doth not come nor say any thing in bar of the said complaint; and the said A. B. having sufficiently proven before me the said debt and amount thereof. Therefore it is considered, &c. [as first above.] Judgment for the Defendant. State of North-Carolina, Wake County. At the house, &c. [as above, till you come to these words, "therefore," &c. Therefore, it is considered that the aforesaid A. B. take nothing by his warrant aforesaid, and that the aforesaid C. D. go thereof without day; and also that the aforesaid C. D. do recover against the said A. B. the sum of for his costs and charges, by him about his defence in this behalf sustained; and that execution issue upon the same. If the Plaintiff does not appear: State of North Carolina, Wake County. At the house, &c. A. B. v. C. D. The aforesaid defendant appearing before me, one of the justices of the peace of and in the said county, pursuant to a warrant issued against him at the instance of the said A. B dated the day of last past, at the prayer of the said defendant, the said A. B. was solemnly called and did not appear, but made default. Therefore, it is considered, that the said A. B. do take nothing by his warrant aforesaid, and that the said C. D. the defendant, go thereof without day; and that the said C. D. do recover against the said A. B. his costs by him expended and in curred in defence of the said arrest, which costs do amount to pounds, &c. If the party appeal, the justice should add- From which judgment the defendant [or plaintiff] appeals, and gives L. M. and N O. for sureties, who hereby acknowledge themselves to be such. This acknowledgment should be signed by the sureties and attested by the justice. If a stay of execution be granted, the entry should be thus On which judgment, the defendant prays the stay of execution for days, according to law, he giving L. M. and N. O. sureties for the same, who hereby acknowledge themselves to be such. This is to be signed and attested as in the case of appeal. Execution against the Property. State of North Carolina, Wake County. To the Sheriff, Constable, or other lawful Officer, of and within These are to command you that of the goods and chattels of E. F. if to be found within the said county, you cause to be made the sum of pounds, which A. B lately recovered against him, before C. D. one of the justices of the peace for the said county, at the house of in the said county, on the day of last past, for his debt and costs by him incurred about his warrant in this behalf; and do you render the said monies to the said A. B. for his debt and costs aforesaid; and if there are not goods and chattels of the said E. F within the said county, enough to satisfy the debt and costs, then, for the deficiency, do you attach and levy upon the lands and tenements of the said E. F. within the said county, for the said deficiency; and make return to me of this precept, thereon certifying what monies you shall have made of the said goods and chattels, and what lands and tenements you shall have levied on as aforesaid, where the same are situated, on what water course, and whose lands the same do adjoin, on or before the fail not. Given under my hand and seal, the our Lord day of Herein day of in the year of G. F....j. p. (seal.) Execution against the Body. State of North-Carolina, Wake County. To the Sheriff or any Constable of said County, or other lawful Officer. These are to command you to take C. D. of in the said county (if to be found in your county) and him safely keep, so that you have his body before me, D E. one of the justices of the said county, at the day of next, to satisfy A. B. the sum of in the said county, before on which the one of the said A. B. lately at justices of the said county, hath recovered against him; and also the sum of which to the said A. B. before the same justice, were then and there adjudged for his costs in that warrant expended and incurred; and have you then and there this writ. Witness the said D. E. the day in the year of our Lord D. E.....(seal.) Execution for the Defendant. To satisfy D. E. in the said county, before pounds, which to the said D. E. lately at the house of one of the justices of the said county, were adjudged for his costs about his defence in a certain warrant issued at the instance of the said A. B. expended and iucurred; and have you, &c. &c. Notice against the Bail. State of North-Carolina, Wake County. To the Sheriff or any Constable of said county, or other Whereas, A. B. lately at the house of in the county of Wake, day of one on the day of in the year of our Lord , before of the justices of the peace of and in the said county, recovered against C. D. pounds debt, and costs, by him about his warrant in that behalf expended and incurred. And although judgment thereof is given, yet execution for the debt and costs aforesaid, remains to be executed. And whereas A. A. late of the said county, planter, and A. E. late of the said county, planter, on the in the year of our Lord became surety and special bail for the said C. D. in and by a bond for that purpose duly executed and delivered to , one of the constables of the said county, upon the execution of the said warrant aforesaid; and the said C. D. hath not paid the said debt and costs, nor hath he rendered himself to prison for the saine, nor hath been surrendered by his said bail for that purpose. These are therefore to command you to give notice to the said A. A. and A. E. to be before me, one of the justices of the peace of the said county, at the house of in the said county, on the day of next, to show if they have or can say any thing why the said A. B. ought not to have his execution against them for the debt and costs aforesaid. Lord Given under my hand and seal, the day of in the year of our and A. B. the plaintiff named in the said scire facias, appearing before me, prayed execution against the said A. A. and A. E. for the said debt * of costs, according to the form of the bond in the said notice mentioned; and the said A. A. and A. E. also appearing before me, and alleging, &c. [here specify what they say] and the allegations aforesaid, and also the evidences and witnesses of the said parties relating thereto, being here before me and fully understood. Therefore it is considered that the said A. B. have execution against the said A. A. and A E. for the debt and costs aforesaid. DEEDS--See Grants and Deeds. DEER-See Hunting• 85 When any person who may be a witness in any cause in a superior or county court shall reside out of this state, or shall, by reason of age, bodily infirmity, or any other cause, be incapable of attending to give his testimony in court, oath thereof being made, or the truth of the matter otherwise appearing, the judge or judges of the court wherein such suit is depending, shall and may by commission empower such and so many persons as may be thought necessary to take the deposition of such witness; which being duly taken and returned as hereinafter is directed, shall be received as legal evidence. If any person who may be a witness in any cause depending in any of the said courts, shall be under the necessity of leaving this state before such cause is to be tried, or even before the same is at issue, or shall be in a dangerous state of health, upon oath thereof made before any justice of the peace of the said court, such justice may order the clerk of the court where such cause is pending, to issue a commission to one or more persons, to take the deposition of such witness; the following notice being first given to the adverse party, of the time and place when and where such deposition is to be taken: - to wit, in all cases where he, she, or they do not reside or is or are not more than ten miles distant, three days; in all other cases, one day more for every additional ten miles which the said party or parties may be distant from the place of taking the same. Commissions to take testimony may issue from any court of equity in the state, directed to any two justices of the peace, who shall have all the powers of commissioners of chancery. Provided that no such testimony shall be taken until at least twenty days' notice of time and place be given to the opposite party, unless the court for sufficient reasons should appoint any other limited time for the notice. Any two justices of the peace may take depositions to be read as evidence in the trial of suits by petition, in the same manner and under the same rules and regulations as depositions are taken to be read on the trial of suits in equity. The deposition of any person who is an inhabitant of another county or state, other than that in which any suit may be depending on a warrant before a justice of the peace, shall be admitted on trial of such warrant to be read as evidence. Provided that the party taking the same be governed by the same rules, regulations, and restrictions as are used in taking depositions in other cases in the courts of law within this state, so far as respects time and notice; and such depositions may be taken by one justice of the peace, when the adverse party may attend and cross-examine. 2 As to the manner of taking depositions, let the following regulations serve as a general guide: When a commission is delivered to those appointed in it, they, or he if but one, should issue a subpoena, directed to the sheriff or constable commanding him to summon the witness or witnesses named in the commission, to attend at the day and place mentioned in the notice, to give evidence between the parties named in the commission. If the witness refuses to be sworn, the commissioners or commissioner may commit him to the common jail, there to remain until he shall be willing to give testimony in such manner as the law directs. If the witness appears, then require the party in whose behalf the deposition is to be taken, to produce a copy of the notice served on the adverse party; and also the rule or order made in the court for taking such deposition; and if it appear such notice has been served the length of time mentioned in such order, and that the notice has specified the day and place then present for taking the same: Then, if both parties be present, or their agents, proceed to take the deposition; or if only one be present, then wait till the latter part of the day, if only the day be specified in the notice; but if the notice specify certain hours of that day, then wait as late as you can, so as to give yourself time enough to take the deposition; and then proceed to take it, If both parties are present, specify the same in the caption of the deposition thus: Pursuant to the annexed commission to us [or to me] directed, at the house of such a man, in such a county, and on such a day, [or between such and such hours of such a day,] both parties being present, namely, such a one and such a one, [or such a one agent or attorney for such a one,] I [or we] proceeded to take the following deposition of A. B. being of such an age, who having been first sworn upon the Holy Evangelists, for with an uplifted hand,] or having first affirmed in due form of law to depose the truth, the whole truth, and nothing but the truth, between the said parties famed in the commission, deposeth and saith as follows,to wit, [as the witness swears.] Here put down every thing material the witness says; and after he is done, then call upon the adverse party to crossexamine him; and put down the material questions he asks, and the material answers of the witness, until you have gone |