment, to the justice who awarded the same, on sufficient cause shown on oath or affirmation, why he, she, or they could not attend on the day of trial, it shall be the duty of said justice to issue his order to the plaintiff, defendant, or other officer (as the case may require) in possession of the papers relative to the suit, to for bear any other proceedings thereon, and immediately to bring the same before him or some other justice for reconsideration, provided that the applicant shall give sufficient security for his appearance. It shall also be the duty of the justice aforesaid to issue his summons, directed to some proper officer, to cause the parties, with their witnesses, to appear before him or some other justice, at such time and place, not exceeding thirty days, as he may think proper, where the case shall undergo a fair investigation, and be subject to the same proceedings as if it had never been acted on; and the officer to whom the summons may be directed, shall receive for his trouble in executing the same, the same fees he is entitled to for summoning witnesses; to be taxed on the party at whose instance it issued.

All executions issued by a justice of the peace shall be made returnable in three months from the date of said execution; and when any execution shall be returned, not fully sa tisfied and dicharged, it shall and may be lawful for any jus tice of the peace for said county to issue another execution for the sum so remaining due on the former execution.

If any person, under any pretence whatever, shall bring a suit in any of the courts of this state, for any sum under thirty pounds, which is cognizable before a single justice, unless the principal and interest shall exceed the sum of thirty pounds, this act may be pleaded in abatement thereof.

For remedy against sheriffs, constables, and clerks of coun-ty courts, for monies received by them, see Clerk of the County Court.

For fraudulent conveyances and concealment of propertySee Fraud.

Any person or persons who have paid any sum or sums of money for or on account of those for whom they became. surety, upon producing to the county court, or any justice of the peace who may have jurisdiction of the same, a receipt, and that an execution has issued, and that he has satisfied the same, and making it satisfactorily appear by indifferent testimony that he has laid out and expended any sum or sums of money as the security of any person, may move such court or justice of the peace, as the case may be, for judgment

against his principal for the amount of the sum which he has actually laid out and expended; a citation previously issuing against the principal to show cause why execution should not be awarded; and should not the principal show sufficient cause to the court or justice of the peace, such court or jus» tice may award execution thereon against the goods and chattels, lands and tenements of the principal.

When any person who has resided six months or more in any county of this state, shall be about to remove out of the same, either by land or water, it shall be his duty to advertise his removal in at least three public places of the county, ten days previous to his removing: one of which advertisements shall be set up at the door of the justice of the peace to whom such person may intend to apply for a certificate of his having so advertised, or at such other public place on the premises of said justice as he may direct. And if any person or persons shall remove, or knowingly assist to remove any debtor or debtors out of the county in which he shall have resided for the space of six months or more, who shall not have advertised himself in manner aforesaid, and shall have procured a certificate of the same from under the hand of some justice of the peace of the county, then such person so removing, or knowingly assisting to remove such debtor, shall be liable to pay all debts which the person so removing might justly owe in the county from which he was removing; which debts may be recovered by the person legally entitled thereto by an action on the case provided suit shall be commenced for the same within twelve months from the time the proof of such removal shall come to the knowledge of the person to whom the debt was due.

For the limitation of time in bringing other suits-see Li

mitation.

A warrant may be general or special. General, to appear before him or any other justice. Special, before himself, at a day and place certain, limited in such warrant. But it will be good discretion in a justice not to grant a special warrant without any good reasons.

When the officer serves a general warrant, he may carry the defendant before any justice he pleases, and must there make return of the warrant executed. But a special warrant he must return to the justice who granted it, and carry the defendant before him at the day and place therein commanded. If the defendant fails to appear at the day and place appointed, judgment may be given against him by default, unless reasons be shown to the justice for his non-attendance,

as sickness or some inevitable hindrance: in which case the cause may be adjourned to another day, or to another day and place.

Upon every judgment or dismission, the party in whose favour it is, must have costs.

Executions against the body, or against the goods and chattels, lands and tenements, may be issued by a justice of the peace after judgment.

If the writ against the body be executed, the officer must carry the defendant to the county jail, there to remain till the debt be satisfied, or until discharged by the creditor or by law. If he suffer him to go at large in the smallest degree, it is an escape, and subjects the officer to answer the whole debt.

If two fieri facias, that is, executions against the property, be delivered to the officer against the same person, that which is first dated shall be first satisfied.

If an execution of a later date is first delivered, and he seizes by that, and afterwards there comes another execution of a former date, that ought to be first satisfied.

If only part of the debt be levied on the fieri facias, or exécution against the property, a capias ad satisfaciendum, or execution against the body, may issue for the residue."

Also, if there are no goods to be found, or not to be come at without breaking doors, the fieri facias may be returned, and a capias ad satisfaciendum may issue.

If there come two executions of the same date, that should be first satisfied that is first delivered.

See Appeals, Attachment, Book-Debts, Evidence, Executions, Religious Societies, Offices, and other apt Heads.

P

Warrant for Debt.

State of North-Carolina, Wake County.

To the Sheriff or any Constable of the said County, or other
lawful Officer.

Whereas, A. B. hath complained before me, C. D. one of the justices of the peace in and for the said county, that E. F. of the said county, planter, is justly indebted to him, the said A. B. in the sum of

in

current money of this state, by bond, [note, or account, &c. as the case may be] and delays payment thereof. These are therefore to command you to take the body of the said E. F. if to be found in the said county, and bring him before me or some other justice of the said county, at the said county, on the next, to answer the said complaint; when and where do you return how you have executed this warrant. Given under my hand and seal the day of

Lord

day of

in the year of our

C. D........(seal.)

And you are further ordered to summon G. H. and I. J as witnesses for the [plaintiff or defendant, as the case may be] to appear and give testimony in the above `suit, at the time and place appointed for trial. C. D.....j. p.

When the warrant is for the penalty of a statute or act of assembly, the time, place, and manner of committing the breach, should be stated with much precision, and the statute or act referred to with certainty.

Form of a Judgment for the Plaintiff

State of North-Carolina, Wake County.

At the house of

in the said County, the in the year of our Lord

day of

A. B. v. C. D.........debt.

The aforesaid parties appeared before me, one of the justices of the peace for the said county, pursuant to a warrant issued for that purpose, dated the day of last past; and the said complaint being now heard, and the evidences and witnesses being also fully heard and examined: Therefore, it is considered by me, that the said A. B. do recover against the said C. D. the sum of together with the costs incurred

in and about the prosecution of the said warrant,

Judgment for twenty-five pounds, with interest thereon till paid.
Constable's fees........For serving the warrant,

summoning two witnesses,

48.

48.

Or, if interest be calculated and included in the judgment, as it should be if any be due, then, with interest on the sum of twenty-two pounds ten shillings (the original debt) till paid.

By Confession.

State of North-Carolina, Wake County.

At the house, &c. [as above]

The aforesaid C. D. appearing before me, doth acknowledge the plaintiff's demand, in manner and form as he hath complained against him in and by the said warrant. Therefore it is considered that the said A. B. do recover against the said C. D. his said debt of pounds, also pounds for his interest accrued upon the said debt, with costs of suit.

If the Defendant does not appear:

State of North-Carolina, Wake County.

At the house, &c. [as above.]

A. B. v. C. D.

The aforesaid plaintiff appeared before me, one of the justices of the peace of the said county, and the said C. D. although solemnly called,

L