FIERI FACIAS.

(Form of.)

State of North-Carolina, Wake County.

To the Sheriff of

County, Greeting:

We command you, that of the goods and chattels, lands and tenements of (in your bailiwick) you cause to be made which lately in our county court of pleas and quarter sessions, at , recovered against as well for damages, by reason of the non-performance, of certain promises by the said before that time made, as for costs and charges in in that behalf expended, whereof the said is convicted and liable, as to us appears of record; and have the said monies before the said court, at aforesaid, on the day of next, to render to the said his

suit,

damages, costs and charges aforesaid. And have you then and there this writ. Witness Clerk of said court, at the in the year of

our Lord

Forcible Entry and Detainer, see Ante 128.

day of

GUARDIANS.

Form of a Guardian Bond.

'State of North-Carolina.

all of

county, in the State

Justices of the court of pleas in the sum of

pounds, cur

Know all men by these presents, that aforesaid, are held and firmly bound unto and quarter-sessions for the county of rent money, to be paid to the said Justices, or the survivor or survivors of them, their executors or administrators, in trust, for the benefit of the child hereafter named, committed to the tuition of the said payment well and truly to be made, we bind ourselves, and each of us, each and every of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated the

in the

year of our Lord

To the which

day of

The condition of the above obligation is such, that whereas the above bounden is constituted and appointed Guardian to a minor orphan; now if the said shall faithfully execute his said Guardianship, by securing and improving all the estate of the said that shall come into his possession, for the benefit of the said until he shall arrive at full age, or be sooner thereto required, and then render a plain and true account of his said Guardianship, on oath, before the justices of our said court, and deliver up, pay to, or possess the said of all such estate or estates, as he ought to be possessed of, or to such other persons as shall be lawfully empowered or authorised to receive the same, and the profits arising therefrom, then this obligation to be void, otherwise to be and remain in full force and virtue.

HOMICIDE.

Form of the Warrant.

State of North-Carolina, Wake County.

To A B, Constable, or some other lawful officer to execute

Whereas B C, of

in the county aforesaid, planter, hath this day made information and complaint upon cath, before me C D, Esquire,

day of

one of the Justices of the Peace for the said county, that D E, late of planter, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the in the year of our Lord at 5 in the county aforesaid, with force and arms, in and upon one E F, in the peace of God and of the said State then and there being, feloniously, wilfully and of his malice aforethought, an assault did make, and that the said D E, with a certain axe made of iron and steel, of the value of ten shillings, which he the said D E, in both his hands then and there had and held, him the said E F, in and upon the head of him the said E F, then and there feloniously, wilfully, and of his malice aforethought, did strike, thrust and penetrate, giving unto the said E F then and there, with the axe as aforesaid, in and upon the head of him the said E F, one mortal wound, of the breadth of one inch and of the depth of three inches, of which said mortal wound he the said E F, at aforesaid, in the county aforesaid, day of in the year aforesaid, until the day of same year, did languish, and languishing did live, on which said

from the

in the

day of in the year aforesaid, the said E F at in the county aforesaid, of the said mortal wound did die: These are therefore to command you to take the body of the said D E, and to bring him before me, or some other Justice of the Peace for the county aforesaid, to answer the complaint in the premises, and to be further dealt with as the law directs. Herein fail not. Given under my hand and seal the

day of

in the year of our Lord C. D........(seal.)

HUNTING BY FIRE-LIGHT.

Form of a Warrant to apprehend one for Hunting by Fire-Light.

State of North-Carolina, Wake County.

To A B, Constable, or any other lawful officer.

day of

F, one of the oath that G H of in the county

Whereas C. D, of bath this day appeared before me, E Justices of the Peace for the county aforesaid, and made this county, planter, did, in the night of the aforesaid, (or he has good reason to believe and doth believe, that, &c. as the case may be,) hunt with a gun by fire-light, contrary to the act of Assem bly in that case made and provided. These are therefore in the name of the State, to require you to apprehend the said G H, and bring him before me, or some other Justice of the Peace for the county aforesaid, to be dealt with as the law directs.

Given under my hand and seal, the

day of

Indentures, See Orphans.

E. F.......(seal.)

LARCENY.

Form of a Warrant.

State of North-Carolina, Wake County.

To E F, one of the Constables of and in said County.

Whereas B C, of

in the county aforesaid, planter, hath this day made information and complaint upon oath, before me C D, Esquire,

in the

one of the Justices of the Peace for the said county, that this present day divers goods of him the said B C, to wit, have feloniously been stolen, taken and carried away from the house of him the said B C, at county aforesaid, and that he hath just cause to suspect, and doth suspect, that IK, late of blacksmith, feloniously did steal, take and carry away the same: These are therefore to command you forthwith to apprehend him the said I K, and to bring him before me, or some other Justice of the Peace for the county aforesaid, to answer unto the said information and complaint, and to be further dealt with according to law. Herein fail not, Given under my hand and seal the day of

in the year of our Lord C. D......(seal.)

LEASE.

Lease of House and Lands for a term of years.

day, &c. between A B, of

of the one

for

, by

This Indenture, made the part, and C D, of of the other part, Witnesseth, that for and in consideration of the rent and covenants hereinafter reserved and contained, on the part and behalf of the said C D, his executors and administrators, to be paid, kept and performed, he the said A B hath demised, granted, and to farm letten, and by these presents doth demise, grant, and to farm let, unto the said C D, all the messuage, or tenement, situate, &c. with all and singular the profits, commodities and appurtenances, to the said messuage or tenement belonging or appertaining To have and to hold the said messuage or tenement, and all and singular the premises, with their, and every of their appurtenances herein before mentioned, or intended to be hereby demised unto the said C D), his executors, administrators and assigns, from and during, and unto the full end and term of years, from thence next ensuing, and fully to be completed and ended: Yielding and paying therefor yearly, and every year, during the said term, unto the said A B, his executors, administrators and assigns, the rent or sum of pounds, on even and equal portions. And if it shall happen the said yearly rent of pounds, or any part thereof, shall be behind and unpaid by the space of days next after any of the said , on which the same ought to be paid as aforesaid, (being lawfully demanded,) that then, and at all times thereafter, it shall and may be lawful to and for the said A B, his executors, administrators and assigns, into the said demised messuage or tenement and premises, or into any part thereof, in the name of the whole to re-enter, and the same to have again, repossess and enjoy, as in his and their former estate, and the said C D, his executors, administrators and assigns, thereout, and from thence to expel and put out; any thing herein contained to the contrary thereof, in any wise, notwithstanding. And the said CD for himself, his executors, administrators and assigns, doth covenant and grant to and with the said A B, his executors, administrators and assigns, by these presents, that he the said C D, his executors, administrators or assigns, shall and will, during the said term hereby demised, well and truly pay, or cause to be paid unto the said A B, his executors, administrators or assigns, the said yearly rent or sum of pounds, on the days and times, and in the manner and form abovementioned, for the payment of the same, according to the reservation thereof as aforesaid, and the true intent and meaning of these presents. And also, that the said C D, his executors, administrators and assigns, or some or one of them, shall and will, at his or their own proper costs

and charges, well and sufficiently repair, uphold, support, maintain, and keep the said messuage, or tenement and premises, with all, and all manner of needful and necessary reparations and amendments whatsoever, when and as often as need or occasion shall be, or require, during the term, (the casualty of fire, or tempest, which may destroy the said messuage or tenement and premises, or any part thereof, only excepted.) And the said messuage or tenement and premises, being so well and sufficiently repaired, upheld, supported, maintained and kept, at the end of the said term, or other sooner determination of this present demise, unto the said A B, his executors, administrators and assigns, shall and will peac ably and quietly leave and yield up, (except as is before excepted.) And the said A B, for himself, his executors, administrators and assigns, doth covenant and grant to and with the said C D, his executors, administrators and assigns, that the said C D, his executors, administrators and assigns, paying the said yearly rent of pounds, above reserved in manner aforesaid, and performing all and every the covenants and agreements herein before contained, which on his or their parts and behalfs are or ought to be paid, done and performed, shall and may peaceably and quietly have, hold, use, occupy, possess and enjoy, the said messuage or tenement, and premises, hereby demised, for and during the term hereby granted, without any lawful let, suit, trouble, or interruption, of or by the said A B, his executors, administrators or assigns, or any of them, or by any other person or persons, lawfully claiming or to claim, by, from or under him, them, or any of them, or by or through his, their, or any of their acts, means, or procurement. In witness, &c.

LETTER OF LICENCE.

Letter of Licence from Creditors to a Debtor.

To all people to whom these presents shall come. We who have hereunto subscribed our names and affixed our seals, creditors of A B, of send greeting. Whereas the said A B, on the day of the date hereof, is indebted to us the several creditors hereunder named, in divers sums of money, which at present he is not able to pay or satisfy, withont respite and time to be given him for the payment thereof: Know ye, therefore, that we the said several creditors, and each and every of us, have given and granted, and by virtue of these our present Letters, do give and grant unto the said A B, full and free liberty, licence, power and authority, to go about, attend follow and negotiate any affairs, business, matters and things whatsoever, to or at any place or places whatsoever, without any let, suit, trouble, arrest, attachment or other impediment to be offered or done unto him the said A B, his wares, goods, monies, or other merchandizes whatsoever, or any of them, or any part of them, by us or by any of us, or by the heirs, executors or administrators, partners or assigns of us or any of us, or by our or any of our means and procurement, to be sought, attempted or procured to be done, for and during next, and immediately ensuing the day of the date hereof. And further, we the said creditors hereunto subscribed, do, and each of us doth covenant and grant, for ourselves, our heirs, executors, administrators and assigns, respectively, and not jointly one for another, nor for the heirs, executors, administrators or assigns of one another, to and with the said A B, that we, or each or any of us, our heirs, executors, administrators and assigns, or any of them, shall not, nor will, during the time aforesaid, sue, arrest, attach, or prosecute the said A B, for or upon account of our respective

debts, or any part thereof, or of any of them; and that if any hurt, trouble, wrong, damage or hindrance, be done unto the said A B, either in body, goods or chattels, or any of them, within the aforesaid term of next ensuing the date hereof, by us, or any of us the said creditors, or by any person or persons, or by or through the procurement, consent or knowledge of us, or any of us, contrary to the true intent and meaning of these presents, that then the said A B, by virtue hereof, shall be discharged and acquitted for ever, against such of us the said creditors, his and their heirs, executors, administrators or assigns, by whom and by whose will, means or procurement he shall be arrested, attached, imprisoned, grieved or damnified, of all manner of actions, suits, quarrels, dues, debts, charges, sum or sums of money, claims and demands whatsoever, from the beginning of the world to the day of the date hereof.

MORTGAGE.

Form of a Mortgage of Lands.

day of between A B, of

of the one

This Indenture, made the part, and C D, of of the other part, Witnesseth, that the said A B, for and in consideration of the sum of to him in hand paid by the said CD, the receipt whereof he doth hereby confess and acknowledge, he the said A B hath granted, bargained and sold, and by these presents doth grant bar-> gain and sell, unto the said C D, all that messuage or tenement, and all those lands, &c. situate, lying and being in also, the reversion and reversions, remainder and remainders, rents and services of the said premises, and of every part and parcel thereof, with the appurtenances. To have and to hold the said messuage or tenement, lands and premises above mentioned, and every part and parcel thereof, with the appurtenances, unto the said C D, his executors, administrators and assigns, for and during the term of years next and immediately ensuing and following, and fully to be completed and ended. Yielding and paying therefor yearly, during the said term, one pepper corn, in and upon if demanded: Provided always, and upon condition, that if the said A B, his heirs or assigns, do or shall well and truly pay, or cause to be paid unto the said C D, his executors, administrators or assigns, the full sum of in and upon the next coming, or which will be in the year without any deduction or abatement whatsoever, either ordinary or extraordinary, then and from thenceforth, these presents, and every thing herein contained, shall cease, determine and be void, any thing herein contained to the contrary nntwithstanding. And the said A B, for himself, his heirs, and assigns, doth covenant and grant to and with the said D, his executors, administrators and assigns, that he the said A B, his heirs or assigns, shall and will well and truly pay, or cause to be paid, unto the said CD, his executors, administrators or assigns, the said full sum of upon the said without any deduction as aforesaid, according to the true intent and meaning of these presents. And also that he the said C D, his executors, administrators ard assigns, shall and may at all times, after default shall be made in performance of the proviso or condition herein contained, peaceably and quietly enter into, have, hold, occupy, possess and enjoy all and singular the said messuage or tenement, lands and premises above mentioned, and every part and parcel thereof, with the appurtenances, for and during the residue and remainder of the said term of

day of

in and

years,