appeal hereto annexed, do hereby certify and return that the following proceedings were had by and before me in said action: On the first of February, one thousand eight hundred and sixty-nine, at the request of the plaintiff, I issued a summons in his favor and against the defendant, which is herewith sent. Said summons was, on the return day thereof, returned before me at my office; and at the same time and place the parties personally appeared. The plaintiff complained for goods sold and delivered to defendant to the amount of $75. The defendant denied the right of the plaintiff to recover that amount for the goods, on the ground that he had paid, at or shortly after the purchase of said goods, dollars thereon; and he also claimed to have a setoff against the plaintiff to the amount of $85 for board and lodging furnished to plaintiff, and work and labor done for him; and he claimed to be entitled to judgment against the plaintiff for $. Both parties introduced evidence upon the claims so made by them, and after hearing their proofs and allegations, I rendered judgment in favor of the plaintiff and against the defendant, on the tenth of February, eighteen hundred and sixty-nine, for $65 damages, and for the further sum of $3.75, costs of the action. I also certify that on the eleventh of February, eighteen hundred and sixtynine, the defendant served the annexed notice of appeal on me, and at the same time paid me my fee of $1 for making my return. All of which I send, together with the process, pleadings, and other papers in the cause. Dated this 15th day of February, 1904. G. W. H. N. B.-If the cause was tried by a jury, state the fact and set forth the verdict, with the judgment thereon. It is not necessary to set out in the return a copy of any process, pleading, affidavit or other paper. It is sufficient to refer to such a paper as filed and as herewith sent. Consult sections 1493, 1494. [No. 41.] WHERE THE SUM DEMANDED EXCEEDS TWO HUNDRED DOLLARS. It appearing that the sum demanded by the plaintiff in this action exceeds two hundred dollars, it is ordered that the action be dismissed, and judgment is rendered against A. B., plaintiff, for the sum of ..dollars, costs. (Date and sign.) Consult section 1419. [No. 42.] WHERE THE TITLE TO REAL ESTATE IS IN QUESTION. N. B.-The defendant, if he wishes to make answer to title, must file a written answer to the complaint, setting forth the facts. ANSWER OF TITLE. (Title as in No. 1.) The defendant answers to the complaint: 1. That no allegation thereof is true. 2. That the plaintiff ought not to have or maintain his action against the defendant, because the premises mentioned and described in the complaint, at the time when the rent and render, for which said action is brought, is alleged to be due, was and is now the land and freehold of one J. D., and not that of the plaintiff; nor was the plaintiff then, nor is he now, entitled to the possession thereof; and the defendant further answers that the title to said premises was, at the time aforesaid, and is now, in said J. D., and will come in question on the trial of this action. Dated this day of. 19 C. D........... Defendant. It appearing from the answer and proof of the defendant that the title to real estate is in controversy in this action, it is ordered that the action be dismissed, and judgment is rendered against the plaintiff for. dollars, costs. Consult sections 1422, 1423. [No. 43.] TENDER OF JUDGMENT. To C. D. Take notice, that the defendant hereby offers to allow judgment to be taken against him by the plaintiff in the above action for the sum of fifty dollars, with costs. Take notice, that the plaintiff hereby accepts the offer to allow the plaintiff to take judgment in the above action for the sum of fifty dollars, with costs, and the justice will enter up judgment accordingly. Dated this day of Consult section 1471. FORM OF JUDGMENT OR TENDER. (Title as in No. 1.) N. B.-The justice will state all the proceedings in the action from the issuing of the summons down to the appearance of the parties and the complaint of the plaintiff, and then proceed as follows: Whereupon, the said defendant, before answering said complaint, made and served an offer, in writing, to allow the plaintiff to take judgment against him for the sum of fifty dollars with costs;* and the said plaintiff thereupon accepted such offer, and gave notice thereof to the defendant in writing; said offer and acceptance thereof being filed. Now, therefore, judgment is accordingly rendered in favor of the plaintiff and against the defendant for the sum of fifty dollars damages, and the further sum of one dollar, costs. If notice of acceptance is not given, the entry will be as follows: (Follow the foregoing form down to the asterisk (*) and then add): And the said plaintiff having refused to accept such offer, the defendant answered the complaint by denying, etc. (state the defense of the defendant down to the judgment, which, in case the plaintiff fails to recover more than the sum mentioned in the offer, will be entered thus): After hearing the proofs and allegation of the respective parties, I adjudge that the plaintiff do recover the sum of fifty dollars damages, and the further sum of one dollar, costs. I further adjudge that the defendant do recover of the plaintiff the sum of two dollars and seventy-five cents, costs accruing in the action subsequent to the offer of the defendant referred to. [No. 46.] GENERAL FORM-EXECUTION. (Title as in No. 1.) State of North Carolina, to any constable or other lawful officer of. county-Greeting: Whereas, judgment has been rendered by G. W. H., Esq., a justice of the peace for said county, against C. D., in favor of A. B., for the sum of dollars damages, and the further sum of ...........dollars costs, on the.. of... 19 day You are therefore commanded forthwith to levy of the goods and chattels of the said C. D. (excepting such goods and chattels as are by law exempt from execution) the amount of such judgment, with interest from the date thereof until the money is recovered. And make due return, according to law, in sixty days from the date hereof. Dated this day of.. ......... 19 State of North Carolina, to any constable or other lawful officer of. county-Greeting: Whereas, in pursuance of a warrant of attachment, dated the day of 19. issued by G. W. H., Esq., a justice of the peace of said county, in an action wherein A. B. was plaintiff and C. D. defendant, the following property of defendant was, on the day of 19........, duly levied on and attached. (Here insert a list of property.) And whereas, judgment was rendered in said action, on the... day of. in favor of said plaintiff, and against the said defendant, in the sum of dollars; Therefore we command you that you satisfy the said judgment out of the property so attached as aforesaid, by the sale of the same or so much thereof as shall be sufficient to satisfy the said judgment; and if a sufficient sum be not realized therefrom, then you satisfy the said judgment out of any other goods and chattels of the said judgment debtor within your county. And make due return thereof according to law within sixty days from the date hereof. RECORD OF CONVICTION OF A CONTEMPT. The justice will make an entry in his docket stating the particular circumstances of the contempt, of which the following is offered as an example: Whereas, on the day of 19. while engaged in the trial of an action (or other judicial act, as the case may be) in which A. B. was plaintiff and C. D. was defendant, at my office in.. county, M. B. did wilfully and contemptuously interrupt me, and did then and there conduct himself so disorderly and insolently towards me, and by making a loud noise did disturb the proceedings on said trial (or other judicial act) and impair the respect due to the authority of the law; and on being ordered by me to cease making such noise and disturbance, the said M. B. refused so to do, but on the contrary did publicly declare and with loud voice (state whatever offensive words were used), and whereas, when immediately called upon by me to answer for the said contempt said M. B. did not make any defense thereto, nor excuse himself therefrom; the said M. B. is therefore convicted of the contempt aforesaid, and is adjudged to pay a fine of five dollars and be imprisoned in the county jail for the term of two days, and until he pays such fine or is duly discharged from imprisonment according to law. Consult section 1426. G. W. H. [No. 49.] WARRANT OF COMMITMENT FOR A CONTEMPT. State of North Carolina, to the keeper of the common jail of. county Greeting: Whereas, etc., (recite the record of conviction so as to show the entire matter of contempt, together with the judgment therefor, and then proceed as follows): Therefore you are hereby commanded to receive the said M. B. into your custody in the said jail, and him there safely keep during the said term of two days, and until he pays the said fine or is duly discharged according to law. Herein fail not. 1497. Judges to take oath of office. Every judge before he shall act as such, shall, in open court, or before the governor, or before one of the judges of the supreme or superior courts, or before some justice of the peace, take the oath appointed for public officers, and also an oath of office. The officer or court before whom said judge shall qualify, shall cause the judge to subscribe the oaths by him taken, and having certified the same, shall return said oaths to the secretary of state, who shall carefully preserve them; and if any judge shall act in his office before he shall have taken the oaths directed, he shall forfeit and pay two thousand dollars, one-half to the use of the state and the other half to the person who shall sue for the same. Code, s. 924; R. C., c. 31, ss. 18, 19; 1777, c. 115; 1806, c. 694, s. 13; 1848, c. 45. 1498. Vacancies, how filled. All vancancies occurring by death, resignation or otherwise in the offices of justice of the supreme or judge of the superior court of the state shall be filled for the unexpired term at the next general election for members of the general |
