North Carolina Newspapers

H AIiIHiH 29, 1037 VOL 2XVUI. -NO 24 let 0 , . n LTS OF -NORTH -CAROLINA. - paswd at the Session f 1836'37. . - - . ; No. LXVH. An Act concerning Court of Equity, i tr iudicc oil f rnUsmners c' of taking su ..t, ,.'...... . : .j I w P.immsSSIons l h.-'uiiuiij limy issue uirrcicu in ny I tne peace, who bush nave hi me powers oi corn chancery; and the rules of proceedings in all ca- ma nl taKITl!! anvil vu"'t ... wvvwiiuiiuiwib iv iiic tHciti- r" .. L.f 1 If '.I . r d of proceeding nereioiore ooserveu in me courts 01 cnancery ;n . tliirfitate. provided no puch testomony shall be taken until "7ns3rrt-Hwajlay notice of the time ndplaejttJAliagih4 ame be given to tne opposite party, unless me court lor sum ti.nt reasons, should app dnt any other limited time for the notice, which they may 1" in all cases, either by enlarging or shortening the time hereby appointed for taking Buch testimo ny, as (h cae may require, Commissiona may also issue to any justice or justices.ofj the peace t. take tlie plea, answer, or demurer of a defendant, ,i ccu4tonieditt cast's in chancery with respect to commis sfojers of chancery j and the said justice or justices shallliave all tire power ot such commissioners tor that purpose. Any one Judge of Ore court.or Judge of the Supreme Court, tiny in the vacation, if it shall be necessary, grant such com nrisons at are ab:ve mentioned, or may himself examine tes timony, or take thVplea, answer, or demujrerpXtfxB .defclidAnV laid suit, appear in said court and petition to be heard with res termine the cause; provided, that when the sheriff, constable pect to ine matter or tech decree; and suih proceedings, depr other officer shall have committed any defendant to jail tree and execution tmr. be had thereon thei miSr have 'fnmaaid. it Vli ! iKj .tut r n-i :...,.. i; been in case the jMwetdingt hft brew then : r r.. j . . . . . . - .!.,. - ... . . ii nu ivrmcr uti.ct r irucrcuii gi mu ocrn io tne same rausr. snau appoint a uay lor the trial, and nutice t the time of such pendin in any each court, on sulucient cause shewn by aflidirif, reodnirg sucn a removal necessary lor tne purposes or justice, to order the saiL-cause, before a hearing, to be removed into the Su preme Court: Provided, that such removal shall not be per sttH Hit to the, control und further order f Hie t court ;anttr' ni ne exeat shill issue where sufficient bail li:u been taken for li nartv'a annenrance. It srailhitle'duty'oriKe sanTcodrt fooTrecf tKeTniif olj such issues as to the court may appear necessary, according to the rules and practice in chancery in such cases. Uosts shall be paid r either party, at the discretion of the court. The court mir, at anytime during the dependence f the suit, re nu're furthM-security from a defendant, or, on failure thereof, make use nf such personal process as was formally used by the court of chancery held it this State, and deemed incident to the-- chanter r -jurisdiction and the court shall, in a 14 cases, have, power to order such process, to enforce their sentences i ami decrets, as have usually belonged to courts of chancery. Skc. 5. It shall be the duty of the several sheriffs in this State to serve all notices, issuing from clerks and masters in rquityio parties con and lor neglect or lailure to do toe saraerwey siiaii oe subject To the ssfme pcriattTesl in serving other process issuing to them SEoTna alt cases 1ierc llecreesshatl be made in any suit id rq'ii'y, for any sum or sums of money, it shall and mj be lawful farTxerutinn to isue thereon sc$t the defendant' body, or against hit goods and chattels, lands and tenements; fp satikfy such decree and costs, in the same manner as execution mry r shall Issue at law; and lands and lenemenrs, good and Chattels shall be bund by-uch Tdccree andierlBtion, in ihe same manner as lands and tenements, goods and chattels are by judgments and executions at law." : r Sec 7 ; Whenever any suit shall be brought in any of said - --.-' in rouiiv. in which seruritf shall be aiven Tor the prose cution fhmot. ana a uecree sna'ii be cnte4 T plaintiff fc the costs of the delenuaoi n ....icnoants, it shall be the duty of the court, -upti -fnMttn- of the ttefn4inValo to make a decree for said costs against the secuiiiy fr the prose cu'ion; whereupon execution shall issue jointly against said plain tiffj od sec arliUivl-i; Tc.-,rrr 1 ? , , i '.. Sec. 8 Where the defendant or defendants in any cae nowde pending r hereafter to depfvd.-in-any fthe Courts of l Equity within this State, ahall die aflfr the service f a copyo! the co nplatnint's bill and subpoena, it Khali and my be lafuk on tugsiinnr the death of such defendant or df tendinis, to is ue a tdre facia ajainst the lejil representatives of, such de ceis d person or persons, in the same manner, and under Ihe sime"1utes7"rf gal ationsand restrietion; as are oed in suits at common lw; and service of much writ, on the I'sl represents' tivet. shall be as alTeclual and valid to revive and tarry on such suit, as if a bill of revivor had been filed against them, and they served with a copy thereof. - Skc, 9. Whenever a party cqmpTainintjriiny iuit jn qoi ty, shall !u alter Tiling the bin, it sliail and iny be lawlul lor -the ieai representatives. el such deceaed!person to carry on .such suit, provided application to that tftect be made by such or before the second term alter the decease of such party, and not thereaiter. ' i . Sc.; 10, " No bill, anwer, or other paper or proceedinjr in any suit in any court of Lquiiy in this StaltMOterlocotory de rtecrees excepted) shall be enroled ant'd the -cause is finally becree'd on. and then only upon motion by t"pirty to take denefit by such decree; and the court shall have power, and are erbvireeteiJMo ajodft.adueto and may 4e-elled 4onsuit on moiion-as-aforeaid. Sbo. 11. No injunction commandinr the stay ofan exera tionontainida4.AnyjouxlJiLlbuJslAff act'cin of deli- shall be granted by the Judges or any of them for any biVr or greater sum than what the complainant or rdm pUinant shall, on oath, declare to he just, and not until such complainant or complainants shall Inter into bond, with suffi- 1 cient security, before the. matter of the court of equity uhe'nre ' Vhe injunction is ue. for the payment info court of the turn tcompiaineu oi, anil an com upun uie uitsuiuuun ui me junction-:.i.--i;','.-A ;"-";' :'- ;;;'.-" fr,f'- j I Seo 1 2 No Hijunction to stay an execution shall Usue but within fuur months after the judgment at law is obtained, nr.- ten it shall appear, from the oath of ihe compKinant or com plainants, to the Judge before whom application i made lr an injunction, that such application has been delayed in rone- 'nu,nr lhl TriUlt Or fjU nrO'nia nf ila ntsinl'ilf ' law" or unless it shall appear, on oath, lhat the said complainant or complainants was or were out of the State at the time of enter ing up judgment, so that application could pot be made within theitmfoTessidT'"", ' ' ' "T" . -.- See. 13 In all cases where bnds are fciven on ohtaininj an injunction, upon the dissolving i-f the injunction, said boid hall be proceeded on in the same manner, and underlhe same -ules, reuliti tn and restrictions that bondgiven upon appeals rom the county to the Superior Courts are proceeded on. I Sec. 14. N injunction, bill or other process in equity, re iquiring a s'ay of any execution obtained against a citizen or icitizrot, on the pirt of the State, shall be eranted bv the Jode thereof, or anv of thm, until the complainant or complainants ahall first produe? a receipt from the public Treasurer, or other public officer; ihewing tha acluil piyment and dicla'g in fall of all such part of the judgment ob'amcd,' authorised to give the same as aforesaid, as he or they, by their bill of co npltiot, shall not. On oath, declare ia unjost. 1 oeo. I J. lar any of- the Courts of Equity,. wVre soy ol toe patties defendant is an Infant or person non tompot. and reide put f this State, having to fuardian rrsidipg within the Stale, t ht be lawful for the said courts to appoint a euardian to foch infan or person non compos to defend his or her tntrr-l m the so'a to which he or ah mi v be defendant! ' Ptov'ulrd n rrlhtle$$, that the said infant or penon non compos, may,' at V tiwe within three yean after tha decree ahall be mad io as ate seedtngt haVbee it then iiewtf begu n; nras r proCeedii rs had been io the same cause, 'shall anDoint a dav for the trial, and mitir fth tim r i Sr.c, 16. In any case which now is, or hereafter mav be.' trial shall bo riven and served nn the'ntaintifrhv th nlliw wU voartf Equity it shall and-wiay. bo lawful Wfgrved the rry-. Seo. 9. All bail taken according to the' directions of this act, shall be liable to the recovery of the plalntiHV but the piainin. auer nnai juument, snaii.not tafce out execution aminst the bail until an execution no-ainat lU twi.1. i i .1. milled until such cause shall have ben set down for hearings fendant ba first returned by the aherin", constable or other ofR- nor snaii any paro. evioence oe receivea in tne isuprcme Uour', Cer, that tha defendant is not round in bis county, and not on either before the Judges thereof or the jury hom ihey n. ay til a notice, in writing, Usa d against the bail by the justice caase be pannclled for the trial. of Jiiyiutaf fjcliWAaaan itt t)tg Pr..r. iiwstrtr4iwth.inTn, eepTWnesscs to prove exhibits on other documents. made known to the bail; aod after the return of such execution 'Sec. IT. No bill of review or a petition for a re heari 12 ! Tains.' (hi nrinrirvii nnil nnfto utrAifiat llia ail Avwpur'.nn mat shall lie or be allowed upon a final decree, in any of the Courts against the principal and bail. Miny of them, or any ol ""i-".' v, ........ i hi ti ancr -vni meir estates, unless the toaii unaii make it appear that the prin- decree shalllhate been msde. and not after; saving neveriheles,i c;paj isdead, or that the judgment lias been satisfied; nr un- r,K'" ui iini. c corcrw inu person wr. cvmpoi mm- jess tne oail shall surrender the princinat at or before the re- turn ot sucn notice to tno omcer who scrvod the notice; in which latter case the jttstire shall mm mir Ihe niincipnt to" Ihe jn oi nis county, until ue snan saiisij tnp jmigmcnT and rosti fit, so that they avail themelves ot the benefit nf the writ of error or bill ol review within three years alter their disabilities shall have been removed. Ralified 4th January, 183r. . LfictitfrD -Statute! ' ' ... no. Lxrx. 'SnA'cFtJoncertn'n lie it tnadei lu the General AisimWu of the Stn!e of North Carolina, and it it hereby enacted by the authority of iiMme.TtaAkeverxiirmnra before entering upon and executing; the said f fiice, sha'l, wuhin (we've month thereafter, and not after that time, unless re ap pointed. puSliclj," in the Court IIoue of his county on. a court day, take the oaths appointed, or which shall be appointed, by the General assembly for the qualification of public officers, and also ai oith of oliii-e. And it any person shall presume to i xerute the office of a justice of the peace, without first qualifying himelf in te manner by this act required, lie shall, for every such o lien re forfeitaml pay the sum of two hundred dollars, one ha'f thereof to ihe county, the other nail to the perionfurng Tortnesamf-to be recovered with cost, by action or deb', in any court of record within this State, where the same is cognizable. . o , .. kt i ..... : Lr . i &. - it i .l. meeF e Shrrift-rWrCeir Jul J.'7...,Vf.yHiUJt a.l.t3.;s-iM a; wi tit-, t noiii j , oiiuii vuir nr sit on' the bench at toe election 01 such onicer. ,; And if any Seo. 10. Such bait shall, at any time before linn! iitdrment had against him, have fujl power and authority to arrest the body of hi?'ptr5ncipal and secure him, until he shall have an opportunity of snrreodering him in discharge of himself to the officer who made the arrest or crved the notice t and surh ofTi- eer4a hereby tjtttret 0 ffWTe'aeh'ij'fpE Wwlwa.itnt Sko. 1 1.' Whea any judgment is civen by a sinsleTntcis trate, it shall Ui ia-his power or that of any other jusflce of me peace, 10 awarw cxecuftotv against tne goons ami chattels, land and4nws shall be executed and rMui ned by the sheriff", constable or other lawful officer to whom the same miy be. directed , in the same manner as other writs of fieri fachtn, or capiat a I nli facien dum, are to be executed and returned: Provided altrau. th.it where a judgment shall bo given by a justice of the peace as aloresa.d, execution thereon shall be stayed in the following manner, viz: For all sums not exceeding four dollars, twenty days; for all sums above four dollars, and not exceeding ten I dollars, sixty days; tor all sums above ten dollars, and not axceeuing twenty uouars, one nunureu and twenty days; and for all sums abov twenty dollars,, six months. .; And for the true ami faitfiful payment thereof, with interest and costs, the l5?5?-tr?2,SSaf Ba a 2 5 x a s g. 2. I 2. o e c Z -S J- .-. . . l.ta 'I s 5 s 1 1 3 5-3 lle.r rS-5 2 2 5 5 2 2-? I a' 3 c w 3 . a, lr S 5 1 55 S li S3 a .... . , n f. 31 3 m'l ? ( ,s.Q.a a 5jr3-?S sss 8 4;- v.. .9 p .. I"..-,. , 2.-"- at ,B-iij f- - - I, ts 2-..-. sT-or w justice of the piace shall sit on. Ihe bench or vote in such election hts -vote salt not be counter), and lie shall lorleit and pay, Toi every such offence, the mm of one hundred dollars, to b rcco vered by action nf debt, one half fb the peron , suing for the same, and ihe other halt to the use of tiyejfounly ' Sec. 3. When any justice of the peace hi th or shall remove himself out. of. the fiountt for which he is or shall be appntq red, and shall not return within twelve months to reside, therein, his appointment shall be void: And it shall not be lawful for such justice to act as a justice of (he peace unless re-appoint ed by the General Assembly, under u penalty of one hundred doltars fof every such illegal act, to be recovered by action of MOlTiIini7oMnt7J.of tilo5ount3r olUer ? o Sro-4 - AH justices of the peace shall, within their respec tive counties, have full power and authority to maintain, keep and preserve the peace, solemnize the rites of matrimony, and i9se necessary: other contracts coming within their jurisdiction. . f" , , , , SEur 5r-No tustrcror ttirwace nti practise is an attor ney in the Courts of Pleat and Quarter Sessionsfkejcouhty for which he is such justice i nor shall he be appointed, of act as clerk or deputy thereof, or as sheriff or deputy sheriff, con stable or county trustee, or jailor, within his county. T And if any justice shall accept any ot such appointments, he thai thereby vacate hia office flisuuh, justice,vAnd if he shall, after the acceptance of any such appointment, act as a justice, with out a re-appointment by the .General Assembly, he shall, for every such act, forfeit and pay the sum of one hundred dollars. to be recovered in any court naving cognizance mereoi, tn we name of the wardens ot the poor 01 such county, to De ly tuera applied to the use ot the poor, , , : ' ' Sec. 6. All debts and demands due on. bonds, note's and liautdated accounts, when said accounts shall be stated in wri ting, and aigned by the party from whom the same shall be due, when the principal does not exceed one hundred dollars, although the principal and interest together may exceed that sum; and alt debts and demands of sixty dollars and under, for a bal an ce, d ue on any special cont rar t, note or a sreemcnt, or for .goods, wares and merchandise, sold and delivered, or for work 'or labor done, or for specific articles, ' whether due by obligation, note or assumpsit, or for any judgment which may nav beea graftted lion nave issueu mereon wuiun iweic mniitiiB, nr lor inj ior- feitufes or penalty incurred by any -act of the General Assent bly, shall be cognizable and etenniBable bf any one justice of the peace out or court. , : .. , j ., Stc. 7. All warrants issued br a justice of the peace, shall . . ... 1 r . " ji r 1 1 .11. be made returnaoie on or oetorc iniriy uays irotn . ine oate thercot, Sundays excepted, anu not aner; ami wnen issuea a- gainst any person, executors and administrators, female debt ors excepted, shall rommand the aheriflT, constable or other of ficer to take the body of the person therein irentioned as defen dant, if to be found in his county, to answer the complaint of the plaintiff in such warrant, before some justice or his county; and: such officer, when required by the plaintiff, shall take bond,' with sufficient security, of the party arrested, in double the sum for which such person shall be held in arrest, (which sum and how due shall be expressed in the warrant. J condi- tioned for his appearance at a certain time and place therein to DO Bpe.cuieu, oeiore some justice 01 toe couniy wncre inc warrant issued; which bond shall be assigned by such officer to the plaintiff, and returned with the warrant, and shall be fileil by trte-justke that-shall-try the-warraiit-with-the other papers in the suit; and in case tlie sheriff, constable or other officer shall fail or neglect to take such bond, with security as aforesaid, he shall be held and deemed special bail, and the plaintiff may proceed to judgment against him according to the rules hereinafter prescribed. , - . ' . Sec. 8. AVhen any sheriff, constable or other'officer shall serve a warrant on any person or persons, who shall tefase to give bond and security for his or iter appearance as aforesaid, such offirer is hereby required to commit such person or per sons to the jail of his county, in order that he may have such person or 'persona forth coming at the day appointed' for trial; and it shall be the duty of such officer to produce his prisoner at such trial; and all warrants, whether by summons, arrest or attachment, ahall be heard or determined on the day appointed by the officer serving the warrant at aforesaid, vekh day shall be on or before the return day set forth in the warrant, unless the justice shall, fur good reasons, put off the trial to some oth er day at his discretion. And in case the plaintiff shall fail to attend or prosecute his suit on the day appointed as aforesaid, the defendant appearing shall be discharged; and it is hereby declared to be the duty of the officer serving a warrant, to no tify the plaintiff of the time and place appointed to try and de- eat-secuniyi-aod thttckntw!ilirmeftt -f-stteh-eerit entered by, the Justice; and sinned by the oartw shall bet oftV cient to bind him;".atld irtlie judgtnent shall not be Jischare I at the time to which the execution has been stayed, then it shall be lawful forthe justice who has possession of thejjtidrm'-nt. to isue execution' ns aforesaid against the principal and secuiiiy. fKC.; is.."- "lien- any warrant shall be granted on tTorme; j udgiflgnt r on the 1 rial of su c Irwifra afrilie f a iner i u dzTn en f shall be evidence.of the debt; subject to such dedm lions a the derendant may make apwar to liavtt' been paid; andv if fudg ment in such cdsc panses against the defendant, he shall nol be entitled to any. stay on the same, t f 'r;t r vB rrs i Sk?) 1 3. n lrry justice of the peace, before whom a war- 4- ? - rant is nrought for trial, shall1 have lull power and authority, nine or continue for trial the same: Prodded such continuance 2 a r Z 3 XT 5 at c E. 2 , a al o 4 ' A 9r1 3 2. -IlTl S.SXS-X . 1 2 5 ; ?s- a,3s2, X ro-Jt-2-tr 3 ?s 3 ".J 3j .!-: g.. r J " - 4 .. at. V Z Z '. S3 - M P 2 S. 2 S-v 5 5 5 5 5 5-5 S I L asi.'' O 9 9 3 lit 3 T9 ' van Ca M "1 so - - x as - r, r e.o?3 a?g 3. L -- " o n o-' i. . r or postponement Bhall in o case exceed thirtyr days; Ttndit shall be lawful for any justice nf lh peace Jo act on said pust- ponement or continuance, the original date of the warrant ex ceeding thirty davs huf rifhstandingT: ! " . ; eo irv tiefli-oir -tne mat ot a ctvtt warranr, inresTi mony of a witness not resident within Jhe countv ttliere.tlie same is pending, ia required by either part yr the deposition nf said witness, taken by a single magistrate of the county where jhe witness may be, upon reasonable notice to the adverse par tX of the time and place of taking the same, shall be read in evidence; and the injgiitrate, if the deposition is taken within tins State, shall havo jMJwer to issue a sutniuons to coniptl. the attendance ol the witness.: ;..'! f .M , ' - -'' 1 1 , ,Skc. $. AVhenever a judgment shall be given in the ab sence of either plaintiff or defendant, by any justice of the peace, whethercxectHuin liath been issued or not, on applica tion of such absent parly, ,his or her ag 'nt or attorney;., within ten days after, the date of sa d judgment, to the justice who awarded the samp, on sufllciontcause shown on oath or affirm alion, why he, he or they could not attend the day of trial, it shall be the datj of the said justice io issue his order to the plaintiff, defendant or officer as the case may ..require; in pov session ot the papers relative to the suit, to forbear any further proceedings thereon, and immediately to brinz the same -Jjefore him or some other justice for re-r onside ration-, jrorWerfthatthe applicant shall give sufficient security Tortus appearances It shall also be the duty ot the justice aforesaid to issue his sum mons, directed to some proper their-witfl8ser to -ppear 4eu such time and place, not propcrwUerellie case,suall.unUers;i be subject to the same on; and the officer to w receive for his trouble in is entitled to for summon! party at whose Instance it issued ; seo. io. '-aii executions issueu uy a justice ot tne. peace, against the estate of any person or persons, shall be made re turnable in three months from the date thereof, and shall hi di rected to tlie sheriff, constable or other lawful officer, Com manding .him that of the goods and chattels of the party rant, he make such sum or sumi of money therein mentioned,. or for want of such goods and chattels to satisfy laid execution, then lie levy on the lands and tenements of such person or persons, and make return thereof to the justice who issued the same. setting forth on the execution the money he has made of good and chattels, and what lands and tenements he has levietLnn, where situate, on what water course, and whose land it is aiU ji5WaUandjQiejgs turn such execution, with all other papers on which the judg ment was civen, to the next court to be held for his county; which land shall, by order of said court,- bo sold by the slienT a a.t m i tv a a . ot said county, or so much mereoi as snail ue suuicieni in sat iify said judgment, in the same manner as real property is sold by writs of fieri facias or venditioni exponas issuing from :ich court; and the clerk of the court where such papers are return ad, ahall, in a well bound book kept for that purpose, record (he whole of the papers and proceedings had before the justice; and when any execution shall be returned to a justice not fully ratisfied and discharged, it shall be . lawful for any jutice of the peace for said county to issue another execution for the sum so remaining due on the former execution. . " ko. 17. - 'Any justice of the peace is hereby authorised and -3 tJ... 3 3L ST 3" - 5 3-5 5 St, -Li P a. ' 9- o" 2. m 3 - Iff m .or 'g-S 5.5.. 5 J?.8-2i -'? -j X n -1 9 f mm a -a." ia. 'X s. a r s, ., 5,5.6 8 3 SP m n aT O mm ( : "?l 5 " ' ' B ,.il .r.- n S S C a) "'. fi " A ' -' -Jt 2 & ' -J9 u a... b- 2.;i J 1 2 r, ?suf. S - OS ; a 'i 1 - 2 B" e B 3 13. - 1 3 - e a ti -1 a 9 " ' r- bob e. 5 a ft B Cf'", seSJ,"oga.s-,3-, ?a ,-... 93 V 5 a V m . mm -mm .mm mw m ' 3 2 a e 5 1 - 4 3 vj a - 3 oibceMo cause the parties, witn I S- J ? 3i g 5 - r.hivor.4oroe..othcr.-justkevMf 5g-i- ,.,-1, exceeding thirty days, as he may think 3 2 3 " i. " "g m. 5 S t x a-fair.4nvestisatioa,and 1 ..,e- 2. 5. i,-.. Siroccedingsas i it had never been acted 1 5 5 S Ji injn the summonsmay be directed, shall f 3 2 S"" 2 S-S"? S." sr? ' ' executing the same, the aame fees he I 5 g -. 5 e. g" . , , - , w . . n witnesses, (0 be taxed against the ? : 2 5 b i 8 3 n S ? 5 SI . ... .. . . iL. . I E m: IT. -1 a mmm - u . . - J' .WAS'-,3M3 fmm mm mm , ... 5 3 s S. S. 2 f "o rrJ5 no's I 5 c-3 3.5. 5 e3 g-3 . . - ' ?. "iSt.B..slAM.Tj,... r-a-o- . a ---.oa 3 a X. V a S 9 7'" e-5s-s.rtrs sol's Jvis. " . h. -r a T V M 3 -V mm 0. mm mm im"mi. rm vi zr a. s 12 c 5. 3 .a" o j a - ? roa r 3" f 2 mm 3 p 5 S'W 2 - 2 a o tm i fs a tat a 5 S a. : 1 2 s e 1 i-'..: ?' i-.:ar .f r ! I I -. 9 n 3 2 n rcuuircu, mi ppucaiHiD r ciutrr inainuii r uciciiuaui ii.ihkii i sPn'e' si in any original process issued by single justice, to direrl the i0' " S. n g o g"S J. sherjIT, constable or other-lawful officer, by an order in writing " s ! 5 An Ih, nrAits Ia inmmMi tvilnMiM ffO inntr fintl itiva fi.ttti-. 3tM r 3 i-03c . i e Z Z. it s. i ii - ta S n o "a--3aE..2Z.B : 3 O . B 3. ' - .'aUasl m (hi H4 ises to appear and give testi- r"S fc'a.s 2 2.5 c 2 2 .. . f monyin such suit, , at the, time and place appointed for trial; -5 Z S-osT'S" - g Q-- c,T;- aim Biivu nuursiva tailing iv .ayirm ..iiu ciiutuvr, aiinii forfeit and pay the aumof four dollars to the party at whose in stance he was summoned, and further be liable to the action of