through. Then put down the material questions asked by the other party, and the answers in like manner. Then read the whole over to the witness distinctly, and let him correct himself where you have mistaken his meaning; and after you have gone through all the corrections, then read it over to him again. Then say-

Sworn before us [or me] on the time and at the place above specified.

Then sign your name on the left hand side of the page, immediately after and under the last clause above mentioned. And let the witness sign his name also, on the right hand side of the page. If he cannot write, let him make his mark.

Then if the witness who gave the notice, of taking the deposition be present, and that notice were in writing, copy the notice word for word immediately after the deposition, and swear the witness thereto thus:

A. B. maketh oath, that he did on the our Lord deliver to Sworn before me, the

in the year

day of in the year of a true copy of the foregoing notice. B. C.

day of

Or, if there were no written, but only a verbal notice, then

If, however, neither the notice nor witness who gave it is present, and the commission be satisfied, that that is the day and place appointed by the notice, or by consent of the parties, he ought to proceed and take the deposition.

When all is done, then seal up the deposition and other affidavits, with the commission thereto annexed, and direct the same to the court from whence the commission issued.

Regularly when thus sealed up, it should be delivered to the party for whom taken; but if there is any cause to suspect he will not deliver it into court, then a copy of the whole should be made, and be signed and attested as above directed in all particulars, and delivered to the other party

also.

Or the commissioner may deliver it with his own hands into the court, and then no copy need be made out.

Form for taking Depositions, under the Act of Congress,

to be read in the Federal Courts.

State of North-Carolina, Wake County.

The deposition of A. B. of lawful age, taken at the instance of the plaintiff, by me, C. D. one of the judges of the county court of pleas and quarter sessions for the county of Wake aforesaid, to be read in evidence on the trial of a suit or matter of controversy now depending and at issue in the circuit court of the United States for the third circuit, in the district of Pennsylvania, wherein John Doe is.plaintiff and Richard Roe defendant. The said A. B. on this day of in the year of our Lord at the dwelling house [or tavern, &c.] of in the county of Wake, and state of North-Carolina aforesaid, between the hours of in the morning and in the afternoon, being by me carefully examined and cautioned, and sworn to testify the whole truth in the coutroversy aforesaid, deposeth and saith-[Here insert what the deponent declares, and then conclude.] And further this deponent saith not.

Taken as aforesaid, before me, and subscribed by the deponent, after it was reduced to writing, I which was done by me [or by the said deponent in my presence, as the case may be] at the time and place first above said.

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

One of the judges of the county court of pleas and
quarter sessions for the county of Wake aforesaid.

A. B.

The magistrate will then insert the following certificate:

This may certify that the foregoing deposition of A. B. was taken as aforesaid, before me, C. D. one of the judges of the county court of pleas and quarter sessions for the county of Wake aforesaid (not being of counsel or attorney to either of the said parties, or interested in the event of the said cause) at the time and place therein mentioned, and was subscribed by the said deponent A. B. after the same was reduced to writing, which was done by me [or by the said deponent in my presence, as the case may be.] That the said deposition was taken for the following reasons; to wit,-That the said deponent lives in the county of Wake, and state of North-Carolina aforesaid, at a greater distance from Philadelphia, the place of trial of the said suit, than one hundred miles; and that no notice was given to or served on the adverse party, Richard Roe, or his attorney, because neither of them was or is within one hundred miles of the place of caption aforesaid.

Given under my hand and seal, at-[name the same place where the deposition is taken] in the county of Wake, and state of North-Carolina aforesaid, the in the year of our Lord

day of

C. D.....(seal.

One of the judges of the county court of pleas and quarter sessions for Wake aforesaid.

DRUNKENNESS-See Vice and Immorality.

DUE-BILLS.

By act of 1809, c. 12, any person or persons, or body corporate, who shall, in future, make or issue any promissory notes, commonly called due-bills, for a less sum than ten shillings, intended to pass current as a representative of, or substitute for money, shall be liable to an action, in the name of the bearer, for recovery thereof, in any of the courts of this state, which courts shall have cognizance of the same, and who may render judgment against such person or corporation. To maintain which action, it shall not be necessary for the plaintiff to prove that such note or due-bill was ever presented, or payment demanded; any words in said note or due-bill to the contrary notwithstanding.

No person shall offer, in payment of any debt, or in exchange of any money or other thing, any such note or due-bill, which is already issued, or may hereafter issue, unless to the person or corporation having issued the same, under the penalty of five pounds for each offence,, to be recovered before any justice of the peace, to the use of the person suing for the same. Provided that nothing in this act shall affect the bills or notes already issued for the benefit of any seminary of learning.

The statute of limitation shall not run, nor be pleaded in bar of the recovery of such note or due-bill already issued as aforesaid, or which may be issued.

But by act of 1814, c. 6, the treasurer of the state is authorised and directed to issue treasury notes to the amount of $82,000, of the following denominations, to wit, five cents, ten cents, twenty cents, twenty-five cents, thirty cents, forty cents, and fifty cents; which notes are made receivable for taxes and debts due to the state.

DUELLING.

No person sending, accepting, or being the bearer of a challenge for the purpose of fighting a duel, though no death ensues, shall ever after be eligible to any office of trust, honour, or profit in this state, any pardon or reprieve notwithstanding; and shall further be liable to be indicted, and, on conviction before any of the courts in this state having cognizance, shall forfeit and pay a sum not exceeding 100% to the use of

the state.

M

If any person fights a duel in consequence of a challenge sent or received, and either of the parties should be killed, then the survivor, on conviction thereof, shall suffer death without benefit of clergy; and all their aiders or abettors shall be considered accessories before the fact, and likewise suffer death without benefit of clergy.-Acts 1802, c. 5.

ELECTIONS.

The county court, at the term next preceding the day of election for members of assembly, in every year, shall appoint two inspectors to superintend the election; or on failure to make such appointment, or in case any person appointed shall refuse to act, the sheriff with the advice of three justices, or three freeholders, where no justices are present, before the beginning of the election, shall appoint them.

Where there is no sheriff or coroner to take the poll at the annual or any other election, three justices of the peace may appoint some reputable freeholder to hold the election, with the same powers, directions, and restrictions as sheriffs are invested with and subject to. And the election so held, shall be as valid as if held by the sheriff or coroner.

All inspectors appointed to superintend any election of members of the general assembly shall, before they enter upon the duties of said appointment, take an oath or affirmation, to be administered by the sheriff, or in case of his absence, by some justice of the peace, to conduct the election which they are appointed to superintend, fairly and impartially, according to the constitution and laws of the state. And the de

puty sheriffs holding such elections, shall take the said oaths or afirmations.

It shall not be lawful to call or direct any regimental, bat talion, or company muster, or to assemble armed men on the day of any election, at any place appointed by law to hold elections for members of congress or members of the general assembly within this state, under the penalty of 500l.

Any member of assembly elected, who shall fail to attend at any session of the general assembly which he ought to attend, shall forfeit twenty-five pounds, to be recovered in the county court of the county for which he was elected, at the suit of the governor for the time being, on a certificate of such failure issued by the speaker of the house in which such delinquency happened, unless sufficient excuse be offered and proved on oath by such member at the next succeeding assembly.

Any person who shall by force and violence break up any election, by assaulting the officers thereof, or depriving them of the ballot boxes, shall be deemed guilty of a misdemeanor; and upon conviction, shall be imprisoned three months, and until he pay such fine as the court may assess, not exceeding fifty pounds, and all costs and charges.

Any person intending to dispute the election of another, shall give the member whose election he intends to dispute, thirty days' notice thereof previous to the meeting of the general assembly, with the ground on which the same will be disputed and the same notice of time and place required in taking depositions at law shall be required and proven on such investigation.

f

Any person failing to attend and give testimony in such case, after being legally summoned by a lawful officer, under a subpœna issued by a justice of the peace or other person authorised to take depositions, shall forfeit and pay to the party grieved, the sum of twenty pounds. But such witness shall not be compelled to discover the person for whom he voted, or his own disqualifications as an elector. And he is entitled to receive from the person at whose instance he was summoned, the sum of six pence for every mile travelling to and from the place of caption, and his ferriages, to be recovered before a justice of the peace.

See Arrest, Justices of the Peace.

ENTRIES.

When the entry-taker shall certify to the county court a disputed claim, in manner as by this act directed, the said court shall order the sheriff to summon a jury of good and lawful men, unconnected by affinity or consanguinity with the contending parties, who shall be above all exceptions, and having given the parties ten days' previous notice, shall go with the said jury on the premises, and the jury being sworn to do equal right between the parties, to cause witnesses on both sides to be examined, and the allegations of the parties to be made before such jury, and to receive the verdict of the said jury, and return the same, together with the pannel, to the next county court. And at the said court if it shall appear that the jury have found generally for any of the parties, then the court shall order an authentic copy of the verdict to be delivered to the party for whom the same shall be found,