THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 GIFT OF 
 
 Law Library 
 Georgia State Library
 
 GOBER'S 
 
 GEORGIA FORM BOOK 
 AND PROCEDURE 
 
 A COLLECTION OF LEGAL FORMS WITH ANNO. 
 
 TATIONS FROM THE REPORTS OF THE 
 
 SUPREME COURT AND THE COURT 
 
 OF APPEALS OF GEORGIA 
 
 ON QUESTIONS RELAT* 
 
 ING TO FORMS AND 
 
 PROCEDURE 
 
 PREPARED FOR THE USE OF 
 
 THE JUDICIARY; THE BAR, THE OFFICERS OF 
 
 COURT, AND BUSINESS MEN 
 
 Executio juris non habet injuriam 
 
 BY 
 GECX F. GOBER, A. M. 
 
 ATTORNEY AT LAW 
 ATLANTA 
 
 ATLANTA 
 THE HARRISON COMPANY 
 
 1917
 
 T 
 
 COPYRIGHT, 1917 
 
 BY 
 THE HARRISON COMPANY
 
 vfi 
 
 DEDICATED 
 TO 
 
 ALICE BLACKWELL GOBER 
 
 MY WIFE 
 THE AUTHOR
 
 PREFACE 
 
 The work of preparing this volume has developed out of all 
 proportion to what I anticipated in the outset. The great trouble 
 under our system is that there are so many things that are not 
 fixed and determined. Our system of pleading provides that a 
 party must plainly, fully and distinctly set forth his cause of 
 action, and this leaves the form to be passed upon under the 
 discretion of about one hundred trial judges in the City and 
 Superior Courts, and this discretion, in many instances, is con- 
 trolled by individual and particular ideas. For this reason, a 
 form must be broad, since a precise and exact form needs its 
 author to defend it when it is passed upon under such discretion. 
 For this reason, it has been thought a better plan to present as 
 much as possible forms that have been used, and to a certain 
 extent have met with the approval of the profession, rather than 
 to present radical changes. 
 
 It is hoped that the first part of the book, which is intended 
 especially for Justices of the Peace, contains some things that, 
 being ready at hand, will be of great service to the bar in all the 
 Courts. This refers to the chapters upon disqualification of 
 judges, qualification of jurors, continuances and evidence. These 
 matters could not be treated exhaustively, since such a course 
 would have extended the size of the volume beyond what was 
 contemplated. It was found utterly impracticable to embody 
 any great amount of substantive law in the work, since this 
 would have carried it beyond all bounds. The author hopes that 
 his work on Pleading and Practice, which will soon be pub- 
 lished, will supply much that he would have been glad to have 
 included in this book. 
 
 The author wishes to acknowledge his obligation to H. B. 
 Skillrnan, Esq., for his help and assistance in the arrangement 
 of the book and the making of the index. Mr. Skillman made 
 the index to Park's Code, and he has no superior in this country 
 in such work. Also, I have had throughout the preparation of 
 the book the efficient aid and help of Mrs. Ted Trennor Pierson, 
 my secretary, who has worked faithfully from start to finish in
 
 the undertaking, and to whom I am under many obligations for 
 her services as an able, painstaking and efficient stenographer. 
 
 In writing the last lines that go into this volume, allow me 
 to say, in the language of our Code, that the object of all legal 
 investigation is the discovery of the truth. Right was made 
 before the law and exists independent of the law. Right is 
 founded upon truth. A thing or transaction never happened in 
 two ways. It is either one way or another way. ' Truth is fixed 
 and will remain eternal as the mountains. No one should be 
 imposed upon by a counterfeit of truth, which is often presented 
 p] easing as the fabled mermaid on the water, beautiful as a fair- 
 haired maiden in aspect, but having below the scaly form of an 
 ocean monster. Judges and juries should search and strive for 
 the truth; the highest duty of a lawyer is to respect and bow 
 to it; courts should recognize the truth. Human transactions 
 are measured by human experience and human nature, and it 
 sometimes requires the wisdom of Solomon to discover it. Every 
 man exercising a judicial function should remember the motto 
 of this great State and never swerve in his devotion to it, 
 Wisdom, Justice and Moderation. 
 
 GEO. F. GOBER. 
 
 Atlanta, Ga., April 17, 1917.
 
 PART I. 
 
 Procedure and Practice in Justice Court.
 
 CODER'S 
 
 Georgia Form Book and Procedure 
 
 PART I 
 
 PROCEDURE AND PRACTICE IN JUSTICE 
 COURT 
 
 (NOTE: Code references herein are equally applicable to the Code of 
 1910 and to Park's Annotated Code of Georgia, 1914, except in those 
 instances where specific reference is made to the latter Code. Georgia 
 Supreme Court Reports are indicated by the use of a /. Thus a refer- 
 ence to volume 100, page 25, will read 100/25. Georgia Court of Appeals 
 Reports are indicated by the abbreviation App. Thus the reference 
 17 App. 34 means volume 17, page 34, of the Court of Appeals Reports. 
 Parallel citations are made to the Southeastern Reporter by the use of 
 the abbreviation S. E., they appearing in parentheses immediately fol- 
 lowing the official report citation.) 
 
 CHAPTER I 
 
 DISQUALIFICATION OF JUDGES. 
 
 SECTION 1. WHEN JUDICIAL OFFICER is DISQUALIFIED. In 
 the trial of cases the question frequently arises whether the 
 presiding judge is disqualified under the law to try it. This is 
 to be determined by section 4642 of the Code, which is as 
 follows : 
 
 "^"o judge or justice of any court, no ordinary, justice of the 
 peace, nor presiding officer of any inferior judicature or com- 
 mission, can sit in any case or proceeding in which he is pecu- 
 niarily interested, or related to either party within the fourth 
 degree of consanguinity or affinity, nor of which he has been
 
 2 DISQUALIFICATION OF JUDGES 
 
 of counsel, nor in which he has presided in any inferior judi- 
 cature when his ruling or decision is the subject of review, 
 without the consent of all the parties in interest: Provided 
 that in all cases in which the presiding judge of the Superior 
 Court may have been employed as counsel before his appoint- 
 ment as judge, he shall preside in such cases if the opposite 
 party or counsel agree in writing that he may preside, unless 
 the judge declines to do so." 
 
 SEC. 2. How DEGREE OF RELATIONSHIP is DETERMINED. 
 The question of relationship is very comprehensively treated 
 in the case of Short v. Mathis, 101/288 (28 S. E. 918), 
 by Judge Cpbb in his opinion in that case, in which he says: 
 ''The degree of relationship referred to in the section of the 
 code above quoted is to be ascertained according to the rules of 
 the canon law. Wetter v. Habersham, 60 Ga. 193. 
 
 " 'The method of computing these degrees in the canon law, 
 which our law has adopted, is as follows: We begin at the 
 common ancestor and reckon downwards; and in whatsoever 
 degree the two persons, or the most remote of them, is distant 
 from the common ancestor, that is the degree in which they are 
 related to each other.' 2 Black. Com. mar. p. 206. The com- 
 mon ancestor in the present case is the great-grandfather of 
 Judge Butt and the great-great-grandfather of W. E. Butt, the 
 legatee. From the common ancestor to Judge Butt, the great- 
 grandson, would be three degrees ; from the common ancestor to 
 W. E. Butt, the legatee, would be four degrees, and this being 
 the longer line would fix the degree of relationship. Therefore 
 the legatee would be related to the judge within the fourth 
 degree, and the judge would be disqualified to preside, under 
 the section of the code above quoted. Judge Butt and W. E. 
 Butt would be fourth cousins. 
 
 "Fifth cousins equally removed from the common ancestor 
 are also related to each other within the fourth degree of con- 
 sanguinity. Fifth cousins when not equally removed from their 
 common ancestor are not related within the fourth degree. The 
 annexed diagram illustrates the degrees of relationship above 
 discussed."
 
 COMMONoANCESTOR. 
 
 ELDREDGE C. BUTT 
 
 W, E. BUTT (LEGATEE), 
 
 WM. M. BUTT 
 
 W. B. BUTT (JUDGE) 
 
 o
 
 4 DISQUALIFICATION OF JUDGES 
 
 SEC. 3. RELATIONSHIP OF JUDGE TO COUNSEL. "A judge 
 who x is related within the fourth degree of consanguinity or 
 affinity to counsel for the applicant in an application for alimony 
 in which an allowance for counsel fees is asked is disqualified 
 from presiding in the % case ; and this is true notwithstanding 
 counsel have a binding contract with the applicant which obli- 
 gates her to pay 'them fees commensurate with their services, 
 independently of whether the application for alimony and coun- 
 sel fees is successful or not." 115/259 (1) (41 S. E. 616). 
 
 SEC. 4. DUTIES OF JUDGE OF SUPERIOR COURT. "When 
 duties are imposed on a judge of a superior court as an officer, 
 another judge of the superior court has no power to issue a 
 mandamus to compel the performance of such duties." 134/ 
 844 (1) (68 S. E. 736). 
 
 SEC. 5. POLITICAL ACTIVITY. "The allegation that a judge 
 is active in aiding one faction of a political party in a county 
 to gain control of the party and the politics of the county, in 
 order to further his political purposes and interests and those of 
 a faction with which he is in sympathy, does not disqualify him 
 from passing on an application to enjoin the registrars from 
 filing a registration list alleged to have been prepared by them 
 with the names of certain persons opposing such faction ille- 
 gally left off for the purpose of gaining such control, and to 
 compel them by mandamus to place such names on the registra- 
 tion list." 134/844 (2a) (68 S. E. 736). 
 
 SEC. 6. MAYORS. "A mayor is not disqualified to try one 
 accused of a violation of a city ordinance, notwithstanding in 
 the event of a conviction a portion of the fine imposed is to be 
 paid to him as costs." 9 App. 203 (70 S. E. 967). 
 
 SEC. 7. PERSONAL KNOWLEDGE OF JUDGE. "A judge should 
 not be disqualified from presiding in a cause because he may 
 personally know some fact which may be under inquiry in the 
 case. However, neither judge nor juror can use such personal 
 knowledge as a factor in solving the judicial problem." 128/ 
 293 (57 S. E. 493). 
 
 SEC. 8. JUDGMENT is VOIDABLE BUT NOT VOID. "If a 
 judge who is disqualified presides and renders judgment, the 
 judgment is not void, but merely voidable. In such a case if 
 the judge is disqualified generally, and the court of which he 
 is the lawful judge has jurisdiction of the person of the de-
 
 DISQUALIFICATION OF JUDGES 5 
 
 fondant and of the subject matter of the suit, he ought to retire 
 from the bench if he is disqualified-; if he does not the judgment 
 is not void, but voidable. In the case of the judge pro Jiac vice, 
 unless he has been selected in accordance with the statute, he 
 has no right to go upon the bench at all, and what might be 
 errors, subject to review in the qualified judge, are swallowed 
 up in the greater consideration that such an incumbent hasn't 
 even the right to commit errors." 4 App. 197 (61 S. E. 30). 
 
 SEC. 9. SUGGESTION OF DISQUALIFICATION. "The disquali- 
 fication of a judge by reason of relationship to the prosecutor 
 must, if known to the accused or his counsel, be suggested before 
 verdict, and if not then urged, will not be cause for a new trial. 
 Even if under the facts of this case, the judge was disqualified, 
 it was too late to raise the question for the first time on the 
 motion for a new trial." 117/15 (43 S. E. 438). 
 
 SEC. 10. POLICE COMMISSIONERS. "Where the charter of 
 a city vests the authority in such a board to select, control and 
 discipline the police force of the city, and no provision is made 
 for disqualifying a member from acting in a case where he may 
 be biased or prejudiced against the policeman on trial, an objec- 
 tion can not be properly made to a member of a board partici- 
 pating in the trial on 'this ground." 125/18 (2) '(53 S. E. 
 811). 
 
 SEC. 11. WHERE JUSTICE OF THE PEACE is DISQUALIFIED. 
 "When a justice of the peace is disqualified from presiding, and 
 there is no other justice of the peace in his district who is 
 qualified, any justice of the peace of the county is qualified to 
 issue all process and to preside in his district and if a justice 
 of the peace is sued under such circumstances, the suit may be 
 located in any adjoining district. Any justice or notary ex- 
 officio justice of the peace may preside in any district of their 
 county in all cases when the justice or notary of such district 
 is disqualified." Code, 4669. 
 
 SEC. 12. WHERE THERE is No JUSTICE OF THE PEACE. 
 "Where there is no justice of the peace in any district where a 
 defendant resides, and there is one and he refuses to serve gen- 
 erally or in any particular case, t|ie suit may be located in any 
 adjoining district." Code, 4670. 
 
 SEC. 13. TRANSFER OF SUIT TO ADJOINING DISTRICT. "If 
 suits are already commenced and are suspended for want of a
 
 6 DISQUALIFICATION OF JUDGES 
 
 justice of the peace to preside or competent jury to try such 
 cases, such suits shall be removed to the adjoining districts, 
 unless the 'evil is removed within sixty days, or upon the fact 
 being made to appear to the court by affidavit of either party 
 to such suits." Code, 4672. 
 
 SEC. 14. TRANSFER OF SUITS TO COUNTY SITES. "If, from 
 any cause all such suits can not be located or presented in some 
 adjoining district, they may be commenced or removed to the 
 justice's district which embraces the county site." Code, 4673. 
 
 SEC. 15. POWERS OF JUSTICE, ETC. "The justices of the 
 peace and constables of any district where a suit is thus begun 
 or removed have the same power that those officers have in the 
 proper districts." Code, 4674. 
 
 SEC. 16. DISQUALIFICATION OF JUDICIAL OFFICERS. "The 
 statutory grounds of the disqualification of a judicial officer are 
 exhaustive, as contained in the Civil Code, 4642." 11 App. 
 783 (3) (76 S. E. 165). 
 
 SEC. 17. PREPARATION OF CONTRACT BY JUDOE AS ATTOR- 
 NEY. "The fact that the presiding judge may have prepared, 
 as an attorney at law, a form from which was drawn a contract, 
 the validity of which was involved in a pending case, does not, 
 under any of the provisions of the section of the code above 
 referred to, render the judge disqualified to try the case." 11 
 App. 783 (4) (76 S. E. 165). 
 
 SEC. 18. DUTY OF JUDGE TO DISQUALIFY. It is the duty of 
 the judge when he is disqualified in a case to make it known to 
 the court, and he owes this much not only to his office but to 
 himself. It frequently happens that matters come up and it 
 does not occur to him, and counsel for either side have the right 
 to present the matter to the court. In such a case the following 
 would be a suitable form: 
 
 JOHN JONES ^| SUIT FOR DAMAGES. 
 
 vs. V IN SUPERIOR COURT. 
 
 WILLIAM SMITH. ) TERM, 19 
 
 In the above stated case counsel for the defendant shows to 
 the court the following facts : 
 
 1. That the Hon , Judge of the Superior Court 
 
 of County, is disqualified in said case in that he is 
 
 related within the fourth degree of consanguinity to the plain-
 
 DISQUALIFICATION OF JUDGES 7 
 
 tiff, John Jones, and for this reason, under the statute, he is 
 not competent to sit as a judge in said case. 
 
 Counsel for defendant stands ready to show these facts to the 
 court. 
 
 JOHN DOE, 
 
 Attorney for Defendant. 
 -OR 
 
 JOHN JONES } SUIT FOR DAMAGES. 
 
 vs. V IN SUPERIOR COURT. 
 
 GREAT AMERICAN RAILROAD, j TERM, 19. ... 
 
 In the above stated case, counsel for the plaintiff shows to 
 the court the following facts : 
 
 1. That the Hon , Judge of the Superior 
 
 Court of County, is disqualified in said case, in 
 
 that he is related within the fourth degree of consanguinity 
 
 to , and the said is a 
 
 stockholder in the defendant company, and for this reason, 
 under the statute, he is incompetent to sit as judge in said case. 
 Counsel for plaintiff stands ready to show these facts to the 
 court. 
 
 JOHN DOE, * 
 Attorney for Plaintiff. 
 
 Whatever the grounds of disqualification are, they should be 
 presented to the court in limine, since if such is not done, the 
 party would lose the right to object on such ground. 
 
 SEC. 19. WHEN THE JUDGE is DISQUALIFIED. "When from 
 any cause the judge of the superior court is disqualified from 
 presiding, he shall procure the services of a judge of another 
 circuit to try the said cause, if he has to appoint an adjourned 
 term for that purpose." Code, 4855. 
 
 SEC. 20. JUDGE PRO HAG \ 7 icE. "When, fromvany cause, 
 the judge of the superior court or any city court is disqualified 
 from presiding in any civil case, and has failed to procure the 
 services of a judge to try said cause, then the parties litigant, 
 by consent, may select any attorney of this State to try said 
 case, and the attorney so selected, when the consent is entered 
 on the minutes, shall exercise all the functions of a judge in 
 -that case." Code, 4856. 
 
 SEC. 21. IMPEACHMENT. "If any judge does not comply 
 with the provisions of section 4855 within a reasonable time,
 
 8 DISQUALIFICATION OF JUDGES 
 
 when it is in his power to do so, it is a ground of impeach- 
 ment," Code, 4857. 
 
 SEC. 22. JUDGE APPOINTED BY CLERK, WHEN. "In all 
 cases mentioned in the preceding sections, when the case or 
 cases are reached in their order on the dockets, without an agree- 
 ment by the parties, then it shall be the duty of the clerk of the 
 superior court, or in his absence the deputy clerk, to select some 
 compjetent attorney practicing in that court, who shall likewise 
 have authority and preside in said case as aforesaid." Code, 
 4858. 
 
 SEC. 23. FORMS OF ORDERS APPOINTING JUDGE PRO HAC 
 VICE. 
 WILLIAM JONES ") SUIT FOR DAMAGES. 
 
 vs. > IN SUPERIOR COURT. 
 
 WILLIAM SMITH. ) TERM, 19 
 
 In the above stated case, it having been determined by the 
 
 Hon , Judge of the Superior Court of 
 
 County, that he is disqualified therein by reason of the fact that 
 he is related within the fourth degree of consanguinity to the 
 plaintiff; it is ordered that he be, and he is, hereby disqualified 
 therein, and counsel for plaintiff and defendant having agreed 
 upon Richard Roe, an attorney practicing in this court, to pre- 
 side as Judge. Pro Hac Vice in said case, it is further ordered, 
 considered and adjudged that he be, and he is, hereby appointed 
 as said Judge Pro Hac Vice in said case with the powers of the 
 Judge to hear, determine and dispose of this case. 
 
 Judge Superior Court, County. 
 
 WILLIAM JONES 1 SUIT FOR DAMAGES. 
 
 vs. VlN SUPERIOR COURT. 
 
 WILLIAM SMITH. ) TERM, 19 
 
 In the above stated case it having been made to appear that 
 
 the lion , Judge of the Superior Court of 
 
 County, is disqualified to preside in said case by reason of the 
 fact that he is related within the fourth degree of consanguinity 
 to the plaintiff therein, it is ordered and determined that he is 
 disqualified to hear and determine said case, and the parties 
 having failed to agree upon an attorney to preside therein as 
 Judge Pro Hac Vice, and said case having been reached in its 
 order upon the docket, it is ordered that the clerk of the Superior
 
 DISQUALIFICATION OF JUDGES 9 
 
 Court appoint some competent attorney who practices in this 
 court to preside in said case, with the authority of the Judge to 
 try the same. 
 
 Judge Superior Court County. 
 
 WILLIAM JONES ") SUIT FOR DAMAGES. 
 
 vs. V!N SUPERIOR COURT. 
 
 WILLIAM SMITH. ) TERM, 19 
 
 In conformity with the order of the Hon , Judge 
 
 of the Superior Court of County, who has held 
 
 himself disqualified to try the above stated case, and the said 
 case having been reached in its order upon the docket, and coun- 
 sel in said case having failed to agree upon a Judge Pro Hac 
 Vice to preside in said case and try same, and it being my duty 
 to appoint a competent attorney to preside therein, I hereby 
 nominate and appoint Richard Smith, a competent attorney 
 practicing in this court, to preside in this case, and to hear and 
 determine same. 
 
 Clerk Superior Court County. 
 
 SEC. 24. INTEREST OF ATTORNEY RELATED TO JUDGE. An 
 attorney whose contract with his client provides that he is to be 
 paid a certain sum in all events, and a larger sum if the attor- 
 ney's client is successful, has no such interest in the subject- 
 matter of the litigation as to disqualify the judge, who is a 
 brother of the attorney, from presiding in the cause. 91 
 S. E. 37. 
 
 "In a claim case, if one of the counsel for the plaintiff in 
 fi. fa. has a contingent fee and is related to the presiding judge 
 within the fourth degree of consanguinity, this raises a dis- 
 qualification on the part of the judge to preside in the case. 
 Roberts vs. Roberts, 115/259 (41 S. E. 616, 90 Am. St. R. 
 108) ; Short vs. Mathis, 101/287 (28 S. E. 918)." 141/407 
 (1) (81 S. E. 115). 
 
 SEC. 25. RELATIONSHIP TO PERSON INTERESTED IN RESULT 
 OF SUIT. "Three persons, alleging themselves to be policy- 
 holders and creditors under contracts issued by a mutual life 
 insurance company organized under the laws of this State, 
 instituted an equitable action, for themselves and all others 
 similarly situated, against the company to enjoin it from further 
 transaction of business, appoint a receiver, and marshal the.
 
 10 DISQUALIFICATION OF JUDGES 
 
 assets of the company. When the petition was presented to the 
 judge, an order was passed, ex parte, appointing a temporary 
 receiver, and a rule issued directing the defendant to show 
 cause at a certain time and place why the prayers of the petition 
 should not be granted. The ground for equitable relief was 
 alleged insolvency of the company and improper administration 
 of its affairs. On the interlocutory hearing the defendant moved 
 that the judge recuse himself on the ground of his relationship 
 to three separate persons alleged to be interested in the result 
 of the suit. It appeared that Mrs. Best, one of the persons 
 referred to, was related to the judge by affinity within the degree 
 prohibited by law, and that the interest which she had was that 
 resulting from the fact that she was the beneficiary named in a 
 policy issued by the company on the life of her husband, which 
 was of force at the date of the application for a receiver and at 
 the time of the trial. Held : 
 
 "1. The interest of the beneficiary above named was a pres- 
 ent pecuniary interest within the contemplation of section 4642 
 of the Civil Code of 1910, and was so involved in the present 
 litigation as to render the judge disqualified from presiding. 
 It was erroneous to hold to the contrary. 
 
 "2. The judge being disqualified upon this ground, it is un: 
 necessary to deal with the subject of disqualification by reason 
 of his alleged relationship to other persons, and no ruling is 
 made with respect to his disqualification based on his relation 
 to them. 
 
 "3. The judge being disqualified, all that was done upon 
 the interlocutory hearing of the case was entirely nugatory, and 
 it is unnecessary to pass upon the questions raised upon the 
 rulings and adjudications made pending the hearing. 
 
 "4. The effect of the ruling made in the first headnote is to 
 remand the case and vacate the order granted at the interlocu- 
 tory hearing." 142/765 (83 S. E. 656). 
 
 SEC. 26. DISQUALIFICATION OF JUDGE, WAIVER, ETC. The 
 headnotes in the case of Shuford, executrix vs. Shuford et al., 
 141/407 (81 S. E. 115), are. as follows: 
 
 "1. In a claim case, if one of the counsel for the plaintiff in 
 fi. fa. has a contingent fee and is related to the presiding judge 
 within the fourth degree of consanguinity, this raises a dis- 
 qualification on the part of the judge to preside in the case. 
 Roberts vs. Eoberts, 115 Ga. 259 (41 S. E. 616, 90 Am. St. E. 
 108) ; Short vs. Mathis, 101 Ga. 287 (28 S. E. 918).
 
 DISQUALIFICATION OF JUDGES 11 
 
 "2. Such disqualification can be urged on behalf of either 
 party in the case, and the judge should not preside over objec- 
 tion coining from either side, duly made. 
 
 "3. Disqualification of a presiding judge on account of 
 relationship to a party or to one of the attorneys who has a 
 contingent fee in the case may be waived, expressly or impliedly. 
 A party will not be permitted, with knowledge of such disquali- 
 fication, to try his case before a judge so disqualified, take the 
 chance of winning his suit, and then for the first time raise the 
 question of disqualification. If counsel know of such disqualifi- 
 cation, he should make the point in limine. Civil Code, Sect. 
 4642 ; Shope vs. State, 106 Ga. 226 (32 S. E. 140) ; Tindall vs. 
 Nisbet, 133 Ga. 114, 1132, (39 S. E. 450, 55 L. K. A. 225) ; 
 Hadden vs. Thompson, 118 Ga. 207 (2), 208 (44 S. E. 1001) ; 
 Brown vs. Holland, 111 Ga. 817 (35 S. E. 643). 
 
 "4. That the presiding judge on Monday morning called 
 the cases and set them for trial during the week, announcing 
 also that cases in which he was disqualified would be tried at 
 a special term to be held at a later date, and -that this case was 
 called and set down for trial on Thursday, without any sug- 
 gestion of disqualification being then made, was not alone suffi- 
 cient to operate as a waiver of such disqualification. 
 
 "(a) There was no affirmative action taken by a party to 
 the case or by counsel, at the time when the case was set down 
 for trial, which amounted to a waiver of disqualification. Espe- 
 cially is this true in view of the fact that different code sections 
 provide more than one way in which a judge or judge pro hac 
 vice may be obtained for the trial of a case in which the regular 
 presiding judge of the circuit is disqualified. Civil Code, 
 4855-4858. 
 
 "5. If the making of a motion for a continuance on the day 
 when the case was set for trial, and before it was reached in its 
 order, by counsel for the plaintiff in fi. fa., with knowledge of 
 the disqualification of the presiding judge, and the overruling 
 of such motion would otherwise have operated as a waiver of 
 such disqualification, yet, where it then appeared that the 
 plaintiff in fi. fa. was dead, and no party had been made in his 
 stead, so that in fact there was no plaintiff in fi. fa. before the 
 court against whom a binding ruling or adjudication could be 
 made, the making of the motion for a continuance and its over- 
 ruling in such circumstances would not operate as a valid pro-
 
 12 DISQUALIFICATION OF JUDGES 
 
 ceeding and adjudication in the cause, or prevent counsel from 
 then raising the point of the disqualification of the judge. Ray 
 vs. Anderson, 114 Ga. 975 (41 S. E. 60). 
 
 "6. After the motion for a continuance, made as indicated 
 in the -preceding headnote, had been overruled, if the disqualifi- 
 cation of the presiding judge was urged, before further steps 
 were taken in the case, the point should have been sustained. 
 
 "7. After the judge had overruled the objection to his pre- 
 siding on the ground of his disqualification and ordered the case 
 to proceed to trial, the fact that counsel raising the objection, 
 subject thereto, suggested of record the death of the plaintiff in 
 fi. fa., and moved that his executrix and a person claiming to 
 hold a transfer of the judgment and execution be made parties 
 plaintiff, did not operate as a waiver of the disqualification. 
 
 "8. Where under such circumstances the executrix of the 
 plaintiff in fi. fa. was made a party, and the objection to the 
 judge's presiding on account of his disqualification was again 
 at once raised, it was error to refuse to entertain it and allow 
 any showing to be made in support thereof. 
 
 "9. Inasmuch as the presiding judge was disqualified to 
 try the case or to pass orders therein, and under the facts stated 
 in the preceding headnotes his disqualification was not waived, 
 the trial thereafter went for naught. His action in the premises 
 should be set aside and the case reinstated as it stood before he 
 made any ruling in regard to it. 
 
 "10. Since the ruling complained of in the cross-bill of 
 exceptions, was void on account of the disqualification of the 
 judge, it is unnecessary to rule upon the merits of the case." 
 
 SEC. 27. DISQUALIFICATION OF NOTARIES PUBLIC. From 
 the case of Southern Iron and Equipment Company vs. Voyles, 
 138/258 (75 S. E. 248), we have: 
 
 "1. A notary public is disqualified from attesting a deed 
 or bill of sale, so as to entitle it to record, if he is pecuniarily 
 or beneficially interested in the transaction. 
 
 "2. A stockholder of a corporation bears such financial rela- 
 tion to it that he is disqualified, on account of interest, from 
 attesting as a notary a deed or bill of sale to which the corpora- 
 tion is a party. 
 
 "3. Where a corporation sells property and takes from the 
 vendee a conditional bill of sale, reserving title in the vendor 
 until the purchase-price is paid, and the vendee's signature is 
 attested by a notary public who is a stockholder of the corpora-
 
 QUALIFICATION OF JURORS. 13 
 
 tion, and where the conditional bill of sale is recorded, in a 
 contest between the conditional bill of sale and a junior lien 
 such record will not give the conditional bill of sale priority 
 over the younger lien, if the disqualification of the notary was 
 known to the official of the corporation conducting the transac- 
 tion, although such disqualification may not appear on the face 
 of the paper. 
 
 "4. A junior attachment levied on the property embraced 
 in the conditional sale thus illegally recorded, but founded on 
 a debt antecedent to the conditional bill of sale, has priority of 
 lien over the conditional bill of sale." 
 
 CHAPTER II 
 
 QUALIFICATION OF JURORS. 
 
 SECTION 28. RIGHT OF PARTY TO IMPARTIAL JURY. "In 
 civil as well as criminal cases jurors may be placed upon their 
 voir dire and examined as to their impartiality, but in such ex- 
 amination the questions should be limited to the partiality or 
 impartiality of the jurors in reference to the particular case 
 and the parties thereto." 122/338 (1) (50 S. E. 142). 
 
 "In a civil cause it is good cause of challenge that a juror 
 has expressed an opinion as to which party ought to prevail, or 
 that he has a wish or desire as to which should succeed." Penal 
 Code, 859. 
 
 "A juror related by consanguinity or affinity to either party 
 to a cause within the ninth degree is disqualified from sitting 
 in the case. This was expressly decided in Ledford vs. State, 
 75 Ga. 857, and our examination has failed to discover any 
 ruling of this State to the contrary." 2 App. 574, 575 (59 
 S. E. 311). 
 
 SEC. 29. WHAT DEGREE OF RELATIONSHIP DISQUALIFIES 
 JURORS. The rule as to the disqualification of jurors is differ- 
 ent from that of judge. The disqualification of a judge is meas- 
 ured by the Canon law, while the disqualification of a juror is 
 measured by the civil law. Where a juror is related to either 
 party to a cause within the ninth degree of relationship under 
 the civil law, he is disqualified from sitting in the case. This 
 can be illustrated by the following diagram showing how the 
 relationship is calculated. Under the civil law, you place the
 
 14 QUALIFICATION OF JURORS 
 
 party and juror in his proper place in the diagram and then 
 from one of them count up to the common ancestor and then 
 on the other side down to the other party and this will give the 
 relationship. Take the diagram next hereinafter and take 
 Charles Doe and Peter Doe. You begin at Charles Doe and 
 count up each degree to Adam Doe and then to Adam Doe from 
 Peter Doe, and you find that the relationship is within the sixth 
 degree. If you are counting under the Canon law, you would 
 count from the one most remote up to the common ancestor and 
 this would be the degree of relationship, and in this particular 
 case Charles Doe would be related to Peter Doe within the 
 fourth degree, since he is four degrees removed from the common 
 ancestor. This will appear from the diagram on the opposite 
 page. 
 
 SEC. 30. A PAKTY HAS A RIGHT TO PURGE THE JURY. This 
 being a right that is fixed by law, either party may claim it 
 and the first thing to be done is for the judge to state to the 
 jury the names of the parties to the case and a general outline 
 of the case with the issues raised and then the jury should be 
 given a preliminary oath which may be in the following form : 
 
 "You shall true answers make to such questions as may be 
 asked you by the court or its authority, touching your com- 
 petency as jurors, so help you God." 
 
 The questions to be propounded are largely within the dis- 
 cretion of the court. They may be extended or not as he deems 
 proper and some or all of the following might be asked. These 
 questions may be propounded to the jury as a body or they may 
 be called up one by one and asked the questions. This is a 
 matter entirely within the discretion of the judge. The ques- 
 tions may be as follows: 
 
 "Is your mind perfectly impartial between the plaintiff and 
 defendant in this case?" 
 
 "Have you any prejudice or bias resting on your mind either 
 for or against the plaintiff or defendant ?" 
 
 "Have you formed or expressed an opinion as to which party 
 to the cause ought to prevail ?" 
 
 "Have you a wish or desire as to which party to the cause 
 should succeed ?" 
 
 SEC. 31. EACH PARTY HAS THE RIGHT TO AN IMPARTIAL 
 -I i i;y. "In civil cases and cases of misdemeanors in the superior 
 court, each party may demand a full panel to twenty-four com- 
 petent and impartial jurors from which to strike a jury, and 
 when one or more of the regular panel of traverse jurors is
 
 ADAM DOE 
 
 JOHN DOE 
 JON OF ADAM DOE 
 
 PETER DOE 
 iON OF JOHN DOE 
 
 COMMON ANCESTOR 
 
 HENRY DOE 
 SON OF ADAM DOE 
 
 MARK DOE 
 SON OF HENRY DOE 
 
 CHARLES DOE 
 SON OF_ MARK DOE
 
 16 QUALIFICATION OK JURORS 
 
 absent, or for any reason disqualified, the presiding judge, at 
 the request of counsel for either party, shall cause the panel to 
 be filled by tales jurors to the number of twenty-four before 
 requiring the parties, or their counsel, to strike a jury." Penal 
 Code, 858. 
 
 SEC. 32. MAKING UP PANELS AND STRIKING JURY. "The 
 judges of the superior courts, at each term, shall from the petit 
 jurors, have made up two panels of twelve jurors each, which 
 shall be known and distinguished as panels 'number one' and 
 'number two' ; all cases in said courts shall be tried by one or 
 the other of said panels, if the parties can agree upon a panel. 
 If the parties can not agree upon a panel, the clerk shall furnish 
 the parties or their attorneys a list of both panels, from which 
 the parties or their attorneys may strike alternately until there 
 shall be but twelve left, which shall constitute the jury to try 
 the case. In all cases the plaintiff shall have the first strike." 
 Penal Code, 857. 
 
 SEC. 33. JURORS SIXTY YEARS OF AGE NOT DISQUALIFIED. 
 That a person is over sixty years of age does not disqualify him 
 to serve as a grand juror, but he has a right to claim his age 
 as a privilege. 75/747. That a juror is over sixty years of 
 age, does not disqualify him in a civil case. 4 App. 771 (62 
 S. E. 533). The fact that a juror, in a criminal case, is over 
 sixty years of age is not a ground of challenge for cause. 141/ 
 82 (80 S. E. 850). 
 
 SEC. 34. RELATIONSHIP BY AFFINITY. Marriage relates 
 the husband to the wife's kindred, but does not relate any of 
 his kindred to hers, consequently, the third or fourth cousin of 
 the husband of the decedent's sister was not, for that reason, 
 incompetent as a juror. 89/527 (15 S. E. 748) ; 139/719 (78 
 S. E. 181) ; 141/510 (81 S. E. 444). The same rule applies 
 to a brother or son-in-law of a stockholder in a railroad company 
 when the railroad company is a party to the suit, 73/713. A 
 person who is related by affinity to the wife of the propounder 
 of a will is not a qualified juror. 72/80. Where a witness is 
 directly interested in the result of a suit, his half-brother is not 
 a competent juror. 71/818. Because the step-daughter of one 
 of the jurors married the brother of one of the parties to the 
 case will not disqualify the juror. 9/513. A juror is not dis- 
 qualified by reason of the fact that he is a brother of the wife 
 of the defendant's brother, who actively assisted in the defense 
 of the divorce suit. 119/239 (46 S. E. 106). The nephew
 
 QUALIFICATION OF JURORS 1-7 
 
 of the husband of an aunt of a party who is plaintiff in a suit 
 arising out of a somewhat similar transaction as that which 
 brought about the suit on trial, is not disqualified as a juror. 
 139/556 (77 S. E. 790). That a first cousin of a juror married 
 a sister of the plaintiff, did not make the juror kin by affinity 
 to the plaintiff so as to disqualify the juror. 139/556 (77 
 S. E. 790) ; 142/146 (82 S. E. 562). A kinsman of a brother- 
 in-law of a party is not akin to the party and therefore not 
 disqualified to act as a juror. 91/513 (18 S. E. 315) ; 142/145 
 (82 S. E. 562) ; 144/227 (87 S. E. 277). A brother-in-law 
 of a bankrupt who prior to his bankruptcy has had an interest 
 in the shares of the corporation, is not a competent juror to 
 sit in the case of which that corporation is a party. 15 App. 
 69, 70 (82 S. E. 588). A cousin of the son-in-law of the prin- 
 cipal witness of the plaintiff (a corporation) would not dis- 
 qualify him as a juror. 17 App. 458 (87 S. E. 698). 
 
 SEC. 35. JURORS RELATED ARE INCOMPETENT. When 
 jurors are so related to the party litigant that they are not 
 impartial, they should be removed from the jury before the 
 striking begins. 2 App. 305 (58 S. E. 538). Where a suit in 
 which a corporation is engaged and the son of one of the stock- 
 holders is upon the jury, and that fact is not known at the time 
 of the trial, he is disqualified, and a new trial ought to be 
 granted. 60/650. A juror, who is a cousin of one of the 
 parties, is incompetent to sit on the trial of a cause in which 
 his kinfolks are parties. 47/538. The party who moves for a 
 new trial, on the ground 'that the juror is related to one of the 
 parties to the case, must not only allege what the relationship 
 is, but that he had no knowledge of it before the case went to 
 trial. 39/660. The son of the first cousin of a party to a suit 
 is not a competent juror. 65/304; 63/165. The relationship 
 which disqualifies a party to act as juror extends to the ninth 
 degree. 75/857. The "ninth degree" referred to in the 75th 
 Georgia is calculated according to the civil law. 115/259, 261 
 (41 S. E. 616); 2 App. 574, 577 (59 S. E. 311). That one 
 of the jurors is related to the party who lost the suit, is not a 
 good ground for a new trial. 104/174 (30 S. E. 651). A 
 juror is not disqualified because of his being brother of the 
 county commissioner, in a suit against the county, when the 
 commissioner is not pecuniarily interested in the result of the 
 suit. 123/205 (51 S. E. 328),
 
 18 CONTINUANCES 
 
 SEC. 36. OBJECTION PROPER DEFECTUM NOT GOOD AFTER 
 VERDICT. "That a juror's name is not on the jury list or in 
 the jury box is not cause for a new trial, when the point is 
 raised for the first time after verdict. Being an objection 
 propter defectum, it should be discovered and urged before ver- 
 dict. Somers vs. State, 116 Ga. 535 (42 S. E. 779) ; Jordan 
 vs. State, 119 Ga. 443 (46 S. E. 679)." 138/464 (75 S. E. 
 604). "While the fact that the names of some of the jurors 
 in a justice's court did not appear on the jury list may have 
 been good ground for challenge before the jury had been im- 
 paneled, yet where no objection was made before the trial and 
 no ruling made thereon, it can not be taken advantage of by 
 certiorari 'after verdict. Mitchell vs. Bradberry, 76 Ga. 15. 
 This objection is propter defectum, and comes too late after 
 verdict. Jordan vs. State, 119 Ga. 443 (43 S. E. 679)." 11 
 App. 815 (76 S. E. 391). That a juror at the time of the 
 trial was not a resident of the county in which the trial took 
 place, is a proper ground for objections, propter defectum, and 
 must be made before the trial. 105/640 (31 S. E. 557). The 
 question as to whether a traverse juror who served at the pre- 
 ceding term is disqualified is one of propter defectum. 131/498 
 (62 S. E. 806) ; 1 App. 518 (57 S. E. 1021) ; 125/277 (54 
 S. E. 167). It is not a ground for a new trial, that one of the 
 jurors had not been a resident of the county for six months 
 before the trial took place. 57/329. To raise the question of 
 a juror being unnaturalized is one of propter defectum and 
 comes too late, after a verdict in the trial has been rendered. 
 64/453. 
 
 CHAPTER III 
 
 CONTINUANCES. 
 (See forms, Part II, pages 374, 375.) 
 
 SECTION 37. BUT ONE CONTINUANCE AT COMMON LAW. 
 "No trial in any civil cause shall be had at the first term (except 
 expressly provided for by law), and no cause whatever, depend- 
 ing in any of the courts of this State, shall be continued more 
 than one term at common law, at the instance of the same party, 
 for any cause whatever." Code, 5710.
 
 CONTINUANCES 19 
 
 SEC. 38. ATTENDANCE ON THE GENERAL ASSEMBLY BY 
 PARTY OR COUNSEL. "It shall be the duty of the judge of any 
 court of this State to continue, on or without motion, any case 
 in such court when any party thereto or his leading attorney 
 shall, when the case is reached, be absent from the court by 
 reason of his attendance as a legislator on the General Assembly, 
 unless the party in such absence of his leading attorney or such 
 leading attorney in such absence of such party shall, on the call 
 of the case, announce ready for trial." Code, 5711. 
 
 SEC. 39. BY WITNESSES. "Any person summoned to serve 
 as a witness in any case in the courts of this State shall be 
 excused by the judge from attendance on such courts during his 
 absence from the court by reason of his attendance as a legis- 
 lator upon the General Assembly; and in all criminal cases in 
 the courts of this State, it shall be the duty of the presiding 
 judge, on motion of either the State or defendant, to continue 
 such case when it shall appear that a material witness is absent 
 from the court by reason of his attendance upon the General 
 Assembly; and in all civil cases in the courts of this State, it 
 shall be the right of either party thereto to have taken the inter- 
 rogatories, as provided by law, of any person desired to be used 
 as a witness in such case, and who is a member of the General 
 Assembly, when the session of the General Assembly conflicts 
 with the session of the court in which such case is to be tried : 
 Provided, that the provisions of this and the preceding section 
 shall not apply to the Supreme Court of this State." Code, 
 5712. 
 
 SEC. 40. AMENDING PARTY, WHEN ENTITLED TO CONTINU- 
 ANCE. "The party amending pleadings or other proceedings in 
 any of said courts shall not be entitled to delay or continuance 
 on account of such amendment, except by leave of the court to 
 enable him to make such amendment." Code, 5713. 
 
 SEC. 41. CONTINUANCE CHARGED TO AMENDING PARTY, 
 WHEN. "When any amendment shall be made to the pleadings 
 or other proceedings in the cause, if the opposite party will 
 make oath, or his counsel state in his place, that he is surprised 
 by such amendment, and that he is less prepared for trial, and 
 how, than he would have been if such amendment had not been 
 made, and that such surprise is not claimed for the purpose of 
 delay, the case may be continued in the discretion of the judge, 
 and charged to the amending party." Code, 5714, ,
 
 20 CONTINUANCES 
 
 SEC. 42. CONTINUANCE FOE ABSENCE OF WITNESSES. "In 
 all applications for continuances upon the ground of the absence 
 of a witness, it must be shown to the court that the witness is 
 absent; that he has been subpoenaed; that he resides in the 
 county where the case is pending ; that his testimony is material ; 
 that such witness is not absent by the permission, directly or 
 indirectly, of such applicant ; that he expects he will be able to 
 procure the testimony of such witness at the next term of the 
 court; and that such application is not made for the purpose 
 of delay, but to enable the party to procure the testimony of 
 such absent witness; and must state the facts expected to be 
 proved by such absent witness." Code, 5715. 
 
 SEC. 43. ADMISSION OF FACTS. "No continuance shall be 
 allowed in any court on account of the absence of a witness, or 
 for the purpose of procuring testimony, when the opposite party 
 is willing to admit, and does not contest the truth of, the facts 
 expected to be proved ; and the court shall order such admission 
 to be reduced to writing." Code, 5716. 
 
 SEC. 44. WHEN ABSENCE OF A PARTY Is CAUSE FOR CON- 
 TINUANCE. "If either party shall be providentially prevented 
 from attending at the trial of any cause, and the counsel of such 
 absent party will state in his place that he can not go safely to 
 trial without the presence of such absent party, such cause shall 
 be continued, provided his continuances are not exhausted." 
 Code, 5717. 
 
 SEC. 45. CONTINUANCE FOR ABSENCE OR ILLNESS OF COUN- 
 SEL. "The illness or absence, from providential cause, of counsel 
 where there is but one, or of the leading counsel where there are 
 more than one, shall be a sufficient ground for continuance: 
 Provided, the party making the application will swear that he 
 can not go safely to trial without the services of such absent 
 counsel, and that he expects his services at the next term, and 
 that said application is not made for delay only." Code, 5718. 
 
 SEC. 46. WHEN CASE Is NOT REACHED. "A cause not 
 reached at the trial term stands over as continued." Code, 
 .5719. 
 
 SEC. 47. CONTINUANCE IN CASES SENT BACK FROM THE 
 SUPREME COURT. "When any cause shall be sent back to the 
 superior court by the Supreme Court, the same shall be in 
 order for trial; and if the continuances of either party pro 
 exhausted, the superior court may grant one continuance to said 
 party, as the ends of justice may require." Code, 5720.
 
 CONTINUANCES 21 
 
 SEC. 48. DILIGENCE REQUIRED. "In all cases, the party 
 making an application for a continuance, must show that he 
 has used due diligence." Code, 5721. 
 
 SEC. 49. CONTINUANCE FOR NON-RETURN OF INTERROGA- 
 TORIES. "When a commission issues to examine a witness, it 
 not having been returned shall be no cause for a continuance, 
 unless the party seeking the continuance will make the same 
 oath of the materiality of the testimony as in the case of an 
 absent witness ; and the party must show due diligence in suing 
 out and having the same executed." Code, 5722. 
 
 SEC. 50. CONTINUANCE ON THE APPEAL. "No appeal case 
 shall be continued more than twice by the same party, except, 
 for providential cause, and for which it may be continued as 
 often as justice may require." Code, 5723. 
 
 SEC. 51. COUNTER-SHOWING AND DISCRETION OF THE 
 COURT. "All applications for continuance are addressed to the 
 sound legal discretion of the court, and, if not expressly pro- 
 vided for, shall be granted or refused, as the ends of justice 
 may require. And in all cases in the courts of the State, the 
 presiding judges may, in their discretion, admit a counter- 
 showing to a motion for a continuance, and, after a hearing, 
 may decide whether the motion shall prevail." Code, 5724. 
 
 SEC. 52. No CONTINUANCE FOR TERM, WHEN. "No con- 
 tinuance shall be granted in any of the courts in this State, 
 which have a continuous session for thirty days or more, over 
 the objection of the adverse party, where the cause for the same 
 can be obviated by a postponement to a later day during the 
 term; but it shall be the duty of the presiding judge, whenever 
 a motion and a proper showing for a continuance is made by 
 either party at any time, to set the case down for a later day 
 during the same term, if it shall be practicable thereby to avoid 
 the continuance of the case." Code, 5725. 
 
 SEC. 53. PUBLIC ANNOUNCEMENT OF CONTINUANCE TO BE 
 MADE, ETC. "The judges of the superior, city, and county 
 courts are required, upon the continuance of any case, to enter 
 the date of such continuance upon their dockets opposite each 
 case, and in open court to make public announcement of such 
 continuance." Code, 5726. 
 
 SEC. 54. No COSTS TO WITNESS AFTER CONTINUANCE. 
 "Witnesses in making claims or proofs of claims for costs for 
 attendance must give the date they attended, and shall not
 
 22 CONTINUANCES 
 
 charge or receive pay for any day after the docket shows the 
 case was continued, nor for any day before the continuance on 
 which he did not attend." Code, 5727. 
 
 SEC. 55. JUSTICE COURTS. "All continuances shall be from 
 term to term, except when in the discretion of the court it is 
 better to continue to a day or from day to day in the term for 
 which the case was assigned for trial." Code, 4698. 
 
 "If either party is not ready for trial at the time and place 
 designated in the summons, the justice or commissioned notary 
 public may continue the case upon a sufficient legal showing. 
 But neither party shall be entitled to more than one continuance, 
 unless it be from providential cause." Code, 4736. 
 
 SEC. 56. THE RULES AS TO CONTINUANCE. Cases are car- 
 ried to the higher courts where continuances are refused, and 
 we have decisions upon these. In those cases where the con- 
 tinuance is granted, there can not be any decision upon the 
 granting of a continuance by the higher courts, for the reason 
 that the case is still pending in the court below and can not be 
 carried there. For this reason, in the decided cases, it is only 
 incidentally as a matter of history that a reference is had to 
 cases that have been continued in the decisions in the upper 
 court. Unless a showing for continuance comes squarely within 
 some provision providing for a continuance, the matter of con- 
 tinuance is within the discretion of the presiding judge. It is 
 a fact that lawyers had better make their arrangements to try 
 cases rather than to continue them. The law favors the diligent 
 and where a party has been diligent and has done all that he 
 could to have a case ready for trial, a fair judge moved with 
 the desire to have a case tried on its merits, will, as a general 
 proposition, do about the right thing under the circumstances 
 and the matter not only is but should be left to his discretion. 
 
 SEC. 57. DISCRETION OF COURT. Application for continu- 
 ance and postponement of cases are addressed to the sound legal 
 discretion of the court ; and unless the facts show that the dis- 
 cretion exercised in a particular case was manifestly and legally 
 unsound, it will not be disturbed. Code, 5724. 
 
 SEC. 58. DILIGENCE. "Even if in a case at law the judge 
 has a discretion to continue a case more than one time for any 
 cause at the instance of the same party, it would have been an 
 abuse of discretion to grant a continuance in the present case;
 
 CONTINUANCES 23 
 
 and it was therefore error to sustain a ground of a motion for 
 a new trial assigning error upon the refusal to grant a con- 
 tinuance. 
 
 "The rule laid down in the Code with reference to a con- 
 tinuance for the non-return of interrogatories is as follows: 
 'When a commission issues to examine a witness, it not having 
 been returned shall be no cause for a continuance, unless the 
 party seeking the continuance will make the same oath of the 
 materiality of the testimony as in the case of an absent witness, 
 and the party must show due diligence in suing out and having 
 the same executed.' Civil Code, 5136. The showing in the 
 -present case seems to comply with the requirements of the law, 
 except as to the diligence exercised by the defendant in securing 
 the return of the interrogatories. We think it was fatally lack- 
 ing at this point. It was certainly not an act of diligence to 
 rely upon the opposite party to pay the fees of the commis- 
 sioners, even though such commissioners were nominated by 
 him. The law gives the right to the opposite party to select 
 two commissioners, one of whom must act in the execution of 
 the interrogatories; but we know of no law which authorizes 
 the party suing out the interrogatories taken out in his own 
 behalf. Even if the judge has any discretion to grant a second 
 continuance in a case at law, at the instance of the same party 
 (Civil Code, 5126), we think that the showing in this case was 
 insufficient, and that the granting of a new trial, which was in 
 effect the granting of a second continuance, was an abuse of 
 discretion." 123/110, 112 (51 S. E. 33). 
 
 "There was no abuse of discretion in refusing a continuance 
 for the purpose of enabling the defendant to procure the testi- 
 mony of witnesses residing in Boston, Massachusetts, the show- 
 ing for continuance indicating laches, since there was no effort 
 to procure this testimony until eight days before the case was 
 called for trial, and no reason was shown for this delay." 11 
 A pp. G45 (75 S. E. 1059). 
 
 SEC. 59. ILLNESS OF PARTY. "The grant or refusal of a 
 continuance is a matter addressed to the sound discretion of 
 the presiding judge ; and his decision will not be reversed, unless 
 such discretion has been abused. 
 
 "Under the facts of this case, there was no error in refusing 
 a continuance. 
 
 "The grant or refusal of a continuance is a matter as to 
 which the presiding judge must exercise a sound discretion ; 
 and his decision will not bo reversed, unless such discretion has
 
 24 CONTINUANCES 
 
 been abused. It was not so in this case. The motion to con- 
 tinue was based on the ground that J. L. Gable, one of the 
 defendants, and who was also desired as a witness for the other 
 two defendants, and had been subpoenaed by them, was sick 
 and unable to attend the trial. The evidence offered in support 
 of the motion was an unsworn certificate of a doctor that Gable 
 was sick and unable to attend the trial, and the testimony of 
 one of the defendants, Biles, that on the morning of the day 
 before the trial, J. L. Gable was sick in bed, that it was ex- 
 pected to prove by him that J. E. Gable was of sound mind 
 when he made the deed involved in the controversy, that he 
 received value for the land, and that when it was conveyed by 
 J. L. Gable to Hardy and Biles, they paid full value therefor, 
 and there was no collusion on the subject. It was stated that 
 J. L. Gable was not absent by leave or consent of the other two 
 defendants, that they expected to have him present at the next 
 term of the court, that the motion was not made for delay only, 
 but for the purpose of procuring his testimony, and that they 
 had no other witness at court by whom they could prove these 
 facts, and no other witness as intimately and well acquainted 
 with J. E. Gable as J. L. Gable was. Counsel for the defend- 
 ants stated that he could not go safely to trial without the 
 presence of the absent defendant. It appeared, however, that 
 the case was continued at the preceding term of the court on 
 account of the absence of the same defendant and witness ; that 
 ho was a practising physician ; and that no effort had been made 
 to procure his testimony by interrogatories. The presiding 
 judge had before him the case, the parties, the situationj and 
 the surrounding and attendant circumstances. He declined to 
 grant a second continuance for the absence of the same witness, 
 who was also a party, and whose evidence could have been taken 
 by interrogatories, but was not so taken. In this, we can not 
 say that he erred. The suit was commenced on August 29, 
 1905. Some nineteen months had elapsed, and at least a part 
 of the delay had been caused by the same party and witness. 
 Civil Code, sections 5126, 5138, 5135, 5297 and subsection 2 ; 
 Purge vs. Hamilton, 72 Ga. 570 (lOa) ; Camp vs. Britt, 121 
 Ga. 466 (49 S. E. 296)." 130/689-691 (61 S. E. 595). 
 
 "That a party was providentially prevented from attending 
 court, and that her counsel stated in his place that he could not 
 go safely to trial without her presence, was not, without more, 
 sufficient to constrain the trial judge to grant to such party a 
 fifth continuance, when it appeared that at least three of the
 
 CONTINUANCES 25 
 
 previous continuances had been predicated upon her absence on 
 account of sickness. Certainly under such circumstances, the 
 question of granting another continuance was, even under sec- 
 tion 5131 of the Civil Code, a matter within the discretion of 
 the judge. See, in this connection, Mitchell vs. Mitchell, 40 
 Ga. 11." 110/274 (34 S. E. 600). 
 
 "Both as to the refusal of the court to grant another con- 
 tinuance on account of the illness of one of the parties defendant, 
 and as to the direction of a verdict in favor of the plaintiff, this 
 case is controlled by the decision of this court in Stanford vs. 
 Security Co., 110 Ga. 274 (34 S. E. 600). Not only does it 
 appear that the case had several times been continued because 
 of the illness of this party, but that at the preceding term the 
 court had announced that the case would not be again continued 
 on that account, and that interrogatories for him should be 
 sued out if his testimony was desired." 121/466 (49 S. E. 
 286). 
 
 SEC. 60. ILLNESS OF COUNSEL. "A motion for continuance 
 on the ground of counsel's illness, like all other motions of the 
 same nature, is addressed to the sound discretion of the court. 
 When counsel whose illness is the ground of the motion is in 
 court, and personally makes the motion, the court may take into 
 consideration his physical appearance and the mental and physi- 
 cal vigor displayed in making the motion, in determining 
 whether the ends of justice require a continuance of the case. 
 Where such a motion is overruled, and the case is conducted to 
 a conclusion by the same counsel, and the court certifies that 
 the case was managed with his usual ability, the reviewing 
 court can not say that the trial court abused his discretion in 
 refusing to continue the case on this account." 141/594 (81 
 S. E. 849). 
 
 SEC. 61. ABSENCE or WITNESS. "Motions for continuance 
 are in the discretion of the presiding judge, and unless that 
 discretion has been abused and the ends of justice demand it, 
 this court will not interfere with the ruling of the court below. 
 
 "It will not necessitate a new trial that the court refused a 
 continuance, on the ground that a witness had not been exam- 
 ined by interrogatories and was under promise to be present 
 and her presence was desirable, where it appears that such 
 witness was desired to testify on the question of undue influ- 
 ence, and that if her testimony were had, it would not, and 
 ought not, to change the verdict.
 
 26 CONTINUANCES 
 
 "We hesitated much on the denial of the continuance, in 
 view of the fact that some heirs at law had but recently been 
 made parties, and one witness on the question of undue influence 
 had not been examined by interrogatories, and was under prom- 
 ise to be present, and her presence was very desirable, as stated 
 by counsel. But in the light of the rule that motions to con- 
 tinue are much within the discretion of the presiding judge, 
 and unless that discretion has been abused and the ends of 
 justice demand it, the rule is inflexible that this court will not 
 interfere, and having carefully examined the evidence which 
 counsel hoped to procure, and failing to see a probability of a 
 change of -the verdict on undue influence, or that there ought 
 to be a change of it on that evidence, we do not see how, without 
 departing, from a long current of authority from First Kelly 
 down, we can control the discretion of the presiding judge. Nor 
 do we see that the other point is stronger, to wit, that certain 
 clients had just been made parties. They lived in other states ; 
 they could not have been of much use on the issue of undue 
 influence ; most, if not all, were infants ; the great issue in the 
 case was upon legal questions on the admissibility of the testi- 
 mony of Mr. Alexander, on the admissibility of testator's state- 
 ments, on the words and figures of the will and codicil, whether 
 plain or ambiguous, upon which questions it is quite difficult 
 to see how strangers and infants could throw' much light and 
 contribute much strength to so able an array of counsel as rep- 
 resented the caveators, especially as it is not hinted that either 
 absent client was a lawyer." 72/570, 636. 
 
 "Where a motion is made to continue the trial of a case 
 because of the absence of a witness, the judge may consider the 
 evidence expected to be given by the absent witness, in connec- 
 tion with the pleadings, for the purpose of determining the 
 materiality of the evidence, and if he finds that the testimony 
 of the absent witness would be either immaterial or inadmissi- 
 ble, he should refuse the motion. The plea in this case made 
 the testimony of the absent witness immaterial as to some part 
 of it, and inadmissible as to the other part, and there was no 
 error in refusing the continuance. Richter vs. State, 4 Ga. 
 App. 274 (61 S. E. 147) ; Butler vs. Ambrose, 51 Ga. 152." 
 10 App. 415 (73 S. E. 350). 
 
 When the postponement of a case was requested on the ground 
 of the absence of a witness served with a subpoena duces tecuin, 
 it was not abuse of discretion to refuse the request, when it
 
 CONTINUANCES 27 
 
 appeared that the witness was a resident of the county and was 
 not served with the subpoena duces tecum ten days prior to the 
 trial of the case. Code, 5844. 
 
 SEC. 62. ABSENCE OF COUNSEL. "The postponement of the 
 trial of a case to a later date in the term is in the sound dis- 
 cretion of the judge, and his refusal to postpone will not^ be 
 controlled unless his discretion is manifestly abused. Lyles 
 vs. State, 130 Ga. 294 (60 S. E. 578). 
 
 "The postponement of the trial of a case on account of the 
 absence of counsel therein, who is, without leave, engaged in 
 the trial of a case in a court of a different circuit is in the 
 discretion of the court, and a postponement for such case is not 
 favored." 137/209 (73 S. E. 400). 
 
 "The postponement of the trial of a case on account of the 
 absence of counsel therein, who is, without leave, engaged in 
 the trial of a case in a court of a different circuit, is in the 
 discretion of the court, and a postponement for such cause is 
 not favored. Kennedy vs. Dukes, 137/209 (73 S. E. 400). 
 Especially is this true where at a previous trial this attorney, 
 for whose absence without leave another postponement is asked, 
 agreed with the trial court, that if another postponement was 
 had, he would be certain to try the case at the next term." 12 
 App. 22 (76 S. E. 751). 
 
 SEC. 63. ABSENCE or PAETY. "Where it is uncontradicted 
 that the absence of a party to a cause is due to the fact that he 
 is at home, where his presence is necessary, for the reason that 
 'his wife is likely to be confined at any minute,' and his counsel 
 makes the requisite statement that he (counsel) can not safely 
 go to trial without the presence of the absent party, and espe- 
 cially when it is shown, in addition, that the absent party is a 
 material witness, the ends of justice require that a continuance 
 be had. Civil Code (1910), 5717. Under such circumstances, 
 the continuances of such a party are not exhausted, although 
 the case may previously have been continued by reason of the 
 absence of his counsel in the General Assembly, and in another 
 instance continued by agreement. The judge erred in refusing 
 to continue the case, and the subsequent proceedings in the trial 
 were therefore nugatory." 11 App. 495 (75 S. E. 841). 
 
 "The showing for a continuance, in so far as it related to the 
 application made by counsel for one of the several defendants, 
 and which was based on the absence of their client, being in all 
 respects regular and complete, and there being no counter show-
 
 28 CONTINUANCES 
 
 ing, and it not appearing from the bill of exceptions or the 
 record that any previous continuance had been granted the 
 defendant, or that the case could proceed to trial against the 
 other defendants alone, it was error to overrule the motion to 
 continue, made by counsel on the ground of their client's 
 absence." 116/211, 215 (42 S. E. 519). 
 
 "It appearing, without contradiction, that one of the parties 
 to the cause was detained at his home on account of the extreme 
 illness of his child, and that his attendance upon the child was 
 necessary, it was error to refuse to continue the case, after his 
 counsel had stated in effect that his presence was absolutely 
 necessary to enable counsel to proceed with the trial." 13 App. 
 135 (78 S. E. 860). 
 
 "The ground of the so-called motion for a new trial, relating 
 to the absence of the movant when the case was tried, was in 
 effect a motion to set aside judgment, made at the term at which 
 the judgment was rendered ; and since it was shown to the court 
 that the defendant was providentially prevented from attending 
 court, by an illness which rendered it impossible for her to 
 leave her home, and that she had previously filed a meritorious 
 defense, which, if supported by evidence, would have relieved 
 her from any liability upon the notes which were the basis of 
 the suit, the judgment should have been set aside, in order that 
 the defendant might be heard on the substantial issue raised 
 by the pleadings. 
 
 "Proof that the defendant was a married woman who was 
 not separated from her husband, was, without more, not suffi- 
 cient to disprove or impeach the statement in her affidavit that 
 she had no one by Avhom she could send a physician's certificate 
 or otherwise notify her counsel that she was physically unable 
 to attend the court. Even if there be a presumption that every 
 husband does his duty, the duty of making a showing for a 
 continuance for his wife in a suit upon a note, evidencing a 
 debt which was originally the debt of the defendant's first 
 husband, is not imposed by law upon the second husband as the 
 successor to the marital offices of his predecessor." 13 App. 
 347 (79 S. E. 184). 
 
 SEC. 64. SURPRISE. "Material amendments to the plead- 
 ings, made pending trial, may entitle the defendant to a con- 
 tinuance upon the ground of surprise. In such cases, the party 
 should formally move the court for a continuance, and declare 
 that he is surprised and less ready to proceed with the trial ; 
 whereupon the court, looking to the nature of the amendment
 
 CONTINUANCES 29 
 
 and to all the history of the case, should exercise a sound dis- 
 cretion in refusing or granting a postponement or continuance. 
 Such a discretion is reviewable; and in this case no abuse 
 appears." 4 App. 61, 62 (60 S. E. 810). 
 
 "At the opening of the trial, the plaintiff offered a slight 
 amendment to the petition, for the purpose of avoiding the 
 effect of certain special demurrers which had been filed. The 
 court allowed the amendment. One of the attorneys for the 
 defendant thereupon stated that he was surprised, and moved 
 a continuance of the case. The judge stated that the court 
 would pass the case till a later day during the term ; this post- 
 ponement the defendant declined. The court asked counsel to 
 state specifically wherein he was surprised; but counsel chose 
 to stand upon his previous general statement that he was sur- 
 prised. 'When any amendment shall be made to the pleadings 
 or other proceedings in the cause, if the opposite party will 
 make oath, or his coimsel state in his place, that he is surprised 
 by such amendment, and that he is less prepared for trial, and 
 how, than he would have been if such amendment had not been 
 made, and that such surprise is not claimed for the purpose of 
 delay, the case may be continued in the discretion of the judge, 
 and charged to the amending party.' Civil Code, 5128 [5714]. 
 From a perusal of the terms of the statute just quoted, it is 
 palpable that there was no error in refusing a continuance 
 under the circumstances. Indeed, after examining the amend- 
 ment, we are satisfied that the surprise expressed was of that 
 purely technical nature that does not admit of investigation 
 under the proving of 'how and why.' ' 4 App. 276, 279 (61 
 S. E. 505). 
 
 "A motion for continuance based upon the ground of surprise 
 is effective unless the court is advised in the showing for con- 
 tinuance wherein and in what respect the movant is not pre- 
 pared to proceed with the trial, and how or why he will be 
 better prepared to meet the issue in the event the court should 
 continue the case upon his motion." 12 App. 837, 838 (79 
 S. E. 58). 
 
 "Afotions for continuances on the ground -of surprise occa- 
 sioned by an amendment, to the opposite party's petition are 
 addressed to the sound legal discretion of the trial judge. It 
 will never be held to be an abuse of discretion to overrule a 
 motion for continuance based on this ground, when neither the 
 movant nor his counsel states how and wherein he is less pre- 
 pared to go on with the trial, so as to give the court an oppor-
 
 30 CONTINUANCES 
 
 tunity to exercise a sound legal discretion. Civil Code (1910), 
 5714; G. F. & A. Ry Co. vs. Sasser, 4 Ga, App/276." 11 
 App. 358 (75 S. E. 518). 
 
 "Upon the allowance of the amendment, the defendant moved 
 for a continuance on account of it. Movant did not comply 
 with the statute which requires him to state on oath, or his 
 counsel to state in his place, that he is surprised by such amend- 
 ment and that he is less prepared for trial, and how, than he 
 would have been if such amendment had not been made, and 
 that such surprise is not claimed for the purpose of delay. 
 Motions of this kind are in the discretion of the judge (Civil 
 Code, 5714), and there was no abuse of discretion in over- 
 ruling the motion." 139/395 (77 S. E. 557). 
 
 "The copy of the note sued on, attached to the petition, con- 
 tained the clause that it was payable 'at the 4th National 
 Bank of Atlanta, Ga., for value received, with interest after 
 date until paid, at 8% per annum.' By an amendment to the 
 petition, this clause was stricken, and in lieu thereof the follow- 
 ing inserted: 'At the 3rd National Bank of Atlanta, Ga., for 
 value received, with interest at 6% per annum,' etc. (1) The 
 amendment was properly allowed. Chapman vs. Skellie, 65 
 Ga. 125 (1). (2) Overruling a motion to continue on the 
 ground of surprise because of the allowance of the amendment 
 was not an abuse of discretion in the absence of a showing that 
 the movant was less prepared to go to trial. Ga. Fla. & Ala. 
 By. Co. vs. Sasser, 4 Ga. App. 276 (2) (61 S. E. 505)." 10 
 App. 522 (73 S. E. 854). 
 
 SEC. 65. MOTION FOR NEW TRIAL. "A rule nisi was granted 
 on a motion for a new trial and ordered served, and the motion 
 set to be heard at the next regular term of the court, and when 
 it was duly called at that time, it appeared that the rule nisi 
 had not been served, nor service waived, and no excuse for 
 failure to serve was shown. Held, that the judge did not abuse 
 his discretion in dismissing the motion for want of service. 
 McMullen vs. Citizens Bank, 123 Ga. 400 (51 S. E. 342); 
 Smedley vs. Williams, 112 Ga. 114 (37 "S. E. Ill) ; Connor 
 vs. State, 7 Ga. App. 83 (66 S. E. 482)." 13 App. 595 (79 
 S. E. 482). 
 
 SEC. 66. JOINT PARTIES. "A joint obligor has the right to 
 require contribution on the part of his co-principals, towards a 
 payment required of him, but for which each obligor is equally 
 liable. Consequently, an action upon a promissory note, brought
 
 CONTINUANCES 31 
 
 against two or more defendants, as joint makers, can not, with- 
 out the consent of all the parties, be tried piecemeal; and a 
 showing for continuance which requires a postponement as to 
 one of the joint obligors operates to continue the case as a whole 
 and as to all of the defendants.". 4 App. 368 (61 S. E. 516). 
 
 SEC. 67. AGREEMENT OF COUNSEL. "The discretion of the 
 justice of the peace in refusing to grant a continuance of a case, 
 on the written agreement of the attorneys for both parties that 
 the case should be continued, will not be interfered with by this 
 court, especially when the exercise of such discretion by the 
 justice of the peace has, on certiorari, been approved by the 
 judge of the superior court." 1 App. 221 (57 S. E. 915). 
 
 SEC. 68. CONSENT TO TKIAL. "In a justice's court a suit 
 upon an unconditional contract in writing may be tried at the 
 first term, although a plea be filed, if the plaintiff be present 
 and willing to proceed to trial. Even at the first term, the 
 defendant can not continue the case as a matter of right. 
 
 "This decision is conversant merely about the meaning of 
 one word the w r ord 'consenting.' The plaintiff sued in a jus- 
 tice's court upon an unconditional contract in writing. The 
 defendant's counsel appeared at the first term and filed what 
 amounted to a plea of the general issue. The plaintiff insisted 
 upon an immediate trial of the case, and the court, over objec- 
 tion of defendant's counsel allowed him to proceed. He ob- 
 tained a judgment, and the defendant sought by certiorari to 
 set the same aside, and the ground that under the law the case 
 was not triable, over his objection at the first term. The judge 
 of the superior court overruled the certiorari, and error is 
 assigned to that ruling. 
 
 "Civil Code, 4133-4135, governing the practice in such 
 cases, are as follows : 
 
 " '4133. All cases before a justice of the peace stand for 
 trial at the time and place designated in the summons, and shall 
 be then and there tried, unless continued according to law. 
 
 " '4134. Whenever the defendant in the justices' courts on 
 an unconditional contract in writing makes defense, he shall 
 make such defense at the first term. 
 
 " '4135. When such defense is thus made, the cause shall 
 stand for trial at the next term (subject, however, to continu- 
 ance as provided by law) ; provided, that said cause may be
 
 32 EVIDENCE 
 
 tried at the term when said plea is filed, if the plaintiff or his 
 attorney is present consenting thereto.' ' 2 App. 137 (58 
 S. E. 307). 
 
 "The defendant was not entitled to a continuance of the case 
 on the ground of surprise caused by the amendment, where he 
 failed to comply with the requirements of the Civil Code, 5714, 
 by stating that he was not only surprised, by such amendment, 
 but that he was less prepared for trial, and how, than he would 
 have been if such amendment had not been made, etc." 143/786 
 (85 S. E. 1036). 
 
 CHAPTER IV 
 
 EVIDENCE. 
 
 SECTION 69. SCOPE OF CHAPTER. It could not be expected 
 that there would be given here the law of evidence beyond the 
 procedure. Evidence itself would make a volume. However, 
 as a part of procedure, there will be given some general princi- 
 ples. 
 
 SEC. 70. DEFINITION OF EVIDENCE. Evidence is the "means 
 by which any fact which is put in issue, is established or dis- 
 proved." 10/567. 
 
 " 'The word evidence, in legal acceptation, included all the 
 means by which any alleged matter of fact, the truth of which 
 is submitted to investigation, is established or disproved. This 
 term and the word proof are often used indifferently as synon- 
 ymous with each other; but the latter is applied by the most 
 accurate logicians to the effect of evidence, and not to the 
 medium by which truth is established.' Greenleaf Ev., vol. 1, 
 sec. 1." 77/181, 190 (3 S. E. 199). 
 
 SEC. 71. OBJECT OF EVIDENCE. "The object of all legal 
 investigation is the discovery of truth. The rules of evidence 
 are framed with a view to this prominent end, seeking always 
 for pure sources and the highest evidence." Code, 5728. 
 
 SEC. 72. SUNDRY DEFINITIONS. "Competent evidence is 
 that which is admissible. Sufficient evidence is that which is 
 satisfactory for the purpose. Cumulative evidence is that which 
 is additional to other already obtained. Direct evidence is that 
 which immediately points to the question at issue. Indirect or 
 circumstantial evidence is that which only tends to establish the
 
 EVIDENCE 33 
 
 issue by proof of various facts, sustaining by their consistency 
 the hypothesis claimed. Presumptive evidence consists of infer- 
 ences drawn by human experience from the connection of cause 
 and effect, and observation of human conduct." Code, 5729. 
 
 SEC. 73. AMOUNT OF MENTAL CONVICTION. "Moral and 
 reasonable certainty is all that can be expected in legal investi- 
 gation. In all civil cases the preponderance of testimony is 
 considered sufficient to produce mental conviction. In criminal 
 cases a greater strength of mental conviction is held necessary 
 to justify a verdict of guilty." Code, 5730. 
 
 SEC. 74. PREPONDERANCE OF EVIDENCE. "By preponder-' 
 ance of evidence is meant that superior weight of evidence upon 
 the issues involved, which, while not enough to wholly free the 
 mind from a reasonable doubt, is yet sufficient to incline a rea- 
 sonable and impartial mind to one side of the issue, rather than 
 to the other." Code, 5731. 
 
 SEC. 75. How DETERMINED. "In determining where the 
 preponderance of evidence lies, the jury may consider all the 
 facts and circumstances of the case, the witnesses' manner of 
 testifying, their intelligence, their means and opportunity for 
 knowing the facts to which they testified, the nature of the facts 
 to which they testified, and the probability or improbability of 
 tbeir testimony, their interest or want of interest, and also their 
 personal credibility so far as the same may legitimately appear 
 from the trial. The jury may also consider the number of the 
 witnesses, though the preponderance is not necessarily with the 
 greater number." Code, 5732. 
 
 SEC. 76. SAME RULES IN ALL COURTS AND CASES. "Gener- 
 ally the rules of evidence are the same in all the courts of this 
 State, and upon every trial the exceptions exist only by express 
 statute." Code, 5733. 
 
 SEC. 77. MATTERS JUDICIALLY RECOGNIZED. "The exist- 
 ence and territorial extent of States, their forms of government, 
 and symbols of nationality, the laws of nations, and general 
 customs of merchants, the admiralty and maritime courts of 
 the world and their seals, the political constitution and history 
 of our own government, as well as the local divisions of our own 
 State, the seals of the several departments of the government 
 of the United States, and of the several States of the Union, 
 and all similar matters of public knowledge are judicially recog- 
 nized without the introduction of proof." Code, 5734.
 
 34 EVIDENCE 
 
 SEC. 78. PRESUMPTIONS OF LAW AND FACT. "Presump- 
 tions are either of law or of fact. The former are conclusions 
 and inferences which the law draws from given facts. The 
 latter are exclusively questions for the jury, to be decided by 
 the ordinary test of human experience." Code, 5735. 
 
 SEC. 79. ESTOPPELS. "Presumptions of law are sometimes 
 conclusive, and an averment to the contrary will not be allowed. 
 These are termed estoppels, and are not generally favored. 
 Among these are the presumptions in favor of a record or judg- 
 ment unreversed; of the proper conduct of courts and judicial 
 officers acting within their legitimate sphere; of other officers 
 of the law, after lapse of time has rendered it dangerous to open 
 the investigation of their acts in regard to mere formalities of 
 the law; of ancient deeds, and other instruments more than 
 thirty years old, when they come from the proper custody, and 
 possession has been held in accordance with them; recitals in 
 deeds, except payment of purchase-money, as against the grantor 
 acting in his own right, and sui juris, and his privies in estate, 
 blood, and in law; the landlord's title, as against his tenant, 
 while tenant in possession ; solemn admissions made in judicio, 
 and other admissions upon which other parties have acted, either 
 to their own injury or the benefit of the persons making the 
 admissions; and similar eases where it would be more unjust 
 and productive of more evil to hear the truth than to forbear 
 the investigation." Code, 5736. 
 
 SEC. 80. PRIMA FACIE PRESUMPTIONS. "Other presump- 
 tions of law, such as of innocence, and in some cases of guilt, 
 of continuance of life for seven years, of a mental state once 
 proved to exist, and all similar presumptions, may be rebutted 
 by proof." Code, 5740. 
 
 SEC. 81. JURY RIGHT TO INFER, WHAT. "In arriving at 
 a verdict, the jury from facts proved, and sometimes from the 
 absence of counter-evidence, may infer the existence of other 
 facts reasonably and logically consequent on those proved." 
 Code, 5743. 
 
 SEC. 82. MUST BE RELEVANT. "The evidence must relate 
 to the questions being tried by the jury, and bear upon them 
 either directly or indirectly. Irrelevant matter should be ex- 
 cluded." Code, 5744. 
 
 SEC. 83. CHARACTER AND CONDUCT OF PARTIES. "The gen- 
 eral character of the parties, and especially their, conduct in
 
 EVIDENCE 35 
 
 other transactions, are irrelevant matter, unless the nature of 
 the action involves such character and renders necessary or 
 proper the investigation of such conduct." Code, 5745. 
 
 SEC. 84. BURDEN or PROOF. "The burden of proof gener- 
 ally lies upon the party asserting or affirming a fact, and to the 
 existence of whose case or defense the proof of such fact is 
 essential. If a negation or negative affirmation be so essential, 
 the proof of such negative lies on the party so affirming it." 
 Code, 5746. 
 
 SEC. 85. CHANGING ONUS. "What amount of evidence will 
 change the onus or burden of proof, is a question to be decided 
 in each case by the sound discretion of the court." Code, 5747. 
 
 SEC. 86. BEST EVIDENCE. "The best evidence which exists 
 of the fact sought to be proved must be produced, unless its 
 absence is satisfactorily accounted for." Code, 5748. 
 
 SEC. 87. FAILURE TO PRODUCE EVIDENCE. "Where a party 
 has evidence in his power and within his reach, by which he may 
 repel a claim or charge against him, and omits to produce it, or, 
 having more certain and satisfactory evidence in his power, 
 relies on that which is of a weaker and inferior nature, a pre- 
 sumption arises that the charge or claim is well founded ; but 
 this presumption may be rebutted." Code, 5749. 
 
 SEC. 88. PRIMARY AND SECONDARY EVIDENCE. "Primary 
 evidence is such as in itself does not indicate the existence of 
 other and better proof. Secondary evidence is such as from 
 necessity in some cases is substituted for stronger and better 
 proof." Code, 5750. 
 
 SEC. 89. POSITIVE AND NEGATIVE TESTIMONY. "The ex- 
 istence of a fact testified to by one positive witness is to be 
 believed, rather than that such fact did not exist because many 
 witnesses who had the same opportunity of observation swear 
 that they did not see or know of its having transpired. This 
 rule does not apply when, two parties having equal facilities for 
 seeing or Hearing a thing, one swears that it occurred, the other 
 that it did not." Code, 5751. 
 
 SEC. 90. WRITTEN EVIDENCE. "Written evidence is con- 
 sidered of higher proof than oral ; and in all cases where the 
 parties have reduced their contract, agreement, or stipulation 
 to writing, and assented thereto, it is the best evidence of the 
 same." Code, 5752.
 
 36 EVIDENCE 
 
 SEC. 91. WILLS AND RECORDS. "Copies of records of judi- 
 cial proceedings, and wills admitted to probate, are admitted 
 as primary evidence, when properly authenticated. In all other 
 cases a copy is secondary evidence." Code, 5753. 
 
 SEC. 92. OFFICER DE FACTO. "An officer de facto may be 
 proved by his acts, without the production of his commission or 
 appointment." Code, 5754. 
 
 SEC. 93. STERN'S UNITED STATES AND STAFFORD'S OFFICE 
 CALENDAR. "Stem's United States calendar and Stafford's office 
 calendar are admissible, in proof of dates for the space of time 
 covered respectively by them, without further proof." Code, 
 5755. 
 
 SEC. 94. ROSTER OF GEORGIA SOLDIERS AS EVIDENCE. 
 "When the roster of Georgia soldiers, sailors, and marines who 
 served in any part of the army of the State, or the navy thereof, 
 from 1861 to the surrender in 1865, shall be completed and 
 certified by the majority of the board of the Georgia Soldier 
 Roster Commission, as prescribed by law, it shall be accepted 
 an prima facie evidence of the truth thereof." Code-, 5756. 
 
 SEC. 95. INSCRIPTIONS ON MONUMENTS, ETC. "Inscrip- 
 tions on walls, monuments, and other fixed objects may be proved 
 by copies established as such." Code, 5757. 
 
 SEC. 96. OTHER EXCEPTIONS. "Other cases of necessity or 
 manifest convenience, resting on like principles of reason and 
 justice, may be made exceptions to the general rule." Code, 
 5758. 
 
 SEC. 97. SECONDARY EVIDENCE, WHEN ADMITTED. "In 
 order to admit secondary evidence, it must appear that the pri- 
 mary evidence for some sufficient cause, is not accessible to the 
 diligence of the party. This showing is made to the court, who 
 will hear the party himself on the question of diligence and the 
 inaccessibility of the primary evidence." Code, 5759. 
 
 SEC. 98. DEGREES THEREIN. "There are degrees in secon- 
 dary evidence, and the best should always be produced. Thus 
 a duplicate is better than a copy, and an examined copy than 
 oral evidence." Code, 5760. 
 
 SEC. 99. EXISTENCE OF ORIGINAL. "The existence of a 
 genuine original is essential to the admissibility of a copy. The 
 amount of evidence to show such existence must vary with the 
 circumstances of each case. Where no direct issue is made upon 
 the fact, slight evidence would be sufficient." Code, 5761.
 
 EVIDENCE 37 
 
 Ssc. 100. HEABSAY EVIDENCE. ''Hearsay evidence is that 
 which does not derive its value solely from the credit of the 
 witness, but rests mainly on the veracity and competency of 
 other persons. The very nature of the evidence shows its weak- 
 ness, and it is admitted only in specified cases from necessity." 
 Code, 5762. 
 
 SEC. 101. SOMETIMES ORIGINAL EVIDENCE. "When, in a 
 legal investigation, information, conversations, letters and re- 
 plies, and similar evidence are facts to explain conduct and 
 ascertain motives, they are admitted in evidence, not as hearsay, 
 but as original evidence." Code, 5763. 
 
 SEC. 102. PEDIGREE, How PROVED. "Pedigree, including 
 descent, relationship, birth, marriage, and death, may be proved 
 either by the declarations of deceased persons related by blood 
 or marriage, or by general repute in the family, or by genealo- 
 gies, inscriptions, 'family trees,' and similar evidence." Code, 
 5764. 
 
 SEC. 103. PROOF OF IDENTITY. "Concordance of name 
 alone is some evidence of identity. Residence, location, owner- 
 ship of property, and other like facts may be proved. Reason- 
 able certainty is all that can be required. In civil suits parties 
 are generally relieved from the onus of proving identity, as it 
 is a fact generally more easy to disprove than to establish." 
 Code, 5765. 
 
 SEC. 104. RES GESTAE. "Declarations accompanying an 
 act, or so nearly connected therewith in time as to be free from 
 all suspicion of device or afterthought, are admissible in evidence 
 as part of res gestae." Code, 5766. 
 
 SEC. 105. DECLARATIONS OF PERSONS IN POSSESSION. "Dec- 
 larations of a person in possession of property, in disparagement 
 of his own title, are admissible in evidence in favor of any one, 
 and against privies. Declarations in favor of his own title are 
 admissible to prove his adverse possession." Code, 5767. 
 
 SEC. 106. OF DECEASED PERSONS. "The declarations and 
 entries of a person, since deceased, against his interest, and not 
 made with a view to pending litigation, are admissible in evi- 
 dence in any case." Code, 5768. 
 
 SEC. 107. BOOKS OF ACCOUNT. "The books of account of 
 any merchant, shopkeeper, physician, blacksmith, [farmer,
 
 38 EVIDENCE 
 
 dairyman, planter] or other person doing a regular businese and 
 keeping daily entries thereof may be admitted in evidence as 
 proof of such accounts, upon the following conditions. 
 
 "1. That he kept no clerk, or else the clerk is dead or other- 
 wise inaccessible, or for any other reason the clerk is disqualified 
 from testifying. 
 
 "2. Upon proof (the party's oath being sufficient) that the 
 book tendered is his book of original entries. 
 
 "3. Upon proof (by his customers) that he usually kept 
 correct books. 
 
 "4. Upon inspection by the court, to see if the books are 
 free from any suspicion of fraud." Park's Annotated Code, 
 1914, 5769. 
 
 This law was founded on the Act of December 23, 1843, 
 which was in this language: "that from and after the passing 
 of this Act physicians, blacksmiths and all other persons in the 
 practice of any regular craft, shall be allowed to sue for and 
 recover judgment in the civil courts of law in this State on 
 open accounts in their favor upon the production and proof of 
 their books of account in the same manner and on the same 
 terms as is now authorized by existing law in cases where trades- 
 men, and merchants are parties plaintiff in said court." The 
 Code of 1861 has this law in this form: "The book of accounts 
 of any merchant, shop-keeper, physician, blacksmith or other 
 person doing a regular business and keeping daily entries thereon, 
 may be admitted in evidence as proof of such accounts upon 
 the following condition." 
 
 This law remained in the Code with little alteration until the 
 Act of 1910, which added "farmer, dairyman and planter," so 
 that it now reads: "The books of account of any merchant, 
 shop-keeper, physician, blacksmith, farmer, dairyman, planter 
 or other person doing a regular business and keeping daily 
 entries thereof may be admitted in evidence as proof of such 
 account, upon the following condition :" 
 
 In some of the early decisions, the word "craft" is used as 
 defining or limiting those whose books could go in evidence 
 under this law. It will be seen that this is stricken out now, 
 and under the decision in 113 Ga. 262 (38 S. E. 834), "Books 
 of account other than those doing a regular business and keep- 
 ing daily entries thereof who are not merchants, shop-keepers, 
 physicians or blacksmiths, are not admissible to prove an ac- 
 count." Since this decision, the Act of 1910 was passed, and in 
 the enumeration there would be added "fanner, dairyman,
 
 EVIDENCE 39 
 
 planter," and of course all others doing a regular business and 
 making daily entries could prove their accounts in the same 
 way. 
 
 SEC. 108. PROOF OF CORRECTNESS OF BOOKS, "To author- 
 ize a recovery upon shop books, where the entries are made in 
 the hand-writing of the party, the plaintiff, among other things, 
 must prove by his customers, that he kept correct books. And 
 it is no compliance with the rule, for the witnesses to state, that 
 they considered their accounts reasonable admitting, at the 
 same time, that they had never examined the items, and could 
 not say that the services charged were actually rendered. 
 
 "Before the books of the party can be admitted in evidence, 
 they are to be submitted to the inspection of the court ; and if 
 they do not appear to be a register of the daily business of the 
 party, and to have been honestly and fairly kept, they are to 
 be excluded. Explanatory evidence may be offered ; and if the 
 objections are prima facie accounted for, the books should be 
 submitted to the jury letting the objections go, under the 
 charge of the court, to their credit, rather than to their com- 
 petency. 
 
 "Books, per se, are not sufficient to charge the defendant with 
 the debts and accounts of third persons." 8/74. 
 
 SEC. 109. PRESUMPTION OF SALE OF GOODS. "The plaintiff 
 brought suit against defendant on account, in which were charged 
 articles as sold to defendant 'per Pate' and 'per' others. In 
 proof of the account, plaintiff introduced his book of original 
 eu tries in evidence, and proved that he kept correct books ; 
 
 "Held, in the absence of proof to the contrary, that the pre- 
 sumption was that the goods so charged were sold to defendant." 
 31/346. 
 
 SEC. 110. PERSON TO WHOM GOODS WERE CHARGED. "The 
 suit being upon an open account, and the defense being that the 
 goods were purchased by the defendant's father and should have 
 been charged to him, evidence of the plaintiff's clerk that the 
 defendant proposed to him to open an account, that the witness 
 replied that he would see the plaintiff about it, that he did see 
 the plaintiff who authorized him to let defendant have the goods 
 desired, was admissible, although such authority was given in 
 the absence of the defendant. 
 
 "Had such evidence been rejected, it would not have altered 
 the result in this case.
 
 40 EVIDENCE 
 
 "The plaintiff's books were admissible to show to whom the 
 goods were in fact charged. 
 
 "They were also admissible to show the sale of some of the 
 goods, which was made and entries thereof written by the 
 plaintiff himself; the books having been proved to be books of 
 original entry and correctly kept, that the plaintiff had a clerk 
 would not render such entries inadmissible. 
 
 "Nor were they rendered inadmissible by the fact that the 
 books had formerly been used by a firm of which plaintiff was 
 a member, and after the retirement of the other partner, had 
 continued to be used by the plaintiff. Nor does it matter that 
 they were identified by a clerk and not by the plaintiff himself. 
 
 "Where, one opened an account for groceries to be furnished 
 to his father, the duty was upon him to notify the grocer when 
 he refused to be longer responsible, and was not on the latter to 
 refuse further credit without additional authority." 66/211, 
 212. 
 
 SEC. 111. REFRESHING RECOLLECTION FKOM BOOKS. "The 
 evidence as set out in the answer of the magistrate was sufficient 
 to authorize the Verdict in the plaintiff's favor. It was not 
 erroneous to refuse to reject testimony of the plaintiff and his 
 clerk, that they had refreshed their recollection as to the cor- 
 rectness of the account by examination of the books in which 
 the account was charged, and, after having so refreshed their 
 recollection, they would swear that the account was correct." 
 14 App. 244 (80 S. E. 676). 
 
 SEC. 112. BOOKS WHICH ARE ADMISSIBLE. " 'Books of 
 account of others than those doing a regular business and keep- 
 ing daily entries thereof, who are not merchants, shop-keepers, 
 physicians, or blacksmiths, are not admissible in evidence to 
 prove an account.' Bass vs. Gobert, 113/262 (38 S. E. 834)." 
 142/447 (83 S. E. 104). 
 
 It will be noted that this opinion makes no reference to the 
 Acts of 1910, page 57, which amended the section of the Code 
 putting therein "farmer, dairyman and planter." The Acts of 
 1910 were not codified in the Code of 1910 and independent 
 of this decision the Act of 1910 is of force. 
 
 SEC. 113. LEDGERS. "That a book is kept in ledger form is 
 not a valid objection to its admission as a 'book of original en- 
 tries,' under section 5769 of the Civil Code. 
 
 "Even if the book offered in evidence in this case was not a 
 book of original entries, it was properly admitted in corrobora-
 
 EVIDENCE 41 
 
 tion of an admission by the defendant that he was indebted to 
 the plaintiffs in an amount approximately the same as that 
 claimed by them. Whether the plaintiffs' witnesses who testi- 
 fied to the correctness of the entries be considered as clerks or 
 as partners, their testimony as to the correctness of the books 
 was admissible. 
 
 "As a general rule, the testimony of persons who have knowl- 
 edge of the facts from which the books are made up is, as to 
 those facts primary evidence, and the books themselves are 
 admissible only by way of corroboration. The provisions of 
 the .code are designed to admit books of original entries as 
 direct and primary evidence in cases such as those where per- 
 haps the fact of the delivery of specific articles included in an 
 account, or the performance of particular services, can not 
 otherwise be definitely proved, and in similar cases." 13 App. 
 238 (79 S. E. 44). 
 
 SEC. 114. MEMORANDA COPIED FKOM BOOKS. "The plain- 
 tiff, while on the stand as a witness, made use of certain memo- 
 randa which had been copied from his books, relating to the 
 amount of the receipts and expenses of his business. Error is 
 assigned on the refusal of the court to allow his counsel to ask 
 him 'if he would swear positively from the memoranda to the 
 correctness of the items thereon; the court ruling that the wit- 
 ness could use the memoranda to refresh his recollection, but 
 must then swear from his recollection as thus refreshed, and not 
 from the memoranda. The witness would have sworn positively 
 from the memoranda to the correctness of the items thereon.' 
 The question was in the terms of the Civil Code, 5284, on 
 which counsel for the plaintiff in error relied. That section is 
 as follows : 'A witness may refresh and assist his memory by 
 the use of any written instrument or memorandum, provided 
 he finally speaks from his recollection thus refreshed, or is 
 willing to swear positively from the paper.' Apparently this 
 code section is not based on any statute, but is a codification of 
 the general law existing before its adoption. Its provisions are 
 quite broad, but we think it does not cover memoranda which 
 a witness does not know to be true and which he has never known 
 to be true. It includes any written instrument or memorandum, 
 and it is not essential that the memoranda should have been 
 made by the witness himself. 1 Gr. Ev. (16th ed.) 439 a (2). 
 It is essential, however, that he should at some time have had 
 personal knowledge of the correctness of the memoranda." 118/ 
 427, 430 (45 S. E. 317).
 
 42 EVIDENCE 
 
 SEC. 115. COMMUNICATIONS BETWEEN ATTORNEY AND CLI- 
 ENT. "The Civil Code, 5198 [5785] declares that certain 
 admissions and communications are, from public policy, to be 
 excluded as evidence. Among these are communications between 
 attorney or counsel and client. Section 5271 [5860] of the 
 same code gives the rule more explicitly. Its provisions are, 
 that 'Xo attorney shall be competent or compellable to testify 
 in any court, for or against his client, to any matter or thing, 
 knowledge of which he may have acquired from his client, by 
 virtue of his relation as attorney or by reason of the anticipated 
 employment of him as attorney, but shall be both competent and 
 compellable to testify, for or against his client, as to any matter 
 or thing, knowledge of which he may have acquired in any other 
 manner.' Section 5199 [5786] further enlarges the rule relat- 
 ing to privileged communications, and declares that 'Communi- 
 cations to any attorney, or his clerk, to be transmitted to the 
 attorney pending his employment, or in anticipation thereof, 
 shall never be heard by the court.' The rules established by 
 those sections of our code are, in their effect the same as existed 
 at common law, except that under the common-law rule the 
 attorney could not be compelled to testify as to communications, 
 nor to disclose papers or letters, or entries made by .him in that 
 capacity, while our statute goes to the extent of declaring that 
 the attorney shall not be competent or compellable to testify for 
 or against his client. Lord Chancellor Brougham declared that 
 the rule was not founded on any particular importance which 
 the law attributes to the business of legal professors, or any 
 particular disposition to afford them protection, but out of re- 
 gard to the interests of justice which could not be upheld, and to 
 the administration of justice which could not go on, without the 
 aid of men skilled in jurisprudence, in the practice of the courts, 
 and in matters affecting rights and obligations which form the 
 subject of judicial proceeding; and that if such communications 
 were not protected, no man would consult a professional adviser 
 with a view to his defense, nor safely go into a court either to 
 obtain redress or to defend himself. 1 Myl. & K. 102 ; Id. 94, 
 95. Mr. Greenleaf, in the 1st volume of his Law of Evidence, 
 239, says that this privilege is not personal to the attorney, 
 but is a rule of law for the protection of the client. Mr. Weeks, 
 in his Treatise on Attorneys and Counsellors at Law, 144, 
 gives the general rule established by the weight of authority on 
 this subject of follows : 'An attorney is privileged from giving 
 evidence of any confidential communication made to him by his
 
 EVIDENCE 43 
 
 client, or concerning which he has been informed in his profes- 
 sional capacity as attorney for the client. The privilege is that 
 of the client, and not that of the attorney.' The same author 
 (151) says, on authority, that the rule does not extend to 
 information acquired by him in any other way than by such 
 confidential communication by the client ; and Mr. Best, in his 
 work on the Principles of Evidence, 581, says that the privi- 
 lege does not extend to matters of fact which the attorney knows 
 by any other means than confidential communications with his 
 client, though if he had not been employed as attorney he proba- 
 bly would not have known them. It appears that Mr. Key was 
 an attorney, that he was employed as such by the deceased at 
 the time the deed w T as w r ritten. It is thereby established that 
 the relation of client and attorney did exist at the time the 
 deed was executed between Stone and the intestate. 
 
 "It is, however, contended that, inasmuch as the privilege 
 which the law allowed is for the benefit of the client and not 
 counsel, the rule relates only to confidential communications 
 existing because of such relation; that inasmuch as the com- 
 munication made by the client to the attorney, was in the pres- 
 ence of the other party to the contract, it was not in law such 
 a confidential communication as could not be given in evidence 
 by the attorney. There seems to be very much force in this 
 contention. The idea which seems to be involved in the estab- 
 lishment of the rule is not that of mere secrecy. It is not that 
 the client has imparted to the attorney information about a 
 matter which is to be concealed from the public, but is founded 
 on altogether a different principle. Having respect solely to 
 the free and unembarrassed administration of justice, and to 
 the security of all men in the enjoyment of their civil rights, 
 no man is under a legal obligation to disclose facts or circum- 
 stances which would render questionable his demand for a par- 
 ticular right, or impair his defense to another's demand. Origin- 
 ally, suitors and defendants appeared personally before the 
 tribunal which interpreted and administered the law. Subse- 
 quently, however, when the application of legal principles and 
 the forms of procedure became more implicated and intricate, 
 the services of persons having knowledge of the one and skill 
 in the other came into demand, and, to fully protect the rights 
 of parties litigant, the procurement of the services of person-; 
 skilled in the, law became universal. No man being compelled 
 himself to disclose the weakness of his case, it followed, almost 
 as a necessary consequence, that the person who represented
 
 44 EVIDENCE 
 
 him and presented that case would not do so. If it were other- 
 wise, the free administration of justice would be restricted and 
 the ascertainment and enforcement of rights endangered. There- 
 fore when, in order to obtain the measure of his rights, the 
 client resorted to a representative who could better judge the 
 merits of his case, and disclosed to him the facts upon which 
 the ascertainment of his rights must depend, the law of public 
 policy put a seal upon the lips of his counsel just as effectually 
 as the interest of the client placed a ban upon his own dis- 
 closure ; and, to the credit of the profession be it said, as a rule 
 almost without exception, the private matters of the client com- 
 municated to counsel are held sacred. There is no reason why 
 an attorney may not be called as a witness to give evidence of 
 facts within his knowledge. In the administration of justice 
 the courts will compel him so to do, and to place before the jury 
 his knowledge of any fact in issue, except as to those which his 
 client, depending on him for advice and direction, has seen fit 
 to communicate in order to obtain the full measure of his rights. 
 These are deemed confidential in the interest of the client, and 
 privileged for his protection, but when communicated to other 
 persons and when others are allowed the same opportunities of 
 knowledge that the attorney possesses, the confidential relation 
 necessarily does not exist, and the privilege does- not attach." 
 111/48-51 (36 S. E. 321). 
 
 "A communication which was made by a prisoner under 
 arrest, to an attorney who it is at the time anticipated will be 
 employed to represent the cause of the person making such com- 
 munication, can not, on the trial either of the person making 
 the communication, or of another, be proved by the testimony 
 of the attorney. Civil Code, 5199." 114/111, 112 (39 
 S. E. 948). 
 
 "Testimony of a client as to advice given to him by his coun- 
 sel is incompetent, and, on timely motion, should be excluded. 
 Communications between attorney and client are 'excluded from 
 public policy.' " Civil Code, 5785. 17 App. 198 (86 S. E. 
 425). 
 
 SEC. 116. WOMEN WITNESSES. As a general rule, women 
 can not be compelled to attend court in a civil case upon a 
 subpoena. A case can not be continued for the absence of a 
 woman witness who has been subpcened and does not attend. 
 This, however, is a matter within the discretion of the court. 
 In such case, the interrogatories of the woman witness should 
 be taken. In a case where there are special reasons why a
 
 EVIDENCE 45 
 
 woman witness should attend, application can be made to the 
 judge of the court and he has the power to compel her attend- 
 ance upon a proper showing made. There should be some special 
 reason set forth in such application, and the necessity of her 
 attendance should be made to appear. Such application should 
 be made in writing to the judge, the reasons set forth and verified 
 by affidavit when he would have a right to issue the proper 
 order. 
 
 "The plaintiff had the right to take the testimony of a female 
 witness by interrogatories. If the defendant had desired to 
 have her examined before the court and jury, the judge had 
 power to compel her presence, and doubtless would have done 
 so upon proper application, and the assignment of sufficient 
 reasons for the necessity of her attendance." 83/351 (9 S. E. 
 683). 
 
 "That the court refused to compel two female witnesses to 
 come into court and testify, or to continue the case that their 
 interrogatories might be taken, was not error where it was not 
 properly shown what the witnesses would testify, or that their 
 testimony was material. If, upon good reasons shown why it 
 is necessary for such witnesses to attend in person, what they 
 will testify, and the materiality of such testimony, the court 
 is satisfied that it is necessary, in furtherance of justice, for 
 them to attend, an order should be issued requiring them to do 
 so. But while the statvite permitting the interrogatories of such 
 witnesses to be taken does not exempt them from attendance 
 upon court, its provisions should be followed unless it be shown 
 to the court that it is necessary to have their personal attend- 
 ance." 85/298 (11 S. E. 706). 
 
 SEC. 117. PKODUCTION OF BOOKS, ETC., MAY BE COM- 
 PELLED. "The several courts shall have power on the trial of 
 any cause cognizable before them respectively, on notice and 
 proof thereof being previously given by the opposite party or 
 his attorney, to require either party to produce books, writings, 
 and other documents in his possession, power, custody, or con- 
 trol, which shall contain evidence pertinent to the cause in 
 question, under circumstances where such party might be com- 
 pelled to produce the same by the ordinary rules of proceeding 
 in equity." Code, $5837. 
 
 SEC. 118. PAPER IN COURT. "As a general rule (subject 
 to exceptions for privilege), where it is shown that a paper 
 which would be evidence material to the issue is in the court,
 
 46 EVIDENCE 
 
 it is the duty of the judge to require the production of such 
 documentary evidence instanter. And it is the duty of the 
 court, where the alleged holder of such paper is there present, 
 to grant a proper request for an investigation to determine 
 whether such paper is in fact in court, and whether its produc- 
 tion shall be required." 1 App. 514 (58 S. E. 63). 
 
 SEC. 119. PAPEE SURREPTITIOUSLY SECURED. "Ejectment 
 was brought by certain persons as trustees of a church; the 
 defendant died; when the case was called, his executor, though 
 a year had not elapsed, was voluntarily made a party ; during 
 the trial, counsel for plaintiffs stated that a deed made to the 
 church, or former trustees thereof, had been supposed to be lost, 
 but had been found by the deceased defendant, and was in 
 possession of counsel for defendant; he introduced a witness 
 who swore that the deceased defendant had told him about a 
 year previously of the finding of the deed, and charged him to 
 keep it secret, which he had done until since the trial began; 
 counsel for plaintiffs moved to require counsel for defendant to 
 deliver the deed ; the court refused to do so, or to require counsel 
 for defendant to answer questions as to his possession ; plaintiffs 
 then moved for a continuance to give time for a notice to pro- 
 duce ; it was refused : 
 
 "Held, that this was error. Wherever a paper is in court 
 belonging to one party and surreptitiously secured and secreted 
 by the other, and handed to counsel, not to prepare a legitimate 
 defence by the use of a link in the title, but to keep under cover 
 of privilege and confidence, semble that its instant delivery to 
 the party to which it belonged should be ordered." TO/779, 
 780. 
 
 SEC. 120. BOOK IN POSSESSION OF WITNESS. "Where a 
 witness referred to a book in his pocket as containing a state- 
 ment of an account which was material to the issue then being 
 tried, it was error in the court not to require the same to be 
 
 produced." 55/223. 
 
 SEC. 121. PAPER BELONGING TO WIFE FOR USE AGAINST 
 HUSBAND. "The production of a paper belonging to a wife, 
 and which is in the custody either of herself or her attorney, 
 can not be compelled for the purpose of using the same as 
 evidence for the State in the trial of a criminal case against 
 her husband by serving a subprena duces tecum, or other process, 
 either upon the wife or the attorney, or upon both. Under such
 
 EVIDENCE 47 
 
 circumstances, the paper in question is so far inaccessible as 
 that secondary evidence of its contents is admissible." 100/41 
 (28 S. E. 26). 
 
 SEC. 122. NOTICE TO PRODUCE PAPERS. "The notice re- 
 quired by the preceding section shall be in writing, signed by 
 the party seeking the production of the books or other writings, 
 or his attorney, and served on the adverse party or his attorney, 
 when returnable to the superior courts, ten days, and when 
 returnable to a justice's court, five days, before the production 
 of the books or other documents shall be required : Provided, 
 such party resides in the county where the suit is pending; if 
 out of said county and within one hundred miles, fifteen days ; 
 if over one hundred miles and less than two hundred miles, 
 twenty days ; and if beyond the limits of this State, sixty days." 
 Code, 5838. 
 
 SEC. 123. FORM OF NOTICE TO PRODUCE. (See, also, Part 
 II, pages 663, 664, 665.) 
 
 r ""I Tx THE JUSTICE COURT OF THE 
 
 JOHN DOE -r\ n ~\r n 
 
 I DISTRICT, G. M., OF COUNTY, 
 
 T, TERM, 19 
 
 RlCHARD KOE 
 
 SUIT ON ACCOUNT. 
 To JOHN DOE: 
 
 You are hereby notified and required to produce at the 
 
 Term, 19. ., of said Court, which is held on 
 
 the .... day of , from day to day, and from 
 
 term to term, until said case is disposed of, a certain note made 
 by John Smith to Richard Roe, endorsed by Richard Roe, to 
 
 you, dated , 19. ., for the sum' of Fifty ($50.00) 
 
 dollars, principal, with interest from date, at eight (8) per 
 cent., and signed by John Smith, and due thirty days after 
 date, said note then and there on the trial of said case to be 
 used as material and pertinent evidence for the defendant in 
 
 said case. This , 19. .. 
 
 RICHARD ROE. 
 GEORGIA, COUXTY. 
 
 Personally came before the undersigned attesting officer, 
 Richard Roe, who, being duly sworn, on oath says that ho has 
 reason to believe that the note called for in the above notice to 
 produce is or has been in existence; that it is in the possession, 
 power or control of John Doe, and that it is material to the
 
 48 EVIDENCE 
 
 issue in the above named and stated case, and he makes this 
 statement in order to render said notice available. 
 
 RIG HARD ROE. 
 
 Sworn to and subscribed before 
 me. this . 19. . 
 
 J. P. 
 
 Or, the party's attorney can make his statement in his place 
 and append it instead of the affidavit: 
 GEORGIA, COUNTY. 
 
 Comes now , and states in his place that he is 
 
 attorney for Richard Roe in the above named and stated case, 
 and that he has reason to believe that the said note called for 
 in the aobve notice is or'has been in existence and that it is in 
 the possession, power or control of John Doe, and that it is 
 material to the issue in the above named and stated case, and 
 he makes this statement in order to render said notice available. 
 This ,19... 
 
 Attorney for Richard Roe. 
 
 It will be noticed that the usual practice is to make out the 
 notice without the affidavit of the party or the statement of the 
 attorney in his place, and that upon the refusal of the party 
 notified to produce as required, then the affidavit is made or 
 the statement of the attorney. The strict letter of the law 
 s'ays before this notice is available, these things must be done. 
 It is certainty the safer rule to follow the letter of the statute. 
 A copy of the notice should be made and an affidavit of service 
 made thereon by the party serving it, which might be in this 
 form: 
 GEORGIA, COUNTY. 
 
 Personally came before the undersigned attesting officer, 
 William Smith, who, being duly sworn, on oath says that he 
 served the original notice, of which the within is a true copy, 
 
 on John Doe personally on , 19 ... 
 
 WILLIAM SMITH. 
 Sworn to and subscribed before 
 
 me, this . 19. . 
 
 J. P. 
 
 The better plan and the one that is usual amongst attorneys 
 is to procure an acknowledgment of service on the original one
 
 EVIDENCE 49 
 
 from the opposing counsel, and such acknowledgment of serv- 
 ice may be in this form : 
 
 GEORGIA, COUNTY. 
 
 Due and legal service is hereby acknowledged of the within 
 notice to produce and all other and further service, and notice 
 is hereby waived. This , 19 ... 
 
 Attorney for John Doe. 
 
 In such case it is usual and proper to give the opposing 
 counsel a copy of the notice so that he may know what his client 
 is expected to produce. 
 
 SEC. 124. FURTHER PROCEDURE ON NOTICE TO PRODUCE. 
 On the call of the case, it is usual before the party seeking the 
 production of the books or papers, to call upon opposing coun- 
 sel to respond to the notice. If he produces the evidence 
 called for, that is an end of the matter. In some jurisdictions, 
 an oral response is made to the motion where the evidence 
 called for is not produced, but the better plan is to make a re- 
 sponse in writing. Some judges go to the extent of requiring 
 a written response to be made and filed before the call of the 
 case. However, if a written response is to be made, it should 
 be ready at the time the call for the production of the papers 
 is made, and in such case the following might be used as a 
 response : 
 
 ^ IN THE JUSTICE COURT OF THE . 
 JOHN DOE T\ n n 
 
 DISTRICT, G. M., OF COUNTY, 
 
 vs. > T' -, ft 
 
 -r, -r, TERM, 19 ... 
 
 RICHARD ROE c . 
 
 J SUIT ON ACCOUNT. 
 
 Now comes John Doe, the plaintiff in the above named and 
 stated case, and in response to the notice served upon him by 
 Richard Roe, the defendant, to produce upon the trial of said 
 case a certain note made to Richard Roe by William Smith, 
 
 on , 19. . ., for $50.00 principal, and due 
 
 19. ., this affiant says that said note is not in, the possession, 
 power or control of affiant, and was not at the time of the serv- 
 ice of said notice, and has not been since said time, and affiant 
 makes this as a response in full to said notice. 
 
 JOHN DOE. 
 Sworn to and subscribed before 
 
 me, this , 
 
 19... 
 
 J. 'P.'
 
 50 EVIDENCE 
 
 SEC. 125. SUFFICIENCY OF DESCRIPTION. "The notice to 
 produce, calling for the garnishee's stock-book, cash book, origi- 
 nal book or books of entry, journal and ledger, showing the ac- 
 count of the defendant with the garnishee, and any and all 
 books showing the relation of the defendant to the garnishee, 
 is too extensive in range, and in part too vague in description. 
 The court, before peremptorily requiring the production of 
 such books, should be satisfied of the necessity for them; and 
 none should be required to be produced except those (if any) 
 showing dealings between the garnishee and the defendant.' 
 85/431 (11 S. E. 775). 
 
 "But the order of the court in the present case was illegal 
 for another reason. The notice served upon the defendants 
 required the production of all 'contracts, agreements, deeds, 
 and liens made between you, and also all deeds and muniments 
 of title imder which you claim the lot in dispute or any inter- 
 est or part thereof.' We think the latter part of the notice 
 was sufficiently definite. The rule is that the description is 
 sufficiently definite if the party who is called on to produce o* 1 
 what he must give an inspection of, and if the court can deter- 
 mine the propriety of allowing the discovery or inspection 
 sought. Applying this rule, a notice to produce all the titles 
 and papers under which you claim title to a particular lot of 
 land shows on its face that the inspection ought to be allowed. 
 On the other hand, a notice to produce all the contracts, agree- 
 ments, deeds, and liens made between the defendants was cer- 
 tainly too vague and uncertain in description and too extensive 
 in range. It seeks a roving investigation into all the papers 
 made between the defendants', without even intimating that an 
 inspection, if allowed, would disclose anything to the plaintiff's 
 advantage. It was just such a notice as was given in the case 
 of Parish vs. Weed Co., [79/682 (7 S. E. 138) ] cited supra, 
 where the defendant was called on to produce 'all books and 
 papers touching business transacted in Georgia and all receipts 
 by attorneys, etc., connected with its business in Savannah.' 
 It was there held that this notice was too vague in description, 
 and too extensive in range, to require a response. The descrip- 
 tion in the notice must be with sufficient particularity to enable 
 the court to determine the propriety of compelling the produc- 
 tion sought, and it must also appear that the evidence to be 
 thus acquired would be competent and tend to prove the exist- 
 ence of the claim made by the party requiring production. 
 * * * The court could not tell whether the papers called
 
 EVIDENCE 51 
 
 for in the first part of the notice would aid the plaintiff in es- 
 tablishing its case; and it was absolutely impossible to deter- 
 mine whether all the contracts, deeds, etc., made between the 
 defendants, would have been material evidence on the trial of 
 the case. The order of the court, therefore, in requiring the 
 production of all the papers called for in the plaintiff's notice, 
 was too broad, in not being limited to the documents which 
 were sufficiently described. Ilamby Mines vs. Findley, 85 
 Ga. 431 [11 S. E. 775]. It would have been competent, how- 
 ever, for the court to have specified such of the writings as 
 should have been produced. It was no ground of objection to 
 the entire notice that part of it did not describe the documents 
 called for with sufficient particularity. Parish vs. Weed Co., 
 supra." 104/395, 401 (30 S. E. 878). 
 
 SEC. 126. PEREMPTORY ORDER. The answer of the party 
 notified to produce papers, books or documents, if the judge 
 should determine that such party is in default and that he has 
 in his possession, power or control, the evidence called for by 
 the notice and that the same is material, in such case it is the 
 duty of the judge to make a peremptory order reciting the fact 
 that the defendant notified has failed to comply with the notice 
 to produce and after giving such party reasonable opportunity 
 to order the production of such evidence. In making this order 
 it is the duty of the judge to determine what particular part 
 of the evidence called for the party serving the notice has a 
 right to have produced. He must determine what portion of 
 it has been properly described and identified as well as what is 
 material. Then he must give the party in default reasonable 
 opportunity to produce it. The judge has before him the 
 notice to produce as well as the answer of the party notified, 
 and this would seem to be all the pleading that is necessary 
 upon which to base the order. Then the following might be a 
 proper order: 
 
 T P. ^ IN THE JUSTICE COURT OF THE 
 
 DISTRICT, G. M., OF COUNTY, 
 
 TERM, 19 
 
 RICHARD ROE A 
 
 J SUIT ON ACCOUNT. 
 
 It being made to appear to the Court that Richard Roe, the 
 defendant in the above named and stated case, served upon the 
 plaintiff, John Doe, in due time a notice to produce a certain 
 letter described in the notice, and it further appearing that 
 said letter is in the possession, power and control of the said
 
 52 EVIDENCE 
 
 John Doe, and that he fails and refuses to produce the same 
 as called for by said notice, it is ordered that the said John 
 Doe is in contempt of this Court, and that he produce said 
 
 document in Court, at nine o'clock, A. M., on : . 
 
 . . . ., 19. ., as in default the Court will give judgment against 
 said plaintiff, John Doe, as in case of nonsuit. This 
 , 19. 
 
 J. P. 
 
 If the plaintiff at the time fixed in the order should fail and 
 refuse to produce the document called for, then it would be 
 the duty of the Court on motion of defendant to pass a further 
 order which might be in the following form : 
 
 "^ IN THE JUSTICE COURT OF THE 
 
 JOHN DOE T\ r\ -\r n 
 
 DISTRICT,, G. M., OF COUNTY, 
 
 vs. }>- T -m 
 
 T-, -,-, IERM. 19. ... 
 
 RICHARD ROE . 
 
 J SUIT ON ACCOUNT. 
 
 In the above named and stated case, the plaintiff, John Doe, 
 having been required by peremptory order to produce the let- 
 ter called for in the notice, and he having been adjudged in 
 contempt of this Court, and having been ordered to produce 
 said letter on this day and at this term, and having failed so 
 to do, on motion of defendant it is ordered that judgment be, 
 and is hereby, rendered against the plaintiff as in case of non- 
 suit, and said case is hereby dismissed and judgment is rendered 
 
 in favor of the defendant against the plaintiff for 
 
 dollars and cents, costs of suit. This , 
 
 19... 
 
 J. P. 
 
 SEC. 127. CONSEQUENCES OF FAILURE TO PRODUCE PAPERS. 
 ''If the plaintiff or his attorney, being so notified, shall fail or 
 refuse to comply with such order, the court shall, on motion, 
 give judgment against such plaintiff as in case of nonsuit ; and 
 if the defendant shall fail or refuse to comply therewith, the 
 court, on motion, shall give judgment against such defendant 
 as in case of judgment by default." Code, 5839. 
 
 SEC. 128. CONTINUANCE. "In case of the service of any 
 notice, as aforesaid, when it shall appear to the satisfaction of 
 the court, by an affidavit of the party or otherwise, that such 
 party has used due and proper diligence, and can not procure 
 the books, writings, or other documents required, the cause may 
 be continued at the instance of the party notified." Code, 5840.
 
 EVIDENCE 53 
 
 SEC. 129. AFFIDAVIT OF NON-KESIDEXT. "When the party 
 notified resides without the limits of this State, but in one of 
 the States or Territories of the United States, such party may 
 make the oath required before a commissioner of this State, 
 resident in such State or Territory, or before any officer of 
 such State or Territory in which the party notified may reside, 
 who is authorized by the laws of such State or Territory to 
 administer an oath, which shall be sufficient: Provided, the 
 official character of the officer attesting said affidavit shall be 
 properly proved by the certificate of the Governor, the secre- 
 tary of State, the chancellor, or the keeper of the great seal of 
 the State or Territory in which such affidavit is made." Code, 
 5841. 
 
 SEC. 130. NOTICE, How MADE AVAILABLE. "Before the 
 notice provided for in the preceding sections shall be available, 
 the party giving it, or his agent, must make oath (or his attor- 
 ney state in his place) that he has reason to believe that the 
 paper required is or has been in existence ; that it is in the pos- 
 session, power, or control of the person notified, and that it is 
 material to the issue." Code, 5842. 
 
 SEC. 131. COURT HAS POWER TO COMPEL THE PRODUC- 
 TION OF ANY PAPER OR DOCUMENT IN THE POSSESSION OF ANY 
 PERSON PRESENT IN COURT. "The notice to produce having 
 been perfected by proof which fulfilled the requirements of 
 section 5842 of the Civil Code, the court did not err in refus- 
 ing to strike the notice. 
 
 "The trial court has the power to require, and should require, 
 the production of any pertinent documentary evidence which 
 may illustrate the issue, and which is within the power or cus- 
 tody of any person then personally in court, except where the 
 disclosure is prevented by privilege ; and inasmuch as the de- 
 fendant's counsel did not expressly claim or otherwise insist 
 upon his privilege, the ruling requiring him to produce certain 
 papers mentioned in the notice to produce were inadmissible, 
 the court is harmless, because, after the papers were produced 
 the court did not permit the introduction of any writing except 
 original papers." 12 App. 392 (77 S. E. 316). 
 
 In the opinion, of which the above are headnotes, it is said : 
 
 "The defendant excepted pendente lite to the rulings of the 
 trial judge upon a notice to produce which the plaintiff had 
 caused to be served upon the defendant's counsel. The notice 
 to produce was signed, but was not sworn to by the plaintiff or
 
 54 EVIDENCE 
 
 his counsel, and upon that ground, and for the reason that there 
 was no statement that the papers required by the notice were in 
 existence or in tlie custody or control of the defendant, as well 
 as upon the ground that the notice was otherwise defective, the 
 defendant moved to strike and dismiss it. In certifying the ex- 
 ception to his ruling upon the motion to strike the notice to 
 produce, the court states that when the motion to strike the 
 notice was made, counsel for the plaintiff arose and stated in 
 his place the facts required under section 5842 of the Civil 
 Code of 1910, and thereupon the Court held the notice good. 
 We think this ruling was a proper disposition of the motion to 
 strike, which was in effect a general demurrer; and the other 
 special objections to the notice were not meritorious. 
 
 "Exception is also taken to the court's ruling in passing a 
 peremptory order requiring counsel, upon whom the notice to 
 produce had been served, to produce such papers as he had of 
 those included in the motion to produce. From the certificate 
 of the trial judge it appears that after the court's refusal to 
 strike the notice, one of the counsel for the defendant refused 
 to state whether or not the papers mentioned in the notice were 
 in his possession or control, either in his office or elsewhere, 
 and thereupon the court peremptorily required the said coun- 
 sel to produce these papers within a reasonable time. It ap- 
 pears that the peremptory order was passed at the morning 
 session of the court, but counsel was not required to produce 
 the papers until the afternoon session. We find no error in this 
 ruling. The court had the right to assume from counsel's 
 refusal to respond to the notice and deny the custody and con- 
 trol of the papers if he did not have them, that they were in 
 his custody or control, and, as was ruled in Moore vs. Central 
 Ry. Co., 1 Ga. App. 514 (58 S. E. 63), the trial court has the 
 power and should require the production of any pertinent docu- 
 mentary evidence which may illustrate the issue, and which it 
 is within the power of any person then personally in court to 
 produce. The trial judge certifies that after a recess the 
 papers were produced, and so it is questionable whether the 
 exception can be considered at all." 
 
 SEC. 132. WHEN NOTICE is UNNECESSARY. "Notice to 
 produce is not necessary when the action is brought to recover 
 the paper or set it aside." Code, 5843. 
 
 SEC. 133. PRODUCTION OF PAPERS, REQUIRED BY SUB- 
 POENA DUCES TECUM. "When any deed, writing, or other
 
 EVIDENCE 55 
 
 document which it may be necessary to use as testimony in any 
 case may be in the possession of any person resident in this 
 State who is not a party to the cause, the clerk of the court, or 
 justice of the peace, in which the cause is pending, shall, upon 
 application of the party or his attorney desirous of using such 
 testimony, issue a subpoena duces tecum, directed to the person 
 having such book or other document in his possession, requir- 
 ing him to appear and bring with him into court the paper de- 
 sired to be used as testimony. Said subpoena shall be served 
 upon such person, if a resident of the county where such case 
 is pending, ten days, and if not a resident of such county, 
 twenty days, when returnable to the superior courts; when 
 returnable to a justice court, five days. Service shall be by a 
 sheriff, constable, or some private person ; and the official re- 
 turn of the sheriff or constable, or the affidavit of such private 
 person, shall be sufficient evidence that the same was duly 
 served. But in all cases the judge may require the summary 
 production of any book or document by subpoena duces tecum, 
 where the witness is able to produce it and where the ends of 
 justice require such summary production." Code, 5844. 
 
 SEC. 134. PENALTY FOE FAILUBE TO OBEY SUBPOENA 
 DDCES TECUM. "When a subpoena shall be issued and served 
 as provided in the preceding section, and the person whose at- 
 tendance is thereby required shall fail to comply with the re- 
 quisitions thereof, the court shall, on motion, issue an attach- 
 ment against such defaulting person, returnable to the next 
 term of said court, and shall fine such person in a sum not ex- 
 ceeding three hundred dollars, unless he shall make a sufficient 
 excuse for such failure to be judged of by the court; but such 
 person shall nevertheless be subject to an action at the instance 
 of the party by whom he was subpoenaed, for any damages 
 which such party may have sustained by reason of such failure : 
 Provided, that if the person so subpoenaed shall, within ten 
 days after the service of such subpoena, deliver to the party at 
 whose instance the subpoena was sued out, or his attorney, or 
 file in the office of the court, or justice of the peace, from 
 which such subpoena issued, the paper the production of which 
 is required by stich subpoena, or shall deliver to the said party 
 or his attorney, or shall file in the said office, his affidavit that 
 the said paper 'is not in his power, custody, possession, or con- 
 trol, and that it was not at the time of serving said subpoena, 
 then such delivery and filing of the paper so sought as afore-
 
 56 EVIDENCE 
 
 said, or of such affidavit, shall be considered a full and com- 
 plete compliance with the requisition of such subpoena duces 
 tecum." Code, 5845. 
 
 SEC. 135. SECONDARY EVIDENCE. "In all cases pending 
 in any court, where any party shall pursue the course in this 
 Chapter pointed out, and is unable thereby to procure such book 
 or other document, such party shall be permitted to go into 
 parol evidence- of the contents." Code, 5846. 
 
 SEC. 136. WHEN TRANSCRIPT OF BOOKS MAY BE USED. 
 "When any person shall be served with subpoena duces tecum 
 to produce books in his possession, to be used as testimony on 
 the trial of any cause, as hereinbefore provided, if such per- 
 son will make oath that he can not produce the books required 
 without suffering a material injury in his business, and shall 
 also make, or cause to be made out, a full transcript from such 
 books of all the accounts and dealings with the opposite party, 
 and have such transcript examined and sworn to by an im- 
 partial witness and produce the same in court, it shall be a com- 
 pliance with the notice or subpoena duces tecum." Code, 
 5847. 
 
 SEC. 137. "WHEN BOOKS MAY BE EXAMINED BY COMMIS- 
 SIONERS. When the transcript provided for in the preceding 
 section shall be produced in court, if the adverse party is dis- 
 satisfied therewith, and will swear that he believes that the 
 books contain entries material to him which do not appear in 
 the transcript, the court will grant him a commission to be 
 directed to certain persons named by the parties and approved 
 by the court, to cause the adverse party to produce the books 
 required (he being sworn that the books produced are all that 
 he has or had that answer to the description in the notice), 
 and to examine said books and to transmit to the court a full 
 and fair statement of the accounts and entries between the par- 
 ties under their hand, which shall be sealed up and transmitted 
 to the court as in case of interrogatories; which statement, when 
 received by the court, shall be deemed a compliance with the 
 notice of subpoena duces tecum." Code, 5848. 
 
 SEC. 138. FORM OF SUBPOENA DUCES TECUM. (See, also, 
 Part II, page 797.) 
 GEORGIA, COUNTY. 
 
 To John Smith, Greeting: 
 
 You are hereby commanded to be and appear at the Justice
 
 EVIDENCE 57 
 
 Court of the .... District, G. M., of .... County, at the usual 
 
 place of holding said court, on the .... day of , 
 
 19. ., at nine o'clock, A. M., and from day to day, and term 
 to term, until said case is disposed of, then and there to be 
 sworn as a witness, and to bring with you, to be used as evidence 
 for the plaintiff, one certain letter with the envelope in which 
 
 it was contained, dated , 19 . . . , and written to you 
 
 by Richard Roe. Said letter to be used as evidence by the 
 plaintiff in the case of John Doe vs'. Richard Roe, suit on ac- 
 count in said Court pending. Herein fail not. Witness my 
 hand and official signature, this , 19. .. 
 
 J. P. 
 
 In preparing a subpoena duces tecum, great care must be 
 taken to describe fully the document sought to be produced. 
 In the aobve subpoena, it would be better to state some part 
 of the contents of the document so as to identify it; in this 
 CMSC said document might be described as "being the letter that 
 Richard Roe wrote you in reference to the account that John 
 Doe held against Richard Roe." Where books are sought, or 
 other documents, they should be described so as to identify 
 them. 
 
 It is best to make an original and a copy of the subpoena 
 duces tecum. Where the service is by the sheriff or constable, 
 the original should be served upon the witness and a return of 
 service made upon the copy and return to Court. In this way, 
 the Court would be in possession of the contents' of the original 
 served. The following might be a proper return of service: 
 
 GEORGIA, COUNTY. 
 
 I have this day served John Smith personally with the origi- 
 nal subpoena duces tecum, of which the within is a true copy. 
 This ,19... 
 
 L. C. 
 
 Or, if served by the sheriff, let the sheriff sign this return. 
 
 Where the service is made by a private person, the evidence 
 of service upon the copy might be in this form : 
 GEORGIA, COUNTY. 
 
 Personally came before the undersigned, attesting officer, 
 John Doe, who, being duly sworn, on oath says that he served 
 John Smith personally with the original subpoena duces tecum,
 
 58 EVIDENCE 
 
 on , 19 . ., and that the within is a true 
 
 copy of said original subpoena. 
 
 JOHN DOE. 
 
 Sworn to and subscribed before 
 me, this 19. ., 
 
 J. P. 
 
 SEC. 139. SUBPOENA TO WITNESS. "When the attendance 
 of any person resident in the county is required as a witness in 
 any court, the clerk of such court (or, if there be no clerk, the 
 presiding judge or justice) shall, on application, issue a writ 
 of subpoena, directed to such person, requiring him to appear 
 and testify in the case stated, and at the time stated. Such 
 subpoena shall be served on the witness personally, by any per- 
 son capable of proving the same, at least one day before the trial 
 of the cause. The witness so summoned shall attend the court 
 from term to term until the case is tried. And if there be an 
 appeal or new trial, notice of the fact, without a new subpoena, 
 shall be sufficient to require the attendance of the witness. The 
 witness fee shall be seventy-five cents per diem." Code, 5849. 
 
 SEC. 140. FORM or SUBPOENA IN JUSTICE COURT. 
 GEORGIA, COUNTY. 
 
 To John Smith, Greeting: 
 
 You are hereby commanded, that laying all other business 
 aside, you be and appear at the Justice Court to be held in and 
 
 for the District, G. M., of said county, at the usual 
 
 place of holding said court, at ten o'clock, A. ML, on 
 
 , 19. ., and thereafter, from day to day, and from 
 
 term to term, until said case is finally disposed of, to be sworn 
 as a witness for the plaintiff in the case of John Doe vs. Richard 
 Roe, in said court pending, the s'ame being a suit on an ac- 
 count. Herein fail not under the penalty of the law. 
 
 Witness my hand and official signature, this , 
 
 19.. 
 
 J. P. 
 
 SEC. 141. FORM OF SUBPOENA IN COURT OF INQUIRY. 
 GEORGIA, COUNTY. 
 
 To John Smith, Greeting: 
 
 You are hereby commanded laying all business aside, to be 
 and appear at the Court of Inquiry to be held by the under-
 
 EVIDENCE 59 
 
 signed Justice of the Peace at the Courthouse in the city 
 
 of j on the .... day of , 19 . . , 
 
 at nine o'clock A. M., then and there to be sworn as a witness 
 for the State, in the case of the State vs. Richard Roe, charged 
 with the offense of a misdemeanor and to not depart thence 
 without leave of the Court. Herein fail not. 
 
 Witness my hand and official signature, this the .... day of 
 , 19.. 
 
 J. P. 
 
 SEC. 142. SEKVICE OF SUBPOENA. A subpoena may be 
 served by the sheriff, constable or any" private person. In a 
 civil suit, pending in a justice court, it must be served three 
 days before the time of trial. In a court of inquiry it must 
 be served at least one day before the time of trial. 
 
 SEC. 143. PAYMENT OF FEES. "The payment of the fees 
 of a witness shall not be demanded as a condition precedent to 
 an attendance. But at the close of each term, or any term, 
 the witness may make affidavit before any justice of the peace, 
 or clerk of the court, of the number of days he has attended 
 on such subpoena for which his fees are due, which affidavit, 
 when countersigned by the clerk (or, if no clerk, the judge) 
 and attached to the subpoena, shall have the force and effect 
 of an execution against the property of the party at whose in- 
 stance he was subpoenaed (unless in behalf of the State)." 
 Code, 5850. 
 
 SEC. 144. EXCESSIVE CLAIM. "A witness who shall claim 
 more than is due to him forfeits all his fees, and shall pay to 
 the injured party, in addition thereto, four times the amount 
 so unjustly claimed." Code, 5851. 
 
 SEC. 145. FAILURE TO ATTEND. "The court may proceed 
 by attachment to compel the attendance of a witness who fails 
 to obey the precept, and also to punish him by a fine not ex- 
 ceeding three hundred dollars. In addition thereto such a 
 witness shall be liable in damages to the person causing him to 
 bo subpoenaed, for his failure to attend." Code, 5852. 
 
 SEC. 146. WITNESS IN IMPRISONMENT. "The writ of 
 habeas corpus ad testificandum may be issued by the superior 
 court to cause the production in court of any witness under 
 legal imprisonment." Code, 5853.
 
 60 EVIDENCE 
 
 SEC. 147. FREEDOM FROM ARREST. "Witnesses are pro- 
 tected from arrest on any civil process while going to or return- 
 ing from and attending on any court, and the officer who shall 
 hold him imprisoned after seeing his' subpoena, or being satis- 
 fied of the fact, shall be liable for a false imprisonment." 
 Code, 5854. 
 
 SEC. 148. N"o FEES IN CERTAIN CASES. "A witness shall 
 not receive any fees whatever for attendance on a subpoena, if 
 the cause at any time is continued for his absence, or if he is 
 absent at the trial: Provided, such absence in neither case 
 arose from providential causes; nor shall any witness receive 
 fees from both parties in the same case, but shall be paid 
 equally by each, unless one shall be cast in all the cost." Code, 
 5855. 
 
 SEC. 149. COURT DECIDES COMPETENCY. "The competency 
 of a witness must be decided by the court." Code, 5856. 
 
 SEC. 150. RELIGIOUS BELIEF. "Religious belief goes only 
 to the credit." Code, 5857. 
 
 SEC. 151. WHO ARE COMPETENT TO TESTIFY. "No person 
 offered as a witness shall be excluded by reason of incapacity,, 
 for crime or interest, or from being a party, from giving evi- 
 dence, either in person or by deposition, according to the practice 
 of the court, on the trial of any issue joined, or of any matter 
 or question, or on any inquiry arising in any suit, action, or 
 proceeding, civil or criminal, in any court or before any judge 
 jury, sheriff, coroner, magistrate, officer, or party having, by 
 law or consent of parties, authority to hear, receive, and examine 
 evidence ; but every person so offered shall be competent, and 
 compellable to give evidence on behalf of either or any of the 
 parties to the said suit, action, or other proceeding, except as 
 follows : 
 
 "1. Where any suit is instituted or defended by a person 
 insane at time of trial, or by an indorsee, assignee, transferee, 
 or by the personal representative of a deceased person, the op- 
 posite party shall not be admitted to testify in his own favor 
 against the insane or deceased person, as to transactions or 
 communications with such insane or deceased person. 
 
 "2. Where any suit is instituted or defended by partners, 
 persons jointly liable or interested, the opposite party shall not 
 be admitted to testify in his own favor as to transactions or 
 communications solely with an insane or deceased partner, or 
 person jointly liable or interested.
 
 EVIDENCE . 61 
 
 "3. Where any suit is instituted or defended by a corpora- 
 tion, the opposite party shall not be admitted to testify in his 
 own behalf to transactions or communications solely with a 
 deceased or insane officer or agent of the corporation. 
 
 "4. Where a person not a party, but a person interested in 
 the result of the suit, is offered as a witness, he shall not be 
 competent to testify, if as a party to the cause he would for any 
 cause be incompetent. 
 
 "5. ISTo agent or attorney at law of the surviving or sane 
 party, at the time of the transaction testified about, shall bo 
 allowed to testify in favor of a surviving or sane party, under 
 circumstances where the principal, a party to the cause, could 
 not testify; nor can a surviving party or agent testify in his 
 own favor, or in favor of a surviving or sane party, as to trans- 
 actions or communications with a deceased or insane agent, 
 under circumstances where such witness would be incompetent 
 if deceased agent had been principal. 
 
 "6. In all cases where the personal representative of the 
 deceased or insane party has introduced a witness interested in 
 the event of a suit, who has testified as to transactions or com- 
 munications on the part of the surviving agent or party with 
 a deceased or insane party or agent, the surviving party or his 
 agent may be examined in reference to such facts testified to 
 by said witness." Code, 5858. 
 
 SEC. 152. No OTHER EXCEPTIONS. "There shall be no 
 other exceptions allowed under the foregoing paragraphs." 
 Code, 5859. 
 
 SEC. 153. EVIDENCE or ATTORNEY AS AGAINST CLIENTS. 
 "No attorney shall be competent or compellable to testify in any 
 court in this State, for or against his client, to any matter or 
 thing, knowledge of which he may have acquired from his 
 client, by virtue of his relations as ^attorney, or by reason of 
 the anticipated employment of him as attorney, but shall be 
 both competent and compellable to testify, for or against his 
 client, as to any matter or thing, knowledge of which he may 
 have acquired in any other manner." Code, 5860. 
 
 SEC. 154. IN CASES OF ADULTERY AND BREACH OF MAR- 
 RIAGE CONTRACT. "Nothing contained in section 5858 shall 
 apply to any action, suit, or proceeding in any court, instituted 
 in consequence of adultery, or to any action for breach of 
 promise of marriage." Code, 5861.
 
 62 EVIDENCE 
 
 SEC. 155. IDIOTS, ETC. "Persons who have not the use of 
 reason, as idiots, lunatics during lunacy, and children who do 
 not understand the nature of an oath, are incompetent wit- 
 nesses:" Code, 5862. 
 
 SEC. 156. DRUNKARDS. "Drunkenness, which dethrones 
 reason and memory, incapacitates during its continuance." 
 Code, 5863. 
 
 SEC. 157. EVIDENCE THROUGH INTERPRETER. "No physical 
 defect in any of the senses incapacitates a witness. An in- 
 terpreter may explain his evidence." Code, 5864. 
 
 SEC. 158. DECISION BY INSPECTION. "The court must, by 
 examination, decide upon the capacity of one alleged to be 
 incompetent from idiocy, lunacy or insanity, or drunkenness, 
 or childhood." Code, 5865. 
 
 SEC. 159. OBJECTION TO COMPETENCY, WHEN TAKEN. "The 
 objection to competency, if known, must be taken before the 
 witness is examined at all. It may be proved by the witness 
 himself, or by other testimony; if proved by other testimony, 
 the witness is incompetent to explain it away." Code, 5866. 
 
 SEC. 160. COMPETENCY, How RESTORED. '"Any act which, 
 in the judgment of the court, removes the ground of incompe- 
 tency, will restore the competency of the witness." Code, 5867. 
 
 SEC. 161. SUBPOENA ISSUED BY JUSTICE OF PEACE. "Either 
 one of the justices of the peace of the district in which a suit 
 is pending may issue a subpoena, directed to any witness whose 
 testimony may be desired by either party in any case, which 
 subpoena shall be served on the witness three days before the 
 day of the trial." Code, 4731. 
 
 SEC. 162. WITNESSES TO ATTEND JUSTICE COURT. "Any 
 witness failing to attend the justice's court, after being duly 
 served with a subpoena, shall be subject to a fine not exceeding 
 ten dollars, which may be collected by execution, unless good 
 cause be shown for such failure at or before the next court day 
 after the default ; and such witness shall also be liable to a suit 
 for damages at the instance of the party injured by his default,, 
 in any court having cognizance of the same." Code, 4764. 
 
 SEC. 163. COSTS OF WITNESSES OF ADVERSE PARTY. "No 
 party plaintiff or defendant shall be liable for the costs of any 
 witness of the adverse party, unless -such witness was subpoenaed, 
 sworn, and examined on the trial of said cause (or the plaintiff 
 voluntarily dismisses his cause before trial) ; and no party shall
 
 INTERROGATORIES 63 
 
 be liable for the costs of more than two witnesses to the same 
 point, unless the court shall certify that the question at issue 
 was of such a character as rendered a greater number of wit- 
 nesses necessary to a single point." Code, 5990. 
 
 SEC. 164. OATH OR AFFIRMATION. "The sanction of an 
 oath, or affirmation equivalent thereto, is necessary to the recep- 
 tion of any oral evidence. The court may frame such affirma- 
 tion according to the religious faith of the witness." Code, 
 5868. 
 
 SEC. 165. WITNESSES, How EXAMINED. "The regular mode 
 of conducting the examination of a witness shall be as follows : 
 First, the witness shall be examined by the party introducing 
 him, "and then cross-examined by the other party ; after which 
 the original party may further interrogate the witness to ex- 
 plain the direct or rebut the cross-examination ; and if any new 
 matter be thus elicited, the opposite party may further examine 
 the witness as to such new matter. In all cases in which more 
 than one attorney is retained on either side, the examination 
 and cross-examination shall be conducted by one of the counsel 
 only ; and at the opening of the case both parties shall state to 
 the court to which attorney the examination and cross-examina- 
 tion of witness is confined." Code, 6318. 
 
 SEC. 166. TREATMENT OF WITNESSES. "It is' the right of a 
 witness to be examined only as to relevant matter; and to be 
 protected from improper questions, and from harsh or insulting 
 demeanor." Code, 5870. 
 
 SEC. 167. CROSS-EXAMINATION OF WITNESSES. "The right 
 of cross-examination, thorough and sifting, belongs to every 
 party as to the witnesses called against him. If several parties 
 to the same case have distinct interests, each may exercise this 
 right." Code, 5871. 
 
 CHAPTER V 
 
 INTERROGATORIES. 
 (See Part II, pages 569-577.) 
 
 SECTION 168. FORM. "The following shall be the form of 
 a commission to take testimony by interrogatories:
 
 64: INTEBEOGATOBIES 
 
 Georgia, County. 
 
 By His Honor, one of the judges of 
 
 the court for the county and State aforesaid. 
 
 To . and , Esquires Greeting : 
 
 Whereas, There is a certain matter of controversy now de- 
 pending in the court for said county between 
 
 and ; and whereas 
 
 is a material witness in said suit, and can not attend our said 
 court in person, without manifest inconvenience: 
 
 Now know ye, that we, reposing special trust and confidence 
 in your prudence and fidelity, have appointed you ; and you, or 
 any two or more of you, are hereby authorized and required to 
 
 cause said personally to come before you, and, 
 
 after being duly sworn, to examine concerning the 
 
 said suit, agreeably to the interrogatories hereunto annexed; 
 and the answers to the same being plainly and distinctly writ- 
 ten, you are to send the same, closed up under your hands and 
 
 seals, to our said court, to be held on the day v of 
 
 next, together with this writ. 
 
 Witness the Honorable , one of the judges of 
 
 said court, this day of " Code, 6289. 
 
 SEC. 169. WITNESSES' NAMES. "The names of the witnesses 
 intended to be examined by commission shall be distinctly 
 specified in the notice served upon the adverse party, preparatory 
 to issuing the commission." Code, 6290. 
 
 SEC. 170. TIME ALLOWED FOR RETUEX. "The time to be 
 allowed for the return of commissions from any part of the 
 United States of North America, if less than one hundred miles 
 distant from the place of trial, shall be twenty days ; if a greater 
 distance and less than five hundred miles, thirty days ; if a 
 greater distance, forty days ; to any part of the West Indies or 
 South America, eighty days ; or to any part of Europe, one 
 hundred and twenty days, unless, in the discretion of the court, 
 a longer time shall be allowed." Code, 6291. 
 
 SEC. 171. COMMISSION NOT REGULAR, "In cases of com- 
 missions returned not executed or directed according to rule, 
 either party in the cause shall, upon five days notice to the 
 adverse party or his attorney, be permitted to return the com- 
 mission and its contents (except the answers of the witness, 
 which shall remain in the clerk's office) to the commissioners, 
 to be properly executed and directed." Code, 6292.
 
 INTERROGATORIES 65 
 
 SEC. 172. COMMISSIONS BY MAIL. "When commissions are 
 returned by mail, to entitle the party to open the same, the 
 postmaster, his deputy, or assistant must indorse upon the back : 
 'I certify that I received this package from A. B., one of the 
 commissioners.' The usual abbreviations of initials of Christian 
 names of the commissioners, witnesses, attorneys, clerks, magis- 
 trates, and postmasters shall be sufficient." Code, 6293. 
 
 SEC. 173. LEADING QUESTIONS. "No exception to a written 
 interrogatory, on the ground that it is a leading question, shall 
 prevail, unless it be filed with the interrogatories before the 
 issuing of the commission." Code, 6294. 
 
 SEC. 174. AGREEMENT TO TAKE INTERROGATORIES. Where 
 the commission is waived and the interrogatories are taken by 
 agreement, such agreement should be endorsed on the original 
 interrogatories at the time of the service of the copy. Frequently, 
 however, in such case the original interrogatories after the sign- 
 ing of the agreement are turned over to the opposite party 
 making out his cross-interrogatories. Such agreement might 
 be in the following form: 
 
 Due and legal service is hereby acknowledged and copy re- 
 ceived of the within interrogatories; commission, filing, notice 
 of filing are hereby waived, and it is agreed by and between the 
 
 parties that these interrogatories shall be executed by. ., 
 
 as sole commissioner, and returned to the justice of the peace 
 either by hand or by due course of mail without any formality 
 of transmission, and it is further agreed by John Doe to file 
 his cross-interrogatories within five days from this date. 
 
 This ,19 
 
 RICHARD ROE, 
 JOHN DOE. 
 
 SEC. 175. CROSS-INTERROGATORIES. If the commission is 
 not waived, it is the duty of the opposite party to file his cross- 
 interrogatories, where the suit is in a Justice Court, within five 
 days from the time of the service, or if the case is in the Superior 
 Court, within ten days from the time of service, and also to 
 name two commissioners, the other party having the right to 
 name one. One of the commissioners named by the opposite 
 party must act unless a good and sufficient reason be shown for 
 his failure. In the selection of commissioners, care should be 
 to name disinterested persons who would be fair and
 
 66 INTERROGATORIES 
 
 impartial and in no way connected with the case either as a 
 witness or by interest; the commissioner should stand fair and 
 impartial between the parties like a judge. 
 
 In the preparation of cross-interrogatories, it is best to state 
 the case first, and make this statement after the statement of 
 the case, to wit: 
 
 Cross-interrogatories propounded by John Doe, plaintiff, to 
 John Smith, for whom direct interrogatories have been filed by 
 Richard Roe. 
 
 SEC. 176. FORM OF INTERROGATORIES. 
 Georgia, County. 
 
 T y, ^ IN THE JUSTICE COURT OF THE 
 
 DISTRICT, G. M., OF COUNTY, 
 
 TERM, 19 
 
 RICHARD ROE 
 
 J SUIT ON ACCOUNT. 
 
 Original interrogatories to be propounded to John Smith, a 
 material witness for the defendant, who resides out of the 
 
 County of and in the County of , 
 
 in said State. 
 
 DIRECT INTERROGATORIES. 
 
 1st Interrogatory. 
 
 Where do you reside and do you know the parties to the 
 above named and stated case ? 
 
 2nd Interrogatory. 
 
 What conversation if any did you ever have with John Doe 
 in reference to an account that he held against Richard Roe? 
 If you answer that you had a conversation, state when and 
 where and what, if anything, he said to you in reference to the 
 account. 
 
 3rd Interrogatory. 
 
 What, if anything, did he ever state to you in reference to 
 holding a note against you transferred to him by Richard Roe, 
 and state what consideration, if any he stated, he paid for this 
 note and how he came into possession of it? 
 
 4th Interrogatory. 
 
 What, if anything, did he say in reference as to whether or 
 not the account he held against Richard Roe had been settled, 
 and if he stated anything upon this subject? State what it 
 was.
 
 INTERROGATORIES 67 
 
 5th Interrogatory. 
 
 State what, if anything, he said as to whether or not Richard 
 Roe owed you anything upon the account. State fully and 
 explicitly what he said upon this subject. 
 
 Plaintiff's Attorney. 
 
 SEC. 177. SIGNATURE, FILING, NOTICE, ETC. These inter- 
 rogatories should be filed with the justice of the peace and notice 
 should be given at the time of filing to John Doe, of the filing, 
 and after they have remained with the justice of the peace for 
 five days after the serving of such notice of the filing with a 
 copy of the interrogatories served on John Doe, then the de- 
 fendant Richard Roe can apply to the justice of the peace for 
 a commission to three commissioners to execute the interroga- 
 tories. The plaintiff, John Doe, in the meantime, would have 
 a right to file cross-interrogatories and also to name two of the 
 commissioners. The form of the notice to be served upon John 
 Doe, might be in this form: 
 Georgia, County. 
 
 ^1 In the Justice Court of the 
 
 JOHN DOE ^. , . ^ 
 
 Dist., , of County, 
 
 VS ' -p Term, 19... 
 
 RICHARD ROE -*,. 
 
 J feuiT ON NOTE. 
 
 To John Doe, Plaintiff: 
 
 . In the above named and stated case, you are hereby notified 
 
 that I have this day filed with , Justice of the 
 
 Peace in and for the District, G. M., of 
 
 County, interrogatories to be propounded to John Smith, a 
 
 material witness in my behalf, who resides in 
 
 County, a copy of which interrogatories is hereto attached, and 
 that at the expiration of five days I will apply to said Justice 
 of the Peace for a commission and the appointment of com- 
 missioners to execute said interrogatories and if you desire to 
 name two of the commissioners, you will give their names to 
 the Justice of the Peace and also file with him whatever cross- 
 interrogatories you desire. This , 19 
 
 RICHARD ROE, Defendant. 
 
 The interrogatories can be signed by defendant's attorney if 
 he has an attorney, and the cross-interrogatories can be prepared 
 and signed by the attorney for John Doe if he has an attorney.
 
 68 INTERROGATORIES 
 
 The entry of service of the interrogatories upon John Doe 
 should appear and might be in this form, and placed upon the 
 back of the original interrogatories: 
 
 Georgia, County. 
 
 Before me, , J. P., personally came 
 
 Richard Roe, who, being duly sworn, on oath says that on the 
 
 day of , 19 . . . . , he served 
 
 John Doe personally with a copy of the original interrogatories 
 
 hereto attached for John Smith, a resident of County, 
 
 and also with the original notice of time of filing, of which a 
 true copy is hereto attached. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 J. P. 
 
 This affidavit with the copy of the notice should be attached 
 to the original interrogatories and filed with them in the Court. 
 
 SEC. 178. INTERROGATORIES OF WITNESSES WITHOUT COM- 
 MISSION. Interrogatories of a witness may be taken by agree- 
 ment without a commission. This agreement may be varied in 
 almost any part as to the conditions under which they are taken 
 and the commissioners. One commissioner may take them by 
 agreement or more than one. It is usual in such case to make 
 an agreement that the interrogatories may be executed by some 
 party as sole commissioner. In such case, the following form 
 may be used : 
 
 Georgia, County. 
 
 JOHN DOE 1 COMPLAINT FOR DAMAGES 
 
 vs. V IN SUPERIOR COURT, 
 
 RICHARD ROE ) TERM, 19. .. 
 
 In the above named and stated case, it is hereby agreed by 
 the parties thereto, ihat the interrogatories of John Smith, a 
 
 witness for the plaintiff, and a resident of County, 
 
 be taken and he be examined by as sole com- 
 missioner, and that he return the same to the clerk of the Supe- 
 rior Court of County by due course of mail 
 
 without any other formality. 
 
 This agreement may be varied in any way that the parties 
 may agree upon. Two commissioners may be named or three
 
 INTERROGATORIES 69 
 
 if it is so desired. Such agreement takes the matter out of the 
 statute. It is necessary usually that the agreement shall be 
 followed. 
 
 The following form of caption will, if followed in substance, 
 be sufficient: 
 
 Georgia, County. 
 
 JOHN DOE j COMPLAINT FOR DAMAGES 
 
 vs. V IN SUPERIOR COURT 
 
 RICHARD ROE ) TERM, 19 .... 
 
 In the above named and stated case, due and legal service is 
 hereby acknowledged of the interrogatories of John Smith, a 
 
 resident of County in the above named and 
 
 stated case, commission, filing is hereby waived, and copy of 
 interrogatories has been received. We consent to cross said 
 iuterrogatories and return the same to plaintiff's counsel within 
 five days from this date. This , 19. ... 
 
 Attorney for Defendant. 
 
 The form of return provided by Code, 5903, is as follows: 
 "State of Georgia, County. 
 
 "By virtue of an agreement between the parties or counsel in 
 
 the case of vs , pending in the 
 
 court of (county or district, as 
 
 the case may be), the undersigned, acting as commissioners, 
 have caused A. B., a witness in said case, to come before us, 
 who, being duly sworn true answers to make to the annexed 
 interrogatories, deposes and answers as follows : 
 
 "To first interrogatory, he answers, etc. 
 
 "To second interrogatory, he answers, etc. 
 
 "To first cross-interrogatory, he answers, etc. 
 
 "To second cross-interrogatory, he answers, etc. 
 
 "Answered, subscribed, and sworn to before us, this 
 
 day of '. , 19 
 
 "E. F,, COMMISSIONER, (Seal). 
 "G. H., COMMISSIONER, (Seal). 
 
 "A. B., Witness." 
 
 A substantial compliance with the same shall be sufficient to 
 let the answers go to the jury, if legal on other grounds, and to 
 give legal sanction to thp oath administered as aforesaid.
 
 70 DEPOSITIONS WITHOUT COMMISSION 
 
 CHAPTER VI 
 
 DEPOSITIONS WITHOUT COMMISSION. 
 (See Part II, pages 569-577.) 
 
 SECTION 179. DEPOSITIONS WITHOUT COMMISSION, How 
 TAKEN. "Whenever it is legal to examine witnesses on Avritten 
 interrogatories by commission, the testimony of such witnesses 
 may "also be taken, without a commission, before a notary public 
 or any officer authorized to issue attachments, if taken within 
 this State, or, if taken without this State, before any officer or 
 the State or county where the deposition is taken, authorized 
 by the laws of this State to attest deeds or take acknowledg- 
 ments. The officer shall not be of counsel, to either of the 
 parties, nor interested in the event of the case." Code, 5905. 
 
 SEC. 180. NOTICE, ITS CONTENTS AND How GIVEN. "A 
 reasonable notice, not less than ten days, must first be given in 
 writing by the party, or his attorney, proposing to take such 
 deposition, to the opposite party or his attorney of record, 
 which notice shall state the name of the witness, and the time 
 and place of the taking of his deposition; and whenever by 
 reason of the absence from the county and want of an attorney 
 of record, or by other reason, the giving of the notice herein 
 required shall be impracticable, it shall be lawful to take such 
 depositions as there shall be urgent necessity for taking, upon 
 such notice as the judge of the court for which the deposition 
 is to be taken shall think reasonable and direct." Code, 5906. 
 
 SEC. 181. WITNESS COMPELLED TO APPEAR; How EXAM- 
 INED. "The witness may be examined and cross-examined as 
 in open court. Any person may be compelled to appear and 
 depose, in the same manner as witnesses may be compelled to 
 appear in court." Code, 5907. 
 
 SEC. 182. TESTIMONY, How TAKEN. "Every person depos- 
 ing as provided in the preceding section shall be sworn to testify 
 the whole truth, and carefully examined. His testimony shall 
 be reduced to writing by the officer taking the deposition, or by 
 himself in the officer's presence; but the officer may employ a 
 disinterested stenographer to take down and write out the testi- 
 mony. The testimony, after it has been reduced to writing, 
 shall be subscribed by the deponent.." Code, 5908.
 
 DEPOSITIONS WITHOUT COMMISSION 71 
 
 SEC. 183. DEPOSITIONS, How DELIVERED. "Every depo- 
 sition taken under the preceding sections of this article shall 
 be retained by the officer taking it until he delivers it with his 
 own hands into the court for which it is taken; or it shall, with 
 a certificate of the reasons for taking it, and of the want of 
 interest of the officer, and of the stenographer if one be em- 
 ployed, and with the notice, if any be given to the adverse 
 party, be sealed up and directed to such court, and remain 
 under his seal until opened in' court. But if the reasons for 
 taking the deposition cease to exist before the trial, such depo- 
 sition shall not be used in the case." Code, 5909. 
 
 SEC. 184. FORM OF NOTICE. 
 JOHN DOE ^ COMPLAINT FOR DAMAGES 
 
 vs. V IN SUPERIOR COURT 
 
 EICHARD KOE j TERM, 19. ... 
 
 To Richard Roe and his Attorney, George R. Brown: 
 
 You are hereby notified that on the day of . . , 
 
 19. . . ., at ten o'clock, A. M., in Room of the 
 
 Building, in the City of , before , 
 
 a Justice of the Peace in and for County, 
 
 I will proceed to take the evidence of John Smith, a material 
 
 witness for the plaintiff, who resides in County, 
 
 and this notice is given you that you may be present and cross- 
 examine said witness, if you so wish. This 
 
 day of , 19 
 
 Attorney for Richard Roe. 
 
 The better plan is to get an acknowledgment of service on 
 this notice, but if this can not be done, it should be" made in 
 duplicate and one served on the party notified ; the other should 
 be returned to the officer before' whom the deposition is taken 
 with an affidavit upon it of the service. 
 
 SEC. 185. DEPOSITIONS TAKEN WITHOUT ORDER OR COM- 
 MISSION. "In all counties of this State, either party litigant 
 in any court of record in any such county may, without any 
 order or commission, take the deposition of any witness or wit- 
 nesses in said case, whether resident in the county or not, upon 
 giving the opposite party five days notice of the time and place, 
 with the names of the witnesses : Provided, that the commis- 
 sioner before whom the evidence under this section is to be 
 taken shall have power, on notice being given to the opposite 
 party or his attorney, or on subpoena duces tecum being served
 
 72 DEPOSITIONS WITHOUT COMMISSION 
 
 five days previously to the hearing, to require any witness or 
 party to produce, at the hearing, books, writings, and other docu- 
 ments in his possession, power, custody, or control. Any witness 
 or party refusing to produce, appear, or answer, without legal 
 excuse, shall be guilty of contempt; and upon certification of 
 said act by the commissioner to the judge in whose court the 
 case is pending, the judge shall punish the same as though com- 
 mitted before him." Code, 5910. 
 
 SEC. 186. NOTICE TO TAKE DEPOSITIONS UNDER CODE, 
 5910. 
 JOHN DOE ^ ACTION FOB DAMAGES, 
 
 vs. V IN . SUPERIOR COURT, 
 
 RICHARD ROE j TERM, 19 .... 
 
 To John Doe, or his Attorney, : 
 
 In the above named and stated cause, you are hereby notified 
 
 that on the day of , 19 . . . . , 
 
 at ten o'clock, A. M ., in Room , in the 
 
 Building, in the City of , before , 
 
 a Commissioner appointed by the Judge of the Superior Court 
 
 of the Circuit, and whose appointment as such 
 
 Commissioner has been spread upon the minutes of said Court, 
 I will take the evidence of John Smith, a material witness for 
 the defendant in the above named and stated case, and you are 
 hereby notified to be present at said time and place, where you 
 will have the right to cross-examine said witness, if you should 
 so wish. This , 19 .... 
 
 Attorney for Richard Roe. 
 
 Under this section, five days' notice of the time and place of 
 hearing must be given the opposite party and the original notice 
 with the evidence of service upon it must be returned to the 
 Commissioner and by him sent to the Court where the evidence 
 goes after it is taken. 
 
 SEC. 187. DEPOSITIONS, BY WHOM TAKEN. "Such deposi- 
 tions shall be taken before any commissioner appointed by the 
 judge of the superior court of said county for the purpose of 
 taking such depositions and the appointment entered on the 
 minutes ; or, in case of failure to appoint or there is a vacancy 
 in the office of commissioner, the clerk of the superior court is 
 hereby authorized as an ex-officio commissioner to take such dep-
 
 DEPOSITIONS WITHOUT COMMISSION 73 
 
 ositions. All witnesses shall be examined in the county of 
 their residence, and before the commissioner or ex-officio com- 
 missioner of such county." Code, 5911. 
 
 SEC. 188. FORM OF CAPTION, CERTIFICATE, ETC. "The 
 caption and certificate of the return of such cases may be sub- 
 stantially as follows: 
 <A.B. J 
 
 vs. f In the Court of County, Georgia. 
 
 C.D. J 
 
 Depositions of (and ), witness (or witnesses) for 
 
 the plaintiff (or defendant) in the above case, taken upon 
 
 notice, beginning on the. . . .day of , 18. ., at . . . ., in 
 
 the presence of the plaintiff and defendant (either or both), in 
 person or by attorney (as the case may be). The said witness 
 (or witnesses), being first duly sworn, deposed as follows: 
 (Here stating each question, both direct and cross, with the an- 
 swer as delivered by the witness immediately after it, and con- 
 cluding as follows:) The foregoing depositions were taken 
 before me, as stated in the caption, and the answers reduced to 
 writing by me, or by the witness in my presence ; and I certify 
 that I am not interested in the cause, nor of kin or counsel to 
 either of the parties.' And signed by the commissioner." 
 Code, 5912. 
 
 SEC. 189. MOTIONS AND OBJECTIONS, How MADE AND RE- 
 TURNED. "All motions or applications to postpone or adjourn 
 the proceedings, and all objections to the witnesses or proceed- 
 ings, shall be made to the commissioner, and if in writing, filed 
 with the return, and if not in writing, noted in and become part 
 of the return, with the ruling of the commissioner thereon, and 
 the answer of the witnesses, whether the objection be sustained 
 or not." Code, 5913. 
 
 SEC. 190. ORDER AND SCOPE OF EXAMINATION. "The or- 
 der and scope of the examination shall be had in conformity to 
 the rules of the superior court governing the examination of 
 witnesses 1 in trials at law." Code, 5914. 
 
 SEC. 191. DEPOSITIONS, How RETURNED. "When the re- 
 turn shall have been made up and signed as provided in the 
 preceding sections, the same shall be, together with evidence of 
 the service of the notice, sealed up and directed to the clerk of 
 the court where the case is pending, and may be delivered 
 either by the commissioner to such clerk in person, or sent by
 
 74 JUSTICES OF THE PEACE, ETC. 
 
 the hand of any other person; and the clerk is hereby author- 
 ized, whether the court be in session or not, to administer the 
 usual oath, and enter the same on the package, with leave to 
 open, as practiced in this State (as to interrogatories), and the 
 package may be thereupon opened and published without fur- 
 ther delay." Code, 5915. 
 
 SEC. 192. POWER AND FEES OF COMMISSIONER. "The 
 commissioner shall have the same power and authority to sum- 
 mon witnesses, and compel their attendance to testify before 
 him, as are now conferred upon justices of the peace in this 
 State to compel witnesses to appear and testify in justices' 
 courts ; and the said commissioner shall receive, from the party 
 seeking the testimony of the witnesses examined before him, 
 the following fees, to wit: For the examination of each wit- 
 ness, two dollars; for certifying and returning the testimony 
 taken before him for the plaintiff or defendant, in each case, 
 fifty cents; for issuing each subposna, twenty cents." Code, 
 5916. 
 
 SEC. 193. COMMISSIONER'S ORDERS, How EXECUTED. 
 "The attachments, or orders, or other process issued by said 
 commissioner, for the purpose of compelling witnesses to ap- 
 pear and testify, shall be directed to, and may be executed by, 
 the sheriff, his deputy, or any constable of the county." Code, 
 5917. 
 
 CHAPTER VII 
 
 JUSTICES OF THE PEACE AXD XOTARIES PUBLIC 
 EX OFFICIO JUSTICES OF THE PEACE. 
 
 SEC. 194. ONE JUSTICE OF THE PEACE IN EACH DISTRICT. 
 "There shall be one justice of the peace in each militia district 
 of the several counties of this State, elected by the people of 
 each district in the manner hereinafter prescribed, who holds 
 his office for four years, unles's sooner removed." Code, 4648. 
 
 SEC. 195. - XOTARIES PUBLIC, THEIR APPOINTMENT AND 
 TERM. "Commissioned notaries public, not to exceed one for 
 each militia district, may be appointed by the judges of the 
 superior courts in their respective circuits, upon recommenda- 
 tion of the grand juries of the several counties. They shall be
 
 JUSTICES OF THE PEACE, ETC. 75 
 
 commissioned by the Governor for the term of four years, and 
 shall be ex-officio justices of the peace, and shall be removable 
 on conviction for malpractice in office." Code, 4649. 
 
 SEC. 195. COMMISSIONS, WHEN TO BE ISSUED. "The Gov- 
 ernor shall not issue a commission to any notary public and 
 ex-officio justice of the peace, unless it shall appear from the 
 order of appointment that such appointment was made at the 
 term of the court next preceding the vacancy, or at some suc- 
 ceeding term after such vacancy has occurred." Code, 4650. 
 
 SEC. 197. JUSTICES OF THE PEACE AND CONSTABLES, WHEN 
 RULED. "Justices of the peace and constables shall be so far 
 considered officers of the superior court as to be subject to be 
 ruled under similar regulations as are provided in relation to 
 any other officer of said court, and shall be subject to all the 
 pains and penalties as are provided, in case of a rule absolute 
 against sheriffs and other officers of said court, when they, or 
 either of them, shall refuse or neglect to collect or pay over 
 any money which they may have received or collected in their 
 official capacity." Code, 4657. 
 
 SEC. 198. VACANCIES, How FILLED. "Vacancies are filled 
 in the following manner: If there is a justice of the peace in 
 the district where the vacancy occurs, he shall appoint some 
 Saturday in a month and advertise the same at three of the 
 most public places therein, at least fifteen days before the day 
 appointed." Code, 4658. 
 
 SEC. 199. ELECTION, How HELD. "On said day said jus- 
 tice with two freeholders must hold said election in the same 
 manner that a regular election for justice of the peace is held, 
 and duly certify the same to the Governor, who must commis- 
 sion the person elected for the unexpired term." Code, 4659. 
 
 SEC. 200. IF No JUSTICE. "If there is no justice of the 
 peace in the district where the vacancy occurs, the ordinary of 
 the county must order an election in the same manner, which 
 may be held by three freeholders of the district, who must hold 
 and certify said election in the same manner. Code, 4660. 
 
 SEC. 201. QUALIFICATIONS, ETC. "All persons are eligible 
 to the office of justice of the peace who are entitled, in the 
 county in which the district is situated, to vote for the mem- 
 bers of the General Assembly, who have been three months in 
 the district next preceding the election, and who do not labor 
 under any disqualification." Code, 4661.
 
 76 JUSTICES OP THE PEACE, ETC. 
 
 SEC. 202. FAILURE TO ELECT. "When any district is with- 
 out a justice of the peace, and an election has been legally or- 
 dered to supply the vacancy, and none is bona fide held at the 
 time and place appointed, it is the duty of the ordinary to ap- 
 point one person resident in the district, and to certify it to the 
 Governor, who must commission the appointee for the required 
 term." Code, 4662. 
 
 SEC. . 203. JUSTICE, WHEN SUED. "One justice of the 
 peace may sue or be sued before the other in his own district." 
 Code, 4668. 
 
 SEC. 204. WHERE JUSTICE Is DISQUALIFIED. "When a 
 justice of the peace is disqualified from presiding, and there is 
 no other justice of the peace in his district who is qualified, any 
 justice of the peace of the county is qualified to issue all process 
 and to preside in his district and if a justice of the peace is 
 sued under such circumstances, the suit may be located in any 
 adjoining district. Any justice or notary ex-oificio justice of 
 the peace may preside in any district of their county in all 
 cases when the justice or notary of such district is disqualified." 
 Code, 4669. 
 
 "Where the justice of a district in which the defendant re- 
 sided was disqualified, and suit was brought and the case tried 
 upon its merits, without objection, in another district, the pre- 
 siding justice of which had jurisdiction of the subject-matter, 
 the defendant thereby waived objection to the jurisdiction of 
 his person, and the judgment for the plaintiff w r as good as 
 against him." 65/254. 
 
 "When it appears that one of the two magistrates of a militia 
 district rendered a judgment in a case pending in the other's 
 court, and there is nothing to show whether the latter was or 
 was not disqualified to try such case, it will not, even if it be 
 the law that one of such magistrates can properly preside in 
 the other's court only when he is disqualified, be presumed that 
 the. magistrate who rendered such judgment usurped authority 
 which he could not lawfully exercise. 
 
 "This case turns upon the ruling announced in the head- 
 note. Section 4072 of the Civil Code provides that, 'When a 
 justice of the peace is disqualified from presiding, and there is 
 no other justice of the peace in his district who is qualified, 
 any justice of the peace of the county is qualified to issue all 
 process and to preside in his district.' By the clearest implica-
 
 JUSTICES OF THE PEACE, ETC. 77 
 
 tion, one magistrate in a given militia district may preside in 
 the court of the other magistrate thereof, if the latter is for any 
 reason disqualified." 113/633 (38 S. E. 946). 
 
 "A justice of the peace is by law prohibited from sitting in 
 any cause when he is related to either party within the fourth 
 degree of consanguinity or affinity, and while such relationship 
 may not render void the issuance of an execution to foreclose a 
 landlord's lien in favor of the party to whom the justice is re- 
 lated yet, where such disqualifications exist, any other justice 
 of the peace of the county may also issue the execution and 
 preside on the trial of an issue formed by a counter-affidavit 
 interposed on the levy of such execution." 110/636 (36 S. 
 E. 54). 
 
 "A justice of the peace has no authority to preside in a case 
 outside his district, unless the justice or notary of the district 
 in which the case is pending is disqualified, or parties litigant 
 consent. Civil Code, $4072 (4669). 
 
 "A judgment rendered by a justice unauthorized to preside 
 as a justice in the district where it was rendered is a nullity 
 and of no effect. 3 App. 160 (59 S. E. 322). 
 
 "When both magistrates of a militia district are disqualified 
 from presiding in a given case, any justice of the peace of the 
 comity may lawfully preside in the justice's court of that dis- 
 trict for the purpose of trying that case. 
 
 "When one party to a case pending in a justice's court makes' 
 the point that the magistrate presiding over that court is dis- 
 qualified, and the other party makes the same point as to the 
 other magistrate of the district, and the case is thereupon tried 
 by a justice from another district of the county 'without any 
 objection being made by either side,' the losing party is there- 
 after estopped from denying the authority of the last-men- 
 tioned justice to preside in the case, especially after such party 
 has recognized the validity of the judgment by entering an 
 appeal therefrom to a jury in the justice's court. 
 
 "If the magistrate in whose court the case was pending was 
 not in fact disqualified, his declining, under such circum- 
 stances as those above indicated, to preside at the first trial did 
 not disqualifv him from presiding at the trial on the appeal." 
 108/659 (84 S. E. 192). 
 
 "When a notary public who is ex officio justice of the peace 
 is disqualified, or refuses to serve, in a given case, or his term 
 of office has expired, after an appeal from his judgment has
 
 78 JUSTICES OF THE PEACE, ETC. 
 
 been entered, the other justice of that district may preside in 
 a trial of the appeal before a jury, especially when neither of 
 the parties before verdict makes any objection to his so presid- 
 ing." 90/206 (15 S. E. 742). 
 
 SEC. 205. WHERE THERE Is No JUSTICE. "Where there 
 is no justice of the peace in any district where a defendant re- 
 sides, or there is one and he refuses to serve generally or in any 
 particular case, the suit may be located in any adjoining dis- 
 trict" Code, 4670. 
 
 SEC. 206. JUSTICE OF THE PEACE MAY ACT AS CORONER, 
 "When there is no coroner in a county, or he is absent from 
 the county when needed, or will not or can not take an inquest, 
 any justice of the peace of the county may act as coroner." 
 Code, $4671. 
 
 "In order for a justice of the peace to be entitled to compen- 
 sation for holding an inquest upon a dead body, he must make 
 it affirmatively appear that he rendered the service under cir- 
 cumstances which gave him the legal right to act as coroner, 
 namely, that there was no coroner in office or that he was absent 
 from the county when needed or would not or could not take the 
 inquest." 94/679 (21 S. E. 828). 
 
 SEC. 207. SUIT MAY BE TRANSFERRED. "If suits are al- 
 ready commenced and are suspended for want of a justice of 
 the peace to preside or competent jury to try such cases, such 
 suits shall be removed to the adjoining districts, unless the evil 
 is removed within sixty days, or upon the fact being made to 
 appear to the court by affidavit of either party to such suits." 
 Code, $4672. 
 
 SEC. 208. SUITS MAY BE TRANSFERRED TO COUNTY-SITE. 
 "If, from any cause, all such suits can not be located or prose- 
 cuted in some adjoining district, they may be commenced or re- 
 moved to the justice's district which embraces the county-site." 
 Code, $4673. 
 
 SEC. 209. POWER OF JUSTICES, ETC. "The justices of the 
 peace and constables of any district where a suit is thus begun 
 or removed have the same power as those officers in the proper 
 districts." Code, $4674.
 
 CONSTABLES 79 
 
 CHAPTER VIII 
 
 CONSTABLES. 
 
 SEC. 210. CONSTABLES, NUMBER, ELECTION, ETC. "There 
 shall be two constables in each militia district of the several 
 counties of this State, elected by the people of each district as 
 in this Code prescribed, who hold their offices for two years 
 unless sooner removed." Code, 4680. 
 
 SEC. 211. How REMOVED. "They are subject to be re- 
 moved from office on the same grounds and on the same pro- 
 ceedings as clerks of the superior court are, and on conviction 
 for malpractice in office as justices of the peace are." Code, 
 4681. 
 
 SEC. 212. VACANCIES. "Vacancies are filled by appoint- 
 ment of the justices of the peace of the district, in the follow- 
 ing contingencies: 
 
 "1. When, from any cause, there is a failure to elect, quali- 
 fy, and give bond at the, regular time. 
 
 "2. When there is a death, resignation, or removal of con- 
 stable. 
 
 "3. When from sickness, or other providential cause, the 
 district is without a constable, there may be an appointment, if 
 an emergency arises, to continue until the regular constable 
 enters' on the discharge of his duties." Code, 4682. 
 
 "Where a constable was appointed by the sole justice in a 
 district to fill the vacancy caused by a failure to elect a con- 
 stable, and the appointee accepted the position and habitually 
 exercised the functions of the office, a levy made by him was 
 not void, although he may not have given the bond and taken 
 the oath provided by law before entering on the duties of his 
 office. He was a de facto officer. 
 
 "That the justice who appointed him resigned and moved out 
 of the county, did not alter the case." 67/725. 
 
 "A justice of the peace must be one of the persons presiding 
 at a constable's election, if there is one in commission to be 
 had who is not a candidate. Where such officer acted for but a 
 portion of the day, the election was rendered illegal. 
 
 "Whenever then- is a failure to elect from any cause, either 
 that the election is illegal or there is no candidate, or if the 
 election be legal and there is a candidate, if he fails to qualify 
 and give bond, then, in legal contemplation, there is a vacancy,
 
 80 CONSTABLES 
 
 and it is the duty of the magistrates to appoint. The county 
 commissioners have no authority to order a new election." 
 65/260. 
 
 SEC. 213. JUSTICES MAY APPOINT EXTRA CONSTABLES. 
 ''When the constables of the district are absent temporarily from 
 the district, the like power may be exercised ; or when the con- 
 stable or constables of the district are engaged in attendance 
 on the county, city, or superior courts, or there is manifest in- 
 jury or delay to the business of the justice's courts, the justices 
 of the peace shall have power to appoint one or more constables 
 and discharge the same at discretion: Provided, that the con- 
 stables appointed hereunder shall be required to give the same 
 bond required from the regular constables, if said special con- 
 stables shall be appointed to serve for a period longer than ten 
 days." Code,* 4683. 
 
 "For, even if no exigency has arisen which would authorize 
 the appointment of special constables under section 4085 or 
 4086 of the Civil Code, certainly as between the applicant for 
 the writ of mandamus and the other regularly elected con- 
 stable for the district the magistrate would have a large dis- 
 cretion in apportioning the writs and processes to be served." 
 134/396, 398 (67 S. E. 825). 
 
 "Where the judge of the county court, who is authorized, if 
 the bailiff is sick, ete., to appoint any person to execute a pro- 
 cess, appointed the person who, as agent of the landlord, had 
 sued out a distress warrant, to execute and return the same, and 
 such person made a levy upon property which was claimed by 
 a third person: 
 
 "Held ; that the appointment was illegal and the levy void, and 
 it was not error in the court below to order the levy to be dis- 
 missed." 52/341. 
 
 "Inasmuch as section 4086 of the Civil Code confers upon 
 justices of the peace power and authority, where "there is mani- 
 fest" injury or delay to the business of the justices' courts," to 
 appoint one or more additional constables and to discharge 
 them in their discretion, and requires the constables so ap- 
 pointed to give the same bond as regular constables, if such addi- 
 tional constables are appointed to serve for a period longer 
 than ten days, the courts will not, upon the application of a 
 regularly elected constable for leave to file an information in 
 the nature of a writ of quo warranto, interfere with the discre- 
 tion of a justice of the peace in appointing a special constable
 
 CONSTABLES 81 
 
 under this section. The appointment being a matter within the 
 discretion of the justice of the peace, an issue of fact can not be 
 raised by an allegation in the petition that there was no neces- 
 sity for the appointment," 108/809 (34 S. E. 183). 
 
 SEC. 214. APPOINTMENT OF CONSTABLES. "If there are 
 two justices of the peace, and they can not agree upon an ap- 
 pointment, the one who has served longer as such, continuously 
 and immediately preceding, shall appoint; if there are two con- 
 stables to appoint, each justice shall appoint one." Code, 
 4684. 
 
 -SEC. 215. WHEN BUT ONE, AY HO MAY APPOINT. "If 
 there is only one justice of the peace, he may make the appoint- 
 ment ; but it shall be in the discretion of the justices, whether 
 one or two, to appoint the second constable or not, if there is 
 one in office, or one or two if there is none in office." Code, 
 4085. 
 
 SEC. 21G. WHEN JUSTICE FAILS TO APPOINT. "If the 
 justices of the peace of any district fail or refuse to have as much 
 as one constable in their district for as long as thirty days 
 from the time such .a vacancy occurs, the ordinary of the county 
 shall fill the appointment." Code, 4686. 
 
 SEC. 217. QUALIFICATIONS OF CONSTABLE. "The eligi- 
 bility for constables is the same as that for justices of the peace; 
 but any persons may be appointed constables to fill vacancies, 
 or to answer some emergency, who are at the time residents of 
 the district." Code, 4687. 
 
 SEC. 218. DISQUALIFICATIONS. "Constables can not be 
 sheriffs or sheriff's deputies, nor can they be clerks of the supe- 
 rior courts, nor can such officers be constables." Code, 4688. 
 
 "Where a constable was specially deputized by the sheriff, 
 and sworn in, for the purpose of serving a particular writ, he 
 became a de facto deputy sheriff, and service by him was legal." 
 61/272. 
 
 "A town marshal may be a bailiff. There is nothing incom- 
 patible or inconsistent in the exercise of the powers and duties 
 of both offices by the same person." 70/646, 647 (5). 
 
 SEC. 219. OATH. "Each constable, before entering on the 
 duties of his office, must take and subscribe, beside the oath for 
 all civil officers, before the ordinary of his county, the follow- 
 ing oath : 'I swear that I will duly and faithfully perform all
 
 82 CONSTABLES 
 
 the duties required of me as constable of the county of -, 
 
 according to the best of my ability and understanding. So 
 help me God.' ' Code, 4689. 
 
 "Where a constable was appointed by the sole justice in a 
 district to fill the vacancy caused by a failure to elect a con- 
 stable and the appointee accepted the position and habitually 
 exercised the functions of the office, a levy made by him. was 
 not void, although he may not have given the bond and taken 
 the oath provided by law before entering on the duties of his 
 office. He was a de facto officer. 
 
 "That the justice who appointed him resigned and moved out 
 of the county, did not alter the case." 67/725. 
 
 "An election for constable, held under a general law which 
 provides for such an election on the same day in each militia 
 district of the several counties of this State, is a State election 
 within the meaning of the statute which forbids the sale or 
 furnishing of intoxicating liquors to any person on days of elec- 
 tion, State, county, or municipal, and the fact that the official 
 duties of the officers elected are confined to respective counties 
 or subdivisions of counties does not change the character of the 
 election." 107/697 (33 S. E. 439). 
 
 SEC. 220. CONSTABLES APPOINTED ON EMEKGENCY. "Con- 
 stables appointed to answer some sudden emergency, as in sec- 
 tion 4682, may take and subscribe said oath before the justices 
 of the peace appointing them, who shall file the same in the 
 office of the ordinary." Code, 4690. 
 
 SEC. 221. BONDS OF CONSTABLES. "All constables, except 
 those thus appointed,, must, before entering on the discharge of 
 their duties, give a bond payable to the ordinary of the county, 
 and their successors, with two good securities resident in the 
 county, in the sum of five hundred dollars, to be approved by 
 such ordinary, which shall be by him filed in his office and 
 recorded in a book kept for that purpose : Provided, that con- 
 stables in militia districts outside of incorporated towns shall 
 give bond for the sum of two hundred dollars." Code, 4691. 
 
 "It is clear from the facts disclosed by the record that the 
 judgment was dormant when the execution was placed in the 
 constable's hands. More than seven years had elapsed from 
 the rendition of the judgment, to wit, May, 1887, to January, 
 1895. It being dormant, the constable had no right or au- 
 thority to levy the execution issued thereon, and if he failed to 
 do so, the sureties on his bond are not liable for his failure.
 
 CONSTABLES 83 
 
 "But it is alleged that the judgment was not dormant, be- 
 cause the execution had several entries thereon which would 
 serve .to keep it alive. The copy in the record does show 
 that there are several entries thereon, and if made by an officer 
 authorized to execute the execution, the judgment would not 
 have been dormant. But, in an amendment to the petition, it 
 is alleged that the entries were made by the plaintiffs in the 
 execution, acknowledging the receipt of certain payments made 
 by the defendant thereon. These entries were not made by an 
 officer authorized to execute the process. The Civil Code, 3761, 
 requires these entries to be made 'by an officer authorized to 
 execute and return the same,' in order to prevent the judgment 
 from becoming dormant. The entries, not having been made 
 by an officer authorized to execute and return it, but by the 
 plaintiffs themselves, are not such entries as will prevent the 
 dormancy of the judgment." 109/342 [34 S. E. 598]. 
 
 "The Political Code, Section 12, expressly provides that upon 
 all bonds taken from public officers, suit may be brought *by 
 any person aggrieved by the official misconduct of the officer, 
 in his own name, in any court having jurisdiction thereof, 
 without any order for that purpose.' A constable is a public 
 officer who is' required by law to give bond conditioned on the 
 faithful performance of his duties. Civil Code, 4094. And if 
 he commits a breach thereof, he and the sureties on his bond 
 may be sued, no preliminary suit against him being requisite 
 to entitle the aggrieved party to sue on the bond. Jefferson 
 v. Hartley, 81 Ga. 716 [9 S. E. 174]." 122/844 (51 S. E. 
 36). 
 
 "The bond of a constable, made, with one security, instead of 
 two, as directed by Statute ; Held, to be a good voluntary bond, 
 
 by the Common Law. Whether good as a statutory bond 
 
 Query? 
 
 "Suit was commenced, and a verdict rendered in favor of the 
 Justices, &c., for the use of James B. Dill, against Azariah 
 Ennis, as surety, in the following bond : 
 
 "Georgia, Scriven County. 
 
 "Know all men by these presents, that we, William H. 
 Bryan and Azariah Ennis, are held and bound unto the Jus- 
 tices of the Inferior Court of said county, in the just and full 
 sum of five hundred dollars, for which we bind ourselves, our 
 heirs, and our executors and administrators, severally and 
 jointly. Now the above bonds are such, that if the said Will-
 
 84 CONSTABLES 
 
 < 
 
 iam H. Bryan do faithfully do and discharge the duties re- 
 quired of him, as constable for said county, and faithfully dis- 
 charge the same, the above bond to be null and void; ether- 
 wise to remain in full force and virtue. 
 
 "Signed and sealed in presence of, ) 
 
 *!. 00, i f T icon WILLIAM II. BRYAN, 
 
 this 8th day of Jan., 1839, > 
 
 T T T -r, t AZARIAH ENNIS. 
 
 LEWIS LEWIS, J. P. 
 
 5/569. 
 
 SEC. 222. ORDINARY MUST CERTIFY TO FILING, ETC. 
 "When such oath is taken and filed and such bond given, such 
 ordinary shall issue to such constable a certificate of such facts 
 and make an entry thereof on his minutes, which certificate 
 shall answer as his commission." Code, 4692. 
 
 SEC. 223. ADDITIONAL SURETY. "Constables may be com- 
 pelled to give additional bonds upon complaint made on oath 
 before the ordinary, if after the hearing such ordinary so or- 
 ders it done and upon failure to do so, they shall be removed 
 by such ordinary." Code, 4693. 
 
 SEC. 224. MAY BE RULED IN JUSTICE'S COURT. "They 
 are liable to rule, attachment, and penalties in their respective 
 districts ; but in default of any justice of the peace in such dis- 
 trict, or if there are such who refuse to serve, they may be ruled 
 before any justice's court of an adjoining district, or the supe- 
 rior court." Code, 4694. 
 
 SEC. 225. MAY BE RULED IN SUPERIOR COURT. "It is 
 optional with parties to rule constables before the superior 
 court of their respective counties, in term time, on the same 
 terms that justices of the peace are ruled." Code, 4695. 
 
 SEC. 226. SPECIAL DUTIES. "It is their duty 
 
 "1. To attend regularly all terms of the justice's court in 
 their respective districts. 
 
 "2. To attend all terms of the superior courts of their re- 
 spective counties, when summoned by the sheriff for that pur- 
 pose. 
 
 "3. To give receipts for notes or other liquidated demands 
 placed in their hands for collection. (A constable may in his 
 official capacity receive notes and other liquidated demands 
 for collection, and is subject to rule if he fails to pay over 
 the proceeds of the collection to the person entitled thereto. 5 
 App. 421 (63 S. E. 517).
 
 CONSTABLES 85 
 
 "4. To pay over money promptly as collected to the party 
 entitled thereto ; and in cases of conflicting claims to any money, 
 to repprt the same to the next justice's court of the district 
 where they are amenable, for its order in the premises. (Where 
 all collections made on processes from a justice's court by the 
 constable thereof were, pursuant to an agreement between him 
 and the justice of the peace, delivered, when made, to the latter, 
 who on every Saturday distributed all amounts thus collected, 
 .and all amounts collected by the justice of the peace and his 
 clerk during the week, to the parties entitled thereto; held, 
 that the amount due the constable, embraced in the collections 
 made by him, which were held for him by the justice of the 
 peace, could be subjected to the debts of the constable, by serv- 
 ing garnishments on the justice of the peace. 131/563 (62 
 S. E. 989).) 
 
 "5. To execute and return all warrants, summonses, execu- 
 tions, and other processes to them directed by lawful authority. 
 ("It is no ground for an affidavit of illegality that a fi. fa. from 
 a justice's court was levied by a constable outside of the dis- 
 trict where the judgment was entered, and outside of the county 
 of defendant's residence, when it appears that the property 
 levied on was found in the bailiwick of the officer making the 
 levy nor was it necessary that the fi. fa. should have been backed 
 by a magistrate of the county of the defendant's residence, to 
 authorize the levy made in this case." 70/647. "When a Mag- 
 istrate's execution is lost, and its contents proven, and also the 
 levy on the land by a Constable, and a return of the same to 
 the Sheriff, the Court will presume that there was also on it, 
 the Constable's entry of 'no personal property to be found/ &c. 
 The general rule is, that when an officer is required to do an act, 
 the omission to do which would make him guilty of a culpable 
 neglect of duty, it ought to be intended that he has duly per- 
 formed it, unless the contrary is made to appear." 6/188. "It. 
 is the duty of the Constable to make an entry of service on the 
 summons or warrant, in writing, and sign such return." 9/471. 
 "Under section 4142 of the code, the constable of a militia dis- 
 trict other than that from the justice's court of which an execu- 
 tion issued, may levy the same upon the property of the de- 
 fendant in execution in any militia district of the same county, 
 although at the time there was a lawful constable in the latter 
 district," 99/459 (27 S. E. 717). "Prior to the passage of the 
 act of 1869, which is incorporated in section 4142 of the code,
 
 86 CONSTABLES 
 
 executions issued from justices' courts, being addressed to all 
 and singular the constables of the county within which they 
 were issued, might be well executed within his own bailiwick 
 by any constable in any district within the county; for by sec- 
 tion 478 of the code it was made the duty of constables to 
 execute and return all warrants, summons, executions, and 
 other process to them directed by lawful authority. The act 
 of 1869, to which reference has above been made, was entitled, 
 'An act to extend the jurisdiction of constables in the several 
 counties' in this State.' It provides, 'That from and after the 
 passage of this act, it shall be lawful for any constable of the 
 several counties of this State to execute and return any process 
 issued by a justice of the peace or notary public of said counties, 
 but he shall return the said process to a justice of the peace re- 
 siding in the militia district where the defendant or defendants 
 resided at' the time of issuing said process.' The effect of this 
 act was to extend the territorial area of the constable's jurisdic- 
 tion so as to enable him to execute process of magistrates' 
 courts in districts other than his own. So that, possessing au- 
 thority, before the passage of the act, to execute such process is- 
 sued from any justice's court in the county within the limits 
 of his own bailiwick, the effect of the act was to enable him to 
 execute such process in any bailiwick within the limits of the 
 county. The execution of this process, in so far as levy and 
 seizure of the property is concerned, is consistent with the other 
 provisions of the code prescribing the duties of the constable ; 
 but when it comes to the sale of the property seized under such 
 an execution, the statute requires that the place of sale shall be 
 at the court ground of the bailiwick of the constable. Code, 
 4172, .4172 (a). The case of Divine v. Bailey, 62 Ga. 235, 
 is readily distinguishable from the one now under considera- 
 tion, for the reason that in that case the question was upon the 
 validity of the sale. The seizure was made under an execu- 
 tion issued from one justice's court by the constable of another, 
 who undertook to sell the property at the court ground of yet 
 another militia district. So that, \vhile in so far as the mere 
 seizure of the property was concerned he was acting within the 
 limits of his constabulary authority, when he undertook to 
 effectuate the seizure by making a sale he selected a time and 
 place different from that proscribed by law. This court could, 
 and did, therefore, in that case properly hold that the sale 
 was void. The question under consideration in that case was
 
 JURISDICTION OF THE JUSTICE COURT 87 
 
 whether the sale was void, and the conclusion which we reach 
 in the present case is in perfect harmony with the doctrine ap- 
 plied in that. We are not inclined to agree altogether with 
 (he line of reasoning adopted by the court in stating the con- 
 siderations which induced its conclusions, and are, therefore, 
 not inclined to extend the doctrine of that case beyond the neces- 
 sary limits of the question expressly decided by it. In the 
 present case an 1 execution was issued from one district, which 
 \vas levied upon land in the district from which the judgment 
 issued, by a constable residing in another district, and a claim 
 interposed by a third person. The question, therefore, is upon 
 the validity of a levy, and not upon the validity of a sale." 
 99/460 (27 S. E. 717). 
 
 "6. To perform such other duties as are or may be required 
 of them by law, or which necessarily appertain to their offices." 
 Code, 4696. 
 
 SEC. 227. PERSONS ACTING AS CONSTABLES AFTER TERM OF 
 OFFICE EXPIRES. "If any constable exercises the duties of his 
 office after removal from the district where he was elected or ap- 
 pointed, he is subject to a fine of fifty dollars for every such 
 act, to be recovered before any justice of the county in which 
 lie resides, by any one suing for the same - - one half to the 
 use of such person, the other half to the use of the county." 
 Code, 4697. 
 
 CHAPTER IX 
 JURISDICTION OF THE JUSTICE COURT. 
 
 SEC. 228. CIVIL JURISDICTION. "They have a general and 
 original jurisdiction : 
 
 "1. In all civil cases arising ex contractu, and in cases of 
 injuries or damages to personal property, where the principal 
 sum claimed does not exceed one hundred dollars, and in cases 
 where the debt has been larger and the balance due is not more 
 than said amount. 
 
 "2. Of contests for the mere possession of personal prop- 
 erty. 
 
 "3. Of forcible entries and detainers, or either, with the 
 aid of a jury of twelve men, as prescribed by this Code.
 
 88 JURISDICTION OP THE JUSTICE COURT 
 
 "4. Of all other causes when jurisdiction is constitutionally 
 given them, in their capacity as courts of justice." Code, 
 4665. 
 
 SEC. 229. LIMITS OF JURISDICTION. "Their civil jurisdic- 
 tion extends over persons resident of their respective districts 
 and itinerant persons, and to persons of other districts in cer- 
 tain particular cases provided for in this Code." Code, 4667. 
 
 SEC. 230. SUITS ON SEVERAL NOTES FOR SAME DEBT. 
 "The justices' courts have jurisdiction of all suits brought on 
 two or more promissory notes, or other evidences of debt, not 
 exceeding one hundred dollars principal each, although given 
 between the same parties for one and the same debt or consid- 
 eration." Code, 4709. 
 
 SEC. 231. TEN DAYS RESIDENCE GIVES JURISDICTION. 
 "Ten days residence of a party within a militia district shall 
 be sufficient to give the justice's court of such district jurisdic- 
 tion of suits against him." Code, 4710. 
 
 SEC. 232. CO-OBLIGORS SUED IN EITHER DISTRICT. "When 
 a bond, note, bill, open account, or other evidence of debt shall 
 be against several persons residing in different counties or dis- 
 tricts, the plaintiff shall have his option to bring suit on such 
 demand in either of such counties or districts." Code, 4711. 
 
 SEC. 233. SUIT AGAINST MAKER AND INDORSER, WHERE 
 BROUGHT. "The maker and indorser of a promissory note, or 
 other evidence of debt, not exceeding one hundred dollars prin- 
 cipal, may be sued in the district of the maker's residence and 
 the indorser may be served with process in the same manner as 
 that prescribed in the case of joint contractors." Code, 4714. 
 
 SEC. 234. IN CASE OF CO-OBLIGORS. "In case where suit 
 is brought against joint obligors or joint promisors, or other 
 joint debtors, and in cases where the justice of the peace is a 
 party, and in cases where there is no justice in the district of 
 the defendant's residence, in all these and like cases, the con- 
 stable of the district in which suit is brought may serve all 
 processes on all the parties, and do all other legal acts required 
 of him in the progress of such suit, in any district of the 
 county." Code, 4719. 
 
 SEC. 235. WHERE DEFENDANTS RESIDE IN DIFFERENT 
 COUNTIES. "In suits in the justices' courts of this State against 
 joint obligors, joint contractors, copartners, joint trespassers, 
 makers and inclorsers of promissory notes, drawers, acceptors,
 
 JURISDICTION OF THE JUSTICE COURT 89 
 
 and indorsers of foreign and inland bills of exchange, or other 
 like instruments, if any of the defendants reside out of the 
 county, the justice of the peace shall issue a second original 
 and copy for such other county or counties, and forward the 
 same to any constable of the county where such defendant may 
 reside, who shall serve the copy and return the second original 
 with his entry thereon to the justice of the peace before whom 
 the suit is brought." Code, 4720. 
 
 SEC. 236. DECISIONS RELATING TO JURISDICTION. "The 
 Constitution declares that justice's courts shall sit at fixed 
 times and places. Const, art. 6, sec. 7, par. 2 (Civil Code 
 (1910), Section 6524). By section 4705 of the Civil Code 
 it is declared that 'All judgments of such justices rendered, in 
 any civil cause, anywhere else than at the place for holding 
 their courts lawfully appointed are void.' No provision is 
 made for holding such courts by agreement at other places than 
 those fixed by law. Accordingly, the trial and verdict in this 
 case were not merely irregular, but, by the positive terms of the 
 statute, were void." 143/554 (85 S. E. 861). 
 
 A justice's court has no jurisdiction to foreclose a material 
 man's lien or lien for work done on real property. 142/590 
 (83 S. E. 239). 
 
 Parties can not by consent make a valid judgment where the 
 same has been rendered otherwise than at the regular fixed 
 place. 144/292 (86 S. E. 1085). 
 
 When the cause of action is ambiguous, the same should be so 
 construed as to uphold the jurisdiction of the justice's courts. 
 17 App. 53 (86 S. E. 258). 
 
 "The amount in controversy which fixes the jurisdiction of a 
 justice's court is 'the principal sum claimed.' Civil Code, 
 4665 (1). 
 
 "Where, by a construction favorable to the jurisdiction of a 
 justice's court over the subject-matter of a plea in recoupment 
 interposed to a suit on contract, it reasonably appears that the 
 defendant seeks to recover damages arising under the contract, 
 for a breach of warranty, rather than for a tort by an action 
 for deceit, such damages arising under the contract may be set 
 up in extinguishment of the plaintiff's demand ex contractu, 
 and a recovery had, if warranted by the evidence, for the excess 
 of the demand of the defendant over that of the plaintiff, pro- 
 vided such balance does not exceed the jurisdiction of the 
 court.
 
 90 
 
 "No notice to a plaintiff of the filing of a plea of recoup- 
 ment by the defendant, claiming damages in excess of his de- 
 mand on an unconditional contract in writing, is necessary to 
 authorize the trial of a case in a justice's court at a term subse- 
 quent to that at which the plea is filed and in the absence of 
 the plaintiff without legal excuse. One who brings a suit in 
 any forum competent to render a legal and binding judgment 
 must at his peril follow up the subsequent proceedings in the 
 case, and is bound by the action of the court therein, where the 
 court acts within its jurisdiction and the proceedings are other- 
 wise legal." 17 App. 779 (88 S. E. 703). 
 
 Jurisdiction as to amount in suit on note including attor- 
 ney's fees is determined without any reference to such fees, 
 where no notice, as required by law, is alleged. 17 App. 450 
 (87 S. E. 679). 
 
 A verdict is not authorized unles's a summons has been issued. 
 17 App. 699 (87 S. E. 1092). 
 
 A plaintiff is not required nor is he bound to claim all the 
 damages that he is entitled to and thereby prevent a justice 
 court having jurisdiction. 16 App. 388 (85 S. E. 615) ; 127/ 
 778 (56 S..E. 1026). 
 
 A justice's court has no jurisdiction to foreclose a lien on 
 real estate. 15 App. 369 (83 S. E. 448). 
 
 An attempt to foreclose a lien may be cured by amendment 
 striking all reference thereto. 15 App. 455 (83 S. E. 896). 
 
 "In practically all cases arising in justice's courts, there arc 
 no pleadings from which the issue between the parties can be 
 accurately ascertained, and in such cases, the issue raised is 
 raised by the evidence adduced on the trial." 15 App. 814 (84 
 S. E. 211). 
 
 You can waive the tort and sue on the contract ex contractu 
 in a justice's court. 14 App. 597 (2) (81 S. E. 800). 
 
 All the facts necessary to give a court jurisdiction need not 
 appear on the face of the execution. 14 App. 380 (80 S. E. 
 909). 
 
 "A justice's court has no jurisdiction of an action of tort un- 
 less the alleged wrong consisted of injuring or damaging per- 
 sonal property belonging to the plaintiff. Such a court, there- 
 fore, can not lawfully entertain or try a suit against a defendant 
 for fraudulently removing property subject to a lien held by 
 the plaintiff, or for conspiring with another so to do." 105/88 
 (31 S. E. 736).
 
 JURISDICTION OF THE JUSTICE COURT 91 
 
 "A summons in a justice's court required the defendant to 
 appear and 'answer the demand of B. H. Stripling in an action 
 for damages for breach of contract in the sum of $100.' At- 
 tached to the summons was a statement of the alleged cause of 
 action, in which $100 was set forth as damages for the breach 
 of a contract. Following this was an itemized statement show- 
 ing damages in different amounts, resulting from various causes, 
 the aggregate amount being $132.50. Following this statement 
 were these words: 'To amount written off and unclaimed, to 
 bring case within J. P. jurisdiction, $32.50.' Held, That the 
 suit was within the jurisdiction of the justice's court." 127/ 
 778 (1) (56 S. E. 1026). 
 
 "Where a running account continued through several con- 
 secutive years, being added up at the end of each year, the 
 credits subtracted, and the balance carried forward to the next 
 year, and, after the account had thus continued for several 
 years, the aggregate balance was more than one hundred dollars, 
 the creditor could not divide it into two parts, and thus bring 
 each within the jurisdiction of a justice's court. Although the 
 creditor might have sued at the end of each year, if the balance 
 at the end of the year was charged up on the next year's account, 
 and' this was continued through several years without a settle- 
 ment, the whole became but one account and but one indebted- 
 ness." 72/147. 
 
 "Where one sold to another on credit two bills of merchandise 
 on different days- in two consecutive months of the same year, 
 the presumption, in the absence of any proof to the contrary, 
 was that the demand arising upon the two sales constituted one 
 entire and indivisible account in favor of' the seller against the 
 purchaser; and this being so, the former could not divide the 
 same into two separate accounts predicated respectively upon 
 the two sales, so as to bring actions thereon within the jurisdic- 
 tion of a justice's court. 
 
 "Where two such actions were brought and a plea in abate- 
 ment for want of jurisdiction was filed, the burden of proof was 
 upon the plaintiff to show that the two alleged accounts were 
 not one and the same account, but that they arose upon distinct 
 and separate transactions." 97/802 (25 S. E. 369). 
 
 "Where by agreement an account for goods sold on the same 
 day was divided into four distinct parts, due on different days, 
 the creditor had a right of action on each as it fell due, and if
 
 92 JURISDICTION or THE JUSTICE COURT 
 
 he waited until all had fallen due, he might sue on them sepa- 
 rately or unite them, and he was not compelled to unite them 
 so as to prevent the jurisdiction of a justice's court. 
 
 " 'Liquidated,' as used in section 447 of the Code, as to 
 dividing claims so as' to bring them within the jurisdiction of a 
 justice's court, is equivalent to settled, acknowledged or agreed. 
 
 "Where suits were brought on open accounts in a justice's 
 court, and personal service had, if the defendant failed to appear 
 and defend, cases were properly considered in default, and 
 judgments were properly rendered without proof of the ac- 
 count." 76/631. 
 
 "A running book account, all the items of which have matured 
 at the time of the suit can not be split into separate parts, with- 
 out the consent of the defendant, for the purpose of bringing 
 each part within the jurisdiction of a justice's court; the ac- 
 count constitutes one demand, and all the items thereof must 
 be included in a single suit. If the running account thus indi- 
 visible is divided into separate parts, a recovery upon one part 
 would ordinarily be a bar to a subsequent action for any items 
 of the account not included within the first suit. 
 
 "Where a running account containing debits and credits is 
 divided into two parts and a suit is brought on each part, and 
 to the first suit a plea to the jurisdiction is filed in the court in 
 which the suit originated, on the ground that the account has 
 been improperly split into two parts for the purpose of giving 
 the court jurisdiction, which it otherwise would not have of the 
 entire account, and this plea is decided against the defendant 
 on the necessary ground that the account was, as a matter of 
 law, divisible, and he acquiesces in such adverse decision, al- 
 though the decision was erroneous, he is estopped from renewing 
 the same objection to the second suit, brought against him for 
 the items of the account not included within the first suit." 
 9 App. 733 (72 S. E. 174). 
 
 "A justice's court has no jurisdiction of an action for dam- 
 ages to realty. 
 
 "Fences permanently affixed to land constitute a part of the 
 realty; and, as a general rule, unmatured crops growing upon 
 lands belonging to the owner of the crops are to be regarded as 
 part and parcel of the land. 
 
 "It follows that a justice's court has no jurisdiction of an 
 action for damages' alleged to have been occasioned by the negli-
 
 COMMENCEMENT OF SUITS IN JUSTICE COURTS 93 
 
 gence of a railway company in setting fire to and burning fences 
 enclosing the plaintiff's land, and causing damage to his pasture 
 and to a crop of unmatured cotton growing in his field." 98/ 
 G26 (25 S. E. 638). 
 
 CHAPTER X 
 
 COMMENCEMENT OF SUITS IN JUSTICE COURTS. 
 
 SECTION 237. WHAT Is A CAUSE OF ACTION. It is not every 
 claim that a plaintiff has against a defendant that can be brought 
 on an account. The statute says the justice of the peace shall 
 attach to the summons a copy of the note, account, or cause of 
 action. The cause of the action may not be an account, and in 
 such case the plaintiff, where it is not on an account, must set 
 forth in his cause of action such facts as' will show an obliga- 
 tion of a money demand on the part of defendant to the plaintiff. 
 
 "Relatively to the law of pleading, a cause of action is some 
 particular right of the plaintiff against the defendant, together 
 with some definite violation of that right." 120/785 (48 S. E. 
 318). 
 
 Where the suit is upon a note, it appears that the defendant, 
 the maker of the note is under contract to pay the money. So 
 in a suit upon an account, where an account is made out against 
 the defendant, the court can see that the plaintiff is insisting 
 on the contract on the part of defendant to pay for the property 
 bought. When the suit is brought upon a cause of action, there 
 must be attached to the summons a statement of facts that shows 
 the defendant is under some legal responsibility to the plaintiff. 
 
 SEC. 238. SUITS, How COMMENCED. "All suits before jus- 
 tices of the peace and notaries public, who are ex-officio justices 
 of the peace, shall be commenced by written summons, which 
 shall be issued and signed by the justice of the peace or notary 
 public of the district in which the suit is brought, and shall be 
 directed to any lawful constable of the county in which the suit 
 is commenced, commanding the defendant to appear at the time 
 and place of trial, which time and place shall be specified in 
 said summons, and such justice of the peace or notary public 
 shall attach a copy of the note, account, or cause of action sued 
 on, to said summons at the time the same is issued." Code, 
 4715.
 
 94 COMMENCEMENT OF SUITS IN JUSTICE COURTS 
 
 SEC. 239. WHAT Is COMMENCEMENT OF SUIT. "The date 
 of the issuing of the summons shall be considered the commence- 
 ment of the action." Code, 4716. 
 
 SEC. 240. SUMMONS, AND FORM THEREOF. 
 
 Georgia, County. 
 
 JOHN DOE } Suit in Justice Court of the 
 
 VS. / District, G. M., of said County, 
 
 EICHARD ROE ) . Term, 19 .... 
 
 To All and Singular, the Constables of said County, Greeting: 
 
 The defendant, of said District and County, is hereby com- 
 manded to be and appear at the next regular term of the Justice 
 
 Court in and for said district to be held on the day 
 
 of , 19. . . ., at ten o'clock, A. M., at the usual 
 
 place of holding the Justice Court in said district at the court- 
 house in the city of , then and there to answer 
 
 plaintiff's 1 demand upon a certain note, a copy of which is 
 hereto attached. And in default thereof, the Court will proceed 
 as to justice shall appertain. Herein fail not. 
 
 Given under my hand and official signature this the 
 
 day of , 19 
 
 ..., J. P. 
 
 The law says that the time and place must be specified in the 
 summons. Of course there is no trouble about specifying the 
 date. It has been the practice to specify the place simply by 
 saying, "at the usual place of holding the justice court in and 
 for said district." It is necessary in the city where the courts 
 of the justice of the peace and the notary public are held at 
 different places to specify the exact locality. It is better in any 
 summons to specify "at the court house in said district." The 
 summons should read this way : "to be and appear at the usual 
 place of holding justice courts in and for said district at the 
 court house." There is no direct adjudication on this point 
 as to the form of a summons, but there is no reason why the 
 statute should not be followed, since when the summons is right 
 there could be no question raised about it. 
 
 The law says "to each summons shall be attached a copy of 
 the note, account or cause of action sued on." Suppose the 
 cause of action sued on is a note that has provisions for attor- 
 ney's fees. It has been decided that where a note contains a 
 provision for attorney's fees and there is no reference made to 
 this in the summons and no notice given, that it is a suit simply
 
 COMMENCEMENT OF SUITS IN JUSTICE COURTS 95 
 
 for the principal amount. Take, for instance, a note for $100.00 
 together with all costs of collection, including 10% attorney's 
 fees, and a copy of the note is attached containing this pro- 
 vision, the result is that it is a suit for the $100.00. Again, 
 if the note is for $80.00 and contains a provision for attorney's 
 fees as above set forth, and is intended to collect the attorney's 
 fees, the proper practice here would be to state in the summons 
 "to answer plaintiff's demand on a certain note and claim for 
 attorney's fees thereon, a copy of which said note and said 
 claim are hereto attached." Then attach to the copy note a 
 claim for attorney's fees which may be in this form : "In addi- 
 tion to the principal and interest on said note plaintiff claims ten 
 per cent, attorney's fees on the principal and interest thereof, 
 he having given the defendant notice in writing of his intention 
 to sue this' note to this term of the court, and that he would claim 
 said attorney's fees on the principal and interest unless said note 
 was paid on or before the return day of said court." 
 
 The form of a proper notice to the defendant of his intention 
 to claim attorney's fees on said note appears in Part II, page 
 175. 
 
 Coming back to a suit upon the note for $80.00, the summons 
 would be as follows: 
 JOHN DOE "| In the Justice Court of the ............ 
 
 vs. V District, G. M., of ................ 
 
 EICHAED ROE j County, .............. Term, 19 .... 
 
 To All and Singular, the Constables of said County, Greetings: 
 
 The defendant, Richard Roe, of said district and county, is 
 hereby commanded to be and appear at the usual place for 
 holding the Justice Court of the ........... district, G. M., 
 
 of said County, at the court house in .................. , on 
 
 the ............ day of .................... , 19 ...... , 
 
 at ten o'clock, A. M., then and there to answer plaintiff's de- 
 mand on a certain note and claim for attorney's fees thereon, 
 a copy of which said note and claim are hereto attached. In 
 default, the Court will proceed as to justice may appertain. 
 Given under my hand and official signature this ........ day 
 
 of ........ . ...... 19 ....... 
 
 Attach to this summons a copy of the note and also a copy 
 of the claim for attorney's fees. 
 
 This notice of intention to sue and claim of attorney's fees 
 can be made in manifold, and one of these served upon the
 
 96 COMMENCEMENT OF SUITS IN JUSTICE COURTS; 
 
 defendant ten days before the return day, and the other one 
 copy as evidence of the contents of the notice served, and the 
 same may be put in evidence as has been decided in 6 App. 275 
 (65 S.'E. 35). 
 
 Where no attorney's fees are claimed, even though expressed 
 in the note, a party can sue on the note with such provision in 
 it and pay no regard whatever to the attorney's fees. In such 
 an event he would be entitled to a judgment for the principal 
 and interest due on the note and the cost of the suit. 
 
 SEC. 241. SUIT ON NOTE BY PETITION IN JUSTICE COURT. 
 A suit on a note may be brought in the justice court by petition, 
 and this is a safe way of filing said suit where attorney's fees 
 are claimed. In such case this form of petition might be 
 adopted : 
 
 To the Justice Court of the District, G. M., 
 
 of said County, , J. P. 
 
 The petition of John Doe as plaintiff against Richard Roe, 
 defendant, shows: 
 
 1st. That on the day of , 19 , 
 
 Richard Roe made and executed to plaintiff a certain promis- 
 sory note for the sum of Dollars, principal 
 
 debt, with interest at per cent, per annum from date, 
 
 due , 19 ...., which note contains a pro- 
 vision that in case said note is' sued or collected through an 
 attorney, the defendant agrees to pay all costs of collection, 
 including ten per cent, attorney's fees. 
 
 2nd. That the defendant refuses and fails to pay said note, 
 
 and that on , 19. . . ., plaintiff served 
 
 defendant personally with a notice in writing of his intention 
 
 to bring suit on said note to the term, 19. . . ., 
 
 of said court which sits on the day of 
 
 19..:., and that unless the defendant paid said note on or 
 
 before the return day of said court which was on , 
 
 19. . . ., that in such event plaintiff would claim the attorney's 
 fees expressed in said note according to the terms thereof, copy 
 of which said notice is hereto attached and made a part of this 
 petition. 
 
 3rd. Defendant having failed to pay said note plaintiff 
 brings this his suit to said term of said court, and prays that 
 summons issue according to law commanding the defendant to 
 be and appear at said term to answer plaintiff's demand.
 
 COMMENCEMENT OF SUITS IN JUSTICE COURTS 97 
 
 To this petition attach copy of note and notice. 
 
 It will be noticed that this petition is paragraphed. It is 
 not necessary to paragraph a petition to the justice court, but 
 it is simply an orderly way of making a petition. It must be 
 remembered that where a petition is filed in the justice court, 
 the summons can not be dispensed with, but the petition is 
 simply attached to the summons and the reference to the peti- 
 tion in the summons might be in this language: "to answer 
 plaintiff's' demand on a certain promissory note and claim for 
 attorney's fees as shown by petition and copy of note hereto 
 attached." 
 
 SEC. 242. SUMMONS IN SUIT ON ACCOUNT IN JUSTICE COURT. 
 In a suit on an account in a justice court, the summons should 
 read : "To answer plaintiff's demand on a certain account for 
 
 the sum of Dollars, a copy of which is 
 
 hereto attached." The summons in such case may be in the 
 form appearing in Part II, p. 173. 
 
 The plaintiff need not verify the account attached to the sum- 
 mons unless he sees proper, but it is a better plan, since in such 
 case the defendant must meet the account by a counter-affidavit 
 denying the justice and fairness of said account, of the whole 
 or any part of such account. The defendant will not be allowed 
 to introduce evidence in his defense, unless such counter-affidavit 
 is filed. Where he files the counter-affidavit, the plaintiff is 
 required to offer additional evidence in proof of the account 
 before the court is authorized to give judgment therefor. Where 
 the affidavit is filed to the account, and is met by a counter 
 affidavit filed by the defendant, the question comes then upon 
 the trial for the justice to determine as to whether the defendant 
 owes the account or not, or as to whether there is any part of it 
 that he does not owe. 
 
 The statute further provides that a plaintiff can not verify 
 an account by an affidavit where the suit is against an adminis- 
 trator or executor upon the contract made by the intestate or 
 dead man during his life time. Where the defendant does not 
 owe the account or any part of it, under the statute which has 
 been quoted, if he seeks to defend the case, he is compelled to 
 file a counter-affidavit to such account. In such case, the form 
 of the affidavit may be as follows :
 
 98 COMMENCEMENT or SUITS IN JUSTICE COURTS' 
 
 Georgia, : County. 
 
 In the Justice Court of the. . 
 
 District, G. M., of, 
 County, Georgia. 
 
 Term, 19 
 
 JOHN DOE 
 
 vs. 
 RICHARD ROE 
 
 SUIT ON ACCOUNT. 
 
 Personally appeared before the undersigned attesting officer, 
 Richard Roe, who, being duly sworn, on oath says that for 
 answer in the above named and stated case, defendant denies 
 the justice and fairness of said account, and says that he is not 
 indebted to the plaintiff upon the account sued on in any sum 
 whatever. 
 
 Sworn to and subscribed before me, this 
 
 the day of , 19 .... 
 
 ,J.P. 
 
 This counter-affidavit must be filed at the first term. If for 
 any reason the case is not tried at the first term, this counter- 
 affidavit might be filed at any time subsequently, provided the 
 jiistice has not rendered judgment in the case. It is the duty 
 of the justice where there is personal service and the account 
 is verified, to render ju'dgment at the first term in the absence 
 of a counter- affidavit. The defendant, after judgment is ren- 
 dered against him, can not appeal the case and file the affidavit 
 subsequently, on the appeal. He is concluded by the judgment. 
 
 SEC. 243. SUMMONS, How SERVED. "All summonses' shall 
 be served upon the defendant either by giving him a copy of the 
 same in person, or by leaving such copy at his usual and most 
 notorious place of abode, at least ten days before the trial." 
 Code, 4717. 
 
 SEO. 244. SUMMONS, BY WHOM SERVED. "The summons 
 may be served by the constable of the district in which the suit 
 is commenced, or if there be no such constable, or if he be a 
 party to or interested in the case, such summons may be served 
 by any. constable of the county ; and it shall be lawful for any 
 constable of the several counties of this State to execute and 
 return any process issued by a justice of the peace or notary 
 public of said counties, but he shall return the said process to 
 a justice of the peace residing in the militia district where the 
 defendant c/ defendants resided at the time of issuing said 
 process." Code, 4718.
 
 TRIAL AND JUDGMENT 99 
 
 SEC. 245. SHERIFFS MAY EXECUTE JUSTICE COURT PROC- 
 ESSES. "Sheriffs or other deputies may serve or execute all 
 summonses, executions, or other processes issued from justices' 
 courts, as such processes may now be served or executed by 
 constables, and for such services shall receive the same fees as 
 are now allowed constables: Provided, that while it shall be 
 legal for the sheriff to serve justice court processes, he shall not 
 be entitled to charge the defendant, or losing party, any greater 
 fees than those now allowed by law to constables for like service ; 
 but if the party wishing any process, mesne or final, served and 
 executed will pay to the sheriff, in advance, the difference in 
 the fees now allowed to constables for such services and that 
 allowed sheriffs for serving papers issued from the superior 
 courts, the sheriff shall be bound to serve such process." Code, 
 4915. 
 
 SEC. 246. FORM OF ENTRY OF SERVICE. The constable 
 should endorse upon the summons a return of service, which 
 may be in this form: 
 Georgia, County. 
 
 I have this day served Richard Roe personally with a true 
 
 copy of the within summons. This , 19. ... 
 
 , L. C. 
 
 OR: 
 Georgia, County. 
 
 I have this day served the defendant, Richard Roe, with a 
 true copy of the within summons by leaving the same at his 
 
 usual and most notorious place of abode. This 
 
 19 
 
 , L. C. 
 
 When the constable has served the summons and made his 
 return upon it, he should return the original summons to the 
 justice of the peace. 
 
 CHAPTER XI 
 
 TRIAL AND JUDGMENT. 
 
 SECTION 247. CASKS, WHEN TRIED. "All cases before a 
 justice of the peace stand for trial at the time and place desig- 
 nated in the summons, and shall be then and there tried, unless 
 continued according to law." Code, 47-'!-!.
 
 100 TRIAL AND JUDGMENT 
 
 SEC. 248. DEFENSE AT FIRST TERM. "Whenever the de- 
 fendant in the justices' courts on an unconditional contract in 
 writing makes defense, he shall make such defense at the first 
 term." Code, 4734. 
 
 "Since the passage of the act of October 16th, 1891 (Acts 
 of 1890-91, vol. 1, p. Ill), it is not, in a justice's court, essen- 
 tial to the right of amending a plea and making a defense to a 
 suit upon an unconditional contract in writing that the de- 
 fendant should in writing, at the first term, file his defense. 
 Appearance and marking the name of himself or counsel on the 
 docket is in that court equivalent to filing the general issue, and 
 thereafter any other proper matter of defense may be set up by 
 amendment." 95/714 (22 S. E. 653). 
 
 The defendant in a justice's court, when sued on an uncondi- 
 tional contract in writing, must appear and make his defense 
 at the first term, either by pleading or by the marking of his 
 name, or that of his attorney, on the docket. Civil Code, 4134 ; 
 95/714 (22 S. E. 653) ; 110/791 (36 S. E. 75). 
 
 "When no defense whatever is made at or before the first 
 term to a suit in a justice's court on an unconditional contract 
 in writing, no plea can be filed on an appeal to a jury from the 
 judgment rendered in favor of the plaintiff. The justice did 
 not err in dismissing the appeal." 6 App. 154 (64 S. E. 493). 
 
 "It is too late, on the trial of an appeal in the superior court 
 from a judgment rendered in a justice's court upon an uncon- 
 ditional contract in writing, for the defendant to file a plea, 
 when it affirmatively appears that no defense whatever was made 
 in the lower court at or before the first term of the case." 110/ 
 791 (36 S. E. 75). 
 
 "When a suit is brought on an unconditional contract in 
 writing, in a justice's court, and the defendant appears at the 
 first term and files a plea, and the case is appealed to the superior 
 court and such plea is there stricken, it is error for the judge 
 to enter judgment against the defendant without the verdict of 
 a jury." 125/43 (53 S. E. 767). 
 
 "In Stanton vs. Burge, 34 Ga. Rep. 435, it was held that a 
 plea of non est factum might be filed at a subsequent term of 
 the court by way of an amendment to the defendant's pleadings, 
 and the same ruling was made in Akin vs. The Ordinary of 
 Bartow County, 54 Ga. Rep. 59." 60/51. 
 
 "The plea of non est factum may be filed after the first term, 
 as an amendment to an answer duly filed." 7 App. 153 (66 
 S. E. 546).
 
 TRIAL AMD JUDGMENT 101 
 
 SEC. 249. TRIAL TERM. "When such defense is thus made, 
 the. cause shall stand for trial at the next term (subject, how- 
 ever, to continuance as provided by law) : Provided, that said 
 cause may be tried at the term when said plea is filed, if the 
 plaintiff or his attorney is present consenting thereto." Code, 
 4735. 
 
 SEC. 250. CONTINUANCES. "If either party is not ready for 
 trial at the time and place designated in the summons, the justice 
 or commissioned notary public may continue the case upon a 
 sufficient legal showing. But neither party shall be entitled to 
 more than one continuance, unless it be from providential 
 cause." Code, 4736. 
 
 SEC. 251. JUSTICE TO GIVE JUDGMENT. "When cases are 
 tried, the justices of the peace shall render judgment therein 
 according to the law and the facts of each case, and such judg- 
 ment shall be enforced by execution unless prevented by appeal 
 or other lawful means." Code, 4737. 
 
 SEC. 252. JUDGMENTS, WHEN VOID. "All judgments of 
 such justices rendered, in any civil cause, anywhere else than 
 at the place for holding their courts lawfully appointed are 
 void." Code, 4705. 
 
 "It is the proper practice for a Justice of the Peade not only 
 to render, but to write out his judgment at the court-ground 
 before he adjourns his court." 81/199 (6 S. E. 277). 
 
 "Where a note was sued upon in a justice court, and a judg- 
 ment rendered at the house of the justice, instead of at the 
 regular court room, both the judgment and execution founded 
 thereon were void." 66/595. 
 
 "A judgment rendered by a justice of the peace at the regular 
 time and place of holding his court, but which was written out 
 and signed at some other time and place in the district, is not 
 void. The word 'rendered,' as used in section 462 of the code 
 (Civil Code (1910) 578), refers to the making up and an- 
 nouncement of the judgment, and not to the clerical act of 
 reducing it to writing." 11 App. 361 (75 S. E. 335). 
 
 SEC. 253. DEFENDANT MAY PLEAD AS IN SUPERIOR COURT. 
 "The defendant may appear at the- time and place specified in 
 the summons served upon him, and plead any matter of defense 
 to the action which would be allowed to suits in the superior 
 courts." Code, 4726.
 
 TRIAL AND JUDGMENT 
 
 "Where, to a suit in a justice's court, the defendant pleaded 
 a set-off, plaintiff could defend against such plea by showing 
 that the claim on which it was based had been settled, without 
 further pleadings for that purpose. 
 
 "There are no pleadings in a justice's court, except the sum- 
 mons and a copy of the account, note or cause of action sued 
 on: the defendant may plead any matter of defence which 
 would be allowed to suits in the superior court, and there no 
 special pleadings are admitted." 7/366. 
 
 SEC. 254. NECESSITY OF WRITING. Pleas of payment and 
 failure of consideration and other pleas in justice courts, except 
 non est fact-urn, to the jurisdiction, and dilatory pleas, need not 
 be filed in writing. But the forms next following are given so 
 that they may be used if desired. Other pleas may be found 
 from the index in the second part of the 'book. 
 
 SEC. 255. DILATORY PLEAS, AND ISToN EST FACTUM. "All 
 dilatory pleas must be filed in the first instance, unless the 
 failure to do so is shown to be the result of unavoidable cause ; 
 and all dilatory pleas, and pleas of non est factum, must be 
 verified by the affidavit of the defendant at the time of filing 
 the same.'"' Code, 4727. 
 
 Where a suit is brought upon a promissory note and a plea 
 of non est factum is filed, the burden is upon the plaintiff to 
 show the execution of the note by the defendant before the note 
 can go in evidence. If the defendant swears to the note to the 
 best of his knowledge and belief, the plaintiff can put his note 
 in evidence without first showing its execution, but the defend- 
 ant would still be allowed to show in defense that he never ex- 
 ecuted the note or authorized any other person so to do for him. 
 
 Form of plea of non est factum may be as follow r s : 
 
 "^ Suit on note in the Justice Court of the 
 
 JOHN DOE District, G. M., 
 
 vs * . '. County, Georgia. 
 
 RICHARD ROE J Terai) 19 
 
 Now comes Richard Roe, defendant in the above named and 
 stated case, at the first term, and for plea and answer therein, 
 says : This defendant, Richard Roe, did not sign the note sued 
 on nor authorize any other pers'on so to do for him, and the 
 same is not his act and deed, and of this he puts himself upon 
 the country. 
 
 Defendant's Attorney.
 
 TRIAL AND JUDGMENT 103 
 
 Before me, the undersigned attesting officer, personally came 
 Richard Roe, who, being duly sworn, on oath says that the facts 
 and things set out in the foregoing plea are true. 
 
 RICHARD ROE. 
 Sworn to and subscribed before me, this 
 
 the day of ,19 
 
 , J- P. 
 
 "Where suit was brought on a promissory note in a justice's 
 court, the plea of non est facturn should have been filed at the 
 first term: and where it was not filed until the second term, 
 there was no error in striking it on demurrer on the ground 
 that it was filed too late." 79/761 (4 S. E. 879). 
 
 SEC. 256. PLEAS IN SUITS ON ACCOUNTS. "Whenever a suit 
 may be brought on an open account and the same is verified by 
 the plaintiff as provided by law, the plea shall either deny that 
 the defendant is indebted in any sum or shall specify the amount 
 in which the defendant admits he may be indebted, and shall 
 be verified as required by law." Code, 4728. 
 
 SEC. 257. CONTRADICTORY PLEAS. "The defendant in a 
 suit in a justice's court may file contradictory pleas. 
 
 "The provision in the practice act of 1895 (Civil Code, 
 5057), as amended by the act of 1897 (Acts 1897, p. 35), 
 requiring that an amendment to a plea containing new facts 
 shall have affixed thereto an affidavit that the new facts were 
 not omitted from the original plea for the purpose of delay, 
 has no application to a suit in a justice's court. 
 
 "A pleading in a suit in a justice's court which purports to 
 amend a p'lea theretofore filed, if sufficient in itself to constitute 
 a complete answer to the suit, may, in accordance with the 
 liberal rules of practice of force in that court, be treated as a 
 new and distinct plea, without reference to the original plea." 
 125/676 (54 S. E. 753). 
 
 SEC. 258. PLEA OP SET-OFF. "Debts, as a general rule, 
 must be mutual between the same parties at the commencement 
 of the action, to be set off against each other. Every plea of 
 set-off must set out the demand as plainly as if sued on." Code, 
 5668. 
 
 The following form may be used: 
 
 (State the case). 
 
 Now comes the defendant in the above named and stated 
 case, and, for plea and answer thereto, says that at the time of
 
 104 TRIAL AND JUDGMENT 
 
 the beginning of said suit plaintiff was indebted to defendant 
 upon an open account (or a note or whatever the claim may be)", 
 a copy of which is as follows: 
 
 (Here set out a copy of the account and note or cause of 
 action.) 
 
 This defendant prays that the same may be set off against 
 the plaintiff's claim, if any he has, and that judgment be ren- 
 dered in favor of defendant for the remainder and costs of suit. 
 
 Defendant's Attorney. 
 
 If the plaintiff sues upon an account and it is verified and 
 it is desired to contest the justice and fairness of the account, a 
 counter-affidavit should be filed where a plea of set-off is filed. 
 
 SEC. 259. PLEA OF FAILURE OF CONSIDERATION. 
 
 (State the case). 
 
 Now comes Richard Roe, defendant in the above named and 
 stated case and for plea and answer therein says that the note 
 sued on was given for the purchase money of a certain bay horse 
 about ten years old, called Ben, which plaintiff sold to defend- 
 ant; that plaintiff warranted the title to said horse and that the 
 next day after defendant got possession of the horse he was 
 levied on by ...................... , L. C., of said district 
 
 and county, by virtue of a fi. fa. in favor of John Jones against 
 the plaintiff John Doe, and was. sold at constable's sale to satisfy 
 said execution against said plaintiff. This defendant says that 
 the title to said horse, the same being the consideration of said 
 note, has totally failed, and of this plaintiff puts himself upon 
 the country, and prays to be discharged hence with his reason- 
 able costs. 
 
 Defendant's Attorney. 
 Before me, .... ................. , J. P., personally came 
 
 Richard Roe, who, being duly sworn, on oath says the facts and 
 things stated in the foregoing plea, are true. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 the ...... day of ........... , 1 9 .... 
 
 SEC. 260. PLEA OF PARTIAL FAILURE OF CONSIDERATION. 
 (State the case.) 
 
 Now comes Richard Roe, the defendant in the above named 
 and stated case, and for plea and answer therein says that the
 
 TRIAL AND JUDGMENT 105 
 
 consideration of the note sued on was for the purchase money 
 of a certain bay hdrse, called Ben, about six years old, which 
 plaintiff sold to defendant, and plaintiff represented at the time 
 of said sale, and as an inducement for defendant -to purchase 
 said horse, that said horse was perfectly sound and healthy and 
 was a good work horse and capable of doing full work, whereas 
 in fact the said horse was not sound, in that (state whatever 
 defect existed). 
 
 This defendant says that by reason of said unsoundness and 
 defects as hereinbefore set out, the value of the horse was re- 
 duced at least one-half, and this defendant pleads the said 
 amount as a partial failure on consideration in said suit, and 
 prays that the plaintiff's demand be reduced by said amount. 
 
 Defendant's Attorney. 
 Before me, .................... , J. P., personally came 
 
 Richard Roe, who, being duly sworn, on oath says that the facts 
 and things stated in the foregoing plea, are true. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 the ...... day of ............ , 19. . . 
 
 ............................ , J- P. 
 
 SEC. 201. PLEA OF PAYMENT. 
 
 "\ Suit on note in the Justice Court of the 
 ................... District, G. M., 
 
 RICHAD ROE 
 
 lerm, 19 .... 
 
 Now comes the defendant in the above named and stated case, 
 and for plea and answer therein, says: 
 
 That he paid to the plaintiff on the note sued on on the .... 
 
 day of .................. , 19. . . ., the sum of $ .......... 
 
 in cash, for which no credit is entered on said note ; also on the 
 ......... day of ................... , 19 . . . . , he paid the 
 
 plaintiff the sum of $ ............ in cash, for which no credit 
 
 is entered on said note, and this defendant prays that he be 
 allowed said credits. 
 
 Defendant's Attorney. 
 
 Georgia, County. 
 
 Before me, , J. P., personally came
 
 106 TRIAL AND JUDGMENT 
 
 Richard Roe, the defendant, who, being duly sworn, on oath 
 says that the facts and things stated in the foregoing plea, are 
 true. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 the ...... day of ........... , 19 ____ 
 
 ' 
 
 SEC. 262. PLEA TO THE JURISDICTION. 
 
 ^ Suit on note in the Justice Court of the 
 JOHNDOE ................... District, G. M, 
 
 fTQ ^ ' 
 
 .................. County, Georgia. 
 
 RICHARD ROE * 
 
 Now comes Richard Roe, the defendant in the above named 
 and stated case, at this the first term, and for plea, says : 
 
 This defendant, Richard Roe, shows that he is not a resident 
 of the ............ District, G. M., of said county, and was 
 
 not and had not been at the time of the service of the summons 
 in the above named and stated case upon him, and that the 
 Justice Court of the .......... District, G. M., of said county 
 
 has no jurisdiction of his person, but defendant shows that he 
 is a resident of the ............ District, G. M., of said county, 
 
 and that the Justice Court of this said district has jurisdiction 
 of the person of this defendant, and of the subject matter of 
 said case. 
 
 Defendant's Attorney. 
 Before me, ..................... , a Justice of the Peace, 
 
 in and for said county, personally came Richard Roe, who, 
 being duly sworn, on oath says that the facts and things stated 
 in the foregoing plea, are true. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 the ...... day of .......... , 19 ____ 
 
 ............................ , - . 
 
 SEC. 263. DOCKETS FURNISHED TO JUSTICES AND NOTARIES. 
 "The ordinaries, or other tribunal having control of county 
 matters, shall furnish, at the expense of the county, good and 
 durable dockets to each justice of the peace and notary public 
 ex-officio justice of the peace, in their respective counties. Said 
 dockets shall not cost more than two dollars each." Code, 
 4677.
 
 TRIAL AND JUDGMENT 107 
 
 SEC. 264. DUTIES, ETC., OF JUSTICES. "Justices of the 
 peace have authority, and it is their duty 
 
 "6. To keep a docket of all causes brought before them, in 
 which must be entered the names of the parties, the returns of 
 the officer, and the entry of the judgment, specifying its amount 
 and the day of its rendition. 
 
 "7. To carefully file away and label all papers appertaining 
 to any cause, and all fi. fas. and other process returned, after 
 being satisfied, entered 'nulla bona,' or have otherwise dis- 
 charged their functions." Code, 4679. 
 
 "In an action upon administrators' bond, the original justice 
 court summons of a suit against them was not admissible to 
 show the rendition of a jiidgment against them as such. The 
 judgment should have appeared on the justice's docket." 84/ 
 147 (10 S. E. 598). 
 
 "In justices' courts 'resort must be had to the docket entry, 
 and to it alone, in order to determine in a given case whether 
 or not there was a valid and lawful judgment.' ' 3 App. 561 
 (60 S. E. 319). 
 
 "There is no such officer created by law as a clerk of a 
 justice's court. 
 
 "If a justice of the peace enters his judgment on the docket, 
 it is not void, because unsigned. But an entry purporting to 
 be a judgment, entered merely by a person employed by the 
 justice of the peace to do clerical work, and known as his clerk, 
 which judgment is not signed by the justice, is not a judgment, 
 but a mere memorandum." 128/119 (57 S. E. 229). 
 
 "There is no law requiring the signature of a justice of the 
 peace to a judgment entered by him on his docket. A signature 
 by initials did not, therefore, avoid such judgment." 67/725. 
 
 "An attorney at law for a party in whose favor a verdict is 
 rendered on the trial of an appeal in a justice's court can enter 
 in behalf of his client a judgment on such verdict any time 
 within four days after the adjournment of the court; and if 
 such judgment conforms to the verdict, the justice has no alter- 
 native but to transcribe the same upon his docket." 108/205 
 (33 S. E. 903). 
 
 "The docket of the justice of the peace, in whose court a 
 judgment is rendered, ought to furnish the evidence of the 
 service of a summons on the defendant, as required by the 
 statute; but the next best evidence, is the production of the
 
 108 TKIAL AND JUDGMENT 
 
 summons, if that can be found; but if that can not be found, 
 after due search and inquiry, then parol evidence of proof of 
 service, is admissible." 12/425. 
 
 SEC. 265. OATH OF WITNESS IN CIVIL CASES. "The follow- 
 ing shall be the form of oath administered to witnesses in civil 
 cases: 'You do solemnly swear (or affirm) that the evidence 
 you shall give the court, on the issue pending, shall be the truth, 
 the whole truth, and nothing but the truth. So help you God.' ' 
 Code, 6317. 
 
 (NOTE: Previous to the Convention of the Superior Court Judges in 
 1907, there was no prescribed oath for a witness in a civil case. The 
 author of this book was a member of that Convention and he wrote 
 and proposed the above form of oath which was adopted.) 
 
 SEC. 266. SEPARATE EXAMINATION. "In all cases either 
 party has the right to have the witnesses of the other party 
 examined out of the hearing of each other. The court will take 
 proper care to effect this object as far as practicable and con- 
 venient, but any mere irregularity shall not exclude the wit- 
 ness." Code, 5869. 
 
 "When the witnesses have been put under the rule and one 
 of them disobeys the order of the court and remains in the court- 
 room while the other witnesses testify, he is not thereby dis- 
 qualified as a witness. Civil Code, 5280 [5869] ; McWhorter 
 vs. State, 119 Ga. 55 (6). The fact that he has heard the 
 evidence, may go to his credit or subject him to proceedings for 
 contempt, but does not disqualify him. 121/358 (49 S. E. 
 290). 
 
 "It has repeatedly been held that it is within the discretion 
 of the trial judge to allow a witness to testify who has violated 
 the rule for the sequestration of witnesses." 135/584 (69 
 S. E. 114). 
 
 "Where witnesses have been put 'under the rule,' at the re- 
 quest of counsel, it is not error for the court to receive testimony 
 from a witness who was not sworn and sequestered, but who 
 remained in the court-room and heard the testimony of the other 
 witnesses and the defendant's statement." 15 App. 713 (84 
 S. E. 159). 
 
 SEC. 267. WHAT Is AN ACCOUNT. An account is a detailed 
 statement of items of debt and credit, or debt arising out of 
 contracts between the parties. The w r ord "account" has no 
 clearly defined legal meaning. It includes goods sold and de- 
 livered, or consigned to be sold, money had and received, work 
 done, or materials furnished.
 
 TRIAL AND JUDGMENT 109 
 
 SEC. 268. OPEN ACCOUNTS. "All actions upon open ac- 
 counts', or for the breach of any contract not under the hand of 
 the party sought to be charged, or upon any implied assumpsit 
 or undertaking, shall be brought within four years after the 
 right of action accrues." Code, 4362. 
 
 SEC. 269. ACCOUNT STATED. An account stated is an agree- 
 ment between the parties who have had previous transactions, 
 fixing the amount due in respect of such transactions and prom- 
 ising payment of balance due. 103/262 (29 S. E. 872) ; 6 
 App. 734, 735 (65 S. E. 788). 
 
 SEC. 270. MUTUAL ACCOUNTS. "In order to make such a 
 mutual account as will prevent the statute of limitations from 
 beginning to run from the date of the last item thereof, there 
 must be an indebtedness on both sides. Mere entries of credits 
 of partial payments are not sufficient." Code, 4363. 
 
 "A mutual account is one based on a course of dealing wherein 
 each party has given credit to the other on the faith of the 
 indebtedness to him." 74/555. 
 
 Partial payments on a debt or open account and crediting 
 the same thereon, does not render the account mutual between 
 the parties. 80/1 (5 S. E. 290); 95/527 (20 S. E. 498). 
 
 The fact that there is an indebtedness on both sides is not 
 sufficient to create a mutuality which will remove the bar of 
 the statute. It must also appear that the circumstances were 
 such that each party relied on the indebtedness of the other to 
 himself as a basis of credit, whereby neither account became 
 due until the mutual dealings cease. 3 App. 510 (60 S. E. 
 126). 
 
 SEC. 271. ACCOUNTS, How PROVED. "When suit is brought 
 upon an open account in a justice court, each account may be 
 proved by the written affidavit of the plaintiff, and, when as 
 proved, shall be received in evidence as if proved in open court ; 
 nevertheless, if the defendant will file his affidavit denying the 
 justice and fairness of the whole or any part of such account, 
 the court shall not give judgment in favor of the plaintiff for 
 that part of the account so denied and controverted, unless sup- 
 ported by other proof. In all cases when such affidavit to prove 
 the account is made, there shall be personal service upon the 
 defendant before judgment is given for the plaintiff under the 
 provisions of this section. In all cases where a counter affidavit 
 is filed by the defendant, and the plaintiff is not present, it 
 shall be the duty of the justice of the peace to continue such
 
 110 TRIAL AND JUDGMENT 
 
 case until the next term of said court. Nothing in this section 
 contained shall apply to suits against administrators and execu- 
 tors on contracts of their deceased testators and intestates." 
 Code, 4730. 
 
 SEC. 272. AFFIDAVIT AND FORM OF ACCOUNT. In suits on 
 accounts in justice courts, the plaintiff may verify his account 
 by affidavit. The defendant has a right to appear at the first 
 term and file counter-affidavit denying the account or so much 
 of it as he denies is just and proper. This affidavit must be 
 filed at the first term and where it is not filed and there is per- 
 sonal service upon the defendant. It has been held as shown in 
 the citations hereinafter that where this counter-affidavit is 
 filed at the first term and not sworn to, it may be amended at 
 the next term by verifying the counter-affidavit. Where there 
 is judgment rendered against the defendant without the filing 
 of the counter-affidavit, in such case the defendant has no right 
 to appeal the case to a jury in either the justice court or the 
 superior court, and in such case his appeal would be either dis- 
 missed or he would not be allowed to offer evidence to support 
 his defense. The defendant would have a right to file a plea 
 if such plea denies the justice and fairness of the account or 
 any part of it and this plea though w r ould have to be sworn to 
 and filed at the first term. This procedure may be illustrated 
 by the following: 
 
 , Ga., Sept. 1, 1916. 
 
 RICHARD ROE TO JOHN DOE, Dr. 
 1916 
 
 July 1st, To one suit of clothes $25.00 
 
 " 10th, " " hat 5.00 
 
 " 20th, " six shirts 9.00 
 
 " 25th, " one pair shoes 5.00 
 
 Total $44.00 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, John 
 Doe, who, being duly sworn, on oath says that the above named 
 and stated account is just and true and unpaid, and that the 
 defendant, Richard Roe, owes plaintiff, John Doe, the sum and 
 amount claimed therein, to wit, $44.00. 
 
 JOHN DOE. 
 Sworn to and subscribed before me, this 
 
 the day of.. ,19 
 
 , J. P.
 
 TRIAL AND JUDGMENT 111 
 
 As to the form of an account to be attached to a summons in 
 a justice court, attention is called to the case of Mayer vs. 
 Southern Express Company, 17 App. -744 (88 S. E. 403), de- 
 cided March 24th, 1916. 
 
 "Since the passage of the act of 1881 (Acts of 1880-1, p. 66) 
 codified as section 4715 of the Civil Code of 1910, the plaintiff 
 in an action in a justice's court must set forth his cause of 
 action with some degree of certainty, and then must recover 
 upon the case as laid, and not upon a different and distinct 
 ground of liability. The cause of action in this case was not 
 set forth so definitely or with such certainty as to fairly apprise 
 the defendant of the nature of the plaintiff's demand, and thus 
 enable the defendant to properly prepare a defense, or confine 
 the plaintiff to one particular claim. 
 
 "Mayer brought suit in a justice's court against the Southern 
 Express Company. Attached to the summons was the follow- 
 ing statement : 'Southern Express Company. - Bought of 
 Daniel Mayer, Sept. 4, 1912, to 328 # pork spoiled in transit, 
 @ lOc, $32.80.' The defendant demurred generally to the 
 summons, and demurred specially on the grounds that it was 
 not alleged why and in what way the defendant was indebted 
 to the plaintiff; that the point from whence the pork was shipped 
 or its destination, the time of its arrival at destination, or the 
 time of its delivery to the plaintiff was not alleged; and that 
 it was not alleged how the pork sued for was 'spoiled,' or how 
 it became spoiled. The plaintiff thereupon amended the state- 
 ment attached to the summons, by adding the following: 'Said 
 shipment of meat was made by J. T. Stewart and was shipped 
 from Camilla to Albany, Georgia, and arrived on September 3, 
 1913, and was not delivered until September 4, 1913, about 
 eight o'clock, A. M.' The defendant still insisted upon its 
 demurrer after this amendment had been allowed, and the jus- 
 tice of the peace sustained the demurrer and dismissed the 
 action. A. writ of certiorari was thereupon sued out, and upon 
 the hearing the judge of the superior court overruled the cer- 
 tiorari." Court of Appeals affirmed this judgment. 
 
 SEC. 273. COUNTER AFFIDAVIT. Counter affidavit in such 
 case may be as follows:
 
 112 TRIAL AND JUDGMENT 
 
 ^ Suit on account in Justice Court, 
 JOHN DOE TV , . , ^ -*f 
 
 .................... District. G. M., 
 
 vs. ft 
 
 RICHARD ROE ............ 
 
 J ..................... Term, 19 ... 
 
 Now comes Richard Roe, the defendant in the above named 
 and stated case, at the first term, and in answer to said suit on 
 said account filed this his counter affidavit thereto and on oath 
 says: Defendant does not deny getting a suit of clothes and 
 shoes' which amount in the aggregate to the sum of $30.00 for 
 which defendant is indebted to plaintiff, but defendant denies 
 getting the other items set out in said account, to wit, the shirts 
 and hat as therein set out and charged, and he is not indebted 
 therefor, and for these reasons this defendant denies the justice 
 and fairness of said account. 
 
 RICHARD ROE. 
 Sworn to and subscribed before me, this 
 
 the ....... day of ......... , 19 .... 
 
 SEC. 274. DECISIONS RELATING TO ACCOUNTS. "Suit on an 
 unverified account may be met by an unverified plea. But 
 where a suit on an unverified account has been personally 
 served, and the same is met by no defense whatever, the de- 
 fendant's silence is to be treated as an admission of the correct- 
 ness of every item in the account, and the plaintiff is entitled 
 to judgment on the call of the docket and without the case being 
 assigned for trial." 119/777 (47 S. E. 170). 
 
 "The plaintiff having verified his account, and the defend- 
 ant's answer not being verified, it was not error to strike the 
 answer and enter judgment for the plaintiff; the defendant not 
 offering to amend 'by verifying." 10 App. 278 (73 S. E. 350). 
 
 "This was a suit in a justice's court upon an open account 
 verified by the affidavit of the plaintiff. When called for trial, 
 no counter affidavit was filed, and the case was in default, and 
 judgment was rendered for the plaintiff. Subsequently the de- 
 fendant appeared and filed a plea, and entered an appeal from 
 the judgment to a jury in the justice's court. When "the appeal 
 was reached for trial the justice struck the plea because filed 
 too late, and dismissed the appeal. On certiorari the justice 
 was sustained. Held, no error. Civil Code (1910), 4630; 
 Odell v. Meacham, 114 Ga. 910 (41 S. E. 41); Rockmore v. 
 Cullen, 94 Ga. 648 (21 S. E. 845)." 10 App. 321 (73 S. E. 
 534).
 
 TRIAL AND JUDGMENT 113 
 
 "Where in a suit in a justice's court, upon an open account 
 which was proved by the affidavit of the plaintiff, the defend- 
 ant's answer had not been verified by affidavit, the judge of the 
 superior court properly held, upon certiorari, that it was error 
 for the magistrate, over the objection of the plaintiff, to allow 
 the defendant to introduce evidence in support of such unsworn 
 plea. Civil Code, 4130, [4370]. 
 
 "Inasmuch, however, as such plea may be amended by swear- 
 ing to it (Barnes v. Coker, 112 Ga. 137 (37 S. E. 104) ), it 
 was error for the judge of the superior court, upon certiorari, 
 to enter up final judgment for the plaintiff. The case should 
 have been remanded for retrial in the justice's court." 122/32 
 (49 S. E. 800). 
 
 "Where the plaintiff's account is proved by affidavit as pro- 
 vided in the Civil Code of 1895, 4130 [1910, 4730], and 
 the defendant has filed a general denial not sworn to, the case, 
 so far as the defendant is concerned, is in default, and the 
 direction of a verdict by the magistrate is harmless error. If 
 an offer to amend the defendant's plea by adding the required 
 affidavit had been made before any testimony was offered, the 
 amendment should have been allowed, and the right of surmort- 
 ing the defense by testimony would have followed, Coffee v. 
 McCaskey Register Co., 7 App. 425 (66 S. E. 1032). But in 
 response to a suit on account verified by an affidavit as provided 
 by the Civil Code of 1895, 4130 [1910, 4730], the defendant 
 must likewise swear to his answer ; and failing thus to answer, 
 the defendant is not entitled to introduce any evidence, for the 
 reason that he has no plea.". 8 App. 177 (68 S. E. 871). 
 
 "Under the act of September 26th, 1883, when the plaintiff 
 in a suit upon an open account in a justice's court has duly 
 proved his account by written affidavit, the introduction of that 
 affidavit in evidence to the jury on the trial of an appeal taken 
 by the defendant, is conclusive upon the right of the plaintiff 
 to recover, imless the defendant has filed his written affidavit 
 denying the justice and fairness of the whole or some part of 
 the account. An unsworn plea will not suffice as a substitute 
 for the affidavit required of the defendant by the statute, nor 
 will a sworn plea unless the oath xthereto be in writing." 94/ 
 648 (21 S. E. 845). 
 
 "The statute required the defendant's answer to be verified. 
 Civil Code (1910), 4728. But the verification could be added 
 by amendment. Ward v. Frick Co., 95 Ga. 804 (22 S. E. 
 899) ; Rodgers v. Caldwell, 122 Ga. 279 (50 S. E. 95) ; Patton
 
 114 TRIAL AND JUDGMENT 
 
 v. Bank of LaFayette, 124 Ga. 967 (72 S. E. 247). Inasmuch 
 as the original answer contained a general denial of any indebt- 
 edness to the plaintiff, this was enough to amend by." 12 App. 
 63 (76 S. E. 760). 
 
 "A sued B in a justice's court 'in an action of debt due on 
 an account.' The evidence showed that B's liability was based 
 on an agreement made with A to pay for the property repre- 
 sented by the account, in the event of its destruction by fire 
 while A's house was occupied by B's servant. A fully per- 
 formed his part of the contract, and nothing remained to be 
 done by B, except to pay for the property which was destroyed 
 by fire while the house was occupied by his servant. Held, that 
 such an action was purely brought although there was an express 
 contract between the parties on the subject-matter from which 
 the debt arose. The contract in question was evidence of the 
 debt. Johnson v. Quin, 52 Ga. 485 ; Hill v. Balkcom, 79 Ga. 
 444 (5 S. E. 200) ; Tumlin v. Bass Furnace Co., 93 Ga. 599 
 (20 S. E. 44)." 1 App. 212 (58 S. E. 137). 
 
 "A claim for overcharges in freight paid to a common carrier 
 may be sued on in a justice's court as an open account, under 
 the Civil Code, 4130 [4730] ; and when, in such a suit, the 
 account was proved by the affidavit of the plaintiff, and there 
 had been personal service upon the defendant, and the defendant 
 had filed a general denial not sworn to, it was not error, 011 
 motion, to strike such plea and enter up judgment for the 
 plaintiff." 1 App. 662 (57 S. E. 968). 
 
 "The justice of the peace did not err in dismissing the suit. 
 The account attached to the summons was upon its face barred 
 by the statute of limitations; and it \vas not verified by the 
 affidavit of the plaintiff, so as to require the court to continue 
 the case until the next term of the court." 8 App. 223 (68 
 S. E. 951). 
 
 "The provisions of the Civil Code, 4130 [4730], permitting 
 the verification of an account by the plaintiff, necessarily and 
 impliedly include the right to verify it by any duly authorized 
 agent of the plaintiff whose knowledge of the facts peculiarly 
 qualifies him to make the necessary affidavit. An attorney at 
 law is such an agent as can properly prove a plaintiff's account, 
 if the facts necessary to prove it rest in his personal knowledge." 
 7 App. 425 (66 S/E. 1032). 
 
 "A statement of an account which contains or upon which is 
 icdorsed an acknowledgment of indebtedness is admissible either 
 as original proof or in corroboration of other testimony showing
 
 TRIAL AND JUDGMENT 115 
 
 the defendant's indebtedness. Proof of the indebtedness of a 
 municipal corporation is not necessarily confined to the contents 
 of its minutes. A creditor of a municipal corporation may 
 prove his debt by evidence other than the minutes of the munici- 
 pality, or even by credible testimony which is in direct conflict 
 with the minutes. His right to recover can not be defeated by 
 the mere failure of the municipal corporation to keep correct 
 minutes of its proceedings." 6 App. 59 (65 S. E. 310). 
 
 "Section 4130 [Code 1910, 4730] of the Civil Code, which 
 provides the mode of proof and defense in a suit in a justice's 
 court upon an open account, does not apply to an 'action for 
 damages and loss or destruction of goods' by a common carrier, 
 although an itemized list of the articles and their values is 
 attached to the summons and sworn to as correct." 119 Ga. 21 
 (47 S. E. 712). 
 
 "In the absence of any objection thereto upon the ground of 
 incompetency or informality, the correctness of an account due 
 to a corporation may be verified by the affidavit of one who, in 
 signing the affidavit, purports to be the bookkeeper of the cor- 
 poration." 9 App. 128 (70 S. E. 602). 
 
 "Where in an action in a justice's court upon a sworn account 
 there was service upon the defendant by leaving a copy of the 
 summons and account at her most notorious place of abode, and 
 defendant did not appear or plead, and judgment was rendered 
 in favor of the plaintiff, such judgment is conclusive as against 
 an affidavit of illegality based upon the ground that plaintiff 
 had introduced no evidence save the verified account; and that 
 judgment could not legally have been rendered by default, be- 
 cause there had been no personal service upon the defendant. 
 Greene v. Oliphant, 64 Ga. 565." 121/281 (48 S. E. 917). 
 
 "A plaintiff can not avail himself of the privileges of the 
 rule by setting out, in the form of an account, a cause of action 
 which in fact is not a liability on account, but of some other 
 nature. Caudell v. Southern Ry. Co., 119 Ga. 21 (45 S. E. 
 712) ; Lowe Co. v. Central Ry.' Co., 123 Ga. 712 (51 S. E. 
 653). In suits upon unconditional contracts in writing, where 
 the defendant does not appear or plead at the first term, the 
 magistrate should render judgment for the plaintiff without 
 further proof than the writing itself. In cases of unliquidated 
 damages the plaintiff must introduce enough testimony to show 
 a prima facie right to recover, before he is entitled to a judg- 
 ment, although the defendant does not appear or plead. Mad-
 
 116 TRIAL, AXD JUDGMENT 
 
 dox v. Central Ry. Co., 1 Ga. App. 46 (4), (57 S. E. 1062). 
 The court, therefore, erred in not sustaining the certiorari." 3 
 App. 241 (59 S. E. 717). 
 
 "This being a suit in a justice's court, on an account proved 
 by the written affidavit of the plaintiff, where the defendant 
 filed no counter-affidavit denying the justness and fairness of 
 the account, or any part thereof, the justice should have given 
 judgment in favor of the plaintiff; and, on certiorari, a final 
 judgment should have been entered by the judge of the superior 
 court in favor of the plaintiff. Civil Code (1910), 4730." 
 12 App. 575 (77 S. E. 878). 
 
 "The E. E. Lowe Company brought suit against the Central 
 of Georgia Railway Company, in a justice's court, upon an 
 'account' for the loss of a hay-press and for certain freight over- 
 charges. A copy of the statement of 'account' was attached to 
 the summons and verified by the affidavit of E. E. Lowe. The 
 item in reference to the hay-press was as follows: 
 
 " 'Sept. 23, 1903, 1 hay-press shipped to A. Faber 
 
 Freight prepaid, 9/16 4.70 
 
 Sharpes, Fla 29.70.' 
 
 "Annexed to the statement was the following affidavit: 
 
 " 'Personally appeared before me E. E. Lowe, president of 
 the E. E. Lowe Co., who deposes and says the above account is 
 correct, true, and unpaid. This the 16th day of March, 1904. 
 " <J. A. Stauffacher, K P., Fulton Co., Ga. E. E. Lowe.' 
 
 "On the day of the trial the plaintiff, without offering evi- 
 dence, 'asked the court for a judgment, and rested the case as 
 made out by the pleadings in said cas'e.' The defendant had 
 filed no written defense under oath, and the justice rendered a 
 judgment as requested. The defendant objected to this ruling 
 of the magistrate, for the reason that the affidavit was not suffi- 
 cient, as it had no jurat and did not recite that it was sworn 
 to before any one and, after the judgment was rendered, carried 
 the case to the superior court by writ of certiorari, still com- 
 plaining of the insufficiency of the affidavit, and further alleging 
 that section 4130 [4730] of the Civil Code, which authorizes a 
 judgment to be taken in a justice's court in a suit upon an open 
 account supported by the written affidavit of the plaintiff with- 
 out further proof, in the absence of a counter-affidavit by the 
 defendant, does not apply to the present case. The certiorari 
 was sustained and the case sent back to the magistrate for a 
 new trial. To this ruling the plaintiff excepted.
 
 APPEALS 117 
 
 "It is not necessary to decide whether or not the affidavit was 
 valid ; for, granting that it was, the ruling of the judge of the 
 superior court in sustaining the certiorari was still correct, for 
 the reason that this was not a suit upon an 'open account' within 
 the meaning of that term as used in the Civil Code, 4130 
 [4730]. Whether or not a suit for overcharges on freight is a 
 suit upon an 'open account' within the meaning of the statute 
 referred to, a claim for the loss of a hay-press certainly is not, 
 it having been held in the case of Caudell v. Southern Railway 
 Co., 119 Ga. 21, that 'section 4130 [4730] of the Civil Code 
 does not apply to an action for damage and loss or 
 destruction of goods by a common carrier, although an itemized 
 list of the articles and their values is attached to the summons 
 and sworn to as correct." 123/712 (51 S. E. 653). 
 
 CHAPTER XII 
 
 APPEALS. 
 
 SECTION 275. APPEALS, WHEN AND How ENTERED. "Either 
 party being dissatisfied with the judgment of the justice of the 
 peace or notary public, and upon all confessions of judgment, 
 provided the amount claimed in said suit is over fifty dollars, 
 may, as a matter of right, enter an appeal from said judgment, 
 within four days (exclusive of Sundays) after the rendition 
 of such judgment, under the same rules, regulations, restric- 
 tions, and liabilities as are provided on the subject of appeals." 
 Code, 4738. 
 
 "Where a judgment was rendered in a justice's court on the 
 4th day of September, and the entry upon the docket of that 
 court showed that an appeal was entered on the 12th day of the 
 same month, the appeal was prima facie too late; nor could such 
 appeal be saved because the appeal bond, which was undated, 
 recited that it was tendered 'within the time prescribed by law 
 for entering appeals;' nor because of the fact that the losing 
 party went into the office of the justice 'with bond in proper 
 time,' it not appearing that the bond on the occasion thus re- 
 ferred to was left with the magistrate, or that it was ever filed 
 with or approved by him before the entry above mentioned was 
 made upon his docket." 102/579 (27 S. E. G77). 
 
 SEC. 270. PLEAS MUST BE IN WRITING, WHEN. "It shall 
 be the duty of the defendant in cases appealed from the justice's
 
 118 APPEALS 
 
 court to the superior court, to reduce his defenses to writing 
 before the case proceeds to trial in the superior court ; Provided, 
 he relies upon any other plea or defense than the general issue. 
 Nothing contained in this section shall be construed to abridge 
 his right to amend his pleadings as in other cases." Code, 
 4739. 
 
 SEC. 277. APPEALS IN JUSTICE'S COURTS. "In any civil 
 case in a justice's court, either party dissatisfied with the judg- 
 ment of the justice may, as a matter of right, enter an appeal 
 to a jury in said court, under the same rules as now regulate 
 appeals to the superior court; Provided, that by consent of 
 parties such a case may be passed to appeal, before judgment 
 of the justice, without giving bond for the eventual condemna- 
 tion money." Code, 4740. 
 
 "A trial before a jury in a justice's court is a proceeding de 
 novo, and, although in the previous trial the presiding justice 
 may have stricken a plea which he erroneously refused to permit 
 the defendant to amend, the defendant may either offer to amend 
 the plea or offer a new or additional defense upon the same 
 terms and conditions as if there had been no previous trial." 
 18 App. 198 (89 S. E. 183). 
 
 SEC. 278. APPEALS, WHEN ALLOWED. "In all cases in a 
 justice's court where an appeal can be entered to a jury in the 
 superior court, it shall be lawful for such appeal to be entered 
 to a jury in either the justice court or the superior court ; any 
 case appealed to a jury in one court shall not be appealed to a 
 jury in the other court." Code, 4741. 
 
 SEC. 279. APPEALS TO THE SUPERIOR COURT. "Where the 
 sum claimed exceeds fifty dollars, the law of appeals from the 
 justice court to the superior court shall be the same as contained 
 in this Code : Provided, that in any case referred to in this and 
 the preceding section, appeals in forma pauperis may take place 
 under such regulations as now exist for appeals in forma pau- 
 peris, and subject to such law as may be passed concerning 
 proceedings in forma pauperis." Code, 4742. 
 
 SEC. 280. JURIES, How DRAWN. "All appeals shall be tried 
 before the justice of the peace or notary public, or both, and five 
 jurors drawn and empaneled as follows: The justice in each 
 district shall, once every two years, make out a list of all persons 
 liable to serve as jurors in the superior court, who may reside 
 in their respective districts, and shall write their names on 
 separate pieces of paper and deposit them in a box marked
 
 APPEALS 119 
 
 'number one.' If the list is, in the discretion of the justice of 
 the peace or notary public, as the case may be, too small, then 
 the justice of the peace, notary public, and one of the jury com- 
 missioners, and if no notary, then the justice of the peace and 
 two of the jury commissioners of the county may select from 
 the list of taxpayers of the district such number of the most 
 upright and intelligent men as they may see fit and proper, to 
 add to said list of jurors; Provided, however, that the list when 
 so increased, shall not exceed one-fourth of the voting popula- 
 tion of the district. Said justices, or one of them, in public on 
 a court day, in conjunction with a constable, shall, if any appeal 
 is pending or notice thereof given, draw, after shaking the box 
 well, nine names therefrom, which names, after being recorded 
 in a book, shall be deposited in a box marked 'number two.' 
 After all the names are drawn from box 'number one,' then the 
 drawing shall commence from box 'number two,' and so on 
 alternately. The jurors so drawn shall be summoned by the 
 constable of the district, or other lawful officer, at least five days 
 before the court at which they are called upon to serve ; and if 
 there should be a deficiency of jurors at the trial, from cause 
 or absence, the constable, by direction of the court, shall com- 
 plete the jury by talesmen to nine, from which the plaintiff and 
 defendant shall have two strides each." Code, 4743. 
 
 SEC. 281. OATH OF JURY. "The following oath shall be 
 administered to the jury, to wit: 'You shall well and truly 
 try the causes depending between the parties at variance, and 
 true verdict give according to equity and the opinion you enter- 
 tain of the evidence produced to you, to the best of your skill 
 and knowledge, without favor or affection to either of the parties, 
 provided the case or cases submitted shall not be withdrawn 
 from your consideration. So help you God.' ' Code, 4744. 
 
 SEC. 282. JURY DRAWN IN VACATION, WHEN. "In all cases 
 where the justice of the peace, at the regular term of the court, 
 shall from any cause fail to draw a jury, it shall be lawful for 
 said justice, in conjunction with the constable or any two free- 
 holders, at any time to draw a jury who shall serve on being 
 summoned as aforesaid." Code, 4745. 
 
 SEC. 283. DEFAULTING JURORS, How DEALT WITH. "Said 
 justices of the peace shall have power to impose fines and issue 
 executions against all defaulting jurors who refuse to obey the 
 summons without a good legal excuse. Said fine shall not ex- 
 ceed five dollars, and shall be collected by the constable, unless
 
 120 APPEALS 
 
 the absentee by next court files his excuse under oath, or makes 
 it in open court, to be passed upon in either case by the justice 
 of the peace." Code, 4746. 
 
 SEC. 284. COMPENSATION OF JURORS. "The compensation 
 of jurors for services in justice courts shall be as follows: For 
 each verdict, the jury making and returning the same shall be 
 entitled to the sum of one dollar and twenty-five cents, to be 
 paid by the party in whose favor the verdict is rendered, and 
 divided equally among the jurors, and taxed in the bill of costs; 
 and said jurors shall not be entitled to receive further compen- 
 sation." Code, 4747. 
 
 SEC. 285. ATTORNEY MAY ENTER APPEALS. "An appeal 
 may be entered by the plaintiff or defendant in person, or by 
 his attorney at law or in fact, and if by the latter he must be 
 authorized in writing, which authority shall be filed in the court 
 in which the case is pending at the time such appeal is entered ; 
 but if it is shown to the court that such authority exists, such 
 court may allow a reasonable time to file the same, or such 
 appeal will be dismissed and execution issue without further 
 order ; if such authority is not filed within the time allowed, the 
 ratification of an appeal unauthorized, if made in writing, and 
 filed in the clerk's office before the next term of the court, shall 
 render, the appeal valid." Code, 5002. 
 
 SEC. 286. APPEALS BY PARTNERS, JOINT CONTRACTORS AND 
 CORPORATIONS. "When several partners or joint contractors 
 sue or are sued as such, any one of said partners, or joint con- 
 tractors may enter an appeal in the name of such firm or joint 
 contractors, and sign the name of such firm or joint contractors 
 to the bond required by law, which shall be binding on the firm 
 and such joint contractors as though they had signed it them- 
 selves; and in case of corporations the appeal may be entered 
 by the president or any agent thereof managing the case, or by, 
 the attorney of record." Code, 5005. 
 
 SEC. 287. APPEAL FROM JUDGMENT ESTABLISIHING LOST 
 PAPERS. "An appeal to the superior court, being strictly statu- 
 tory, will not lie from a justice's judgment establishing copies 
 of lost papers, though such papers are part of a record in a suit 
 involving a claim above $50 ; but certiorari is the proper rem- 
 edy." 13 App. 557 (79 S. E. 530). 
 
 SEC. 288. APPEAL WHEN CASE DISMISSED. "From a judg- 
 ment of a justice's court dismissing a case for want of prosecu-
 
 APPEALS 121 
 
 tion an appeal to a jury does not lie. If there is error in the 
 judgment, certiorari is the remedy to have the case reinstated." 
 8 App. 37 (68 S. E. 488). See 103/769 (30 S. E. 244). 
 
 SEC. 289. APPEAL BOND. "The magistrate was right in per- 
 mitting the appeal bond to be amended. 'An appeal bond and 
 all other bonds taken under requisition of law in the course of 
 a judicial proceeding, may be amended.' Civil Code (1910), 
 5707. Certainly this is true when the appeal is entered in 
 good faith and no harm is done the opposite party by the amend- 
 ment. Hendrix v. Mason, 70 Ga. 523, 527. In the present 
 case the amendment simply added to the caption the title of the 
 case in which the appeal was entered, and the amendment made 
 no change of any material part of the bond. It is doubtful if 
 the amendment was necessary, as the caption of the original 
 bond, set out in the magistrate's answer, clearly designated 
 Whelchel, the garnishee, as the appellee, and this necessarily 
 meant that Gittens was the appellant." 12 App. 143 (76 S. E. 
 1051). 
 
 "Suit on a forthcoming bond was brought in the justice's 
 court, in the name of another person, for the use of the plaintiffs, 
 and an appeal was thereafter taken to the superior court by the 
 defendants. The appeal bond was by its terms payable to the 
 usees, and not to the person in whose name the action was pro- 
 ceeding. No attempt was made to amend the bond, and, on 
 motion of the appellee, the appeal was dismissed. 
 
 "Appeal bonds are amendable in any respect, where the 
 amendment does not prejudice the opposite party. Civil Code, 
 5707 ; Gittens vs. Whelchel, 12 Ga. App. 141 (76 S. E. 1051). 
 A replevy bond given on filing an affidavit of illegality is amend- 
 able by changing the obligee and the condition, to make the 
 bond conform to statute. Gelders vs. Mathews, 6 Ga. App. 144 
 (64 S. E. 576). See also Head vs. Marietta Guano Co., 124 
 Ga. 983 (53 S. E. 676) ; Smith vs. Powell, 134 Ga. 356 (67 
 S. E. 936). 
 
 "The nominal plaintiff is entitled to the protection afforded 
 by an appeal bond for the eventual condemnation money, in the 
 event of final judgment in his favor; and the bond, being a 
 statutory bond, should either comply strictly with the statutory 
 requirements or be amended to meet such requirements." 17 
 App. 446 (87 S. E. 709). 
 
 "In this case there was an appeal by the defendant to a jury 
 in a justice's court, and, the jury having rendered a verdict 
 against him, he appealed to a jury in the superior court ; bond
 
 122 APPEALS 
 
 being given in both instances. On the call of the case in the 
 superior court, the appellant moved to dismiss his appeal to 
 that court as, being unauthorized by law, and, upon objection 
 interposed by the opposing party, the court rendered judgment 
 on the appeal bond in the superior court for the amount of the 
 debt and costs, reciting that the appeal had been there abandoned 
 upon the call of the case for trial. To this judgment the appel- 
 lant excepted. 'The condemnation money for which the surety 
 on appeal is liable, is that which is recovered in the case on the 
 appeal trial. If, by reason of injunction, death, or other cause, 
 no trial of the case is or can be had as to the appellant, the 
 surety is not subject for a breach of his bond. He is liable only 
 upon a judgment rendered against the principal or his repre- 
 sentative in the case in which the appeal was entered.' Planters 
 Bank vs. Hudgins, 84 Ga, 108 (10 S. E. 501). No judgment 
 on the appeal bond should have been entered against the appel- 
 lant and his surety, except for costs in the appeal case; and to 
 include in the judgment anything more was erroneous." 17 
 App. 472 (87 S. E. 708). 
 
 SEC. 290. FORMS OF APPEAL. (See Part II, pages 272-274.) 
 SEC. 291. CEKTIOEARI OR APPEAL. The rules to determine 
 whether certiorari or appeal is the proper remedy are to be 
 found in 104/783 (31 S. E. 25), and are as follows: 
 
 "When the case is pending in the justice's court. (1) If the 
 amount in controversy is fifty dollars or less, and only questions 
 of law are involved, there may be either an appeal to a jury in 
 the justice's court, or a certiorari to the superior court. (2) If 
 the amount in controversy is fifty dollars or less, and there is 
 a dispute about the facts, there must be an appeal to a jury in 
 the justice's court, before the case can be carried by certiorari 
 to the superior court. (3) If the amount in controversy ex- 
 ceeds fifty dollars, and only a question of law is involved, and 
 the effect of the ruling complained of is such as not to dismiss 
 the case, the losing party may select one of three remedies : an 
 appeal to a jury in the justice's court, an appeal to the superior 
 court, or certiorari. (4) If only a question of law is involved, 
 the losing party may take the case to the superior court by 
 certiorari, without regard to the amount involved. (5) If at 
 the trial questions both of law and fact are raised, but the peti- 
 tion for certiorari only complains of the rulings which involve 
 the questions of law, thus waiving the right to complain of the 
 rulings upon disputed facts, certiorari is available as a remedy.
 
 APPEALS 123 
 
 (6) When the effect of the ruling is to dismiss the case or entire 
 proceeding, the exclusive remedy is certiorari, without regard 
 to the amount involved. (7) There may be an appeal to a jury 
 in the justice's court in all cases, without regard to the amount 
 in controversy, or the questions involved, whether they be of 
 law or fact or both, except in cases where the effect of the 
 magistrate's ruling is to dismiss the case. (8) If the amount 
 involved exceeds fifty dollars, an appeal to the superior court 
 may be had in all cases, whether the questions be of law or fact, 
 except in cases where the effect of the magistrate's ruling is to 
 dismiss the case, thus leaving no case to appeal. (9) After a 
 verdict has been rendered on appeal in the justice's court, cer- 
 tiorari is available in all cases without reference to the character 
 of the questions involved. 
 
 "When the case is pending in the county court. (1) .If the 
 amount involved exceeds fifty dollars, there may be an appeal 
 to the superior court in all cases, without regard to the character 
 of the questions involved, except in cases where the case has 
 been dismissed by the county judge, thus leaving no case to 
 appeal. (2) If the amount in controversy exceeds fifty dollars, 
 and questions of law only are involved, the losing party may 
 either appeal or certiorari, except when the effect of the ruling 
 is to dismiss the case, when the exclusive remedy is certiorari. 
 (3) If the amount involved exceeds fifty dollars, and there is 
 a dispute about the facts, appeal is the exclusive remedy. (4) 
 If the amount involved does not exceed fifty dollars, certiorari 
 is the exclusive remedy. Rules 4, 5 and 6 for justices' courts 
 are also applicable to county courts. 
 
 "To determine whether the case involves a question of law 
 or one of fact, the following suggestions are offered. (1) If 
 upon considering the entire evidence, whether it be derived from 
 an agreed statement of facts, oral testimony, documents, or other 
 source, it would be proper, if the case were on trial in the supe- 
 rior court, for the judge to direct a verdict, a question of law 
 only would be involved. (2) If upon a similar review of the 
 entire evidence there should appear conflicts of evidence, be- 
 tween witness and witness, between statements of the same wit- 
 ness, between witness and written statements, between different 
 clauses in a written statement, between witness and documents, 
 between document and document, or in any other way, questions 
 of fact would be involved. In other words, if the case presented 
 is such that it would be improper to direct a verdict, questions 
 of fact are certainly involved. (3) When the effect of the
 
 124 APPEALS 
 
 ruling is to dismiss the case or pending proceeding, a question 
 of law is involved. Rulings of this character are such as those 
 which sustain a demurrer, dismiss a levy or claim in a claim 
 case, sustain a motion for nonsuit, and the like." 
 
 SEC. 292. DECISIONS RELATING TO APPEALS. 
 
 ABATEMENT Filing plea of abatement delayed until appeal 
 of case, too late. 28/543; 103/649 (30 S. E. 562) ; 120/530 
 (3), (48 S. E. 128). 
 
 AFFIDAVIT Affidavit in forma pauperis, when evidence af- 
 fecting credibility of appellant shown to be property owner. 
 5 App. 102 (62 S. E. 729). Administrator can not appeal from 
 judgment which bound him personally without complying with 
 Code, 5009, as to paying costs and giving bond. 111/196 
 (36 S. E. 619). 
 
 AMENDMENT Right of. 101/814 (29 S. E. 191) ; 106/204 
 (32 S. E. 118) ; 118/514 (45 S. E. 314). Amendable and new 
 security given, if necessary. 63/607; 70/523; 113/924 (39 
 S. E. 404). Not amendable by giving new security, when. 
 107/406 (2), (33 S. E. 439). Amendable so as to bring amount 
 up to legal requirements, security essential thereto. 115/948 
 (42 S. E. 233). Amendment of suit on note, on appeal in 
 superior court, so as to bring amount within jurisdiction of 
 justice's court, allowable, when. 61/385; 113/942 (39 S. E. 
 311). 
 
 AMOUNT Claimed originally, not amount of judgment, de- 
 termines' right of appeal. 9 App. 469 (71 S. E. 763). In 
 excess of $50 appeal lies to superior court if disputed questions 
 of fact involved. 91/275 (18 S. E. 156) ; 104/776 (31 S. E. 
 25) ; 108/238 (33 S. E. 846). 
 
 ANSWER Defense made for first time on appeal from justice 
 court to superior court not allowed. 59/774 ; 70/502 ; 104/718 
 (30 S. E. 935). 
 
 ATTACHMENT General judgment in court below, without 
 dismissal of attachment, not prevent judgment in rem on appeal. 
 9 App. 606 (71 S. E. 948). 
 
 ATTORNEY Can not make affidavit in forma pauperis for 
 client. 25/262; 48/114; 83/639 (10 S. E. 278). Client must 
 make it for himself, under 80/120 (5 S. E. 250). Attorney 
 can not attest client's affidavit. 48/415. Attorney may enter 
 appeal without written authority. 119/908 (47 S. E. 206). 
 Attorney in fact must have and file written authority. 113/324
 
 APPEALS 125 
 
 (38 S. E. 748) ; 119/908 (47 S. E. 206). Transmission of the 
 appeal by appellant's attorney to the clerk of the superior court, 
 without authority of the justice of the peace, illegal and dis- 
 missal results. 116/814 (43 S. E. 25). 
 
 BOND Same surety on appeal and attachment bonds in same 
 case, appeal bond void, and not amendable on hearing of appeal. 
 7 App. 364 (66 S. E. 989). Opportunity should be afforded to 
 make required amendment. 9 App. 592 (71 S. E. 1005). Bond 
 amended by correcting initials of appellee, and by inserting 
 usee's name after name of formal party. 9 App. 840 (72 S. E. 
 443). Surety on prior bond in same case disqualified to become 
 surety on appeal. 9 App. 606 (71 S. E. 948). Bond liberally 
 construed ; substantial compliance with statute sufficient. 9 
 App. 591 (71 S. E. 1005). Bond omitting the words "for 
 the eventual condemnatipn money," not sufficient here. 9 App. 
 591 (71 S. E. 1005). Approval of bond not required by trial 
 justice; if not sufficient security can be excepted to. 120/417 
 (47 S. E. 942). Same security on appeal bond as on claim 
 bond, appeal a nullity. 120/766 (48 S. E. 354). Either party 
 to claim case on levy of execution for less than $50 on property 
 worth $300, right of appeal exists. Surety on appeal can not 
 be same as on forthcoming and damage bond in claim case. 
 118/830 (45 S. E. 684). 
 
 COEPORATIONS "Section 5002 of the Civil Code provides 
 that an appeal may be entered by the plaintiff or defendant in 
 person or by his attorney at law or in fact. Section 5005 pro- 
 vides that, 'in cases of corporations, the appeal may be entered 
 by the president or any agent thereof managing the case, or by 
 the attorney of record.' Counsel for the plaintiff in error relies 
 on King Hdw. Co. v. Bowden, 113/924, to sustain the proposi- 
 tion that a secretary > and treasurer of a corporation is not, by 
 virtue of his office, clothed with authority to sign an appeal 
 bond and enter an appeal in behalf of the corporation. It may 
 be conceded that the decision relied on sustains the position 
 taken by counsel, and that the appeal in the present case could 
 not, on its face, be said to have been entered by an authorized 
 agent of the defendant. A corporation can, of course, act only 
 through an agent, and any officer authorized so to do by the 
 corporation may enter an appeal on its behalf. If, therefore, 
 a person undertakes to enter an appeal in behalf of a corpora- 
 tion, it should appear that he has been clothed with authority 
 to act for the corporation and bind it by the appeal so entered.
 
 126 APPEALS 
 
 But section 5005 of the Civil Code expressly provides that any 
 agent of the corporation managing the case may enter the ap- 
 peal. We do not think that it is absolutely essential that the 
 appeal itself should recite that the person acting for the corpora- 
 tion was the agent managing the case." 11 App. 204 (75 S. E. 
 108). 
 
 COSTS Certificates as to payment of costs not sent up, no 
 cause for dismissing appeal. 68/194; 116/817 (43 S. E. 72) ; 
 120/417 (1), (47 S. E. 942). Provisions as to costs is for the 
 benefit of officers of court, and opposite parties have no concern 
 therein. 116/817 (43 S. E. 72); 120/1001 (48 S. E. 345). 
 Appellee can not have appeal dismissed for non-payment of 
 costs. 122/32 (49 S. E. 800). Justice may refuse to enter 
 appeal before payment of costs. 116/818 (43 S. E. 72). 
 
 DAMAGES For frivolous appeals, provisions as to, not apply 
 in claim cases, but only to cases in which a money verdict has 
 been rendered. 111/505 (36 S. E. 597). 
 
 DEFENDANTS Joint defendants; judgment against one sus- 
 pended by appeal from judgment as to the other. 5 App. 847 
 (64 S. E'. 114). 
 
 DISMISSAL Not affected by magistrate's judgment in favor 
 of defendant for costs, where plaintiff introduced testimony and 
 failed to prove case ; plaintiff could appeal as matter of right. 
 7 App. 313 (6 S. E. 809). Appeal dismissed when certiorari 
 is remedy. 126/45 (54 S. E. 821). Where justice's court 
 dismisses for want of sufficient evidence, appeal lies. 114/164 
 (39 S. E. 860). Where justice tries case and dismisses the 
 suit, plaintiff may, nevertheless, enter an appeal for the reason 
 that the judgment is adjudicative as to the merits of the matter 
 in controversy. 113/115 (38 S. E. 308). 
 
 DOCKET On appeal, docket of justice may be introduced in 
 evidence. While Code provides for exemplifications of the 
 dockets of magistrates to be introduced, yet does not prohibit 
 introduction of the original dockets themselves. 126/45 (54 
 S. E. 821). 
 
 EXECUTION From justice court for less than $50 levied on 
 property worth more, either party to claim case may appeal. 
 54/663; 117/508 (43 S. E. 1002). 118/830 (45 S. E. 684), 
 
 JOINT DEFENDANTS One defendant not joining in appeal 
 can amend the appeal and plead in the appeal court. 69/752 ; 
 99/166 (25 S. E. 398); 106/522 (1), (32 S. E. 634).
 
 CLAIMS 127 
 
 JUDGMENTS Plea filed in justice's court to suit on uncondi- 
 tional contract in writing, and such plea stricken on appeal, 
 verdict should be taken. 125/43 (2), (53. S. E. 767). Appeal 
 suspends, but does not vacate judgment. 125/95 (53 S. E. 
 580). Since Act of 1826, judgment must be entered on appeal 
 against principal and surety. 108/208 (33 S. E. 903). Judg- 
 ment appealed from need not be set forth in appeal. 9 App. 
 841 (72 S. E. 443). Judgment without jury on appeal in 
 superior court error, although suit be on unconditional contract 
 and plea be stricken. 125/43 (53 S. E. 767), 
 
 JURISDICTION Lacking in lower court, proper procedure was 
 to dismiss appeal, not set aside judgment. 6 App. 808 (65 
 S. E. 1093). Of superior court on appeal, how limited; no 
 larger than that of inferior judiciary. 120/1081 (48 S. E. 
 437). 
 
 PARTIES All brought up by appeal from judgment as to 
 one. 5 App. 847 (64 S. E. 114). Appeal by partnership must 
 be in the name of the firm. 118/514 (45 S. E. 314). 
 
 PLEA Too late where no defense at first term of justice 
 court. 6 App. 154 (64 S. E. 493). 
 
 TIME Within the time allowed by law, recited in bond, 
 sufficient. 120/417 (47 S. E. 942). Timely entry of appeal 
 must affirmatively appear. 102/579 (27 S. E. 677). Appeal 
 too late, not excused by habit of justice to close his office early 
 in the afternoon. 110/265 (34 S. E. 279). 
 
 CHAPTER XIII 
 CLAIMS. 
 
 (See Part II, pages 355-360.) 
 
 SECTION 293. CLAIMS TO BE ON OATH, "When any sheriff 
 or other officer shall levy an execution or other process on prop- 
 erty claimed by a third person not a party to such execution, 
 such person, his agent or attorney shall make oath to such prop- 
 erty." Code, 5157. 
 
 SEC. 294. Boxr> AXD SECURITY FOR DAMAGES. "The person 
 obtaining such property, his agent, or attorney, shall give bond 
 to the sheriff, or such other officer as the case may be, with good 
 and sufficient security, in a sum not larger than double the
 
 128 CLAIMS 
 
 amount of the execution levied, the amount of the bond shall 
 be double the value of the property levied upon, at a reasonable 
 valuation to be judged by the levying officer, conditioned to pay 
 the plaintiff all damages which the jury on the trial of the right 
 of property may assess against him in case it should appear that 
 said claim was made for the purpose of delay only." Code, 
 5158. 
 
 SEC. 295. SALE MUST BE POSTPONED, WHEN. "Affidavit 
 and bond being made and delivered as required in the preceding 
 section, it shall be the duty of the sheriff, or other levying officer, 
 to postpone the sale of said property until otherwise ordered." 
 Code, 5159. 
 
 SEC. 296. FORTHCOMING BOND MAY BE GIVEN, ETC. "In 
 all cases where a levy is made upon property that is claimed by 
 a third person, and such persons shall desire the possession 
 thereof, it shall be the duty of the sheriff or other levying officer, 
 to take bond with good security for a sum equal to double the 
 value of the property levied on, to be estimated by the levying 
 officer, for the delivery of such property at the time and place 
 of sale, provided the property so levied upon shall be found 
 subject to such execution; Provided that it shall not be lawful 
 to require or take a forthcoming bond for real estate." Code, 
 5160. 
 
 SEC. 297. BONDS MADE PAYABLE, TO WHOM. "The claim 
 bond shall be made payable to the plaintiff in execution, and the 
 forthcoming bond shall be made payable to the sheriff." Code, 
 5161. 
 
 SEC. 298. BOND RECOVERABLE ON FAILURE. "Bond and 
 security 4}eing given as provided for in the previous section, it 
 shall be the duty of the sheriff or other levying officer, to leave 
 such property in the possession of such claimant; and in case 
 the said claimant or his security should fail to deliver said prop- 
 erty, said bond shall be made recoverable in any court having 
 cognizance of the same." Code, 5162. 
 
 SEC. 299. PARTNER OR JOINT OWNER MAY CLAIM FOR ALL. 
 "One of several partners or persons jointly interested may 
 make the affidavit and execute the bond in the name of the firm 
 or persons jointly interested, who shall be bound thereby as 
 though each individual had signed it himself." Code, 5163. 
 
 SEC. 300. CLAIMS MAY BE MADE IN FORMA PAUPERIS. "In 
 all cases where the claimants are unable to give bond and secu- 
 rity as required in this article, in claim cases, it shall and may
 
 CLAIMS 129 
 
 bo the privilege of such claimants to file, in addition to the oath 
 required in section 5157, an affidavit as follows: % A. B., 
 do swear that I do not interpose this claim for delay only ; that 
 I bona fide claim the right and title to the same; that I am 
 advised and believe that the claim will be sustained; and that 
 from poverty I am unable to give bond and security as now 
 required by law.' And when said affidavit shall have been made 
 and delivered to the levying officer, the same shall suspend the 
 sale in the same manner as if bond and security had been given." 
 Code, 5164. 
 
 SEC. 301. PROPERTY, How DISPOSED OF. "If the property 
 levied on be personal, and the claimant unable to give a forth- 
 coming bond, it shall be the privilege of the plaintiff in fi. fa. 
 to give such bond, and upon such bond being given to be ap- 
 proved by the levying officer, it shall be the duty of the levying 
 officer to deliver said property to said plaintiff; but in no event 
 shall plaintiff be allowed any compensation for keeping said 
 property." Code, 5165. 
 
 SEC. 302. DISPOSITION OF PROPERTY WHERE No BOND Is 
 GIVEN. "In the event the claimant is unable, and the plaintiff 
 neglects or refuses to give said bond for the forthcoming of the 
 property, the claimant may apply to the ordinary and procure 
 an order for the sale of the same, and when said order has been 
 granted, it shall be the duty of the levying officer to advertise 
 the time and place of sale at not less' than three public places, 
 to be selected in different parts of the county in which the sale 
 is to take place, for fifteen days immediately preceding the time 
 of sale ; and on the day of sale, between the hours of 10 A. M. 
 and 1 P. M. said property shall be sold, and the money arising 
 from such sale shall remain in the hands of the levying officer, 
 subject to the order of court upon the final hearing of the 
 claim." Code, 5166. 
 
 SEC. 303. WHERE CLAIM TO BE RETURNED. "When an 
 execution issued from the superior court shall be levied upon 
 personal property, and claimed by a person not a party to such 
 execution, as provided in this Code, it shall be the duty of the 
 levying officer to return the same, together with the execution, 
 to the next term of the court from which said execution issued ; 
 but should such execution be levied upon real property, and the 
 same shall be claimed in the manner aforesaid, it shall be the 
 duty of the officer making the levy to return the same, together
 
 130 CLAIMS 
 
 with the execution and the claim to the next term of the supe- 
 rior court of the county in which the land so levied upon shall 
 lie." Code, 5167. 
 
 SEC. 304. TRIED BY PETIT JURY. "The court to which a 
 claim shall be returned shall cause the right of property to be 
 decided on by a jury at the first term thereof, unless continued 
 as other cases at common law." Code, 5168. 
 
 SEC. 305. OATH IN CLAIM CASES. "Every juror, on the 
 trial of the claim of property either real or personal, shall be 
 sworn, in addition to the oath usually administered, to give 
 such damages, not less than ten per cent, as may seem reason- 
 able and just, to the plaintiff against the claimant, in case it 
 shall be sufficiently shown that such claim was made for delay 
 only, and such jury may give a verdict in the manner aforesaid, 
 by virtue whereof judgment may be entered up against the 
 claimant and his security for the damages so assessed by the 
 jury and the costs of the trial of the right of property." Code, 
 5169. 
 
 SEC. 306. BURDEN OF PROOF ON PLAINTIFF. "Upon the 
 trial of all claims provided for in this chapter, the burden of 
 proof shall be upon the plaintiff in execution in all cases where 
 the property levied on is, at the time of such levy, not in the 
 possession of the defendant in execution." Code, 5170. 
 
 SEC. 307. CLAIM NOT TO BE WITHDRAWN. "Whenever a 
 claim of property is made in terms of this Code, and returned 
 to the proper court by the sheriff or other levying officer, the 
 claimant shall not be permitted to withdraw or discontinue his 
 said claim more than once, without the consent of the plaintiff 
 in execution, or some person duly authorized to represent such 
 plaintiff; but such court shall proceed to the trial of the claim 
 of such property, and it shall be the duty of the jury to assess 
 damages accordingly." Code, 5171. 
 
 SEC. 308. DAMAGES, WHERE CLAIM is DISCONTINUED. 
 "Whenever a claim may be dismissed for insufficiency, or is 
 withdrawn, plaintiffs in execution shall have full power to have 
 a case made up and submitted to the jury, charging that said 
 claim was filed for the purpose of delay, and upon proof of the 
 same defendant and claimant having the same power to resist 
 the case as in claim cases where damages are claimed the jury, 
 under instructions from the court, may give damages as in cases 
 where the claim is not withdrawn but submitted for trial to the
 
 CLAIMS 131 
 
 jury; said cases so submitted shall be tried at the time of the 
 disposal of the claim if the parties are ready, but continuances 
 shall be granted as in other cases." Code, 5172. 
 
 SEC. 309. No SECOND CLAIM RECEIVED AFTER PROPERTY 
 FOUND SUBJECT. "No second claim shall be received and re- 
 turned to court by any sheriff in any case where a claim has 
 already been filed by the same claimant and a verdict had find- 
 ing the property subject; and no subsequent claim shall be 
 received from any person who holds under a conveyance from 
 the first claimant, made subsequently to the filing of the first 
 claim upon the trial of which the property has been found sub- 
 ject." Code, 6270. 
 
 SEC. 310. How DAMAGES ARE TO BE ASSESSED. "Upon 
 the trial of claims to property which may be pending in the 
 superior court, when damages shall be found by the jury, the 
 said damages shall be assessed upon the whole amount then due 
 upon the execution, provided the value of the property in dis- 
 pute exceeds the amount of the execution, and upon the value 
 of the property when the value of the property is less than the 
 execution levied." Code, 5173. 
 
 SEC. 311. CLAIMS AND ILLEGALITIES AGAINST Fi. FAS. FROM 
 COURT OF ORDINARY. "Whenever an execution issued from a 
 court of ordinary shall be levied upon personal property, and a 
 claim to said property or an affidavit of illegality be interposed, 
 it shall be the duty of the sheriff, or other levying officer, to 
 return the same, together with the execution and all other papers', 
 to the next term of the superior court of the county from which 
 the fi. fa. was issued, but if said levy shall have been made upon 
 realty, then the fi. fa. with the claim or illegality papers, shall 
 by the levying officer be returned to the next term of the superior 
 court of the county where the land lies, and the same shall be 
 tried as is now provided for the trial of claim and illegality 
 cases." Code, 5174. 
 
 SEC. 312. ORIGINAL Fi. FA. IN CLAIM CASES MAY BE 
 WITHDRAWN. "The plaintiff in execution, in all claim cases', 
 shall have the right to withdraw the original fi. fa. from the 
 files of the court, by making application therefor, in person, or 
 by attorney, to the clerk of the court, if there be a clerk, or to 
 the court if there be no clerk; upon application being made, 
 such clerk or court shall make a true copy of such fi. fa. with 
 all entries thereon, and shall certify the same to be true; which
 
 132 CLAIMS 
 
 certified copy shall be filed with the claim papers in lieu of the 
 original fi. fa. and an entry of the filing made thereon." Code, 
 5175. 
 
 SEC. 313. CLAIMS AT EXECUTOR'S SALE. "When an execu- 
 tor, administrator, guardian or other trustee shall advertise that 
 it is his intention to apply for leave to sell any real estate as 
 the property of his testator, intestate, ward, or cestui que trust, 
 or has obtained such order, it may be lawful for any person 
 claiming such real estate either by himself, his agent, or attor- 
 ney, to file in the court of ordinary an affidavit claiming said 
 property, a copy whereof shall be served on such executor, ad- 
 ministrator, guardian, or trustee, as the case may be, previously 
 to the day of sale." Code, 5176. 
 
 SEC. 314. TRIED IN COUNTY WHERE LAND LIES. "Affidavit 
 having been made and filed, and notice having been given as 
 required in the preceding section, it shall be the duty of such 
 ordinary to transmit such claim affidavit to the next term of 
 the superior court of the county where the land lies; and the 
 right of property shall be there tried upon an issue made up in 
 the same manner and under the same regulations, restrictions 
 and penalties' as are now provided for the trial of claims to 
 property levied on by execution." Code, 5177. 
 
 SEC. 315. CLAIMS TO PERSONALTY, WHERE TRIED. "When 
 any executor, administrator, guardian, or other trustee shall 
 advertise to sell any personal property as the property of his 
 testator, intestate, ward, or cestui que trust, and the same shall 
 be claimed on oath, and the claim affidavit shall have been filed 
 and served as required in the first section of this chapter, it 
 shall be the duty of the ordinary to transmit such claim affidavit 
 to the superior court next to be held after such claim is filed in 
 the county where such executor, administrator, guardian or 
 trustee resides." ' Code, 5178. 
 
 SEC. 316. CLAIM POSTPONES SALE. "When a claim has 
 been interposed as provided in the preceding sections', the sale 
 of the property advertised and claimed shall be postponed until 
 after the termination of the claim case." Code, 5179. 
 
 SEC. 317. CLAIMS IN JUSTICE'S COURTS, WHEN AND How 
 INTERPOSED. "When an execution rendered by a justice of 
 the peace, or notary public who is ex-officio justice of the peace, 
 shall be levied upon personal property, which is claimed by any
 
 CLAIMS 133 
 
 person who is not a party to the ej;ecution, the claimant, his 
 agent, or attorney shall make oath that the property levied on 
 is' the right and property of the claimant, and shall also give 
 bond and security in double the amount of the execution, which 
 bond, the levying officer is empowered to take, payable to -the 
 plaintiff or assignee of the execution, as the -case may be, with 
 condition to pay all costs and damages which the said plaintiff 
 or assignee may sustain, in case it shall appear that such claim 
 was frivolous and intended for delay only; which bond, on 
 breach of the conditions thereof, shall be recoverable in any 
 court having cognizance of the same." Code, 4750. 
 
 SEC. 318. WHEN, WHERE, AND How TRIED. "When the 
 claim affidavit is made and the bond given, as directed in the 
 preceding section, the constable shall postpone the sale of the 
 property, and return the papers to the justice of the peace or 
 notary public who issued the execution ; and it shall be the duty 
 of such justice or notary public to cause an issue to be made 
 up, and try the right of property according to law, at the next 
 regular term of the justice court held by said justice of the 
 peace or notary public, occurring after ten days from the filing 
 of s'aid claim." Code, 4751. 
 
 SEC. 319. CONTINUANCE. "Upon good cause shown on 
 oath, a claim case may be continued one time by each party, 
 and no longer." Code, 4752. 
 
 SEC. 320. PAUPER AFFIDAVIT. 
 Georgia, County. 
 
 I, , do swear that I do not interpose 
 
 this claim for delay only ; that I bona fide claim the right and 
 title to the property levied on; that I am advised and believe 
 that the said claim will be sustained, and from poverty I am 
 unable to give bond and security as required by law. 
 
 , Claimant. 
 
 Sworn to and subscribed before me this 
 
 ,19.... 
 
 , J- P. 
 
 SEC. 321. FORTHCOMING BOND OF CLAIMANT. 
 Georgia, County. 
 
 Know all men by these presents', that we, , 
 
 as principal, and , as security, are bound 
 
 unto , constable of said county, in the 
 
 sum of Dollars, for the payment of
 
 134 CLAIMS 
 
 which we bind ourselves, our heirs, executors and administra- 
 tors, jointly and severally, by these presents. 
 
 Signed, sealed and dated, this ................. , 19. ... 
 
 The condition of the foregoing obligation is such, that, 
 
 Whereas, the said ................... , constable, has on 
 
 the ........ day of ................ , 19 . . . . , levied a certain 
 
 fi. fa', issued from the justice court of the ........... district, 
 
 G. M'., of said county, in favor of ......... against ......... , 
 
 upon one gray mare mule, about six years old, named "Nell," 
 upon which the said .............. has interposed his claim. 
 
 Now, therefore, should the said ............... deliver, or 
 
 cause to be delivered, to the said. ............. , constable as 
 
 aforesaid, the said gray mare mule, at the time and place of 
 sale, provided said property shall, upon the trial of the right 
 of property, be found subject to said fi. fa., then this bond to 
 be void; otherwise of force. 
 
 ............................ , Principal (SEAL) 
 
 ............................ . , Security (SEAL) 
 
 Taken and approved this 
 
 ........................... ., L. C. 
 
 SEC. 322. FORTHCOMING BOND OF PLAINTIFF IN Fi. FA. 
 Georgia, ...... ......... County. 
 
 Know all men by these presents, that we, ............... , 
 
 as principal, and ....................... , as security, are 
 
 held and firmly bound unto .................... , constable 
 
 of said county, in the sum of .................. Dollars, for 
 
 the payment of which we bind ourselves, our heirs, executors' 
 and administrators, jointly, severally and firmly, by these pres 
 ents. 
 
 Signed, sealed and dated this .................. , 19 .... 
 
 The condition of the foregoing obligation is such that, 
 
 Whereas, the said .......... . ....... , constable as afore- 
 
 said, having on the ........ day of ............... , 19 . . . . , 
 
 by virtue of an execution issued from the justice court of the 
 ............. District, G. M., of said county, levied upon one 
 
 gray mare mule, about six years old, named "Nell," as the 
 property of ..................... , to which said property 
 
 ..................... has interposed his claim, and being 
 
 unable t-o give a forthcoming bond for the same, and the said 
 ......................... , the plaintiff, having elected to 
 
 give bond and receive possession of said property.
 
 CLAIMS 135 
 
 Now, therefore, should the said ................ deliver 
 
 or cause to be delivered said gray mare mule, above described, 
 at the time and place of sale, provided the said mule, upon the 
 trial of the right of property, be found subject to s'aid execution, 
 and if not found subject, then to said ........... ........ , 
 
 constable as aforesaid, or his successor in office, at the termina- 
 tion of said claim case, to be disposed of according to law, then 
 this bond to be void ; otherwise of full force. 
 
 ............................ , Principal (SEAL) 
 
 ............................. , Security (SEAL) 
 
 Attested and approved this ........... 
 
 ............................ , L. C. 
 
 SEC. 323. ISSUE TENDERED. 
 
 And now comes ................. , the within mentioned 
 
 plaintiff, by his attorney, and says that the property levied upon 
 as the property of the defendant, and claimed by the claimant, 
 is not the property of the claimant but is the property of said 
 defendant and subject to the execution in favor of plaintiff 
 levied thereon; 
 
 And of this he puts himself upon the country. 
 
 This ..................... , 19.... 
 
 ....................... , Attorney for Plaintiff. 
 
 Rule 14 of the Superior Court was repealed by the Conven- 
 tion of Judges in 1911. This rule provided that if an issue 
 was not tendered by the plaintiff in fi. fa. within five minutes, 
 that the levy should be dismissed. This is no longer the law, 
 and need not be regarded in the trial of a claim case. 
 
 SEC. 324. ISSUE JOINED. 
 
 And the claimant doth the like, and says that the property 
 levied on is not subject to said execution. 
 
 ....................... ". . , Claimant's 1 Attorney. 
 
 SEC. 325. VERDICT. 
 
 We, the jury, find .the property subject. 
 
 This ............... ......... ,19 ____ 
 
 ....................... , Foreman. 
 
 SEC. 326. JUDGMENT. 
 
 Whereupon, it is considered and adjudged by the court that 
 the fi. fa. proceed against the property levied upon, and that 
 the plaintiff in fi. fa. and ................... . ., as security,
 
 136 CLAIMS 
 
 have and recover of the claimant, , 
 
 the sum of dollars and cents, 
 
 costs. Judgment signed this , 19 .... 
 
 , J. P. 
 
 Plaintiff's Attorney. 
 
 SEC. 327. JUDGMENT FOR DAMAGES AND COST. 
 
 Whereupon, it is considered and adjudged by the court that 
 the plaintiff in execution do recover against the claimant, 
 
 and , as security, 
 
 the sum of dollars for his damages, and 
 
 the sum of and cents for his 
 
 costs, in this behalf expended. Judgment signed this 
 
 , 19...- 
 
 , J. P. 
 
 Plaintiff's Attorney. 
 
 SEC. 328. AMENDMENT OF CLAIM. "When an execution is 
 levied upon mortgaged property, and a claim is interpos'ed, the 
 claimant can not, upon the trial of the issue amend the claim 
 by alleging that the mortgagor is not indebted to the mortgagee, 
 nor will he be allowed to introduce testimony tending to show 
 it. Ford vs. Fargason, 120 Ga. 606 (48 S. E. 180) ; Wash, 
 vs. Bank, 99 Ga. 592 (27 S. E. 167). Consequently, the court 
 did not err in overruling the amendment offered." 16 App. 
 382 (85 S. E. 354). 
 
 SEC. 329. BURDEN OF PROOF. "Upon the introduction of 
 an execution with an entry of levy thereon showing that at the 
 time of the levy, the property was in the possession of the de- 
 fendant named in the execution, the burden was' upon the claim- 
 ant to prove his title." 16 App. 424 (85 S. E. 617). 
 
 "Where a levy is made upon property found in the possession 
 of the defendant in fi. fa., and a claim is filed thereto, the burden 
 of proof rests upon the claimant. Where property levied upon 
 and found in the possession of the defendant in fi. fa. was a 
 bale of cotton, and there was evidence from which the jury 
 could find that the title to a part of the cotton in the bale was 
 in the defendant in fi. fa. and a part in the claimant, but the 
 bale of cotton at the time of the levy was in the possession of 
 the defendant in fi. fa., it was not error for the court to charge 
 the jury that the burden was upon the claimant to show what
 
 CLAIMS 137 
 
 part was subject and what part was not subject, and that upon 
 his failure to do so, it would be the duty of the jury to find all 
 of the cotton subject." 9 App. 496 (71 S. E. 807). 
 
 "Where in a claim case it appears that the claimant is in 
 possession of the property levied on, the burden of proof is on 
 the plaintiff in execution to show either title or possession in 
 the defendant in execution, since the debt of the former became 
 a lien on property of the latter." 107/264 (33 S. E. 73). 
 
 "In a claim case, where the plaintiff in fi. fa. proved that 
 the defendant in fi. fa. was in possession of the property levied 
 upon and exercising ownership thereof just before the levy was 
 made, this was sufficient to make out a prima facie case and to 
 shift the burden of proof; for the presumption is that when 
 title is proved to exist, in a certain person, it remains in him 
 until the contrary is shown." 8 App. 824 (70 S. E. 157). 
 
 SEC. 330. OBJECTION TO JURISDICTION. "Jurisdiction being 
 waived as to person and the subject-matter, as between the 
 plaintiff and the defendant, a valid judgment was rendered. 
 Thereafter the defendant himself could make no objection for 
 lack of jurisdiction, and the claimant could not make an attack 
 on the judgment except upon some ground which could at that 
 time be urged by the defendant. 'A defendant who has had his 
 day in court can not go behind the judgment for the purpose 
 of showing that it ought never to have been rendered, nor will 
 a claimant be allowed any such right.' Ansley Co. vs. O'Byrne, 
 120 Ga. 618, 620 (48 S. E. 228). The judgment in this case 
 is not void as to the claimant, since no objection to it was made 
 at the time of its rendition. The case of Suydnam vs. Palmer, 
 63 Ga. 547-548, does not apply." 16 App. 618 (85 S. E. 939). 
 
 SEC. 331. ADMISSION OF POSSESSION BY CLAIMANTS. 
 "After the close of the evidence and before the charge to the 
 jury, the claimants offered to admit the possession of the prop- 
 erty by the defendant in fi. fa. at the time of the levy, for the 
 sole purpose of obtaining the opening and concluding arguments 
 before the jury. The proposed amendment amounted only to 
 an admission by the claimants against their interest, arid there 
 was no harmful error in refusing to allow the amendment ; nor 
 did the court err thereafter in declining to allow the claimants 
 to open and conclude the argument." 16 App. 699 (86 S. E. 
 46). 
 
 SEC. 332. RIGHT OF PURCHASER OF CROPS FROM LAND- 
 LORD. " 'Although the special lien of a landlord, for rent on
 
 138 CLAIMS 
 
 crops made upon land rented from him dates from the maturity 
 of the crops, and is superior in dignity to the lien of an older 
 common-law judgment against the tenant, yet where the rent is 
 payable in money and the tenant delivers the whole or a portion 
 of the crops to the landlord in payment or satisfaction of the 
 rent debt, the landlord takes the same subject to the lien of the 
 older judgment, and can not resist the enforcement thereof by 
 claiming the property, but must assert the priority of his' lien 
 for the rent by foreclosing the same and claiming the proceeds 
 of the sale.' Duncan vs. Clark, 96 Ga. (22 S. E. 927) ; Light- 
 ner vs. Brannon, 99 Ga. 606 (27 S. E. 703) ; Hall vs. Mc- 
 Gaughey, 114 Ga. 405 (40 S. E. 246). One who subsequently 
 purchases such crops from a landlord who has bought them from 
 his 1 tenant under such circumstances as above stated is in no 
 better position to maintain a claim to the property than the 
 landlord himself." 17 App. 46 (86 S. E. 94). 
 
 SEC. 333. NON-APPEARANCE OF CLAIMANT. "The proper 
 practice in a claim -case, where the claimant fails to put in an 
 appearance, is either to dismiss the claim, or to have the plaintiff 
 make out his case and take a verdict finding the property sub- 
 ject to the execution ; and where the entry of levy on the execu- 
 tion recites that at the time of the levy, the property levied upon 
 was in the possession of the defendant in execution, this' would 
 make out a prima facie case in behalf of the plaintiff in fi. fa., 
 and would cast the burden upon the claimant, and, in the absence 
 of the claimant, would entitle the plaintiff in fi. fa. to a verdict 
 finding the property levied upon subject." 10 App. 320 (73 
 S. E. 597). 
 
 SEC. 334. PRIMA FACIE CASE. "In a claim case where the 
 plaintiff in fi. fa. seeks to make, out a prima facie case by show- 
 ing possession in the defendant, it is incumbent on him to show 
 such possession at the time of the rendition of the judgment, or 
 at the time of the making of the levy, or at some time interme- 
 diate between the judgment and the levy. 
 
 "In such a case where the levying officer amended his entry 
 of levy by adding thereto, after the words 'defendant in fi. fa.' 
 the words 'being in possession of the property levied upon' ; 
 and where the plaintiff in fi. fa. on the trial introduced also the 
 testimony of witnesses which, as it appears in the record, is 
 somewhat ambiguous and renders it uncertain whether the de- 
 fendant was in possession either at the time of the rendition of 
 the judgment, Or at the time of the making of the levy, or
 
 CLAIMS 139 
 
 between those dates, the presiding judge correctly refused to 
 dismiss the levy, but erred in directing a verdict in favor of the 
 plaintiff. He should have submitted the case to the jury to de- 
 termine what was the fact in regard to such possession." 134/ 
 477 (68 S. E. 69), 
 
 SEC. 335. HOMESTEAD PEOPERTY. "The setting apart of a 
 homestead does not divest the head of the family of the legal 
 title to the property. It only appropriates the property to a 
 particular use, for the benefit of certain beneficiaries, and dur- 
 ing a specified time. Where property which has been set apart 
 and exempted is subjected to a levy, a claim may be interposed 
 by the head of a family in his' own name. It is not necessary 
 that the claimant denominate himself as trustee or head of the 
 family, if it appears from the allegations of the claimant's affi- 
 davit that the property levied upon has in fact been exempted 
 and set apart for use as homestead property. 'In the nature of 
 things, the head of a family must represent the interests of the 
 beneficiaries in all actions' where the title to the exempted prop- 
 erty is involved, and it makes no difference whether he be 
 described as the head of a family, or as trustee, or as agent, or 
 simply designated by his own name.' " 9 App. 1 (70 S. E. 
 349). 
 
 SEC. 336. PAYMENT OF EXECUTION. "This was a claim case 
 in a justice court. The levy was dismissed upon the ground that 
 the execution had been fully paid off, there being entries of 
 levies which were sufficient in amount to discharge the execution 
 in full. The execution did show a number of entries of levies 
 upon personal property, which were unexplained. No evidence 
 at all was introduced at the trial to show the value of the prop- 
 erty embraced in these levies. This was absolutely essential to 
 the determination of the question as to whether the levies un- 
 explained were sufficient to raise a presumption of payment; 
 and for this reason, the justice of the peace erred in dismissing 
 the levy, and the certiorari should have been sustained." 127/ 
 203 (56 S. E. 300). 
 
 SEC. 337. OPENING AND CONCLUDING ARGUMENT. "In a 
 claim case, where the claimant admits a prima facie case for the 
 plaintiff in fi. fa., and assumes the burden of proof, he is entitled 
 to open and conclude the argument before the jury, although 
 the plaintiff in fi. fa. may not have introduced any evidence." 
 127/338 (56 S. E. 434).
 
 140 ILLEGALITIES 
 
 SEC. 338. GROUNDS OF ATTACK oisr EXECUTION. "In a claim 
 case, the claimant may attack the execution on any ground which 
 could then be urged by the defendant in fi. fa." 120/618 (48 
 S. E. 228). 
 
 CHAPTER XIV 
 ILLEGALITIES. 
 
 (Forms are set out in Part II, pages 461-465.) 
 
 SECTION 339. ILLEGALITY IN JUSTICES' COURTS. "When 
 an issue is made by an affidavit of illegality and returned to any 
 justice court, it shall be tried at the next term of said court after 
 said illegality has been returned to said court for five days." 
 Code, $4756. 
 
 SEC. 340. ILLEGALITY, How TAKEN. "When an execution 
 against the property of any person shall issue illegally, or shall 
 be proceeding illegally, and such execution shall be levied on 
 property, such person may make oath in writing, and shall state 
 the cause of such illegality, and deliver the same to the sheriff, 
 or other executing officer, as the case may be, together with bond 
 and good security for the forthcoming of such property, as pro- 
 vided by this Code." Code, 5305. 
 
 SEC. 341. No ILLEGALITY UNTIL AFTER LEVY. "E"o affi- 
 davit of illegality shall be received by any sheriff, or other 
 executing officer, until a levy has been made." Code, 5306. 
 
 SEC. 342. ILLEGALITY, How RETURNED AND TRIED. "When 
 the levy shall have been made, and affidavit and bond delivered 
 to the officer as herein provided, it shall be the duty of siich 
 officer to suspend further proceedings on such execution, and 
 return the execution, affidavit, and bond to the next term of the 
 court from which the execution issued ; and it shall be the duty 
 of said court to determine thereon at the first term thereof, 
 unless the plaintiff or his attorney desire to controvert the facts 
 contained in said affidavit, in which case an issue shall be joined, 
 which issue shall be tried by a jury at the same term, unless 
 good cause is shown for a continuance." Code, 5307. 
 
 SEC. 343. DAMAGES FOR DELAY ONLY. "Upon the trial of 
 an issue formed on an affidavit of illegality filed in the superior 
 courts, the jury trying the case shall have power to assess such 
 damages, not exceeding twenty-five per cent, as may seem reason-
 
 ILLEGALITIES 141 
 
 able and just, upon the principal debt, provided it shall be made 
 to appear that such illegality was interposed for delay only. And 
 whenever an illegality may be dismissed for insufficiency or 
 informality, or is withdrawn, plaintiffs in execution shall have 
 full power to proceed, as is provided in this Code in cases where 
 claims may be dismissed or withdrawn." Code, 5308. 
 
 SEC. 344. PEOPEKTY MAY BE SOLD UNDER OTHER EXECU- 
 TIONS. "When an execution has been levied on property, and 
 an affidavit of illegality filed to stay proceedings thereon, the 
 property so levied on shall be subject to levy and sale under 
 other execution, and the officer making the first levy shall claim, 
 receive, hold, and retain such amount of the proceeds of the sale 
 as the court shall deem sufficient to pay the execution first levied, 
 including interest up to the time of the court at which said 
 illegality shall be determined ; and any bond given by the de- 
 fendant on filing such affidavit shall be released and discharged 
 so far as relates to the property sold." Code, 5309. 
 
 SEC. 345. WHO MAY FILE ILLEGALITY. "An affidavit of 
 illegality may be filed by an attorney in fact, or an executor, 
 administrator, or other trustee." Code, 5310. 
 
 SEC. 346. W T HEN ILLEGALITY CAN NOT Go BEHIND JUDG- 
 MENT. "If the defendant has 1 not been served, and does not 
 appear, he may take advantage of the defect by affidavit of 
 illegality; but if he has had his day in court, he can not go 
 behind the judgment by an affidavit of illegality." Code, 5311. 
 
 SEC. 347. BURDEN OF PROOF. "On the trial of an affidavit 
 of illegality, the burden is on the plaintiff in fi. fa. to make a 
 prima facie' case by putting in evidence an execution, fair on 
 its face, and a legal levy thereon. When this is done, the burden 
 is shifted from the plaintiff to the defendant to support his alle- 
 gation of the illegality of the execution or levy, but in such a 
 case the plaintiff still retains the right to open and conclude the 
 argument. Civil Code, 6271 ; Bertody vs. Ison, 69 Ga. 317." 
 17 App. 578 (87 S. E. 842). 
 
 S-EC. 348. AMENDMENT OF AFFIDAVIT OF ILLEGALITY. "The 
 proffered amendment to the affidavit of illegality was fatally 
 defective, first, because, in the affidavit supporting it, the affiant 
 failed to swear that he did not know of the existence of this 
 ground when the original affidavit of illegality was made; and 
 further, the ground is itself without merit, because the affidavit 
 seeks to go behind the judgment, and, while attempting to show 
 no record of service, does not allege that the defendant company
 
 142 ILLEGALITIES 
 
 * 
 
 had not in fact been served with process or had not had its day 
 ill court. Civil Code, 5311 ; Bird vs. Burgsteiner, 108 Ga. 654 
 (34 S. E. 183) ; Cobb vs. Pittman, 49 Ga. 579. The justice of 
 the peace, therefore, properly refused to allow the amendment 
 and correctly dismissed the illegality on demurrer ; and the judge 
 of the superior court did not err in refusing to sanction the cer- 
 tiorari." 17 App. 756 (88 S. E. 413). 
 
 SEO. 349. EXCESSIVE LEVY AS GROUND FOR ILLEGALITY. 
 "An excessive levy is no ground for illegality. Manry vs. 
 Shepperd, 57 Ga. 68 (7) ; Pinkston vs. Harrell, 106 Ga, 102, 
 106 (2), (31 S. E. 808, 71 Am. St. R. 242). 
 
 "Nor would the fact that the advertisement was irregular be 
 a sufficient ground for a stay of the execution, but the remedy 
 of the defendant in execution would be against the officer. Jef- 
 fries vs. Bartlett, 75 Ga. 230 (3a) ; Treadwell vs. Beauchamp, 
 82 Ga. 736 (9 S. E. 1040)." 17 App. 786 (88 S. E. 701). 
 
 SEC. 350. FORTHCOMING BOND; HOMESTEAD. "No forth- 
 coming bond is required upon the filing of an affidavit of ille- 
 gality interposed to a levy on realty. The provisions of section 
 5305 of the Civil Code apply to levies upon personalty only. 
 This section of the code and section 6040 should be construed 
 together. 
 
 "A defendant can not, by affidavit of illegality, attack a judg- 
 ment for any cause that he could have s'et up as a defense in the 
 original suit. Civil Code, 5311; Butler vs. Hall, 7 Ga. App. 
 777 (68 S. E. 331). In this case, the alleged lack of service upon 
 a co-defendant should have been pleaded in the original suit, 
 and was not a sufficient ground for an affidavit of illegality. 
 
 "Where the affidavit of illegality alleges that the judgment 
 debt has been discharged in a court of bankruptcy, it is error 
 to dismiss the affidavit because of failure to set forth or attach 
 a copy or an abstract of the record of the proceedings, in that 
 court. It is not necessary that the affidavit shall contain -this, 
 but it should be submitted as evidence upon the trial. 
 
 "A homestead exemption set apart by a court of bankruptcy 
 is no more subject to be levied on than if it had been s'et apart 
 by the ordinary of the county. Ross vs. Worsham, 65 Ga. 624 ; 
 Evans vs. Rounsaville, 115 Ga. 684 (42 S. E. 100). 
 
 "Where a homestead is being levied on, and the fi. fa. fails 
 to show upon its face a lien superior to the homestead, and
 
 GARNISHMENTS 143 
 
 where the plaintiff in fi. fa. has not filed the affidavit required 
 by section 3400 of the Civil Code, the levy is proceeding ille- 
 gally." 16 App. 472 (85 S. E. 791). 
 
 SEC/ 351. SECOND AFFIDAVIT. "A second affidavit of ille- 
 gality is not maintainable if based on the same facts that the 
 first affidavit was based upon. The fact that the first affidavit 
 was dismissed, without a trial of the issues raised or attempted 
 to be raised by it, does not make an exception to the rule." 15 
 App. 680 (84 S. E. 175). 
 
 CHAPTER XV 
 
 GARNISHMENTS. 
 (See Part II, pages 475-483.) 
 
 SECTION 352. WHAT Is A GARNISHMENT. A garnishment 
 is a proceeding whereby a creditor who has a judgment or a 
 suit pending against his debtor can have applied to his debt any 
 amount owed by a third person to his' -debtor or any property or 
 effects in the hands of a third person so applied. It is really a 
 suit by the creditor in the name of the defendant against a 
 third person to apply any debt owed the debtor or any property 
 or effects of his to the satisfaction of the creditor's claim. In 
 such garnishment proceeding, the creditor occupies' the place of 
 his debtor and stands in his shoes so far as any recovery can be 
 had. The person garnisheed can set up any claim he has against 
 the debtor whom he owes and take it off of the amount that he 
 owes 1 the debtor. In making his answer, the question is as to 
 what he owes the debtor or what property or effects he had in 
 his hands at the time of the service of the summons of garnish- 
 ment or what he has become indebted to him up to the making 
 of the answer or what property or effects he had in his hands 
 at the time of the service of the summons of garnishment or 
 what property and effects has come into his hands up to the time 
 of making his answer. 
 
 SEC. 353. REGULATIONS. "In cases where suit is pending, 
 or where judgment has been obtained, the plaintiff shall be 
 entitled to the process 1 of garnishmeiit under the following regu- 
 lations." Code, 5265.
 
 144 GARNISHMENTS 
 
 SEC. 354. AFFIDAVIT BY AGENT OB ATTORNEY. "When the 
 affidavit is made by the agent or attorney at law of the plaintiff, 
 he may swear according to the best of his knowledge and belief, 
 and shall have power to sign the name of the plaintiff to the 
 bond, who shall be bound thereby in the same manner as though 
 he had signed it himself." Code, 5266. 
 
 SEC. 355. AFFIDAVIT AND BOND BY ONE OF A FIRM, ETC. 
 "When the debt for the recovery of which the garnishment is 
 sought is 1 due to copartners, or several persons jointly, any one 
 of said copartners or joint creditors may make the affidavit and 
 give the bond in the name of the plaintiff, as prescribed in cases 
 of attachment." Code, 5267. 
 
 SEC. 356. GARNISHMENT, How OBTAINED. "The plaintiff, 
 his agent, or attorney at law shall make affidavit before some 
 officer authorized to issue an attachment by this Code, stating 
 the amount claimed to be due in such action, or on such judg- 
 ment, and that he has reason to apprehend the loss of the same 
 or some part thereof unless process of garnishment do issue, 
 and shall give bond, with good security, in a sum at least equal 
 to double the amount sworn to be due, payable to the defendant 
 in the suit or judgment, as the case may be, conditioned to pay 
 said defendant all costs and damages that he may sustain in 
 consequence of suing out said garnishment, in the event that the 
 plaintiff fails to recover in the suit, or it should appear that the 
 amount sw r orn to be due on such judgment was not due, or that 
 the property or money sought to be garnished was not subject 
 to process of garnishment." Code, 5268. 
 
 SEC. 357. How AND BY WHOM ISSUED, ETC. "When such 
 affidavit has been made and bond given, it shall be the duty of 
 the officer before whom the same is made, or any other officer 
 authorized by this Code to issue attachments, to whom the same 
 bond and affidavit may be delivered, upon the request of the 
 plaintiff, his agent, or attorney at law, to issue a summons of 
 garnishment, directed to the person sought to be garnished, 
 requiring him to appear at the next term of the court where 
 such suit is pending, or where such judgment was obtained; 
 but if the next superior court shall be held within less than ten 
 days from the time such summons shall issue, then the garnishee 
 shall be required to appear at' the next court thereafter, then 
 and there to depose on oath what he is indebted to, or what 
 property and effects he has in his hands~ belonging to, the de- 
 fendant, or had at the time of the service of the summons of
 
 GARNISHMENTS 145 
 
 garnishment; and also what he has become indebted to the 
 defendant, or what property and effects he has received or got 
 possession of belonging to the defendant, between the time of 
 the service of said summons and the time of making his return ; 
 and upon such affidavit, bond, and summons of garnishment 
 being delivered to any officer authorized by law to levy an attach- 
 ment, it shall be his duty to serve such summons of garnishment 
 upon the person to whom it is directed, if to be found in his 
 county, and to make an entry of such service, and of his actings 
 and doings in the premises, nppn the affidavit and bond, and 
 return the same to the court to which the person summoned as 
 garnisliee is required to appear; and all subsequent proceedings 
 shall be the same as in this Code prescribed in relation to gar- 
 nishment in cases of attachment. Summons of garnishment may 
 issue under the provisions of this' section, from time to time, 
 before trial, without giving additional bond." Code, 5269. 
 
 SEC. 358. GARNISHMENT UPON CORPORATION, How SERVED. 
 "Service of a summons of garnishment upon the agent in charge 
 of the office or business of the corporation in the county or dis- 
 trict at the time of service shall be sufficient." Code, 5270. 
 
 SEC. 359. GARNISHEE'S ANSWER MUST INCLUDE WHAT. 
 "In all cases of garnishment, whether the same be by attachment 
 ' or by garnishment at common law, it shall be the duty of the 
 garnish ee to answer what property, money, or effects of the 
 defendant he had in his hands at the date of the service of the 
 summons of garnishment, and also w r hat property, money, or 
 effects of the defendant may have come into his or her hands' at 
 any time from the date of said service to the date of the answer ; 
 and said garni shee shall also answer what he or she owes the 
 defendant at the date of the service, and also Avhat he or she 
 may have become indebted to the defendant at any time between 
 the date of the service of the summons and the answer thereto." 
 Code, 5271. 
 
 SEC. 360. WHAT Is SUBJECT TO GARNISHMENT. "All debts 
 owing to the defendant, and all property, money, or effects of 
 the defendant coming into the hands of the garnishee at or 
 within the times designated in the preceding section, shall be 
 subject to process of garnishment, whether the garnishee had 
 anything in his hands or was' indebted anything to the defendant 
 at the date of the service of the summons or not." Code, 5272. 
 
 SEC. 361. INDKBTKDXESS ACCRUING AFTER SERVICE OF SIM- 
 MONS. "Whenever a summons of garnishment is served oil any
 
 146 GARNISHMENTS 
 
 person, and such person, after the date of such service, becomes 
 indebted to the defendant, such subsequent indebtedness imme- 
 diately upon its accruing shall become subject to the lien of such 
 garnishment, and no payments made by the garnishee to the 
 defendant, or to his order, after the date of the service of the 
 garnishment, shall defeat the lien of such garnishment. The 
 service of a summons of garnishment shall in all cases operate 
 as a lien on all the garnishee's indebtedness at the date of the 
 service and also on all future indebtedness accruing up to the 
 date of the answer, and such lien shall not be defeated by any 
 payments by the garnishee or overdrafts by the defendant or 
 other arrangements between the defendant and the garnishee." 
 Code, 5273. 
 
 SEC. 362. DOES NOT AFFECT EXEMPTIONS. "The preceding 
 section shall not operate to change or alter the laws exempting 
 from the process and liabilities of garnishment the daily, weekly, 
 or monthly wages of journeymen mechanics and day-laborers." 
 Code, 5274. 
 
 SEC. 363. GARNISHMENTS ON JUDGMENTS IN COURT OF ORDI- 
 NARY. "In all cases where judgment has been, or may hereafter 
 be, obtained in the courts' of ordinary of this State, the plaintiff 
 in such judgment shall be entitled to process of garnishment, 
 as in other cases of garnishment at common law, and the pro- 
 ceedings in such cases shall be the same as though such judgment 
 may have been obtained in the superior court: Provided, how- 
 ever, that the person sought to be garnished shall be directed 
 and required to answer at the next term of the superior court 
 of the county wherein the garnishee resides' ; but if the next term 
 of the superior court shall be held within less than ten days after, 
 the summons issues, then the garnishee shall be required to 
 appear and answer at the next term of the court thereafter." 
 Code, 5275. 
 
 SEC. 364. GARNISHMENTS AGAINST PERSONS IN OTHER 
 COUNTIES. "The plaintiffs named in the foregoing s'ection shall 
 have power to garnish persons in counties other than the county 
 wherein their judgments are or may have been obtained, as in 
 other cases of garnishment at common law ; and the defendants 
 in such judgments and claimants to the money or property in 
 the hands of the garnishee shall have the right to dissolve such 
 garnishments, or to claim said money or property, in the same 
 manner as in other cases of garnishment at common law." Code, 
 5276.
 
 GARNISHMENTS 147 
 
 SEC. 365. GARNISHMENT- AGAINST PERSONS RESIDING OUT 
 OF THE COUNTY. "When any of the persons sought to be gar- 
 nished reside in a different county from the one where suit is 
 pending or in which judgment was obtained, it shall be the duty 
 of the officer taking such affidavit and bond, or any officer of the 
 county where such suit is pending or where such judgment was 
 obtained, authorized by this Code to issue an attachment, to 
 whom said bond and affidavit may be delivered, to make out a 
 copy thereof and certify the same to be true, and to deliver said 
 certified copy to the plaintiff, his agent, or attorney at law ; and 
 upon such certified copy being delivered to any officer authorized 
 to issue an attachment, of the county where the person sought 
 to be garnished resides, it shall be the duty of such officer to 
 issue summons of garnishment for such person as he may be 
 directed by the plaintiff, his agent, or attorney at law, requiring 
 him to appear at the next superior or justice's court of said 
 county, according as such suit is pending or judgment was 
 obtained in the superior or justice's court, then and there to 
 depose according to the provisions of the previous sections ; but 
 if the said superior court shall be held within less than twenty 
 days, or said justice's court shall be held within less than ten 
 days, from the time such garnishment is'sues, the garnishee shall 
 be required to appear at the next court thereafter." Code, 
 $5277. 
 
 SEC. 366. GARNISHMENT IN ANOTHER COUNTY. "When 
 any of the persons sought to be garnished reside in a different 
 county from the one where suit is pending or in which judgment 
 was obtained, the plaintiff, his agent, or attorney at law may 
 make affidavit and give bond in any county in the State, before 
 any officer authorized to issue an attachment under this Code, 
 and it shall be the duty of the officer taking such affidavit and 
 bond to make out a copy thereof and certify the same to be true, 
 and to issue summons of garnishment for such person as he may 
 be directed by the plaintiff, his agent, or attorney at law, re- 
 quiring him to appear at the next superior or justice's court 
 of the county of the garnishee's residence, according as such 
 suit is pending or judgment was obtained in the superior- or 
 justice's court, then and there to depose according to the pro- 
 visions of law; and it shall be the duty of the officer serving 
 such summons to return or transmit the certified affidavit and 
 bond, together with his actings and doings thereon, to the supe- 
 rior or justice's court of the county in which such suit is pend- 
 ing or judgment w r ae>' obtained, and to return the original affidavit
 
 148 GARNISHMENTS 
 
 and bond to the court where such person is summoned to appear, 
 with his actings and doings thereon; and all subsequent pro- 
 ceedings shall be the same as prescribed by this Code in relation 
 to garnishment in cases of attachment, where the garnishee 
 resides out of the county in which the attachment is returnable. 
 This section shall not be so construed as to repeal the preceding 
 section, but as providing an additional mode of obtaining gar- 
 nishment against persons residing out of the county where suit 
 is pending, or in which judgment was obtained; and so much 
 of said section as relates to the time in which service of sum- 
 mons of garnishment shall be made returnable to the superior 
 or justice's court is hereby made a part of this section." Code, 
 5278. 
 
 SEC. 367. How ISSUED, SERVED, AND RETURNED, ETC. 
 "Upon such certified copy of affidavit, bond, and summons' of 
 garnishment being delivered to any officer authorized by law to 
 levy an attachment, it shall be his duty to serve the summons 
 upon the person to whom it is directed, and to return the said 
 copy affidavit and bond to the court where such person is sum- 
 moned to appear, together with his actings and doings entered 
 thereon, and all subsequent proceedings shall be the same as 
 prescribed by this Code in relation to garnishment in cases of 
 attachment, where the garnishee resides out of the county in 
 which the attachment is returnable." Code, 5279. 
 
 SEC. 368. DISSOLUTION or GARNISHMENTS. "In any case 
 when garnishment has been issued, the defendant may dissolve 
 such garnishment upon filing in the clerk's' office of the court, 
 or with the justice of the peace, where suit is pending or judg- 
 ment was obtained, a bond with good security, payable to the 
 plaintiff, conditioned for the payment of the judgment that shall 
 be rendered on said garnishment. The plaintiff may enter up 
 judgment upon such bond against the principal and securities, 
 as judgment may be entered against securities upon appeal, 
 whenever said plaintiff shall obtain the judgment of the court 
 against the property or funds' against which garnishment was 
 issued." Code, 5280. 
 
 SEC. 369. ANSWER OF GARNISHEE AND JUDGMENT. "The 
 garnishee shall file his answer stating what amount he was in- 
 debted to the defendant, or what effects he had in his hands be- 
 longing to defendant, at the time of the service of such summons, 
 and what he has become indebted to the defendant, or what effects 
 have come into his hands belonging to the defendant, between the
 
 GARNISHMENTS 149 
 
 time of the service of such summons and the making of his 
 answer; and in the event the court shall decide that the fund 
 or property in the hands of the garnishee was subject to garnish- 
 ment had the garnishment not been dissolved, then the court 
 shall render judgment against the defendant and his securities ; 
 and in case the garnishee fails or refuses to file the answer 
 provided for in this section, judgment by default may be en- 
 tered against him for such an amount as may have been obtained 
 by judgment against the defendant, which judgment may be 
 enforced against the garnishee, notwithstanding a bond to dis- 
 solve the garnishment may have been filed by the defendant ; 
 and upon such judgment being entered, judgment may be had 
 for the amount thereof against the defendant and the sureties 
 on the bond given to dissolve the garnishment." Code, 5281. 
 
 SEC. 370. CLAIMANTS MAY DISSOLVE GARNISHMENT. "When- 
 ever any process of garnishment is served upon any person, 
 based upon suit, attachment, or judgment, and there shall be 
 money or property of any kind or description in the hands of 
 the garnishee, or that shall come into his hands so as to fall 
 within the operation of the summons of garnishment so served 
 as aforesaid, which is claimed to be the property or money of 
 any person not a party to the proceeding upon which said gar- 
 nishment is based, said claimant may dissolve said garnishment 
 by filing in the clerk's office of the superior court of any county, 
 or of any city court, or in the office of any justice of the peace 
 or notary public, according as said garnishment may be return- 
 able to the superior, city, justice's, or notary public's court, a 
 bond with good security in twice the amount of the sum claimed 
 upon said suit, attachment, or judgment, to be approved by said 
 clerk, or said justice of the peace or notary public, conditioned 
 to pay to the plaintiff the sum that may be found due to said 
 defendant upon the trial of any issue that may be formed upon 
 the answer of the garnishee, or that may be admitted to be due 
 in said answer, if untraversed." Code, 5282. 
 
 SEC. 371. TRAVERSE, ETC., ON ANSWER OF GARNISHEE. 
 "The garnishee, upon answering, shall be discharged from all 
 further liability, and the plaintiff's remedy shall be upon the 
 bond so executed as aforesaid ; the plaintiff or claimant, or both 
 of them may traverse said answer, and the issue upon said 
 traverse shall be submitted to a jury as other issues upon the 
 answer of garnishee; if said garnishee fails to answer within 
 the time required by the laws of this State, judgment shall be
 
 150 GARNISHMENTS 
 
 had against him, and he shall be liable thereon, notwithstanding 
 any bond that may have been executed by any claimant of the 
 fund or property in his hands." Code, 5283. 
 
 SEC. 372. NOTICE OF TRAVERSE MUST BE GIVEN. "When 
 an answer of garnishment is traversed, if the proceedings be in 
 a justice's court, notice of such traverse shall be given in writing 
 to the garni&hee if such garnishee be accessible, if not, then to 
 his agent or attorney of record, at least five days before the trial 
 of such garnishment, and in any other courts at least ten days 
 before the trial of such garnishment." Code, 5284. 
 
 SEC. 373. SERVICE ON ATTORNEY OR AGENT OF NON-RESI- 
 DENT CORPORATION. "If the garnishee be a non-resident cor- 
 poration, service of notice of traverse upon any duly authorized 
 agent or the attorney of record of such corporation shall be 
 sufficient." Code, 5285. 
 
 SEC. 374,. WHEN NOTICE NOT NECESSARY. "If the gar- 
 nishee, his agent, or attorney of record, as hereinbefore provided, 
 be inaccessible, notice of such traverse shall not be necessary, 
 and any judgment taken against the garnishee shall be valid; 
 but in all other cases any judgment taken against the garnishee 
 without service of such notice of traverse shall be void." Code, 
 5286. 
 
 SEC. 375. SERVICE,, How PERFECTED. "The service of notice 
 of traverse shall be perfected by the plaintiff, his agent, or 
 attorney of record, or by the proper officer of said court, either 
 by serving the garnishee, his agent, or attorney of record in 
 pers'on or by leaving a copy of such notice of traverse at the 
 most notorious place of abode of such garnishee, his agent, or 
 attorney, or by acknowledgment of service." Code, 5287. 
 
 SEC. 376. THE FUND OR PROPERTY TO BE DELIVERED TO 
 CLAIMANT. "The garnishee shall pay over or deliver any money 
 or property to the claimant upon the dissolution of the garnish- 
 ment in manner aforesaid, unless prevented by other legal proc- 
 ess." Code, 5288. 
 
 SEC. 377. CLAIMANT Is PARTY TO SUBSEQUENT PROCEED- 
 INGS. "The claimant of any fund or property, to whom the 
 same may have been paid or delivered upon the dissolution of 
 the garnishment in the manner before prescribed, shall be a 
 party to all further proceedings upon said garnishment; and 
 judgment shall be had instanter upon said bond for any sums
 
 GARNISHMENTS 151 
 
 or the value of any property that may be found to have "been in 
 the hands of said garnishee, liable to the operation of said sum- 
 mons of garnishment." Code, 5289. 
 
 SEC. 378. MONEY RAISED BY GARNISHMENT, How DIS- 
 TRIBUTED. "All money raised by virtue of the process of gar- 
 nishment under this Code shall be paid over to the creditors of 
 the defendant, according to the priorities now established by 
 law the expenses of the moving creditor being first paid pro 
 rata by the judgment creditors receiving the benefit of his dili- 
 gence." Code, 5290. 
 
 SEC. 379. GARNISHEE LIABLE FOR INTEREST, WHEN. "As 
 a general rule, a party who is prevented from paying over money 
 by process of law is not liable for interest; but if a garnishee 
 resists the payment of the fund in his hands', or controverts his 
 indebtedness, he is liable for interest thereon but he may re- 
 lieve himself from interest by paying the fund into court." 
 Code, 5291. 
 
 SEC. 380. JUDGMENT. "The plaintiff shall not have judg- 
 ment against the garnishee until he has obtained judgment 
 against the defendant." Code, 5292. 
 
 SEC. 381. ANSWER OF GARNISHEE. "The garnishee must, 
 in his answer, admit or deny his indebtedness, or that he has or 
 had effects in his hands belonging to defendant ; and if he is 
 unable to do so, his inability must appear in his answer, together 
 with all the facts plainly, fully, and distinctly set forth, so as 
 to enable the court to give judgment thereon." Code, 5293. 
 
 SEC. 382. GARNISHEE RELIEVED FROM COST OF ANSWER. 
 "In all cases where process 1 of garnishment shall be served upon 
 any person, and such person shall make a true answer to the 
 garnishment, as now required by law, and shall pay the sum due 
 to the defendant into court, or shall turn over and deliver up 
 any personal property of the defendant that he may have in his 
 possession, as required by law, or shall answer truly that he 
 owes the defendant nothing, if the garnishee shall have to incur 
 any expense in making his or her answer to the garnishment, 
 or in turning over said personal property, the amount so incurred 
 shall be taxed in the bill of costs, under the approval of the 
 court, and be paid by the party cast in the suit, as' other costs 
 are now paid." Code, 5294. 
 
 SEC. 383. REMEDIES AGAINST GARNISHEE. "Whenever the 
 garnishee shall answer that he has money or currency in his 
 control belonging to the defendant in the principal suit, or the
 
 152 GARNISHMENTS 
 
 fact shall be ascertained in the manner provided by law, the 
 plaintiff, in addition to other remedies now existing, shall have 
 the same remedy to enforce the delivery of such money or cur- 
 rency as exists under section 5098 of this Code, to enforce the 
 delivery of property or effects; and all the provisions of said 
 section as it exists, and shall exist, shall apply to garnishments 
 at common law." Code, 5295. 
 
 SEC. 384. COLLATERALS NOT SUBJECT TO GARNISHMENT. 
 "Collateral securities in the hands of a creditor shall not be the 
 subject of garnishment at the instance of other creditors." Code, 
 5296. 
 
 SEC. '385. ATTORNEY AT LAW Is SUBJECT TO GARNISHMENT. 
 "An attorney at law, who has money or other effects in his hands 
 belonging to the defendant, shall be subject to be garnished." 
 Code, 5297. 
 
 SEC. 386. EXEMPTION OF -WAGES. "All persons shall be 
 exempt from the process and liabilities of garnishment on one 
 dollar and twenty-five cents per day of their daily, weekly, or 
 monthly wages and on fifty per cent, of the excess thereof, 
 whether in the hands of their employers or others. All wages 1 
 above the exemption herein provided for shall be subject to 
 garnishment, and garnishee in making answer shall state spe- 
 cifically when the wages therein referred to were earned by 
 defendant and whether the same were earned as daily, weekly, or 
 monthly wages." Acts 1914, p. 62. (Park's Annotated Code, 
 1914, 5298). 
 
 SEC. 387. CREDITORS PROHIBITED FROM TRANSFERRING 
 CLAIMS TO PARTIES WITHOUT THE STATE. "Whoever assigns 
 or transfers or sends out of this State, by himself or agents, any 
 claim for debt against a resident of this State, for the purpose 
 of having the same collected by proceedings in attachment or 
 by garnishments in courts outside of this State, with intent to 
 deprive a resident of this State of the right to have his wages 
 exempt from garnishment as provided by the laws of this State, 
 where the creditor and debtor and person or corporation owing 
 the money intended to be reached by such proceedings are within 
 the jurisdiction of the courts of this State, thereby seeking to 
 evade said law and defeat the public policy of this State, shall 
 be guilty of a misdemeanor." Code, 5299. 
 
 SEC. 388. DAMAGES, RIGHT TO RECOVER. "And the person 
 whose personal earnings are so attached or garnished shall have 
 a right of action before any court of this State having jurisdic-
 
 GARNISHMENTS 153 
 
 tion, to recover the amount attached and any costs paid by him 
 in such attachment proceedings, together with all damages which 
 he or they may sustain thereby, particularly such damages as 
 may result to such person or persons because of any loss of 
 employment by them, or discharge or suspension from work, 
 because of any levy of such attachment or garnishment proceed- 
 ings, either from the person so assigning, transferring, or send- 
 ing such claim but of the State to be collected, as aforesaid, or 
 the person to whom such claim may be assigned, transferred, 
 or sent, as aforesaid, or both, at the option of the person bring- 
 ing such stilt. The money thus recovered shall not be subject 
 to garnishment." Code, 5300. 
 
 SEC. 389. PRIMA FACIE EVIDENCE. "The assignment, trans- 
 fer, or sending of such claim to a person not a resident of this 
 State, and the commencement of such proceedings in attachment 
 outside of this State, shall be considered prima facie evidence 
 of the violation of the two preceding sections." Code, 5301. 
 
 SEC. 390. SALARY OF OFFICERS, WHEN SUBJECT. "All cor- 
 porations in this' State, except municipal corporations, shall be 
 liable to garnishment for the salaries of their officers, in all 
 cases where such salary exceeds the sum of five hundred dollars 
 per annum." Code, 5302. 
 
 SEC. 391. .WHEN LEGATEES, ETC., ARE SUBJECT TO GAR- 
 NISHMENT. "As a general rule, the interest of a legatee or 
 distributee is not the subject of garnishment issued against an 
 executor or administrator; but if the legacy has been assented 
 to by the executor, and such legacy is not defeated by debts 
 against the estate, and when there has been a final settlement by 
 the administrator, and there remains in his hands a fixed bal- 
 ance, such legacy or the interest of the distributee or heir may 
 be reached by process of garnishment at the instance of a creditor 
 of such legatee, distributee, or heir at law, as the case may be." 
 Code, 5303. 
 
 SEC. 392. EXECUTORS, ETC., MAY BE GARNISHED, WHEN. 
 "In every case a garnishment may be issued against an executor 
 or administrator for a legacy or distributive share, or for any 
 debt or demand owing by said estate to any other person, if the 
 creditor will swear in* addition to the oath required in ordi- 
 nary cases that his debtor resides without the State, or is 
 insolvent. In such cases the executor or administrator shall not
 
 154 GARNISHMENTS 
 
 be compelled to answer the garnishment until the estate in his' 
 hands is sufficiently administered to enable him safely to answer 
 the same." Code, 5304. 
 
 SEC. 393. AFFIDAVIT FOB GARNISHMENT. 
 Georgia, County. 
 
 Before me, . . , J. P., in and for the 
 
 District, G. M., of County, personally came 
 
 John Doe, the affiant, who, being duly sworn, on oath says that 
 
 Richard Roe is indebted to him in the sum of 
 
 ($ ) dollars for principal debt, 
 
 ($ ) dollars for interest to judgment, 
 
 ($ ) dollars, attorney's fees, and 
 
 dollars and cents for costs of suit, in favor 
 
 of affiant against said Richard Roe, on a judgment obtained in 
 
 the Justice Court of the District, G. M-., of 
 
 County, at the term, 19 , 
 
 before , J. P., and affiant apprehends 
 
 the loss of said amounts or some part thereof unless process of 
 garnishment do issue. 
 
 JOHN DOE. 
 Sworn to and subscribed before me this 
 
 the day of ,19 - 
 
 , J- P. 
 
 SEC. 394. GARNISHMENT BOND. 
 Georgia, County. 
 
 Know all men by these presents that we, John Doe, as prin- 
 cipal, and John Smith, as security, are bound jointly and sev- 
 erally unto Richard Roe, in the just and full sum of 
 
 ($ ) dollars, subject to the conditions hereinafter 
 
 stated : Signed with our hands and sealed with our seals, this 
 
 the day of ,19 The condition 
 
 of the above obligation is as follows : 
 
 John Doe has this day made affidavit before , 
 
 J. P., that Richard Roe is indebted to him in the sum of 
 
 ($ ) dollars, for principal, interest, 
 
 cost and attorney's fees, upon a certain judgment obtained by 
 John Doe against Richard Roe in the Justice Court of the 
 
 District, G. M., of said county, at the 
 
 term, 19. . . ., wherein John Doe was plaintiff and Richard Roe 
 was defendant, and said affidavit being made for the purpose 
 of obtaining the process of garnishment.
 
 GARNISHMENTS 155 
 
 Now, should the said John Doe pay said Richard Roe all 
 costs and damages that he may sustain in consequence of suing 
 out said garnishment, should it appear that the amount sworn 
 to be due on said judgment was it not in fact due, or should it 
 appear that the property or money sought to be garnished was 
 not subject to process of garnishment, then this 1 bond to be void, 
 otherwise of full force and effect. 
 
 JOHN DOE (Principal) (L. S.) 
 JOHN SMITH (Security) (L. S.) 
 Executed in the presence of and approved 
 by me: 
 ' 
 
 ..... ...................... -, - . 
 
 SEC. 395. AFFIDAVIT FOE GARNISHMENT IN SUIT PENDING. 
 Georgia, ............... County. 
 
 Before me, ..................... , J. P., in and for the 
 
 .......... District, G. M., of said County, personally came 
 
 John Doe, the affiant, who, being duly sworn, on oath says he 
 has now pending in the Justice Court of the ......... District, 
 
 G. M., of said County a certain suit against Richard Roe, re- 
 turnable to the ............ term, 19. . . ., the same being a 
 
 s'uit upon a note for ................. ($ ........ ) dollars, 
 
 principal debt, dated .................... , 19 . . . . , and due 
 
 ...................... . . , 19 . . . . , with interest from date 
 
 at ............ per cent, per annum-, with a provision therein 
 
 for the collection of ......... per cent, attorney's fees in the 
 
 event said note is placed in the hands of an attorney for collec- 
 tion or by suit, and said amounts are due in said suit, and affiant 
 apprehends the loss of the said sum or some part thereof unless' 
 process of garnishment do issue. 
 
 JOHN DOE. 
 
 Sworn to and subscribed before me, this 
 the ...... -day of ............. , 19 ____ 
 
 ............................. ,J.P. 
 
 SEC. 396. BOND. 
 
 Georgia, .............. County. 
 
 Know all men by these presents, that we, John Doe, as prin- 
 cipal, and John Smith, as' security, are held and firmly bound 
 jointly and severally unto Richard Roe in the just and full sum 
 of ................ ($ ........ ) dollars, subject to the con- 
 
 ditions hereinafter stated. Signed with our hands and sealed 
 with our seals, this the ...... day of. . , .......... . , 19 ..... 
 
 The conditions of the above obligation are as follows:
 
 156 GARNISHMENTS 
 
 Whereas, John Doe has on this day made before , 
 
 J. P., in and for the District, G. M., of s'aid county, 
 
 an affidavit to obtain the process of garnishment in a certain 
 suit he has pending before said Justice of the Peace in said 
 district, wherein he claims that said Richard Roe is indebted to 
 
 him in said suit in the sum of dollars ($ ) 
 
 and cents, for principal, interest and attorney's' fees, 
 
 said suit being returnable to the , term, 19. . . ., 
 
 of said Justice Court. 
 
 Now should the said John Doe pay said Richard Roe all 
 costs and damages that he may sustain in consequence of suing 
 out said process of garnishment, in the event that he shall fail 
 to recover in said suit or it should appear that the property or 
 money sought to be garnished was not subject to process of 
 garnishment, then this bond to be void, otherwise of full force 
 and effect. 
 
 JOHN DOE (Principal) (L. S.) 
 JOHN SMITH (Security) (L. S.) 
 Signed in the presence of and attested 
 by me: 
 
 , J. P. 
 
 (NOTE: It will be noted from the statute that the amount of the bond 
 shall not be less than double the amount sworn to be due. The bond 
 should be at least double the amount sworn to be due and may be more.) 
 
 SEC. 397. SUMMONS OF GARNISHMENT. 
 
 -r^i . ,.. 1 Suit on note in Justice Court of 
 JOHN DOE. Plaintiff, ,, TV , , r\ -\/r f 
 
 I the District. G. M., of 
 
 VQ r 
 
 RICHARD ROE, Defendant ^' rp 
 
 J J . Jr., lerm, 19 .... 
 
 Georgia, County. 
 
 To John Jones, a Resident of said District, Garnishee: 
 
 You are hereby required to be and appear at the Justice 
 
 Court of the District, G. M., of said County, at the 
 
 usual place of holding said Court at the Court-house in said 
 
 district on the day of , 19 . . . . , at ten 
 
 o'clock, A. M., to answer on oath what you are indebted to said 
 Richard Roe, the defendant, or what property and effects you 
 have received or gotten possession of belonging to the said de- 
 fendant between the time of the service of this summons and 
 
 the time of making this your answer. This the day 
 
 of ,19 
 
 J.P.
 
 GARNISHMENTS 157 
 
 SEC. 398. RETURN OF SERVICE. 
 Georgia, County. 
 
 Have this day served John Jones, garnishee, personally with 
 
 a summons of garnishment returnable to the term 
 
 of the Justice Court of the District, G. M., of 
 
 County. This the day of , 19 
 
 L. 0. 
 SEC. 399. BOND TO DISSOLVE GARNISHMENT. 
 
 Georgia, County. 
 
 Know all men that we, Richard Roe, as principal, and Peter 
 Jones 1 , as security, are held and firmly bound unto John Doe 
 in this obligation to pay to him whatever judgment may be 
 rendered against John Jones, garnishee, in a certain garnish- 
 ment proceeding in the case of John Doe vs. Richard Roe, 
 
 pending in the Justice Court of the District, G. M., 
 
 of said county, which suit was returnable to the 
 
 term, 19. . . ., of said court, the said John Doe having sworn 
 in said affidavit to secure said garnishment that Richard Roe 
 
 was 1 indebted to him in said suit in the sum of 
 
 ($ ) dollars and cents, and John Jones 
 
 having been served as garnishee in said case, which, if said 
 principal shall do, this bond to be void, otherwise of full force 
 
 and effect. Witness our hands and seals, this day 
 
 of ,19 
 
 RICHARD ROE, (Principal) (L. S.) 
 PETER JONES, (Security) (L. S.) 
 Executed in the presence of and approved 
 by me: 
 
 SEC. 400. NOTICE OF DISSOLUTION OF GARNISHMENT. 
 JOHN DOE 
 
 vs. Suit on note in the District, G. M., 
 
 RICHARD ROE of County, Term, 19 ... 
 
 AND JOHN JONES, Garnishment. 
 Garnishee. , 
 
 Georgia, County. 
 
 To John Jones, Garnishee: 
 
 You are hereby notified that the garnishment sworn out in 
 the above named and stated ease by John Doe, as plaintiff, and
 
 158 GARNISHMENTS 
 
 in which you have been served as garnishee, has been dissolved 
 by the said Richard Roe by giving bond as provided by law, 
 and the fund or property sought to be garnished is hereby re- 
 leased subject to the order of Richard Roe, and you are relieved 
 from any further liability except you are required to make your 
 answer. This , 19 .... 
 
 J. P. 
 
 SEC. 401. GARNISHEE MUST ANSWER, WHEN. "When a 
 process of garnishment is issued out, returnable to any justice's 
 court and served upon the garnishee, it shall be the duty of the 
 garnishee to answer at the term to which the garnishment is 
 made returnable. And in case of failure so to answer, the 
 justice of the peace shall enter a default against the garnishee, 
 and. shall enter up judgment in favor of the plaintiff against 
 the garnishee, for such an amount as may have been obtained 
 by judgment against the defendant, or for such amount as may 
 thereafter be recovered in the pending- suit. After judgment 
 obtained, and when the garnishee appears and answers that he 
 is indebted to or has effects in his hands belonging to the de- 
 fendant, the court shall proceed as prescribed in section 5098 
 of this Code." Code, 4753. 
 
 SEC. 402. ANSWER OF GARNISHEE. 
 
 JOHN DOE 
 
 vs. 
 
 RICHARD ROE 
 
 and 
 JOHN JONES, Garnishee. 
 
 Suit on note in the Justice Court 
 
 of the District, G. M., 
 
 of said County, Term, 
 
 19 
 
 Garnishment. 
 
 Georgia, County. 
 
 Before me, , J. P., in and for the 
 
 District, G. M., of said County, personally came 
 
 John Jones, who, being duly sworn, on oath says that he was 
 served with summons of garnishment in the above named and 
 
 stated case on , 19 . . . . , and ordered to 
 
 answer therein at this term of Court. Affiant says that at the 
 time of this service of said summons of garnishment he was 
 not indebted to said Richard Roe, defendant, and has' not become 
 indebted to him since the service of said summons up to the 
 time of this answer, and that at the time of said servjce of 
 summons of garnishment this defendant had not in his posses- 
 sion or control any property, money or effects' of the said Richard
 
 GARNISHMENTS 159 
 
 Roe, nor has any come into his possession since the service of 
 said summons of garnishment up to the time of this 1 answer. 
 
 This garnishee asks a reasonable sum, to wit, the sum of 
 
 dollars for the cost of making this answer. 
 
 JOHN JONES. 
 Sworn to and subscribed before me, this 
 
 the day of , 19 
 
 , J..P. 
 
 SEC. 403. ANSWER WHERE DAILY, WEEKLY OR MONTHLY 
 WAGES ARE GARNISHED. 
 
 JOHN DOE ] a ., . ,, TV , . , 
 
 Suit on note in the District, 
 
 TTQ 
 
 G. M., of said County, 
 
 RICHARD ROE 
 
 Term, 19 
 
 -, . , Garnishment. 
 
 JOHN JONES, Garnishee. . 
 
 Georgia, ............ County. 
 
 Before me, ..................... , J. P., in and for the 
 
 ............ District, G. M., of said County, personally came 
 
 John Jones, who, being duly sworn, on oath says' that in answer 
 to the summons of garnishment served upon him on the ...... 
 
 day of ................ , 19 . . . . , in the above named and 
 
 stated case, that at the time of the service of said summons of 
 garnishment he was indebted to Richard Roe in the sum of 
 ................... dollars for wages for his services as a 
 
 laborer for ........... days during the month of .......... , 
 
 19. . . ., at ............. dollars per day, and that since the 
 
 service of said summons up to the time of this answer he has 
 not become further indebted to the said Richard Roe, and that 
 at the time of the service of said summons of garnishment this 
 affiant had no property, or effects of the said Richard Roe in 
 his possession or control, and since said time up to the time of 
 this answer no property or effects has come into his hands 1 as 
 the property of the said Richard Roe. 
 
 JOHN JONES, Garnishee. 
 Sworn to and subscribed before me, this 
 the ...... day of ............. , 19 ____ 
 
 ............................ , - . 
 
 SEC. 404. EXPENSE OF ANSWERING AS PART OF COSTS. "If 
 a garnishee truly answers that he owes the defendant nothing, 
 and if he had incurred any expenses in making such answer, the 
 amount so incurred shall be taxed in the bill of costs under the
 
 160 GARNISHMENTS 
 
 approval of the court, and shall be paid by the party cast in the 
 suit, as other costs are now paid. A judgment is necessary to 
 approve it ; and where, in such a case, the expenses of answering 
 were fully proved, and no contesting testimony was offered, a 
 judgment for the amount s'o proved was proper. 53 Ga., 28; 
 Code, 3549." 74/401. 
 
 "While the Code, 3549, provides for taxing the plaintiff in 
 garnishment with the expense incurred by the garnishee in 
 'making' a true answer to the garnishment, it authorizes no 
 allowance for counsel fees incurred for. the purpose of upholding 
 the answer against a traverse of the same, though the finding 
 of the jury be against the traverse and in favor of the answer. 
 The expense of litigating the truth of an answer is' not com- 
 prehended in the expense of making it, but is additional thereto." 
 82/556 (9 S. E. 282). 
 
 A. sues B. in a justice court and garnishees C. ; C. answers 
 and denies the indebtedness ; has the right to a judgment against 
 the party cast in the suit as against A. and B., as to the expense 
 of making his answer. Or if C. answers, admitting the indebt- 
 edness or that he has property or effects in hands belonging to 
 B. and turns the same over to the court, in this case he would 
 be entitled to the expenses of making his answer as against the 
 party cast in the suit. If under such circumstances, C. answers, 
 admitting the indebtedness or that he has property or effects 
 in his hands or such has come into his hands' since the summons 
 of garnishment, but he neither pays the money into court nor 
 turns the property over to the court, in such case he would not 
 be entitled to the expense of making his answer. This is the 
 rule that is deduced from the Code and decisions in the matter. 
 Of course the amount of such expenses must be determined 
 and approved by the court. 
 
 SEC. 405. TEAVEKSE OF ANSWER OF GARNISHEE. 
 
 JOHN DOE, Plaintiff 1 . . , T\S_A_S_I 
 
 Ibuit on note in the District, 
 
 G. M., of County, 
 
 vs. 
 
 RICHARD ROE, Defendant 
 
 Term, 19 
 
 Garnishment. 
 JOHN JONES, Garnishee. 
 
 Georgia, County. 
 
 Now on this the day of , 19. . . ., 
 
 comes John Doe, plaintiff in the above named and stated case, 
 and traverses the answer filed this day by John Jones, garnishee 
 in said case, and says' that the said answer is riot true, and
 
 GARNISHMENTS 161 
 
 plaintiff files this traverse and prays that the same may be tried 
 
 and determined by the court. This the day of 
 
 , 19.. 
 
 Attorney for Plaintiff. 
 
 "A traverse of a garnishee's answer is sufficient if it merely 
 denies the truth of the answer. The traverse may be amplified 
 at the option of the plaintiff, but nothing more is necessary to 
 bring in question the liability of the garnishee to a garnishing 
 creditor than an unqualified, though general, denial of the truth 
 of the garnishee's answer." 3 App.. 101 (59 S. E. 440). See 
 also 21/240. 
 
 SEC. 406. NOTICE OF TRAVERSE TO GARNISHEE. 
 
 JOHN DOE, Plaintiff 1 ., . . ._. , . , 
 
 buit on note in the District, 
 
 G. M., of County, 
 
 Term, 19 
 
 Garnishment. 
 
 vs. 
 RICHARD ROE, Defendant 
 
 and 
 JOHN JONES, Garnishee. 
 
 Georgia, County. 
 
 To John Jones, Garnishee: 
 
 You are hereby notified that your answer as garnishee in the 
 above named and stated case filed in the said Justice Court on 
 
 the day of , 19 . . . . , has been 
 
 traversed by the plaintiff, and said traverse alleges that the 
 answer you made in said case was not true. This traverse will 
 stand for trial in said court after five days from the service of 
 
 this notice at the present or next term. This the day 
 
 of , 19 
 
 JOHN DOE, Plaintiff. 
 
 SEC. 407. JUDGMENT ON ANSWER OF GARNISHEE. 
 
 JOHN DOE, Plaintiff 
 
 vs. 
 
 RICHARD ROE, Defendant 
 
 and 
 JOHN JONES, Garnishee. 
 
 Suit on note in the Justice Court 
 
 of the District, G. M., 
 
 . County, Term, 
 
 19. 
 
 Garnishment. 
 
 In the above named and stated case John Jones, the garnishee 
 therein, having answered that at the time of the summons of 
 
 said service of garnishment on the day of , 
 
 19. . . ., he was indebted to the defendant, Richard Roe, in the 
 sum of ($ ) dollars for
 
 162 GARNISHMENTS 
 
 days service of the said Richard Roe, during the month of 
 
 , 19 . . . . , at dollars per 
 
 day, and that he has not received or gotten possession of any 
 property or effects of the said Richard Roe in his possession 
 or control, and that since the service of said summons of gar- 
 nishment he has not become indebted to the said Richard Roe, 
 and that no property or effects of the said Richard Roe has 
 come into his hands or possession since the service of said sum- 
 mons of garnishment, and that it appearing that John Doe has 
 recovered judgment at this term against Richard Roe upon the 
 
 note sued upon for the sum of ($ ) 
 
 dollars, principal debt, and ($ ) dollars 
 
 for interest to judgment, and ($ ) 
 
 dollars for attorney's fees, it is considered, ordered and ad- 
 judged that the plaintiff, John Doe, do recover of defendant, 
 
 John Jones, the sum of ($ ) dollars 
 
 and cents, the amount liable to garnishment on 
 
 said answer with interest thereon at seven (7) per cent, per 
 
 annum from this date, and the further sum of 
 
 dollars and cents, costs of garnishment. 
 
 This , 19 
 
 J. P. 
 -OR 
 
 JOHN DOE, Plaintiff 
 
 vs. 
 
 RICHARD ROE, Defendant 
 and 
 
 Suit on note in the Justice Court 
 
 of the District, G. M., 
 
 of County, Georgia, 
 
 ,Term, 19 
 
 JOHN JONES, Garnishee. J Garnishment. 
 
 In the above named and stated case, the garnishee, John 
 Jones, having answered that at the time of the service of said 
 
 summons of garnishment on , 19. . . ., he 
 
 was indebted to the defendant, Richard Roe, in the sum of 
 
 ($ ) dollars, and that he has 
 
 not become further indebted since the service of said summons 
 of garnishment, and that he did not and has not received any 
 property or effects of the said Richard. Roe at any time hereto- 
 fore in his possession, and the said John Jones having further 
 paid said money into court along with said answer, it is con- 
 sidered, ordered and adjudged that the said John Jones be 
 discharged as garnishee in said case and that he have judgment
 
 SALES BY CONSTABLES 163 
 
 for the sum of $ for expenses for making his answer, 
 
 to be paid by Richard Roe, the party cast in said suit. 
 
 J. P. 
 
 SEC. 408. JUDGMENT OF DISCHARGE OF GARNISHEE. 
 JOHN DOE, Plaintiff 
 
 vs. 
 RICHARD ROE, Defendant 
 
 and 
 JOHN JONES, Garnishee. 
 
 Suit on note in the Justice Court 
 
 of the District, G. M., 
 
 of County, Georgia, 
 
 ,Term, 19 
 
 Garnishment. 
 
 In the above named and stated case, John Jones having filed 
 his answer, wherein he denies any indebtedness to Richard Roe 
 or that any property or effects was or has been in his possession 
 since the service of said summons of garnishment up to the time 
 of the making of the answer, and said answer not having been 
 traversed, it is considered, ordered and adjudged that the said 
 John Jones be, and he is, hereby discharged as garnishee, and 
 it is further ordered that the said John Jones recover for the use 
 
 of the officers of the court against John Doe, 
 
 dollars and cents, costs of said garnishment, and also 
 
 the further sum of $ for his expenses of making said 
 
 answer. This the day of , 19 . ... 
 
 'j.'p.' 
 
 CHAPTER XVI 
 SALES BY CONSTABLES. 
 (See Part II, pages 367-373.) 
 
 SECTION 409. EXECUTIONS, LEVIES, AND SALES. "In all 
 cases when no appeal lies or none is entered, a justice of the 
 peace, or commissioned notary public, shall issue execution after 
 the expiration of four days (Sundays excepted), and the levy 
 shall be advertised ten days, in case of personal property, before 
 the day of sale, which advertisement shall designate the time and 
 place of sale, and shall give a reasonable description of the prop- 
 erty to be sold, and shall be posted in three public places' in the 
 county, and the sale shall be at the place of holding justice's 
 court in his district, and between the hours of ten o'clock a. m.
 
 164 SALES BY CONSTABLES 
 
 and four o'clock p. m. In case the levy is upon real estate, it 
 shall be turned over to the sheriff of the county and disposed of 
 as now directed by law." Code, 4765. 
 
 SEC. 410. TIME AND PLACE OF CONSTABLES' SALES. "Con- 
 stables and bailiffs in the State shall be required to sell the prop- 
 erty of defendants in execution on the regular monthly court 
 days of their respective districts at the place of holding such 
 courts, after advertising the s'aid property for ten days prior to 
 such sale, and any other sales on any other days shall be abso- 
 lutely null and void, and vest no tile to the property in the 
 purchaser: Provided, nevertheless, that the provisions of this 
 section shall not be construed so as to prevent the sale of prop- 
 erty ordered to be sold by the justice of the peace, as live stock 
 or perishable property, and likely to deteriorate in value ; such 
 sales, when made, shall be valid and binding." Code, 4766. 
 
 SEC. 411. LAND MAY BE LEVIED ON, WHEN. "No constable 
 shall levy on any land unless there is no personal property to 
 be found sufficient to satisfy the debt, which fact must appear 
 by an entry on the execution to be levied by a constable of the 
 county where such execution was issued, or where the property 
 to be levied upon may be found : Provided, that the defendant 
 shall have the right in all cases to point out any portion of his 
 property in his possession he may think proper ; and should he 
 point out land to be levied upon, the above entry of 'no personal 
 property' may be omitted." Code, 4767. 
 
 SEC. 412. BANK AND OTHER STOCK, How LEVIED UPON. 
 "When any constable shall have any execution placed in his 1 
 hands against any person who is the owner of any shares or 
 stock in any bank, or other corporation, or joint-stock company 
 in this State, he shall, on the application of the plaintiff, his 
 agent, or attorney, indorse a levy on said execution of the num- 
 ber of shares belonging to the defendant, and make a return of 
 the same to the sheriff of the county in which he lives', which 
 said sheriff shall proceed to advertise and sell the same as re- 
 quired by law. When the constable levies an execution in which 
 the sheriff is a party, or in which he is interested, he may pro- 
 ceed to sell the property as a sheriff is authorized to do." Code, 
 4768. 
 
 SEC. 413. FORM OF EXECUTION FROM JUSTICE COURT. 
 
 Georgia, County. 
 
 To any Lawful Constable of said County: 
 
 You are hereby commanded of the goods and chattels, lands
 
 SALES BY CONSTABLES 165 
 
 and tenements of Richard Roe, you cause to be made, by levy 
 
 and sale thereof, the sum of ( $ ) 
 
 dollars for principal debt, . . . . dollars and 
 
 cents, for interest to judgment, with interest upon the principal 
 
 sum at per cent, per annum, from , 
 
 19...., and dollars and cents for 
 
 costs of suit, and thirty-five (35c) cents for this' writ, together 
 with all future costs, which John Doe recovered before me 
 
 against Richard Roe on the day of 19. . . . , 
 
 in and at the Justice Court of the District, G. M., of 
 
 County, and have you the said several sums of 
 
 money at the next Justice Court to be held in and for said dis- 
 trict, to render to the said John Doe, and have you then and 
 
 there this writ. Given under my hand and seal, this' the 
 
 day of ,19 
 
 j. P. 
 
 SEC. 414. LEVY. 
 Georgia, County. 
 
 I have this day levied the within fi. fa. upon one certain bay 
 horse about eight years old, named Ben, of medium size, as the 
 property of the defendant, Richard Roe, and the same being in 
 his possession at the time of the levy. This , 19. ... 
 
 L. C. 
 
 SEC. 415. ADVERTISEMENT. 
 
 Georgia, County. 
 
 Will be sold on the regular monthly court day of the Justice 
 
 Court of the District, G. M'., of said County, the 
 
 same being on the day of , 19 . . . . , at the 
 
 place of holding said court, between the hours of 10 A. M. and 
 4 P. M., one certain bay horse, about eight years old, of medium 
 size, named Ben, said property being levied upon as the property 
 of Richard Roe, the defendant, by virtue of an execution issued 
 
 from the Justice Court of the District, G. M., of said 
 
 County, in favor of John Doe against Richard Roe, defendant. 
 
 This the day of 19 
 
 ..'. , L. C. 
 
 SEC. 416. FORTHCOMING BOND. 
 Georgia, County. 
 
 Know all men by these presents that we, Richard Roe, as 1 
 principal, and John Smith, as security, are held jointly and
 
 166 SALES BY CONSTABLES 
 
 severally bound unto , L. C., in the 
 
 just and full sum of one hundred ($100.00) dollars, subject to 
 the condition hereinafter stated. Signed with our hands and 
 
 sealed with our seals, this the day of , 19. ... 
 
 The condition of the above obligation is as follows : , 
 
 L. C. of s'aid County, has this day levied a certain fi. fa. issued 
 
 from the Justice Court of the District, G. M., of said 
 
 County, at the term, 19. . . ., in favor of John 
 
 Doe against Richard Roe upon one certain bay horse, of medium 
 size, about eight years old, named Ben. 
 
 Now, if the said Richard Roe, or any one for him, shall have 
 and produce said horse at the time and place of sale, and then 
 
 and there deliver him over to the said , L. C., 
 
 then this bond to be void, otherwise of force. 
 
 RICHARD ROE, Principal (L. S.) 
 JOHN SMITH, Security (L. S.) 
 Attested and approved by me : 
 , L. C.
 
 PART II. 
 
 Civil Forms.
 
 PART II 
 CIVIL FORMS 
 
 (NOTE: The use of the mark designates sections, of the Code of 
 1910. Where P. C. is also used the Penal Code is meant. These refer- 
 ences are equally applicable to Park's Annotated Code of Georgia, 1914, 
 as the section numbers therein are the same as those in the Code of 
 1910, except where new matter was inserted.) 
 
 ABATEMENT OF ACTIONS. 
 
 PLEAS IN ABATEMENT. 4331-4338, 5678. 
 
 JOHN DOE ^ 
 vs. > 
 
 RICHARD ROE ) 
 
 And now comes the defendant and prays judgment of the 
 said petition, because he says 
 
 1. That at the time of the filing of this suit the said plaintiff 
 was prosecuting, and is still prosecuting, an action in the Supe- 
 rior Court of county for the same claim and cause of 
 
 action, and between the same parties. 
 
 2. That the defendant in this action was duly served in the 
 former action, and the same is now pending in said court undis- 
 posed of. 
 
 3. That the allegations in the petition still pending in Supe- 
 rior Court as aforesaid refer to and describe substantially the 
 same facts, and count upon the same claim and cause of action, 
 as sued upon in the present action. 
 
 4. That the allegations' of said former suit substantially set 
 forth a good cause of action against this defendant, which will 
 authorize a recovery against him, if the plaintiff therein shall 
 make out his case.
 
 170 ABATEMENT OF ACTIONS 
 
 5. That the said Superior Court of county, in which 
 
 said former action was brought, has jurisdiction of the case 
 heretofore filed therein by said plaintiff against said defendant, 
 under the allegations of the declaration in said case. 
 
 And this the defendant is ready to verify. Wherefore he 
 prays judgment of the said petition and that the same may be 
 quashed. * 
 
 Defendant's Attorney. 
 
 [NOTE; The above form can be readily adapted by the pleader to the 
 cases in which a plea of abatement is proper, such as former recovery, 
 misjoinder, or nonjoinder, pleas to the jurisdiction, pleas denying ex- 
 istence of partnership, objection to want of process, premature bringing 
 of suit, suits by informers, etc.] 
 
 Allegations in paragraph 5 of the above form were upheld in 115/171 
 (1) (41 S. E. 699). Plea in abatement is dilatory plea; must be 
 filed at first term and must be sworn to. 120/530 (48 S. E. 128). 
 See 4727, 5641. Error to strike plea at hearing in vacation before 
 return term. 145/111 (88 S. E. 584). 
 
 Lis PENDENS. 4431, 5 GTS. 
 
 (State the case.) 
 
 And now comes the defendant in the above stated case, and 
 for plea says : 
 
 1. That on the day of , 19. . . ., plaintiff 
 
 filed his petition returnable to the term, 19. . . ., of 
 
 court, in said State, said court having jurisdiction 
 
 of the person and subject matter thereof. 
 
 2. That the action in the last court aforesaid is between the 
 same parties, and for the same cause of action as that alleged in 
 the present petition, and is still pending therein, undetermined. 
 
 Wherefore, the defendant says that the plaintiff has no right 
 to maintain or pros'ecute the present action, and says that the 
 same should abate, and that the same be dismissed at plaintiff's 
 cost. 
 
 And this the defendant is ready to verify. 
 
 Defendant's Attorney.
 
 ACCORD AND SATISFACTION, AND RELEASE 171 
 
 ACCORD AND SATISFACTION, AND RELEASE. 
 
 4326-4330. 
 
 PLEA OF ACCORD AND SATISFACTION. 
 
 1 Complaint on note. 
 
 vs. > In Superior Court, 
 
 J Term, 19 
 
 Comes now the defendant in the above named and stated case, 
 and for plea says' : 
 
 That previous to the filing of this suit plaintiff and defendant 
 entered into an agreement to this effect : The note sued on was 
 given for the purchase price of a certain pair of mules ; that on 
 
 the day of , 19. . . ., the plaintiff agreed to 
 
 take back said pair of mules at the price of four hundred 
 ($400.00) dollars, upon the condition that the defendant would 
 pay him in addition thereto, the sum of one hundred ($100.00) 
 dollars in cash, which amount the defendant paid to the said 
 
 plaintiff on said day of , 19. . . ., and 
 
 returned said pair of mules, and in this 1 way said note sued on 
 was fully settled and extinguished. 
 
 All of which defendant stands ready to show and verify, and 
 prays to be dismissed hence with his reasonable cost. 
 
 Defendant's Attorney. 
 
 Or And now comes the defendant and for [further] plea in 
 this behalf says' that-the claim and cause of action alleged in the 
 petition has been fully settled and extinguished, for that the 
 
 plaintiff and the defendant, on the day of , 
 
 19. . . ., entered in an agreement subsequent to the agreement 
 sued on, the intention and effect of which was to satisfy the 
 former one, the plaintiff agreeing to accept the same in dis- 
 charge and satisfaction, and the latter agreement has been ex- 
 ecuted. A copy of said subsequent agreement is hereto attached. 
 
 And this the defendant is ready to verify, wherefore he prays 
 judgment, if the said plaintiff ought to have or maintain his 
 aforesaid action thereof against him. 
 
 Or For that the defendant on the day of , 
 
 19...., made and executed a new promise to the plaintiff,
 
 172 ACCORD AND SATISFACTION, AND RELEASE. 
 
 founded new consideration, to wit: (State what the considera- 
 tion was), a copy of which is hereto attached. 
 
 PLEA OF RELEASE. 
 
 JOHN DOE 1 o , j? 
 
 Suit for Damages. 
 vs. L-r c 
 
 , In Superior Court, 
 
 N ORTHWESTERN RAILROAD rp 
 
 I lerm, 19. ... 
 
 COMPANY J 
 
 Now comes the defendant in the above named and stated case, 
 and for plea and ans*wer says: 
 
 That on the day of , 19 . . . . , previous 
 
 to the filing of the present suit, the plaintiff entered into an 
 agreement, in writing, with the defendant, through its proper 
 officer and agent, a copy of which agreement is hereto attached, 
 whereby the plaintiff released the defendant from any and all 
 liability and damages for the alleged injuries sued for, upon 
 the condition and consideration that defendant should pay to 
 
 him the sum of dollars; and that in pursuance 
 
 of said agreement, the defendant paid said amount to plaintiff, 
 and thereby the said cause of action sued on has 1 been fully 
 settled and extinguished. And this defendant sets up this 
 agreement as against the plaintiff's suit, and prays to be dis- 
 missed hence with his reasonable cost. 
 
 Defendant's Attorney. 
 
 (NOTE: Under our procedure the petition of the plaintiff must be 
 answered, and it is usual to file a plea of this kind at the end of it; in 
 such cases the plea can be marked as a numbered paragraph, and begun 
 with: "And for further plea and answer, defendant says.") 
 
 Consideration. Plea not averring that plaintiffs obtained any advantage, 
 or that defendant gave any new consideration or additional security 
 or executed the agreement by paying the amount agreed upon, was 
 insufficient. 81/808 (10 S. E. 390). 
 
 "Estopped" not used in one place in plea here did not make plea in- 
 sufficient. 74/717. 
 
 Facts in plea may be sufficient to set up accord and satisfaction, though, 
 technically, plea would not be called one of accord and satisfaction. 
 35/216, 218; 74/717.
 
 ACCOUNTS 173 
 
 Terms. Plea which does not set up either the terms of the settlement 
 or its agreed result as to discharge or satisfaction sets forth no 
 defense. 94/649 (3) (21 S. E. 901). Plea must allege facts sufficient 
 to put plaintiff upon notice of the exact terms of the agreement, 
 and when and with whom it was entered into. 108/211 (33 S. E. 
 857) ; 131/237 (62 S. E. 81). Unless plea sets out time and parties, 
 and terms of settlement, so that it can be readily understood, it 
 ought to be stricken on demurrer. 137/250 (73 S. E. 400). 
 
 Uncertainty of plea here made it impossible to say whether pleader 
 meant to plead accord and satisfaction. 80/534 (7 S. E'. 84). 
 
 ACCOUNTS. 
 
 SUMMONS IN SUIT ON ACCOUNT IN JUSTICE COURT. 
 
 Georgia, County. 
 
 JOHN DOE ) . 
 
 J In the Justice Court of the District 
 
 RICHARD ROE CL M., of County. 
 
 To any Lawful Constable of said County: 
 
 The defendant, Richard Roe, of said district and county, is 
 hereby commanded to be and appear at the next term of the 
 Justice Court to be held in and for said district, at the usual 
 place of holding said court at the court-house in the city of 
 
 , on the day of , 19 . . . . , 
 
 at ten o'clock, A. M., to ans"wer the complaint of John Doe in 
 
 an action upon an account for dollars, 
 
 a copy of which said account is hereto attached. Herein fail 
 not. - 
 
 Witness my hand and official signature, this the day 
 
 of ,19 
 
 J. P.' 
 
 (NOTE: To the above summons attach a copy of the account.) 
 
 AFFIDAVIT FOR PROOF OF ACCOUNT WHICH MUST BE 
 ATTACHED TO THE ACCOUNT. 
 
 Georgia, County. 
 
 In person appeared before the undersigned attesting officer, 
 John Doe, who, being duly sworn, on oath says that the above
 
 174 ACCOUNTS 
 
 and foregoing account against Richard Roe for the sum of 
 
 dollars is just and true as it stands stated, 
 
 and is unpaid. 
 
 JOHN DOE. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 COUNTER AFFIDAVIT. 
 
 (NOTE: If the defendant wishes to defend this suit, he must appear 
 at the court at the time fixed in the summons for his appearance, and 
 have his name marked on the docket, or his counsel, and must also file 
 a counter affidavit, the form of which may be as follows:) 
 
 Georgia, County. 
 
 JOHN DOE ^ - 
 
 I In the Justice Court of the District, 
 
 RICHARD ROE J <>. M., of County. 
 
 ' Personally came before the undersigned attesting officer, 
 Richard Roe, who, being duly sworn, on oath says that he is 
 the defendant in the above named and stated case, and files this 
 his counter affidavit to the account therein sued on, and admits 
 that he is indebted for a portion of the articles sued for, to wit, 
 
 all of the same except the item of dollars, for. ....'., 
 
 and the item of dollars, for , and this de- 
 fendant denies said account as to that portion of the same, 
 
 amounting in the aggregate to dollars. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 .... 
 
 SUMMONS IN SUIT ON NOTE IN JUSTICE COURT. 
 
 Georgia, County. 
 
 JOHN DOE ] ... ^. . 
 
 L feint on note in the District, 
 
 RICHARD ROE J G ' M '> of Comit ^ 
 
 To any Lawful Constable of said County : 
 
 The defendant, Richard Roe, of said district and county, is 
 hereby commanded to be and appear at the usual place of hold-
 
 ACCOUNTS 175 
 
 ing the Justice Court at the court-house in the city of . , 
 
 on the day of , 19. . . ., at ten o'clock, A. M., 
 
 then and there to answer the complaint of John Doe in a suit 
 
 upon a promissory note for dollars and a claim for 
 
 attorney's fees thereon, a copy of which said note and claim is 
 hereto attached. Herein fail not. 
 
 Witness my hand and official signature, this the day 
 
 of.. , 19.. 
 
 J. P. 
 
 COPY OF 
 
 $ ,191... 
 
 On , 19 . . . . , I promise to pay to the order 
 
 of John Doe, dollars, for value received, with 
 
 interest at 8 per cent, per annum, from date. 
 
 And each of us, whether maker, security or endorser on this 
 note, hereby waives and renounces for himself and family, any 
 and all homestead and exemption rights to which he or they 
 may, in any event be entitled under any provisions of the con- 
 stitution or laws, state or federal; and each further waives 
 demand, protest and notice of demand, protest and non-payment. 
 And in case this note has to be collected by suit, or placed in the 
 hands of an attorney for collection, I agree to pay all costs of 
 collection, including ten per cent, attorney's fees. 
 
 Witness my hand and seal. 
 
 KICHAED ROE. (L. S.) 
 
 The plaintiff, John Doe, being the -holder of said note, claims 
 the attorney's fees as expressed therein by reason of the fact 
 
 that on the day of , 19 . . . . , he served the 
 
 defendant, Richard Roe, personally, with a notice in writing 
 that unless said note was paid on or before the return day of 
 
 said Justice Court of the District, G. M., of 
 
 county, that he would so claim said attorney's fees. 
 
 NOTICE TO DEFENDANT TO RECOVER ATTORNEY'S FEES ON 
 
 NOTE. 4252. 
 
 Georgia, County. 
 
 To Richard Roe: 
 
 You are hereby notified that a certain purchase-money note
 
 176 ACCOUNTS 
 
 made by you to me, dated , 19 . . . . , for the sum 
 
 of dollars, with interest from date at 8 per cent., 
 
 and which includes a provision for the payment by you of 
 attorney's fees in the event that said note would be collected by 
 suit or placed in the hands of an attorney for collection, is past 
 due and unpaid, and it is my intention to bring suit thereon in 
 
 the Justice Court of the District, G. M., of 
 
 county, to the term, 19. . . ., of said court on said 
 
 note, and that unless said note is paid on or before the return 
 
 day of -said court, which return day is on the day 
 
 of , 19. . . ., then in such case I will claim the 
 
 attorney's fees as expressed therein. This , 19. ... 
 
 JOHN DOE. 
 
 SUIT ON ACCOUNT IN CITY COURT OK. SUPERIOR COURT. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of John Doe, as plaintiff, against Richard Roe, 
 as defendant, alleges: 
 
 1st. That Richard Roe is a resident of said county. 
 
 2nd. That defendant is indebted to plaintiff in the just and 
 
 full sum of dollars, besides interest, upon an 
 
 account which is now due, a copy of which is hereto attached, 
 marked "Exhibit A," and made a part of this petition. 
 
 3rd. That defendant fails and refuses to pay said sum or 
 any part thereof. 
 
 Wherefore, plaintiff brings suit, and prays that process may 
 issue, requiring defendant to be and appear at the next term 
 of Superior Court, to answer petitioner's complaint. 
 
 Plaintiff's Attorney. 
 
 (To this petition attach a copy of the account. An account in the 
 superior court can not be proved by an affidavit, as in a justice court.) 
 
 COMPLAINT IN THE SUPERIOR COURT OR CITY COURT ON 
 PROMISSORY NOTE PROVIDING FOR ATTORNEY'S FEES. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of John Doe, as' plaintiff, against Richard Roe, 
 as defendant, alleges:
 
 ACCOUNTS 177 
 
 1st. That John Doe is a resident of said county. 
 
 2nd. That on the day of , 19 , the 
 
 defendant made to plaintiff a certain promissory note for the 
 
 sum of dollars, with interest from date at 
 
 per cent, per annum, which said note contained a provision that 
 if said not was collected by suit or placed in the hands of an 
 
 attorney for collection, the defendant would pay per cent. 
 
 attorney's fees, together with s'aid principal and interest, a copy 
 of which said note is hereto attached, and marked "Exhibit A." 
 
 3rd. That on the day of , 19. . . ., plaintiff 
 
 served defendant personally with a notice in writing that it was 
 
 his intention to bring suit on said note to the term, 
 
 19. . . ., of superior court, and that unless the defendant 
 
 paid said note on or before the return day of said court, which 
 
 was on the day of , 19 . . . . , that in such 
 
 event he would claim the attorney's fees as 1 expressed in said 
 note, a copy of which said notice is hereto attached, and marked 
 "Exhibit B," and that the defendant has failed and refused to 
 pay said note or any part thereof. 
 
 Wherefore, plaintiff prays that process may issue requiring 
 the defendant to be and appear at the next term of the superior 
 court of said county to answer your petitioner's complaint. 
 
 Plaintiff's Attorney. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 John Doe, plaintiff in petition hereinbefore set out, and who, 
 being duly sworn, on oath says that the facts stated in said 
 petition are true, to the best of his knowledge and belief. 
 
 JOHN DOE. 
 
 Sworn to and subscribed before me, this 
 the day of , 19. ... 
 
 Clerk, Superior Court. 
 
 "EXHIBIT A." 
 
 $ , 19.... 
 
 , 19 . . . . , I promise to pay to the order 
 
 of , dollars, for value 
 
 received, with interest at per cent, per annum, from date, 
 
 until paid. And each of us, whether maker, security or endorser
 
 178 ACCOUNTS 
 
 on this note, hereby waives and renounces, for himself and 
 family, any and all homestead and exemption rights to which 
 he or they may, in any event be entitled, under any provisions 
 of the constitution or laws, state or federal; and each further 
 waives demand, protest and notice of demand, protest and non- 
 payment. And in case this note has to be collected by stiit, or 
 placed in the hands of an attorney for collection, I agree to pay 
 all costs of collection, including ten per cent, attorney's fees. 
 Witness my hand and seal. 
 
 RICHARD ROE (L. S.) 
 
 (NOTE: It has been the practice where a note is sued upon, with 
 notice given for attorney's fees, to file simply general denial. Where 
 there is no affidavit to the petition, this can be done, and it carries the 
 case over if it is regularly placed on the trial calendar. By making the 
 affidavit as is made to this petition, any answer or plea the defendant 
 makes, must be sworn to. See Code, 5543. 
 
 As to proof of the service of the notice given of intention to sue and 
 proof of the service of the same by manifold copy, see Savannah Bank- 
 ing and Trust Company vs. Purvis, 6 App. 275 (6) (65 S. E. 35), which 
 reads: 
 
 "Where notices are executed in duplicate or otherwise in manifold 
 and one or more of the copies are served while another is retained, the 
 copy so retained is admissible as primary evidence upon an issue as to 
 the service of the notice notwithstanding the production of the copies 
 served has not been called for by a notice to produce or otherwise.") 
 
 MANIFOLD COPY OF NOTICE FOR ATTORNEY'S FEES. 4252. 
 
 "EXHIBIT B." 
 
 Georgia, County. 
 
 To Richard Roe: 
 
 You are hereby notified that I am the holder of the note 
 
 made by you to me on the .... day of , 19 . . . . , 
 
 for the sum of dollars, with interest from date at 
 
 per cent, per annum, wherein there is a provision that 
 
 if said note has to be collected by suit, or placed in the hands' 
 of an attorney for collection, you are obligated to pay a further 
 
 sum of per cent, as attorney's fees, said note being due 
 
 , 19 . . . . , and it is my intention to bring suit on 
 
 said note to the , term, 19. . . ., of superior 
 
 court, and that unless you pay the said note on or before the 
 return day of said tenn of said court, which is on the day
 
 ACCOUNTS 179 
 
 of , 19. . . ., that I will claim in said suit the 
 
 attorney's fees as expressed in said note. This day 
 
 of ,19.... 
 
 JOHN DOE. 
 
 Amendments. All affidavits that are the foundation of legal proceedings, 
 and all counter-affidavits, are amendable. See 5706. Unsworn plea 
 amendable. 112/138 (37 S. E. 104). Contract in writing explana- 
 tory of items of account may be set up by amendment. 125/148 
 (54 S. E. 193) ; 13 App. 25, 26 (78 S. E. 688). When bill of particu- 
 lars is improperly headed, defect is amendable. 15 App. 280 (1) 
 (82 S. E. 918). Amendment showing in detail how goods were sold 
 to defendants was mere elaboration of petition, and was properly 
 allowed. 18 App. 416 (2) (89 S. E'. 491). 
 
 Attorney's fees. Notice of intention to sue, required by 4252 as condi- 
 tion precedent to recovery of attorney's fees, must disclose holder 
 of note in whose behalf payment is demanded. 7 App. 645 (3) (67 
 S. E. 896) ; 14 App. 300 (80 S. E. 723) ; 17 App. 517 (87 S. E. 770). 
 Notice naming term of court preceding term to which suit is re- 
 turnable, not sufficient. 15 App. 133 (82 S. E. 772). Notices were 
 held sufficient in the following cases: 128/414 (57 S. E. 704); 
 141/578 (81 S. E'. 892) ; 13 App. 309 (79 S. E. 165) ; 14 App. 80 (80 
 S. E. 301) ; 17 App. 463 (87 S. E. 701). Where petition alleges that 
 notice has been given, it is unnecessary to attach to petition copy 
 of such notice. 140/603 (3) (79 S. E. 540). Allegation that plain- 
 tiff had caused written notice to be served, together with prayer 
 for recovery of attorney's fees, was sufficient to show that notice 
 based on section 4252 was notice of intention to sue on note and seek 
 to recover attorney's fees according to its terms. 140/653, 654 (4) 
 (79 S. E. 539). Fact that carbon copy of notice served differed in 
 certain immaterial respects from notice actually served did not 
 render such copy objectionable as immaterial and irrelevant. 141/ 
 840 (82 S. E. 246). In absence of demurrer, statement in petition 
 that defendants had been notified of suit in writing ten days before 
 filing same, in connection with allegation that defendants in their 
 note, copy of which was attached to petition, promised to pay 
 attorney's fees, was sufficient basis for recovery of such fees. 13 
 App. 119 (2) (78 S. E. 862). Allegation that in terms of law peti- 
 tioner gave notice of intention to sue, and that defendant failed to 
 pay, was sufficient, in absence of special demurrer, to authorize 
 proof authorizing recovery of attorney's fees. 14 App. 293 (2) 
 (80 S. E. 699). 
 
 Bill of particulars. Superior Court rule 10 (6269) is superseded by 
 the pleading act of 1893 (5628). 144/646 (2) (87 S. E. 915). 
 
 "Cause of action sued on" may be contained in summons itself or copy 
 attached. 118/411 (45 S. E. 306). 
 
 Certainty. Some degree of certainty is required. 17 App. 744 (88 
 S. E. 403). 
 
 Payment. Plea that account was paid by decedent was properly stricken 
 where it failed to allege when and to whom payment was made, 
 and averred that defendant could not make such allegation, because 
 of want of sufficient information, except that decedent paid his 
 board monthly, as was his habit, and that he had ample money to 
 pay his debts. 14 App. 298 (80 S. E. 698).
 
 180 ADMINISTRATORS AND EXECUTORS 
 
 Summons which requires defendant to answer suit upon account is not 
 so defective as to be subject to dismissal merely because it also 
 requires defendant to answer "plaintiff's demand to establish a lien 
 upon real estate." 15 App. 455 (1) (83 S. E'. 896). 
 
 Verified account requires verified plea. 10 App. 278 (73 S. E. 350). See 
 4728. Denial not under oath, as to account sworn to, not defense. 
 14 App. 218 (80 S. E. 680). 
 
 ADMINISTRATORS AND EXECUTORS. 3935-4105. 
 
 I. APPOINTMENT AND QUALIFICATION: LETTERS. 
 II. BONDS. 
 
 III. SALES BY. 
 
 IV. ADMINISTRATION AND DISTRIBUTION OF ESTATES 
 
 PAYMENT OF DEBTS YEAR'S SUPPORT. 
 V. RETURNS, INVENTORY, APPRAISEMENT, ACCOUNT AND 
 
 COMMISSION. 
 
 VI. SUITS, BY OR AGAINST. 
 VII. DISMISSION, RESIGNATION AND REMOVAL. 
 VIII. WILLS. (See title Wills.) 
 
 IX. FOREIGN EXECUTORS AND ADMINISTRATORS. 
 
 I. APPOINTMENT AND QUALIFICATION: 
 LETTERS. 
 
 TEMPORARY ADMINISTRATION. 3935-3938. 
 
 APPLICATION FOR TEMPORARY LETTERS OF ADMINISTRATION. 
 
 3935. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The petition of , a citizen of the United States, 
 
 residing in said State, shows that departed this 
 
 life on or about the day of , 19 . . . . , a resident 
 
 of said county, intestate, leaving an estate of real and personal 
 
 property of the value of dollars; the realty worth 
 
 about dollars ; and the personalty worth about 
 
 dollars; the said estate is unrepresented, and it is
 
 ADMINISTRATORS AND EXECUTORS 181 
 
 necessary for the purpose of collecting and taking care of the 
 effects of said deceased that temporary letters of administration 
 should be granted thereon; that petitioner is' entitled under the 
 law to be appointed administrator because he is a son of de- 
 ceased (or state other ground). 
 
 Wherefore, petitioner prays an order appointing petitioner 
 temporary administrat. . . .on said estate. 
 
 Residing at, 
 
 , ORDER OF APPOINTMENT. 
 
 COURT OF ORDINARY, County. 
 
 At Chambers, , 19 .... 
 
 The petition of for temporary letters of 
 
 administration on the estate of , deceased, 
 
 having been duly filed, and it appearing that said deceased died 
 a resident of said county, intestate; that said applicant is a 
 citizen of this State, and lawfully qualified for said adminis- 
 tration, and that it is necessary that such letters should issue 
 for the purpose of collecting and taking care of the effects of 
 the said deceased until permanent letters are granted ; it is, 
 
 therefore, ordered that the said be, and 
 
 is, hereby appointed temporary administrat. ... on said estate, 
 
 and that letters as such issue to upon 
 
 giving bond and security in the sum of dollars, 
 
 and taking the oath as the law requires. 
 
 , Ordinary. 
 
 OATH OF TEMPORARY ADMINISTRATOR. 
 
 Georgia, County. 
 
 I, , do solemnly swear that I will well and 
 
 truly perform the duties of temporary administrator upon the 
 
 estate of , deceased, to the best of my ability ; 
 
 so help me God. 
 
 Sworn to and subscribed before me this day 
 
 of , 19 
 
 Ordinary.
 
 182 ADMINISTRATORS AND EXECUTORS 
 
 BOND OF TEMPORARY ADMINISTRATOR. 3936. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , 
 
 as principal, and . '. , as security, are held 
 
 and firmly bound unto , the Ordinary of 
 
 said county and his successors in office, in the just and full sum 
 
 of $ , subject to the conditions hereinafter set out, 
 
 and as against this bond and any liability incurred thereunder, 
 each of us for himself and family waives and renounces all 
 rights of homestead and exemption that he may have under or 
 by virtue of the Constitution and laws of this State. 
 
 Signed with our hands and sealed with our seals, this 
 
 day of ,19 
 
 The condition of the above obligation is as follows : 
 
 has this day been appointed temporary administrator upon the 
 
 estate of , late of said county, deceased. Now 
 
 if the said shall collect and take care of the 
 
 effects of the said , deceased, and turn the 
 
 same over to the permanent administrator when one is appointed, 
 and in every way truly and faithfully discharge his duties as 
 such temporary administrator according to law, then in such 
 case this 1 bond to be void, otherwise of full force and effect. 
 
 ....' :....(L. S.) 
 
 Principal. 
 
 ....(L. S.) 
 
 Security. 
 
 Executed in the presence of and approved 
 by: 
 
 Ordinary. 
 
 TEMPORARY LETTERS OF ADMINISTRATION. 
 
 Georgia, County. 
 
 By , Ordinary for said county. 
 
 Whereas , late of said county, deceased, died 
 
 intestate, having whilst lived and at the time of 
 
 death, considerable property within the said State ; and it being
 
 ADMINISTRATORS AND EXECUTORS 183 
 
 right and necessary that the property of the said deceased should 
 be collected and taken care of, until a citation in due form of 
 law can issue, and it be ascertained to whom the right of admin- 
 istration doth appertain. 
 
 I do, therefore, hereby constitute and appoint 
 
 with full power, by the tenor of these presents, to collect and 
 take care of the moneys, goods, chattels and other property of 
 
 the said deceased, and the same safely to keep 
 
 until it can be ascertained to whom the right of administration 
 
 doth belong ; and thereupon the said immediately 
 
 to deliver up the said moneys, goods, chattels and other property 
 to whomsoever the court shall commit the administration of the 
 estate of said deceased, agreeably to law. 
 
 In testimony whereof, I have hereunto affixed my signature 
 
 as ordinary for said county, and seal of office, this day 
 
 of , 19 
 
 , Ordinary. 
 
 ORDER APPOINTING TEMPORARY ADMINISTRATOR PENDING 
 APPEAL ON PROPOUNDED WILL. 3938. 
 
 County Court of Ordinary. 
 
 Term, 19 
 
 The court of ordinary of said county having, at this regular 
 
 term, in the matter of the will of , propounded 
 
 by and caveated by : , refused 
 
 to admit said will to probate; and appeal having been taken 
 
 from the decision of the court to the Superior Court of 
 
 county, and the circumstances of the case requiring a temporary 
 
 administrator on the estate of until such appeal 
 
 is disposed of, and , one of the next of kin and 
 
 a suitable person, having filed his petition praying the court 
 that he be appointed such temporary administrator, it is ordered 
 that he be, and is, hereby vested with such administration, upon 
 
 his giving bond and security in the sum of dollars, 
 
 said to be his security, and that letters temporary 
 
 issue to him, after giving such bond and security, and taking 
 the usual oath. 
 
 , Ordinary.
 
 184 ADMINISTRATORS AND EXECUTORS 
 
 DE BONIS 
 
 APPLICATION FOR ADMINISTRATION DE BONIS NON. 3939. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The petition of , of said State, shows that 
 
 , late a resident of s'aid county, died on the 
 
 day of , 19. . . ., intestate, leaving in said 
 
 State real and personal estate worth dollars ; that 
 
 one was by the court of ordinary of said county 
 
 appointed administrator on the estate of on 
 
 the day of , 19. . . ., and died intestate, leaving 
 
 a part of the estate of said unadministered. Peti- 
 tioner alleges that he is the next of kin of said 
 
 and, as such, prays' that a citation may issue, requiring all per- 
 sons interested to show cause at the next term of the 
 
 court of ordinary for said county why letters of administration 
 should not be granted to your petitioner upon the unadministered 
 estate of said 
 
 This day of , 19 
 
 , Petitioner. 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary, Countv, Georgia. 
 
 ;..., 19 
 
 The above petition of to administer the estate 
 
 of unadministered by his late administrator 
 
 being read and considered, ordered that the 
 
 citation issue as prayed for. 
 
 , Ordinary. 
 
 CITATION FOR ADMINISTRATION DE BONIS NON. 3939. 
 
 Georgia, County. 
 
 To all whom it may concern : 
 
 of said State, having applied to me for 
 
 letters of administration de bonis non on the estate of , 
 
 of said county, this is to cite all and singular the heirs and 
 creditors of to be and appear at the term,
 
 ADMINISTRATORS AND EXECUTORS 185 
 
 19. . . .., of said court, and show caus'e, if any they can, why 
 letters of administration de bonis non should not be granted on 
 the estate of said 
 
 Witness my official signature. 
 
 Ordinary of County. 
 
 LETTERS OF ADMINISTRATION DE BONIS 
 
 Georgia, County. 
 
 By , Ordinary of said county. 
 
 of said county, in which died 
 
 resident, and having been duly appointed by 
 
 the court of ordinary, administrat .... on said 
 
 estate, which said administrat .... has' also departed this life 
 
 before finishing the administration of estate, 
 
 and said court having at a regular term thereof appointed 
 
 administrat .... de bonis non, on condition 
 
 of giving bond and security named in said 
 
 order and taking the usual oath; and said having 
 
 fully complied with the directions of the court: 
 
 This is to show that said is fully empowered 
 
 and required by law to do all and singular the duties of admin- 
 istrat. . . . de bonis non of the estate of deceased ; 
 
 to administer, according to law, the estate remaining unadmin- 
 
 istered by the former administrat. ... of and 
 
 in all respects is authorized to discharge the duties and exercise 
 the power given by law to an administrator de bonis non of the 
 estate of 
 
 \Yitness my hand as 1 ordinary, and seal of said court, this 
 
 day of , 19. ... 
 
 , Ordinary. 
 
 LETTERS or ADMINISTRATION DE BONIS NON WITH WILL 
 ANNEXED. 3940. 
 
 Court of Ordinary, County, Georgia. 
 
 Term, 19 
 
 By the Court of Ordinary for said County. 
 
 To all to whom these presents shall come, Greeting: 
 
 Know ye, that on the day of , 19. . . ., 
 
 after petition and proper citation, was appointed
 
 186 ADMINISTRATORS AND EXECUTORS 
 
 administrator de bonis non cum testamento annexe of the estate 
 
 of . . . . , late of said county, deceased, and that on 
 
 the day of , 19 . . . . , the said 
 
 departed this life, intestate, leaving said estate partially admin- 
 istered, and that by petition to this court, and 
 
 after proper citation and publication of the same, applied to this 
 court for letters of administration de bonis non cum testamento 
 annexe, and that after due and proper proceeding, the said 
 
 was appointed as such administrator, and 
 
 then and thereupon, having taken the proper oath and having 
 filed his bond as required by the order of appointment, now by 
 virtue of these presents, the said is legally author- 
 ized to administer the estate of the said , 
 
 deceased, remaining unadministered according to the tenor and 
 
 effect of said will and testament of said , 
 
 deceased, a copy of which will is hereto attached, and according 
 to law and fully and truly to discharge all the duties of such 
 administrator, and to render a true and correct account to this 
 court of his acts and doings yearly and every year until his 
 administration is fully complete. 
 
 Witness my hand and the official seal of said court, this. . . . 
 day of ,19 
 
 (SEAL) Ordinary of County. 
 
 APPLICATION FOR ADMINISTRATION, WITH WILL ANNEXED. 
 3940, 3941. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The petition of of said State, shows that 
 
 , late a resident of said county, died on the 
 
 day of , 19 . . . ., owning real and personal estate 
 
 to the value of dollars, and testate; that the will 
 
 of said was duly proved and admitted to record 
 
 in. solemn form at the term, 19. . . ., in said county 
 
 by the Court of Ordinary, and one was appointed 
 
 executor of said will, and continued as such executor until the 
 
 day of , 19 . . . . , when he died intestate, 
 
 leaving the will unexecuted; that your petitioner is' a son of 
 
 , deceased, and is entitled to administration, 
 
 with the will annexed^ of the estate of and there-
 
 ADMINISTRATORS AND EXECUTORS 187 
 
 fore prays a citation to issue in his behalf, calling upon all 
 persons interested to show cause why administration, with the 
 
 will annexed, on the estate of should not be 
 
 granted as prayed for, at the term, 19. . . ., of the 
 
 said court of ordinary. 
 
 , Petitioner. 
 
 [NOTE: If the executor named in the will did not appear to qualify 
 and execute the same, that fact should be alleged in lieu of what is 
 alleged in the above form.] 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary, County, Georgia. 
 
 Term, 19 
 
 The above and foregoing petition of for 
 
 letters of administration de bonis non with the will annexed, on 
 
 the estate of , late of county, deceased, 
 
 coming on for hearing, and having been considered, ordered 
 that citation issue as prayed for. 
 
 Ordinary. 
 
 CITATION FOR ADMINISTRATION, WITH WILL ANNEXED. 
 
 Georgia, County. 
 
 To all whom it may concern : 
 
 of said State, having applied to me for 
 
 letters of administration de bonis non with will annxed, on the 
 
 estate of , late of said county, deceased, this is to 
 
 cite all and singular the creditors and next of kin of said 
 
 to be and appear at term, 19. . . ., of the court of 
 
 ordinary of s'aid county, and show cause, if any they can, why 
 letters of administration de bonis non, with the will annexed, 
 
 should not be granted to said on the estate 
 
 of 
 
 Witness my official signature this day of , 19. .. 
 
 ,,.,..,.., , , Ordinary.
 
 188 ADMINISTRATORS AND EXECUTORS 
 
 LETTERS OF ADMINISTRATION, WITH WILL ANNEXED. 3940. 
 
 Georgia, County. 
 
 By the Court of Ordinary for said County. 
 To all whom these presents shall come Greeting: 
 
 Know ye, that on the day of , in the year of 
 
 our Lord 19. . . ., the last will and testament of , 
 
 late of said county, deceased, was 1 exhibited in open court, and 
 proved and admitted to record in solemn form, a copy of which 
 is hereunto annexed, and administration of all and singular 
 the goods, chattels and credits of said deceased was granted 
 
 to as administrat . . . . , with the will annexed, 
 
 and having first taken the oath and performed 
 
 all other requisites required by law by order of said 
 
 court, and by virtue of these presents, is legally authorized to 
 administer the goods, chattels, rights and credits of the said 
 deceased according to the tenor and effect of the said will and 
 testament, and according to law, and he is hereby required to 
 render a true and perfect inventory of all and singular the 
 goods, chattels and credits of the said deceased, and appraised 
 and return to this court according to law, and to render a true 
 and correct account to this court of his actings and doing yearly, 
 and every year until his administration is fully completed. 
 
 Witness my hand, and the official seal of said court this 
 
 day of , 19 
 
 , Ordinary. 
 
 APPLICATION FOR ADMINISTRATION BY ONE SELECTED BY 
 NEXT OF KIN. 3943(3). 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The petition of of said State, shows that 
 
 died intestate on the day of , 
 
 19. . . ., a' resident of said county, owning at the time of his 
 
 death real and personal estate in said State worth about 
 
 dollars, and that said left as his next of kin 
 
 , ? his widow, . . . , ,
 
 ADMINISTRATORS AND EXECUTORS 189 
 
 and , his children, all of full age and residents 
 
 of s'aid county, and an estate entirely solvent; that said next 
 of kin have, by their writing annexed to this petition, selected 
 your petitioner to administer on said estate; wherefore, your 
 petitioner prays citation to issue as usual, calling upon all inter- 
 ested to show cause, if any they can, at the term, 19. . . ., 
 
 of this court, why letters of administration should not be 
 
 granted on the estate of , aforesaid, to your 
 
 petitioner. 
 
 This' day of ,19 
 
 , Petitioner. 
 
 SELECTION BY NEXT OF KIN. 3943(4). 
 
 We, the undersigned, being a majority of the next of kin of 
 
 , who died on the day of , 19 . . . , 
 
 in the State of Georgia and county of , intestate, 
 
 and we being also equally related and interested in the distri- 
 bution of estate, being his children, select 
 
 , of said State and county as our choice to 
 
 administer the estate of , and pray the court 
 
 of ordinary of said county to appoint him, he giving the neces- 
 sary bond and security for his administration. 
 
 This day of , 19 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary, County. 
 
 Term, 19 
 
 The petition of , for permanent letters' of 
 
 administration on the estate of , late of said 
 
 county, deceased, coming on for hearing, it is ordered and ad- 
 judged that the order for citation prayed for be granted, and 
 that the same be published as required by law. 
 This day of , 19 
 
 Ordinary.
 
 190 ADMINISTRATORS AND EXECUTORS 
 
 CITATION FOR PERMANENT LETTERS OF ADMINISTRATION. 
 
 Georgia, County. 
 
 To all whom it may concern: 
 
 of said State, having, in proper form, 
 
 applied for permanent letters of administration on the estate 
 
 of , late of said county, deceased, this is to cite 
 
 all and singular the creditors and next of kin of , 
 
 deceased, to be and appear at the court of ordinary of said 
 
 county, at the term, 19. . . ., and show cause, if any 
 
 they have or can, why permanent letters of administration 
 should not be granted to said on said estate. 
 
 Witness my official signature this day of , 19. .. 
 
 Ordinary. 
 
 ORDER FOR. LETTERS TO ISSUE. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 Citation having been duly issued and published, requiring 
 
 all and singular the next of kin and creditors of , 
 
 deceased, late of said county, to appear at this' term, and show 
 cause, if any they had or could, why permanent letters of 
 
 administration should not be granted to , of said 
 
 county, and the parties so cited making no valid objection 
 thereto, it is ordered by the court that letters of administration 
 
 issue to as administrator of , 
 
 deceased^ upon his giving bond and security in the sum of 
 
 dollars, with , security, and 
 
 taking the usual oath of office. 
 
 , Ordinary. 
 
 PERMANENT LETTERS OF ADMINISTRATION. 
 
 Georgia, County. 
 
 By the Court of Ordinary for said County. 
 
 Whereas , deceased, late of said county, 
 
 died intestate, having while he lived, and at the time of his 
 death, divers estates, real and personal, within said county, and 
 the Court at the Term, 19. . . ., thereof, having
 
 ADMINISTRATORS AND EXECUTORS 191 
 
 issued a citation calling upon all persons concerned, to be and 
 
 appear at the term of the said court, and show 
 
 cause, if any they could or had, why permanent letters should 
 
 not be granted to , and why he should not be 
 
 appointed, and no cause having been shown to the contrary, and 
 
 the said having given bond and security, and 
 
 taken the oath, as required by law, the court hereby grants unto 
 
 the said as administrator full power, by the 
 
 tenor of these presents', to lawfully administer the entire estate, 
 
 both real and personal of said deceased, which to 
 
 in his lifetime and at the time of his death did belong, and to 
 ask, demand, sue for, recover and receive the same, and to pay 
 the debts in which the deceased stood bound, so far as the assets 
 of said estate may extend, according to law, and then the bal- 
 ance, if any, to pay over to the legal heirs and distributees of 
 said deceased, and to do and perform all other duties as such 
 administrat. . . . devolved upon him by the laws of this State. 
 Witness my hand as ordinary, and the seal of said court, this 
 
 day of , 19 
 
 , Ordinary. 
 
 Selection must be made in writing. 72/776. When one creditor alone 
 selects one of two contestants, selection need not be made in writ- 
 ing. 61/164. 
 
 CREDITOR'S APPLICATION. 3943 (3, 6). 
 
 APPLICATION BY CREDITOR FOR LETTERS OF ADMINISTRATION. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The petition of of said State shows that 
 
 of said county, late a resident thereof, died 
 
 intestate on the day of , 19. . . ., owning 
 
 real and personal estate in said State worth 
 
 dollars ; that said at the time of his death was 
 
 insolvent, and your petitioner is a creditor of said 
 
 and entitled to the administration on estate ; 
 
 wherefore your petitioner prays that citation may issue in his 
 behalf, calling upon all persons interested to show cause, if any 
 they can or have, why letters of administration should not be
 
 192 ADMINISTRATORS AND EXECUTORS 
 
 granted to him on said estate at the term, 19. . . ., 
 
 of said court of ordinary. 
 
 , Petitioner. 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary, ....... County, Georgia. 
 
 Term, 19 
 
 The petition of for permanent letters of 
 
 administration on the estate of , late of said 
 
 county, deceased, coming on for hearing, it is ordered and ad- 
 judged that the order for citation prayed for be granted and 
 that the same be published as required by law. 
 
 This day of , 19 
 
 Ordinary. 
 
 CITATION. 
 
 Georgia, County. 
 
 To all whom it may concern: 
 
 of said State, having in proper form 
 
 applied to me for permanent letters of administration on the 
 
 estate of , late of said county, deceased, this is 
 
 to cite all and singular the creditors and heirs of 
 
 to be and appear at the term of court, 19. . . ., 
 
 and show cause, if any they can, why permanent letters of 
 administration should not be granted. 
 
 Witness my official signature this day of , 19. .. 
 
 Ordinary of County. 
 
 COUNTY ADMINISTRATOR. 3952-3968. 
 
 ORDER APPOINTING ADMINISTRATOR. 
 
 Georgia, County. 
 
 By the Ordinary of said County. 
 
 It appearing to the court that is a citizen of 
 
 said county, that he has attained the age of twenty-one years.
 
 ADMINISTRATORS AND EXECUTORS 193 
 
 and has been a resident of s'aid county for one year, it is ordered 
 
 that said be, and he is, hereby appointed 
 
 county administrator for said county, to hold said office until 
 the first Monday in March, 19 . . . . , and until his successor is 
 appointed and qualified, upon his giving bond payable to the 
 ordinary of said county for the benefit of all concerned with 
 good security, to be judged of by said ordinary, in the sum of 
 five thousand dollars', conditioned for the faithful discharge of 
 his duty as county administrator, as required by law. Let this 
 order be entered on the minutes of the court, and the original 
 placed in the possession of said county administrator. 
 
 Witness my hand and seal of office this. . .day of , 19. . 
 
 Ordinary of County. 
 
 [NOTE: Order appointing, should be placed on minutes. 3954. 
 Where an estate is unrepresented, and not likely to be represented, the 
 ordinary is required to vest the administration in the county adminis- 
 trator. 3957. The clerk of the Superior Court is eligible to this office. 
 3955. Separate letters of administration upon each estate placed in the 
 hands of the county administrator are required. 3958.] 
 
 APPLICATION TO VEST ADMINISTRATION IN COUNTY ADMINIS- 
 TRATOR. 3957, 3958. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of showeth that 
 
 departed this life on or about the day of , 19. . ., 
 
 a resident of said county, intestate, leaving an estate in said 
 county of real and personal property of the probable value of 
 
 dollars, and that said estate is unrepresented, 
 
 and not likely to be represented. Petitioner is 
 
 Wherefore, petitioner prays an order directing that citation 
 be issued herein and published as the law requires; and that if 
 no good cause be shown to the contrary, administration upon 
 said estate be vested in the county administrator of said county, 
 or some other fit and proper person.
 
 194: ADMINISTRATORS AND EXECUTORS 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 Upon reading the foregoing petition, it is ordered that cita- 
 tion therein be issued and published as required by law. 
 
 , Ordinary. 
 
 CITATION. 
 
 Georgia, County. 
 
 To whom it may concern: 
 
 , by petition in due form, having 
 
 represented to me that , late of said county, 
 
 deceased, died, leaving an estate of realty and personalty, and 
 that the same is not represented, and is not likely to be, this is 
 
 to cite the creditors and next of kin of said , 
 
 deceased, to be and appear at the term, 19. . . ., of 
 
 the Court of Ordinary of county, to show cause, if 
 
 any they have or can, why the administration of said estate 
 should not be vested in , the County Adminis- 
 trator, or some other fit and proper person. 
 
 This day of , 19 
 
 Ordinary. 
 
 ORDER VESTING ADMINISTRATION IN COUNTY ADMINISTRATOR. 
 
 Court of Ordinary, County. 
 
 Term, 19 
 
 The petition of averring that the estate of 
 
 , deceased, is unrepresented, and not likely 
 
 to be represented and praying that letters of administration on 
 the estate of said deceased be vested in the county administrator 
 of said county or some other fit or proper person, having been 
 duly filed; and it appearing that citation therein was issued and 
 published according to law, requiring all concerned to appear 
 at this term, and show cause, if any they could or had, why 
 said letters should not be granted ; and it also appearing that 
 said deceased died a resident of said county on or about the 
 day of , 19. . . ., intestate, and no objection
 
 ADMINISTRATORS AND EXECUTORS 195 
 
 H 
 
 being offered thereto; it is therefore ordered by the court that 
 administration on said estate be, and it is, hereby vested in 
 
 , county administrator of said county, and that 
 
 letters issue to him as provided by law. 
 
 , Ordinary. 
 
 CLERK OF SUPERIOR COURT AS ADMINISTRATOR. 
 3965-3968. 
 
 APPLICATION FOR APPOINTMENT OF CLERK OF SUPERIOR COURT 
 AS ADMINISTRATOR. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The petition of shows that he is a son of 
 
 , late of said county, deceased ; that said 
 
 died in said county on the day of 
 
 , 19 . . . . , intestate, leaving in said county a 
 
 valuable estate, consisting of real and personal property, worth 
 
 the sum of dollars, which said estate is' not 
 
 represented and not likely to be represented, and is wasting; 
 that your petitioner is interested in said estate as an heir at law 
 of said ; wherefore your petitioner, in con- 
 sideration of the premises, asks your Honor to issue the usual 
 citation, where no person applies for letters of administration 
 on the estates of deceased intestates, calling on all persons 
 interested to show -cause why the clerk of the superior court of 
 said county, or some other fit and proper person, should not at 
 
 the term, 19 . . . . , of said court, be appointed 
 
 as administrator on the estate of said 
 
 This day of 19 
 
 , Petitioner. 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary. 
 
 .Term, 19 
 
 It being made to appear by satisfactory proof that , 
 
 late of county, Georgia, died intestate, and no one
 
 196 ADMINISTRATORS AND EXECUTORS 
 
 applies for administration on his estate, or is likely to apply, 
 whereby great loss and injury is daily accruing to the next of 
 kin and creditors ; that there is an estate, real and personal, of 
 
 said decedent in said State and county, worth 
 
 dollars, which should be taken care of; it is hereby ordered that 
 citation issue, in terms of the law, requiring all persons' inter- 
 ested to show cause at the term, 19. . . ., of this 
 
 court, why administration of said estate should not be vested in 
 the clerk of the superior court or some other fit person. 
 
 Ordinary. 
 
 [NOTE: The clerk of the Superior Court is appointed when there is 
 no county representative. 3965. Rules to guide discretion of ordinary. 
 3968.] 
 
 CITATION. 
 
 (NOTE: The usual citation should be issued and published, as in 
 other cases.) 
 
 ORDER VESTING ADMINISTRATION IN THE CLERK OF THE 
 SUPERIOR COURT. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 Whereas, at the term, 19. . . ., of this Court, an 
 
 order was passed on the petition of % that 
 
 , late of said county, had departed this life 
 
 intestate, and his estate, real and personal, in said State, of the 
 
 value of dollars, and that said estate was not 
 
 represented, and was not likely to be represented, and was 
 wasting, for want of representation thereon, and directing cita- 
 tion to issue, calling upon all persons interested to show cause 
 at this term, if they could, why administration of said estate 
 should not vest in the clerk of the Superior Court of said county, 
 and it now appearing that said citation has been legally pub- 
 lished, and all the necessary preliminary steps have been taken 
 which are required in such cases where administration is 1 vested 
 in the clerk of the Superior Court, and no valid objection having 
 been offered to such proceedings, it is therefore ordered that 
 , clerk of the Superior Court of said county
 
 ADMINISTRATORS AND EXECUTORS 197 
 
 be, and he is, hereby vested with administration on the estate 
 of , deceased, and take the usual oath of office. 
 
 Ordinary. 
 
 [NOTE: It is not the duty of the court of ordinary to require the 
 clerk of the superior court to give bond on such appointment in the first 
 instance. See 106/855 (33 S. E. 43).] 
 
 PERMANENT LETTERS OF ADMINISTRATION. 3969-3982. 
 
 APPLICATION FOR PERMANENT LETTERS. 3969. 
 
 Georgia, County. 
 
 To , Ordinary of said County: 
 
 The petition of shows to the Court the 
 
 following facts: 
 
 1. That was a resident of county, 
 
 and died therein on the day of , 19. . . ., 
 
 leaving in said county personal property of the value of 
 
 dollars, and real property of the value of dollars ; 
 
 that said left a widow, , and the 
 
 following children : , , and , all 
 
 residents of said county. 
 
 2. That your petitioner believes, and so far as he knows, 
 
 the said died intestate, and it is necessary that 
 
 permanent letters' of administration be granted on his said 
 estate for the purpose of collecting up and taking charge of and 
 distributing the same according to law. 
 
 3. That petitioner, being a son of the deceased, has been 
 selected by his remaining heirs at law as a suitable and proper 
 person to be appointed permanent administrator on said estate : 
 
 Wherefore, petitioner prays that a proper order be made and 
 citation issue and be published calling upon the heirs and 
 
 creditors and all persons interested to appear at the 
 
 term, 19. . . ., of the court of ordinary of county, to 
 
 show cause, if any they have or can, why your petitioner should 
 not be granted permanent letters of administration on said 
 estate. 
 
 Petitioner.
 
 198 ADMINISTRATOR AND EXEC u TOES 
 
 AGREEMENT OF HEIRS FOR SELECTION OF ADMINISTRATOR. 
 
 Georgia, County. 
 
 day of , 19 
 
 We, the undersigned, being a majority of the next of kin 
 
 of , late of said county, deceased, hereby agree 
 
 that our brother, , may be appointed perma- 
 nent administrator of the estate of our deceased father, 
 
 , and we ask for his appointment. 
 
 ORDER FOR CITATION. 3970. 
 
 Georgia, County. Court of Ordinary, 
 
 day of , 19 
 
 The foregoing petition of to be appointed 
 
 permanent administrator of , late of said 
 
 county, deceased, having been presented to me, and the recital 
 of facts therein appearing to be true, it is ordered that citation 
 issue as prayed. This day of , 19. ... 
 
 Ordinary. 
 
 CITATION. 3970. 
 
 Georgia, County : 
 
 To all whom it may concern: 
 
 having in due form applied to me for 
 
 permanent letters of administration, upon the estate of 
 
 , late of said county, deceased ; this is to cite all and 
 
 singular the next of kin and creditors of the s'aid , 
 
 deceased, that said application will be heard before me at the 
 
 regular term, 19. . . ., of the court of ordinary 
 
 of county. 
 
 Witness my hand and official signature, this day 
 
 of ,19 
 
 Ordinary.
 
 ADMINISTRATORS AND EXECUTORS 
 CAVEAT TO APPLICATION. 
 
 199 
 
 In the Court of Ordinary, 
 
 County, 
 
 term, 19. ... 
 
 In the matter of the appoint- 
 ment of a permanent admin- 
 istrator on the estate of 
 
 , late of 
 
 said county, deceased. 
 
 Comes now , a daughter of the said 
 
 , late of said county, deceased, at this 
 
 term, 19. . . . } and files this her caveat to the appointment of 
 
 as' permanent administrator on said estate, 
 
 and for grounds of caveat, shows : 
 
 1. That said , the applicant, is not a 
 
 citizen of the State of Georgia. 
 
 2. That said is a minor and is not yet 
 
 twenty-one years of age. 
 
 3. That said is wholly and utterly incom- 
 petent for said trust. (Here the caveat may set out any ground 
 that may exist as a reason why the appointment should not be 
 made as prayed.) 
 
 4. Caveatrix stands ready to verify each and every one of 
 the grounds hereinbefore set out and asks the court that some 
 other suitable person be appointed. 
 
 JUDGMENT ON CAVEAT. 
 
 Application for permanent let- 
 
 , . ters of administration on the 
 
 ' a PP llcant I est ate of , 
 
 v ' . . | deceased. In the court of 
 
 , caveatrix. j- r n 
 
 ordinary of County, 
 
 term, 19 .... 
 
 The above and foregoing case coming on for a hearing, and 
 after a trial it is ordered that the caveat thereto be not sus- 
 tained and that the applicant, , having been 
 
 selected by a majority of the next of kin, be and he is hereby 
 
 appointed permanent administrator of the estate of , 
 
 late of said county, deceased, and that he give bond in the sum 
 of dollars, in terms of the law as such admin-
 
 200 ADMINISTRATORS AND EXECUTORS 
 
 istrator, and that upon taking the oath and making said bond, 
 that letters of administration do issue to him, as prayed. 
 
 It is further ordered that for the use of the 
 
 officers of court do recover of , caveatrix, the 
 
 sum of dollars' and cents, costs of 
 
 the caveat. This day of , 19 .... 
 
 Ordinary. 
 
 OATH OF ADMINISTRATOR. 3971. 
 
 Georgia, County. 
 
 Before me, , Ordinary of said county, 
 
 personally came , who, being duly sworn, on 
 
 oath says that having been appointed permanent administrator 
 
 on the estate of , late of said county, deceased, 
 
 that he will well and truly discharge the duties of such appoint- 
 ment as administrator to the best of his ability. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary. 
 
 BOND OF ADMINISTRATOR. 3972-3977. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , as 
 
 principal, and. and , as securities, 
 
 are held and firmly bound unto , Ordinary of 
 
 said county, and his successors in office, in the just and full sum 
 
 of dollars, and as against this' obligation or 
 
 any liability incurred thereby, each of us hereby, for himself 
 and family, waive and renounce any and all right of homestead 
 and exemptions that may exist under the laws of Georgia, or 
 to plead the same against this obligation or any liability there- 
 under. 
 
 Signed with our hands and sealed with our seals, this 
 
 day of ,19 
 
 The condition of the above obligation is as follows 1 : Whereas 
 on the day of , 19. . . .,
 
 ADMINISTRATORS AND EXECUTORS 201 
 
 was appointed by the court of ordinary of ......... county, 
 
 permanent administrator of the estate of. ............. , late 
 
 of said county, deceased, and his bond having been fixed by the 
 Hon ............... , Ordinary of said county, at ......... 
 
 dollars ; now, should the said .............. well and truly 
 
 and faithfully discharge his duty as such administrator accord- 
 ing to the law in such cause made and provided, then this 1 
 obligation to be void ; otherwise of full force and effect. 
 
 Principal 
 
 ................ ' ........... ;..(L. S.) 
 
 Security 
 
 ............................ ; ..(L. S.) 
 
 Security 
 
 Executed in the presence of and approved 
 by me, this ..... day of ........ , 19. .. 
 
 Ordinary. 
 
 LETTERS OF ADMINISTRATION. 
 
 Georgia, County. 
 
 By the Court of Ordinary for said County. 
 
 Whereas, , late of said county, deceased, died, a 
 
 resident of said county, intestate, having while. . . .lived, and at 
 
 the time death, divers estates, real and personal, within 
 
 the said State and county, by means whereof the full disposi- 
 tion and power of granting the administration of the estate of 
 the said deceased, and also a final dismission from the same, to 
 the court aforesaid does of right belong; and the court desiring 
 that the same might be well and truly administered, and legally 
 disposed of, did, at a regular term thereof, grant an order 
 
 vesting the administration of said estate in and 
 
 ho having given bond and security, and having taken the oath 
 
 as therein required, the court hereby grants unto said 
 
 as administrat . . . full power, by virtue of these presents, to 
 lawfully administer the entire estate, both real and personal, 
 
 of said deceased, which to in lifetime 
 
 and at the time of death did belong; and to ask, demand, 
 
 sue for, recover and receive the same, and to pay the debts in 
 
 which the deceased stood bound, so far as assets will 
 
 extend, according to law, and then the balance, if any, to pay
 
 202 ADMINISTRATORS AND EXECUTORS 
 
 over to the legal heirs and distributees of said deceased, and to 
 do and perform all other duties as such administrat. . .devolved 
 upon by the laws of this State. 
 
 Witness my hand as ordinary, and the seal of said court, 
 this day of , 19 
 
 [SEAL] , Ordinary. 
 
 NOTICE TO DEBTORS AND CREDITORS. 
 
 Georgia, County. 
 
 All creditors of the estate of , late of 
 
 county, deceased, are hereby notified to render in their demands 
 to the undersigned according to law, and all persons indebted 
 to said estate are required to make immediate payment to me. 
 ,19.... 
 
 Administrator of , deceased. 
 
 Administration not necessary, when. 3964. 
 
 Citation should issue to "All concerned." 3970. 123/329 (51 S. E. 
 
 423). Citation is indispensable. 12/526; 117/723 (45 S. E. 42). 
 Interest of applicant must appear in application. 56/146; 113/1006 
 
 (39 S. E. 474); 115/967 (42 S. E. 262). 
 Nonresident of county, allegation that deceased was, not affirmatively 
 
 show want of jurisdiction. 89/441 (15 S. E. 535). 
 
 BOND FOR TITLE. 
 
 APPLICATION TO REQUIRE ADMINISTRATOR TO MAKE TITLES 
 ON. 4016-4020. 
 
 PETITION OF HOLDER OF BOND. 4016. 
 
 Georgia, County. 
 
 To Hon , Ordinary of said County : 
 
 The petition of shows the following facts : 
 
 1. That on the day of , 19 , 
 
 , of said county, made and executed to your 
 
 petitioner a bond for title, a copy of which is hereto annexed 
 and marked "Exhibit A," wherein lie obligated himself to make 
 to petitioner good and sufficient title in fee simple to lot of 
 land . . . . , in the . district, and section of
 
 ADMINISTRATORS AND EXECUTORS 203 
 
 . . county, upon the payment of a certain note made 
 
 on said day for the sum of dollars, and due 
 
 day of , 19 . . . . , with interest from date at 
 
 per cent, per annum. 
 
 2. That on the day of , 19 , the said 
 
 died, and at the term, 19 . . . . , of the 
 
 court of ordinary of county, was appointed 
 
 permanent administrator on the estate of the said 
 
 3. That on the day of , 19. . . ., petitioner 
 
 paid to , as administrator of said , 
 
 deceased, the said sum of dollars, together with 
 
 interest thereon at per cent, per annum, and thereby fully 
 
 satisfied said note, which said note petitioner stands ready to 
 show to the court as being fully paid off. 
 
 Petitioner further shows that the heirs at law of the said 
 
 , are , , , 
 
 and , each and all of whom are of full age and are 
 
 residents of said county of 
 
 5. Petitioner shows that no deed has been made to him in 
 pursuance of said bond, and he brings this petition asking the 
 court for a proper order, after due notice to the said adminis- 
 trator and the said heirs, requiring said administrator to make 
 said deed in the terms of said bond, and the obligation of the 
 said therein set out and made. 
 
 Petitioner. 
 
 RULE NISI. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 The above and foregoing application, having been considered 
 
 by me, it is ordered that , as administrator of the 
 
 estate of , deceased, and , , 
 
 and , heirs at law of the said , 
 
 deceased, show cause before me at the term, 19. . . ., 
 
 of the court of Ordinary of county, why the prayer 
 
 of the petition should not be had and allowed, and the deed 
 made in pursuance of said bond. 
 
 Let , administrator, be served fifteen days
 
 204 
 
 ADMINISTRATORS AND EXECUTORS 
 
 with a copy of petition and this order, and the said heirs at law 
 be notified by publication of the notice to them in (name of 
 paper). 
 
 This day of , 19 
 
 Ordinary. 
 NOTICE TO HEIRS AT LAW. 4017. 
 
 Georgia, County. 
 
 having applied to the ordinary by 
 
 petition asking that , as administrator of the 
 
 estate of . . , deceased, late of said county, be required 
 
 to make to him a deed to lot of land, No in the 
 
 district and section of county, in pursuance 
 
 of a bond for title made by to the said 
 
 in his life time, the said alleging that he has fully 
 
 met his obligations in said bond. 
 
 This is to notify , , 
 
 and , heirs at law of the said , deceased, 
 
 to be and appear at the term, 19. . . ., of the court 
 
 of ordinary of county, and show cause, if any they 
 
 have or can, why the said administrator should not be required 
 
 to make said deed as prayed for by the said . . . , , 
 
 petitioner. 
 
 Ordinary. 
 RULE ABSOLUTE. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 ^ 
 
 vs. 
 
 as administrator Petition of 
 
 of the estate of , f for order re q" irin g adminis- 
 
 deceased, and , , trator to make deed. 
 
 and , heirs 
 
 at law. 
 
 This case coming on for a hearing, and it appearing that all 
 respondents therein have been properly notified, and no objec-
 
 ADMINISTRATORS AND EXECUTORS 205 
 
 tions having been filed to the application, it is ordered that the 
 
 said , as administrator of the estate of , 
 
 deceased, do, and he is hereby required to make to 
 
 a deed conveying good and sufficient title to lot of land No 
 
 in the district and section of county, 
 
 according to the terms of the bond for title of , 
 
 deceased. 
 
 It is further ordered that it appearing that the purchase 
 
 money of said land being due before the death of said , 
 
 and the petitioner, , not having paid the same at 
 
 the time it became due, but having paid the purchase money 
 
 after the death of the said - , that judgment be 
 
 and the same is hereby rendered against for the 
 
 sum of dollars and cents, the cost of this 
 
 proceeding. This day of , 19. ... 
 
 Ordinary. 
 
 DEED OF ADMINISTRATOR IN PURSUANCE OF ORDER. 
 
 Georgia, County. 
 
 This indenture made and entered into this the day 
 
 of , 19. . . ., between , as adminis- 
 trator of the estate of , late of said county, 
 
 deceased, party of the first part, and , of said 
 
 county, party of the second part, Witne&'seth: 
 
 That whereas, on the day of , 19 . . . . , 
 
 made his bond for title to , wherein 
 
 he obligated himself to make good and sufficient title in fee 
 
 simple to lot of land, No , in the district and 
 
 section of county, and so known and 
 
 described upon the plan or map of said county, said lot con- 
 taining acres of land, more or less, upon the payment 
 
 by the said of a certain promissory note in the 
 
 slim of dollars, with interest from date at the 
 
 rate of per cent, per annum, and whereas the said 
 
 on the day of , 19. . . ., 
 
 paid to the party of the first part, the amount of said note with 
 interest, and afterwards by petition to the court of ordinary of 
 
 county, and after due notice to the party of the 
 
 first part, and the heirs at law of the said , deceased,
 
 20,3 
 
 ADMINISTRATORS AND EXECUTORS 
 
 the court of ordinary at the term, 19. . . . , ordered 
 
 and adjudged that the party of the first part should make a 
 deed according to the terms of said bond. 
 
 Now, therefore, in consideration of the premises, and obedi- 
 ence to the order of the court of ordinary, and in the further 
 
 consideration of the sum of dollars, in hand 
 
 paid, at and before the sealing and delivery of these presents, 
 receipt whereof is hereby acknowledged, the said party of the 
 first part sells and conveys, and by these presents, does sell and 
 
 convey, unto the said . . , party of the second part, 
 
 all that tract or parcel of land, situated, lying and being in the 
 
 county of , and known upon the plan or map of 
 
 said county as lot of land, Xo in the district and 
 
 section of county, containing 
 
 acres, more or less. 
 
 To have and to hold the said premises conveyed unto the 
 
 said , to his own proper use, benefit and behoof, 
 
 together with all the rights, members and appurtenances thereto 
 belonging or in anywise appertaining, forever in fee simple. 
 
 In witness whereof the said party of the first part, as admin- 
 istrator of the said , deceased, has hereunto set 
 
 his hand and affixed his seal, the day and year first above 
 written. 
 
 (SEAL) 
 
 Administrator of , deceased. 
 
 Signed, sealed and delivered in the 
 
 presence of: 
 , J. P. 
 
 RETURN OF ADMINISTRATOR AFTER MAKING OF DEED. 
 
 TTQ 
 
 Petition for the making of 
 : ' Admr. I deed, upon the bond for title 
 
 of > deceased, and of the intestatf?j ? 
 
 ...... . . , and , deceased, term, 19 . . 
 
 heirs at law of said , 
 
 deceased. 
 
 Comes now , administrator of , 
 
 deceased, and shows to the court that, in pursuance of the order 
 granted in the above named and stated matter at this term of
 
 ADMINISTRATORS AND EXECUTOES 207 
 
 the court, the undersigned, as administrator of , 
 
 deceased, has made to a deed to lot of land, No , 
 
 in the district and section of County, 
 
 Georgia, containing acres, more or less'; and this return 
 
 is made in compliance with said order. 
 
 Administrator of , deceased. 
 
 ORDER TO FILE RETURN. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 , as administrator of , deceased, 
 
 having made returns to this court of the title made by him, 
 
 under a bond given by , deceased, to , in 
 
 which he fully stated the situation of the land, its boundaries, 
 
 and enclosing in his returns 1 the original bond of , 
 
 deceased, to , ordered that the same be filed in 
 
 this court. 
 
 , Ordinary. 
 
 IT. BONDS OF ADMINISTRATORS. 
 
 TEMPORARY ADMINISTRATOR, 3936. 
 (See form, ante, page 182.) 
 
 PERMANENT ADMINISTRATOR. 3972-3977.- 
 (See form, ante, page 200.) 
 
 ADMINISTRATOR. 3953. 
 
 Georgia, County. 
 
 Know all men by these presents : That we, , 
 
 county administrator, principal, and and , 
 
 as securities, are jointly and severally held and firmly bound 
 
 unto , Ordinary of said county, and his successors 
 
 in office, for the benefit of all concerned, in the just and full 
 
 sum of dollars ; and as against the payment of 
 
 this obligation or any liability thereon, each of us, for himself
 
 208 ADMINISTRATORS AND EXECUTORS 
 
 and family, waives and renounces any and all right of home- 
 stead or exemption that we may have under the laws of Georgia, 
 and to plead the same against this obligation or any liability 
 thereunder. 
 
 Signed with our hands and sealed with our seals, this ...... 
 
 day of .............. , 19 ____ 
 
 The condition of the above obligation is as follows : ........ 
 
 ............ has on the ...... day of ............ , 19 . . . . , 
 
 been appointed by the Hon ............ , Ordinary of ....... 
 
 county, as 1 county administrator of said county for the term of 
 four years next following, and until his successor is appointed 
 and qualified. Now, if the said ............ shall faithfully 
 
 discharge his duty as county administrator as required by law, 
 then this bond to be void, otherwise of full force and effect. 
 
 Principal, 
 
 ........................... ....(L. S.) 
 
 Security. 
 
 ........................ ....... (L.S.) 
 
 Security. 
 
 Signed in the presence of and approved 
 and attested by me, this ........ day 
 
 of.. , 19.. 
 
 Ordinary. 
 
 APPROVAL OF BOND. 
 
 Court of Ordinary. 
 
 .............. having tendered bond in the sum of ...... 
 
 ........ dollars, as administrat ... of the estate of ......... , 
 
 deceased, with ...... ............ as suret. . . ; said bond is 
 
 approved and ordered to be filed. 
 
 .......................... , Ordinary. 
 
 JUSTIFICATION OF OBLIGORS IN BOND. 
 
 Georgia, County. 
 
 In person before me came and , the 
 
 said proposing to give bond as principal, and the
 
 ADMINISTRATORS AXD EXECUTORS 209 
 
 said as security, for the administrator of the 
 
 estate of , who, being duly s'worn, depose and 
 
 say, on oath, that they are each of them worth the sum of 
 
 dollars over and above all their just debts and 
 
 liabilities, and allowances by law of exemption and homestead. 
 
 Principal, (L. S.) 
 
 Security, (L. S.) 
 
 Sworn to and subscribed before me this 
 day of ,19 
 
 Ordinary of County. 
 
 SECURITY, APPLICATION FOR RELIEF OF. 3050, 3052, 3976. 
 
 Georgia, County. 
 
 To lion , Ordinary of said County : 
 
 The petition of , security for , 
 
 administrator upon the estate of , deceased, 
 
 respectfully shows that your petitioner heretofore, to wit: on 
 
 the day of f 19 . . . . , became the security upon 
 
 the administration bond of , who took out letters 
 
 of administration upon the estate of , deceased, 
 
 which administration bond is for the sum of dollars. 
 
 And your petitioner avers that he conceives himself in danger 
 of being injured by his s'ecurityship as aforesaid, in consequence 
 of the neglect of said administrator. Wherefore, your petitioner 
 prays for relief from securityship, according to the statute in 
 such case made and provided. This. . . .day of , 19. .. 
 
 Attorney for Applicant. 
 
 ORDER ON APPLICATION TO STRENGTHEN BOND OF ADMINIS- 
 TRATOR. 
 
 In the Court of Ordinary. 
 
 Term, 19 .... 
 
 1 ' ;> administrator f App i ication to strengthen bond 
 
 of the estate of of administrator . 
 
 Jate ot said county, deceased. 
 
 The above named and stated matter coming on for a hearing, 
 and it appearing that the respondent, , adminis-
 
 210 ADMINISTRATORS AND EXECUTORS 
 
 trator of , deceased, has been served with a 
 
 copy of the petition in said application, as ordered therein, by 
 the sheriff of said county, more than ten days before this term 
 of the court, and after hearing evidence therein: 
 
 It is ordered that the said , as administrator of 
 
 the said , deceased, be, and he is, hereby required 
 
 to give a new bond as such administrator, to be approved of by 
 me, within ten days from this date ; and on his failure so to do, 
 that he be removed from his said trust. 
 
 Ordinary. 
 
 SECURITY BOND WHEN ADMINISTRATOR GIVES. 3976. 
 
 Georgia, County. 
 
 Know all men that we , principal, and , 
 
 security, are held and bound unto , ordinary, and 
 
 his successors in office, in the sum of dollars, 
 
 for the payment of which we bind ourselves', our heirs and 
 assigns, jointly and severally, this. . . .day of , 19. .. 
 
 The condition of this bond is such that, whereas , 
 
 appointed administrator of . , deceased, has been 
 
 required by the court of ordinary of said county, for certain 
 causes, stated in an order pass'ed by said court, to give new 
 
 bond and security; now, if said has performed all 
 
 the duties of administrator of , deceased, and will 
 
 perform all the duties of such administrator, then the above 
 bond will be null and void; else to remain in full force and 
 virtue. 
 
 Witness our hands and seals. 
 
 Principal. (L. S.) 
 
 Security. (L. S.) 
 
 Signed in the presence of and approved 
 
 by 
 
 , Ordinary. 
 
 APPLICATION TO REQUIRE ADMINISTRATOR TO GIVE ADDITIONAL 
 
 SECURITY. 
 
 Georgia, County. 
 
 To the Hon , Ordinary of said County : 
 
 The petition of shows the following facts' :
 
 ADMINISTRATORS AND EXECUTORS 211 
 
 1st. At the term, 19. . . ., of this honorable court, 
 
 was appointed permanent administrator of the 
 
 estate of , late of said county, deceased. 
 
 2nd. Petitioner is an heir at law of the said 
 
 and one of the distributees of said estate. 
 
 3rd. That upon the appointment of , as 
 
 administrator of said estate, his security, , 
 
 has become insolvent, and has left the state, and has left no 
 property or effects here to make good his bond. 
 
 4th. That about dollars worth of property 
 
 went into the hands of said , as such administrator, 
 
 and, up to this time, he has made no distribution of said estate. 
 
 5th. Petitioner prays the court that the said , 
 
 a? such administrator, give an additional bond to be approved 
 by Your Honor to take care of all persons interested in said 
 estate, whether creditors or distributees. 
 
 Wherefore, petitioner prays' that the said administrator, 
 
 , be cited to appear at the term, 
 
 19. . . ., of this Honorable Court, to show cause, if any he has 
 or can, why the prayer of your petitioner should not be had and 
 allowed. 
 
 Petitioner. 
 
 ORDER. 
 
 Office of Ordinary of County. 
 
 At Chambers, day of , 19. ... 
 
 The foregoing petition of has been read and 
 
 considered : 
 
 It is ordered that the said , administrator 
 
 of , late of said county, deceased, be, and he is, 
 
 hereby cited to appear and show cause at the term, 
 
 19. . . ., of this court, why the prayer of the petition should not 
 be had and allowed. 
 
 Let him be served with a copy of the petition and this order 
 at least ten days before the term of this court. 
 
 This day of , 19 
 
 Ordinary of County.
 
 212 ADMINISTRATORS AND EXECUTORS 
 
 RULE NISI. 
 
 Office of the Ordinary of County. 
 
 , Georgia, , 19 .... 
 
 , having applied to me by petition to be 
 
 relieved as surety upon the bond of , as 
 
 administrator of the estate of , late of said 
 
 county, deceased, upon the grounds and for the reasons set out 
 in said petition; 
 
 It is ordered that be served at once with a 
 
 copy of said petition and this order, and he is hereby cited to 
 
 appear at the term, 19. . . ., of this court, and show 
 
 cause if any he has, or can, why the prayer of said petition 
 should not be had and allowed. 
 
 Ordinary. 
 
 RULE ABSOLUTE. 
 
 , surety 
 
 Application to be relieved as 
 surety upon the bond of 
 . . as adminis- 
 
 vs. 
 
 j , > trator 01 
 
 administrator 
 
 of , deceased. deceased ' 
 
 Term, 19... 
 
 day of , 19... 
 
 The above named and stated case coming on for a hearing 
 and the allegations in the petition having been sustained by 
 evidence : 
 
 It is ordered that , as surety upon the bond 
 
 of the respondent, , as administrator of the 
 
 estate of , deceased, be, and he is, hereby 
 
 relieved and discharged as surety upon said bond from any other 
 and further liability thereon. 
 
 It is further ordered that the said give other 
 
 and further sufficient security on s'aid bond, or, in default
 
 ADMINISTEATORS AND EXECUTOES 213 
 
 thereof, that he be discharged from his trust; the same to be 
 done within ten days from this date. 
 
 Ordinary. 
 
 Attestation. Approval on minutes sufficient, though bond not attested. 
 
 43/340. 
 Failure to recite giving of bond, in order appointing administrator, not 
 
 invalidate. 72/725. 
 Name of deceased misrecited, not invalidate bond. 85/555 (11 S. E. 
 
 616). 
 
 III. SALES BY ADMINISTRATOR. 4021-4039. 
 
 PERISHABLE PROPERTY, SALE OF. 4021-4023. 
 
 APPLICATION FOR LEAVE TO SELL. 
 
 Georgia, County. 
 
 To the Ordinary of said county : 
 
 The petition of , administrat. . .of the estate of 
 
 , late of said county, deceased, shows that certain 
 
 personal property of said estate is' of a perishable nature, and 
 likely to waste or deteriorate in value, and that it is consistent 
 with the interest of said estate that said property be sold at as 
 early a day as practicable. Petitioner therefore prays an order 
 
 authorizing to sell said property. 
 
 , Petitioner. 
 
 ORDER GRANTING LEAVE TO SELL. 4022. 
 
 Court of Ordinary. 
 
 At Chambers, this'. . .day of , 19. ... 
 
 Upon reading and considering the petition of , 
 
 administrat. . .on the estate of , deceased, for 
 
 leave to sell the personal property of said estate, and it appearing 
 that said property is of a perishable nature, and likely to waste 
 and deteriorate in value, and that it is consistent with the inter- 
 est of said estate that said property should be sold at as early a 
 day as practicable, it is 'ordered that said administrat. . .bo, 
 and is, hereby granted leave to sell the said property, at public 
 outcry, between the hours of ton o'clock, a. m., and four o'clock,
 
 214: ADMINISTRATORS AND EXECUTORS 
 
 p. m., after giving notice of such sale by written or printed 
 advertisements for at least ten days, at the three or more public 
 places in said county. 
 
 ,, Ordinary. 
 
 NOTICE OF SALE. 
 
 Georgia, County. 
 
 By virtue of an order of the court of ordinary granted at 
 
 chambers , 19. . . ., will be sold at public outcry 
 
 at on the day of , 19 . . . . , 
 
 within the legal hours of sale, the following personal property 
 of the estate of , deceased, to wit : 
 
 Terms 
 
 Administrator. 
 
 TEMPORARY ADMINISTRATOR, APPLICATION BY, FOR LEAVE TO 
 SELL PERISHABLE PROPERTY. 
 
 Georgia, ............ County. 
 
 To Honorable ............... , Ordinary of said County : 
 
 The petition of .............. , temporary administrator of 
 
 the estate of ................ , late of said county, deceased, 
 
 shows that certain personal property, consisting of ........... 
 
 ..... a .............................................. > 
 
 belonging to the estate of said deceased, is of a perishable nature, 
 and is likely to deteriorate in value, and that it is to the interest 
 and advantage of the estate that said property be sold. Your 
 petitioner prays for an order authorizing ............ to sell 
 
 said property. 
 
 ............................ , Petitioner. 
 
 ............ Court of Ordinary. 
 
 Upon reading and considering the foregoing application, it is 
 ordered that said ............... , temporary administrator,
 
 ADMINISTRATORS AND EXECUTORY 215 
 
 have leave to sell the personal perishable property belonging to 
 
 the estate of , deceased, after giving notice of 
 
 such sale by written advertisement for ten days at three or more 
 
 public places in said county (and in the , published 
 
 in said county). 
 
 , Ordinary. 
 
 APPLICATION FOR LEAVE TO SELL PERSONAL PROPERTY. 
 
 Georgia, County. 
 
 To the Honorable , Ordinary of said County : 
 
 The petition of , administrator of the estate 
 
 of , deceased, shows that it is necessary for the 
 
 purpose of paying the debts and making division among the 
 heirs of said deceased to sell the personal property belonging to 
 said estate. 
 
 Petitioner therefore prays an order authorizing 
 
 to sell said personal property. 
 
 Said personal property consists in. 
 
 This day of , 19 
 
 , Petitioner. 
 
 Court of Ordinary. 
 
 Upon reading and considering the foregoing application, it is 
 
 ordered that said , administrator, have leave to 
 
 sell the personal property belonging to the estate of , 
 
 deceased, after giving notice of such sale by written advertise- 
 ment for ten days at three or more public places in said county 
 
 (and in the , published in said county). 
 
 , Ordinary. 
 
 NOTICE OF SALE OF PERSONAL PROPERTY. 
 
 Georgia, County. 
 
 By virtue of an order of the court of ordinary of said county, 
 
 granted at the Term, 19. . . ., will be sold before the 
 
 court-house door of said county, on the first Tuesday in , 
 
 next, within the legal hours of sale, the following property of
 
 216 ADMINISTRATORS AND EXECUTORS 
 the estate of , deceased, to wit : . . . 
 
 Terms 
 
 Administrator. 
 
 BILL or SALE OF PERSONAL PROPERTY SOLD BY ADMINISTRA- 
 TOR. AT PUBLIC SALE. 
 
 Received, this .... day of , 19 . . . , from , 
 
 the sum of dollars, in payment of ; 
 
 sold as the property of , late of said county, by 
 
 me, as administrator of , in pursuance of an 
 
 order of the court of ordinary of county, on the first 
 
 Tuesday in , 19 . . . . , at the usual place of 
 
 public sale in said county, between lawful sale hours, s'aid .... 
 
 being then and there the highest and best bidder 
 
 for the same. In witness whereof I have hereto set my hand 
 and seal. 
 
 : [L. S.] 
 
 As administrator of 
 
 Signed, sealed and delivered in presence of 
 
 INSOLVENT PAPERS. 
 
 APPLICATION FOR LEAVE TO SELL INSOLVENT PAPERS. 4025. 
 
 Georgia, County. 
 
 To the Ordinary of said county : 
 
 The petition of ., as administrator of the 
 
 estate of , deceased, shows that, after due dili- 
 gence, the following described evidences of debt due the estate 
 of said deceased remain uncollected, and are deemed insolvent 
 or doubtful, to wit : 
 
 Wherefore, petitioner prays an order authorizing 
 
 to sell said evidences of debt as insolvent papers. 
 
 Administrator.
 
 ADMINISTRATORS AND EXECUTORS 217 
 
 AFFIDAVIT OF ADMINISTRATOR. 
 
 In open court came , administrator of t)ie 
 
 estate of , and being duly sworn says' the facts 
 
 stated in the above petition are true. 
 
 Administrator of 
 
 Sworn to and subscribed before me this 
 
 day of , 19 
 
 , Ordinary. 
 
 ORDER OF COURT. 
 
 Upon reading and considering the foregoing application, it 
 
 is ordered that said petitioner be, is, hereby granted 
 
 leave to sell said papers, in the manner prescribed by law. 
 
 , Ordinary. 
 
 ADVERTISEMENT OF SALE OF INSOLVENT OR DOUBTFUL NOTES. 
 ADMINISTRATOR'S SALE. 
 
 / 
 
 Take notice, that I, as administrator of the estate of , 
 
 late of county, Georgia, deceased, will sell at the court- 
 house door in said county, between the lawful hours of sale, to 
 
 the highest bidder, on the day of , 19. . . ., 
 
 in pursuance of the order of the Court of Ordinary of said 
 county, the following notes, considered by me as insolvent, and 
 so adjudged by said court, to wit, (specify the note or notes'). 
 Terms of sale : 
 
 Administrator. 
 
 RETURN OF SALE OF INSOLVENT OR DOUBTFUL NOTES. 
 
 , administrator of . : , returns 
 
 to the Court of Ordinary as proceeds of his sale of insolvent or 
 doubtful notes of and , on the first
 
 218 
 
 ADMINISTRATORS AND EXECUTOKS 
 
 Tuesday in , 19 . . . . , the sum of dollars. 
 
 Said notes' being as follows (here describe them). 
 
 Administrator of 
 
 Subscribed and sworn to before me this 
 
 ,19.... 
 
 , Ordinary. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 The return of , administrator of , 
 
 to this court, of his sale of insolvent or doubtful notes of said 
 
 , being in open court, and considered by the court, 
 
 ordered that the same be allowed, and in the settlement of the 
 
 estate of said , that he be charged with the 
 
 proceeds of said s'ale, instead of the amount called for by notes 
 so sold. 
 
 , Ordinary. 
 
 ACCOUNT OF SALE OF PERSONALTY. 
 
 Account sale of personalty of the estate of , 
 
 deceased. Sold by , administrator of said estate, 
 
 after due and legal advertisement, on the day of 
 
 , 19 . . . . , between the legal hours of sale, at 
 
 public outcry, at 
 
 pursuant to order of the Court of Ordinary of 
 
 County, the terms of such sale being 
 
 Property Sold Purchaser Price 
 
 Georgia, County. 
 
 Personally before me came , administrator of
 
 ADMINISTRATORS AND EXECUTORS 219 
 
 the estate of , who, being duly sworn, says that 
 
 the within and foregoing sale bill is just, true, and correct. 
 
 Administrator. 
 Sworn to and subscribed before me 
 
 Ordinary. 
 
 APPLICATION FOR LEAVE TO SELL LAND. 4026. 
 
 Georgia, County. 
 
 To the Hon , Ordinary of said County : 
 
 The petition of , as administrator of the 
 
 estate of , late of said county, deceased, 
 
 shows : 
 
 That the real estate of said deceased consists of lots of land, 
 
 lumbers , and , in the district, 
 
 and section of county, each lot containing 
 
 ...... acres, more or less ; and that for the purpose of paying 
 
 debts and distribution, it is neces'sary to sell said lands. 
 
 Wherefore, petitioner prays for an order of citation, and that 
 citation issue calling upon the creditors and heirs 'at law of 
 
 , to be and appear at the term, 19. . .'. , 
 
 of the court of ordinary of county, to show cause, if 
 
 any they have or can, why the leave to sell said lands shall not 
 be had and allowed. 
 
 Administrator of , deceased, 
 
 Petitioner. 
 
 ORDER FOR CITATION. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 The application of , as administrator of 
 
 , deceased, to sell the real estate of said 
 
 intestate, coming on for a hearing: 
 
 It is considered, ordered and adjudged that an order of cita- 
 tion be and the same is hereby made, and that citation issue and 
 be published, as required by law, calling upon the next of kin
 
 220 ADMINISTRATORS AND EXECUTORS 
 
 and creditors of said , deceased, to show cause, 
 
 if any they have or can, at the term, 19. . . . , of the 
 
 court of ordinary of county, why the leave prayed 
 
 for should not be granted. 
 
 Ordinary. 
 
 CITATION. 4026. 
 
 Georgia, County. 
 
 To whom it may concern : 
 
 Notice is hereby given that , as administrator 
 
 of , deceased, having applied to me by petition 
 
 for leave to sell the real estate of said , deceased; 
 
 and that an order was made thereon at the term, 19. . . , 
 
 for citation, and that citation issue; all the heirs at law and 
 
 creditors of the said , deceased, will take notice 
 
 that I will pass upon said application at the term, 19 . . . , 
 
 of the court of ordinary of county; and that unless 
 
 cause is shown to the contrary, at said time, said leave will be 
 granted. This day of , 19. ... 
 
 Ordinary. 
 
 ORDER GRANTING LEAVE TO SELL REAL ESTATE. 4026. 
 
 In re Application ^ 
 
 of , as I Court of Ordinary, 
 
 administrator of , f Term, 19 .... 
 
 deceased, to sell real estate. J 
 
 The above named and stated matter coming on for a hearing, 
 and it appearing that an order for citation was made, and that 
 citation issued, which has been published as the law requires, 
 and no cause being shown to the contrary, and no objections 
 being made; 
 
 It is considered, ordered and adjudged that , 
 
 as administrator of the estate of , late of said 
 
 county, deceased, be, and he is, hereby granted leave to sell the 
 
 real estate of said , deceased, which is as follows, 
 
 to wit : lots of land, numbers , and in the 
 
 district and section of county,
 
 ADMINISTRATORS AND EXECUTORS ,221 
 
 I 
 
 Georgia, each of said lots containing forty acres, more or less. 
 Said sale to be made and had according to the law in such cases 
 made and provided. This day of , 19. ... 
 
 Ordinary. 
 
 ADVERTISEMENT BY ADMINISTRATOR FOR SALE OF LAND. 4028. 
 
 By virtue of an order from the court of ordinary of ....... 
 
 county, will be sold, at public outcry, on the first Tuesday in 
 ............ , 19. . . ., at the court-house door in said county, 
 
 between the legal hours of sale, the tract of land in said county 
 (describe the land), containing ......... acres, more or less. 
 
 A credit of ............ months will be allowed to purchasers, 
 
 giving their notes well secured for their purchases. 
 
 , 
 
 Administrator of. 
 
 CAVEAT TO APPLICATION OF ADMINISTRATOR TO SELL LAND. 
 
 , applicant! In the Court of Ordinary of 
 
 vs. f county, 
 
 , caveator' Term, 19 .... 
 
 Now comes , one of the heirs at law, and a 
 
 son of , late of said county, deceased, at 
 
 this term, 19. . . ., of the court of ordinary of 
 
 county, and caveats the application of , 
 
 administrator, asking for leave to sell the lands of , 
 
 late of said county, deceased, and for grounds' of objection, says : 
 
 1. Said left no debts, and the said admin- 
 istrator, , has sold and disposed of the personal 
 
 property of the said. ...... ... . . ; and that after paying the 
 
 funeral expenses and doctors' bills of the said , and 
 
 after placing a suitable monument over the grave of the said 
 
 , there still remains in the hands of the said 
 
 , as administrator, a sum of money belonging 
 
 to said estate in the amount of dollars, or other large 
 
 sum, and that for these reasons, it is not necessary to sell said 
 lands for the paying of debts ; and that each and all of the heirs
 
 222 ADMINISTRATORS AND EXECUTORS 
 
 of the s'aid have agreed upon a distribution in 
 
 kind of the said real property, and that for this reason, there is 
 no necessity to sell said lands, and the said administrator has 
 no right to said order divesting the title of the heirs at law to 
 the said real property, and for this reason, the said order applied 
 for should be refused. 
 
 2. Caveator further shows that the debts of the estate having 
 been paid, that the title to said real property is in the heirs, and 
 that the said administrator has no right to sell the same for 
 distribution, and the s'aid administrator has no concern therein 
 or therewith, and for this reason said application should be 
 refused. 
 
 Caveator. 
 
 ORDER OVERRULING CAVEAT TO APPLICATION TO SELL. 
 
 Court of Ordinary of County. 
 
 ..Term, 19.. 
 
 , , applicant 
 
 vs. 
 
 ,, caveator 
 
 Application of , 
 
 as administrator of , 
 
 late of said county, deceased, 
 to sell the land of the said 
 deceased. 
 
 The above named and stated case coming on for hearing, and 
 
 the application therein having been caveated by , 
 
 upon objections set out in his 1 caveat, and after hearing evidence 
 therein and considering the same : 
 
 It is ordered and determined that said objections be not sus- 
 tained, and the same are hereby overruled ; 
 
 And it is further ordered that the said , as 
 
 administrator of the estate of the said , late of 
 
 said county, deceased, having filed his 1 petition and application 
 to me for leave to sell said lands, and an order having been made 
 for citation therein, and citation having issued and published as 
 required by law, leave to sell said lands as prayed for be, and 
 the same is, hereby granted, said lands being described as' fol- 
 lows, to wit: Lots of land, Nos , and , in 
 
 the district and section of County, 
 
 each lot containing forty acres, more or less, and the said
 
 ADMINISTRATORS AND EXECUTORS 
 
 , administrator, will first advertise said lands' 
 
 according to law, previous to sale. 
 
 Ordinary. 
 
 APPEAL TO THE SUPERIOR COURT. 
 
 In the Court of Ordinary of 
 County, 
 
 Term, 19. .. 
 
 , applicant, . 
 vs I Application by , as 
 
 caveator. administrator of , 
 
 late of said county, deceased, 
 to sell the lands of the de- 
 ceased. 
 
 Now comes , the caveator in the above named 
 
 and stated case, and being dis'satisfied with the judgment of the 
 Ordinary rendered therein, which was adverse to him, and 
 having paid all the costs that have accrued in said case, and 
 
 now on this day of , 19. . . ., within the 
 
 time prescribed by law, enters this his appeal to the Superior 
 
 Court, and brings as his security, and they, 
 
 , principal, and , as security, 
 
 acknowledge themselves held and firmly bound unto the appellee, 
 
 , as administrator, of the estate of .......... 
 
 late of said county, deceased, for such further costs as may 
 accrue by reason of such appeal in said case. Signed with our 
 
 hands and sealed with our s'eals, this the day 
 
 of , 19 
 
 (L. S.) 
 
 Principal. 
 
 ...(L. S.) 
 
 Security. 
 
 Executed in the presence of, and approved 
 by me, this .... day of , 19 ... 
 
 Ordinary. 
 
 I hereby certify that , the appellant, has 
 
 paid all of the costs that have accrued in said case appealed, 
 to wit, the sum of dollars and cents, and that
 
 224 ADMINISTRATORS AND EXECUTORS 
 
 the appeal bond was filed, and appeal entered this day 
 
 of , 19 
 
 Ordinary of County. 
 
 APPEAL IN FORMA PAU PERIS. 
 
 , applicant, 1 Georgia, County. 
 
 vs. r Court of Ordinary, 
 
 , caveator. * Term, 19 .... 
 
 Application by , as administrator of the 
 
 estate of , late of said county, deceased, to sell lands 
 
 of deceased, and order granted by Ordinary the day 
 
 of , 19 
 
 Before me, , Ordinary of said county, 
 
 personally came , who, being duly sworn, on 
 
 oath says that he is dissatisfied with the judgment rendered 
 against him in the above named and stated case, and that on 
 
 this the. . . .day of , 19. . . ., he enters his appeal 
 
 in said case to the superior court ; and affiant on oath says that 
 I am advised and believe that I have good cause of appeal, and 
 that owing to my property, I am unable to pay the costs or give 
 the security required by law in cases of appeal. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary. 
 
 APPEAL BY CONSENT. 
 
 , administrator I In the Court of Ordinary, 
 
 vs. County, 
 
 , caveator-' , 19 .... 
 
 Both parties consenting thereto in open court, and waiving 
 the judgment of the court on the matter in dispute in said case, 
 it is ordered by the court that said case be appealed, by consent, 
 to the superior court, and it is ordered that the clerk of this
 
 ADMINISTRATORS AND EXECUTORS 225 
 
 court transmit to said superior court in due form all the papers 
 relating to said case and this appeal. 
 
 Ordinary. 
 
 ADVERTISEMENT FOR ADMINISTRATOR'S SALE. 
 
 Georgia, County. 
 
 By virtue of an order of the court of ordinary of 
 
 county, granted upon the application of , as 
 
 administrator of the estate of , deceased, late of 
 
 said county, to sell the lands of the said , deceased, 
 
 for the purpose of paying debts and distribution, there will be 
 sold before the court-house door, at public outcry, to the highest 
 
 bidder, in the city of , between the legal hours of 
 
 sale, on the first Tuesday in , 19. . . ., as the 
 
 property of the said deceased, the following described lands, 
 
 to wit : Lots of land, numbers , and in 
 
 the district and section of county, 
 
 each lot containing forty acres, more or less, terms of sale, cash. 
 This day of , 19 
 
 Administrator of , deceased. 
 
 APPLICATION BY ADMINISTRATOR TO SELL WILD LANDS. 
 
 4024. 
 
 Georgia, County. 
 
 To the Honorable , Ordinary of said County : 
 
 The petition of , as administrator of the 
 
 estate of , late of said county, deceased, shows: 
 
 1st. That in his life time owned certain 
 
 wild and uncultivated lands, as follows: Lot of land number 
 
 in the district and section of 
 
 county, containing acres', more or less; lot of land 
 
 number in the district and section of 
 
 county, containing acres, more or less ; and lot of land, 
 
 number in the district and section of 
 
 county, containing acres, more or less. 
 
 2nd. Petitioner shows that said lands lie outside of 
 
 county, the county of administration.
 
 226 ADMINISTRATORS AND EXECUTORS 
 
 3rd. Petitioner shows that it would be preferable to sell 
 lands at private sale ; that it would be to the advantage of said 
 estate so to do, and for this reason he asks the granting of a 
 proper order for such sale. 
 
 Wherefore, petitioner prays that an order of citation be made, 
 and that citation issue calling upon the heirs at law and creditors' 
 
 of the said to show cause, if any they have or can, 
 
 at the term, 19. . . ., of the court of ordinary of 
 
 county, why such leave should not be granted as 
 
 prayed for. 
 
 Administrator of , deceased. 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary, County. 
 
 Term, 19 
 
 The petition of , as administrator of , 
 
 deceased, having been filed and coming on for a hearing, it is 
 ordered that citation issue and be published as the law directs. 
 This , 19.... 
 
 Ordinary. 
 
 CITATION. 
 
 Georgia, County. 
 
 To whom it may concern : 
 
 Notice is hereby given that , as administrator 
 
 of , deceased, has filed in the Court of Ordinary 
 
 a petition asking leave to sell certain wild and uncultivated 
 lands of deceased. The heirs at law and creditors of the said 
 
 , deceased, will take notice and show cause before 
 
 me in the court of ordinary of county at the 
 
 term, 19. . . ., if any cause they have or can, why said order 
 should not be granted as prayed for. This , 19. ... 
 
 Ordinary.
 
 ADMINISTRATORS AND EXECUTORS 227 
 
 ORDER GRANTING LEAVE TO SELL WILD LANDS. 4024. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 In re application of , administrator of , 
 
 deceased, to sell wild lands: 
 
 The application of , as administrator of the 
 
 estate of , late of said county, deceased, to sell 
 
 certain wild lands at private sale, coming on for a hearing and 
 there being no -objection filed thereto, it is considered, ordered 
 and adjudged that the said private sale of said lands is prefera- 
 ble and to the interest of said estate, and the said 
 
 is hereby granted leave to sell the wild lands of said estate at 
 private sale, the said lands being as follows: (Describe lands 
 as in application to sell), and, to make deed and title thereto as 
 
 fully and completely as the said , deceased, could 
 
 have done in his life time. 
 
 Ordinary. 
 
 LANDS DIVIDED BY COUNTY LINES, APPLICATION FOR SALE OF. 
 
 4031. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , administrator of , 
 
 shows that , late of said county, at the time of his 
 
 death, on the day of , 19 . . . . , owned a 
 
 valuable tract of land, divided by the county lines of said county 
 and the county of , described as follows : 
 
 that it is necessary to sell land for the payment of debts and 
 distribution ; that he wishes an order to sell said land in either 
 county, as may be most advantageous to the creditors and heirs 
 
 of said , therefore your petitioner prays that a 
 
 citation may issue, as is usual in cases of application to sell real
 
 228 ADMINISTRATORS AND EXECUTORS 
 
 estate, calling upon all persons interested to show cause why he 
 should not have leave to sell said tract as prayed for. 
 This day of 19 
 
 Administrator of 
 
 Court of Ordinary, County. 
 
 ..Term, 19 
 
 The foregoing petition being filed with me, and it appearing 
 that the citation as prayed for should be granted, ordered that 
 the citation issue, as usual, except as to the mode of sale, and 
 as to that the citation issue requiring all persons concerned to 
 show cause, at the time of hearing the citation, why a sale may 
 not be in either county, as the administrator may deem best. 
 
 Ordinary of County. 
 
 [NOTE: The citation should be published, and the order for leave to 
 sell granted at a regular term, fully describing the lands.] 
 
 PROPERTY HELD ADVERSELY. 4033. 
 
 4033. "An administrator can not sell property held ad- 
 versely to the estate by a third person; he must first recover 
 
 possession." 
 
 CLAIM TO LAND ORDERED TO BE SOLD. 4034, 5176-5179. 
 
 Georgia, County. 
 
 Personally appeared before the undersigned, , 
 
 who, being sworn, says, that a certain tract of land, to wit, lot 
 number in the district of said county, contain- 
 ing acres (for which an order of sale has been obtained 
 
 from the Court of Ordinary of said county, by , 
 
 administrator upon the estate of , deceased), and 
 
 which tract of land is advertised by the administrator to be sold 
 
 on the day of , 19 . . . . , is not the property of 
 
 the estate of the deceased, but is the property of deponent. 
 Sworn before me this 19 ..
 
 ADMINISTRATORS AND EXECUTORS 229 
 
 CERTIFICATE OF ORDINARY. 
 
 I do hereby certify that the within claim of was 
 
 filed in the court of ordinary of county , 
 
 19...-, by .. 
 
 Given under my hand and official signature, this 
 
 day of '. ,19 
 
 , Ordinary. 
 
 SERVICE OF ADMINISTRATOR. 
 
 Served a copy of the within claim on , admin- 
 istrator of , this day of , 19. . . ., 
 
 by handing the same to him in person. 
 
 Sheriff of County. 
 
 ADMINISTRATOR'S DEED. 4030, 4032. 
 
 Georgia, County. 
 
 This indenture, made and entered into, this the day 
 
 of , in the year 19 ... .^ between , 
 
 the duly constituted and appointed administrator of , 
 
 late of said county, deceased, of the first part, and , 
 
 of said county, of the second part, witnesseth : 
 
 That heretofore on the first Monday in , 
 
 nineteen hundred and , upon the application of the 
 
 party of the first part, and after an order for citation to issue, 
 and the publication of the citation according to law in such 
 
 case, the Honorable Court of Ordinary of county 
 
 granted to party of the first part leave to sell the lands- of 
 
 , late of said county, deceased, for the purpose of 
 
 paying debts and distribution. And after the granting of the 
 said order, the said party of the first part advertised the sale 
 of said lands herein conveyed once a week for four weeks, pre- 
 vious to the first in , 19 . . . . , in the 
 
 , the newspaper in which the county advertise- 
 ments of county are published, and that on the 
 
 day of , 19 . . . . , between the legal hours 
 
 of sale on said day, the said party of the first part did put up 
 and expose for sale the lands hereinafter conveyed by public
 
 230 ADMINISTBATOKS AXD EXECCTORS 
 
 outcry to the highest bidder, when and at which time, the said 
 
 party of the second part, ...... being the highest and 
 
 best bidder, for and at the sum of dollars, the 
 
 said lands were knocked off to him as the purchaser at said sale. 
 
 Now, therefore, in consideration of the premises, and in the 
 further consideration of the sum of dollars pur- 
 chase money in hand paid, at and before the sealing and delivery 
 of these presents, receipt whereof is hereby acknowledged, the 
 said party of the first part has sold, bargained and conveyed, 
 and by these presents does sell, bargain and convey, unto the 
 
 said , his heirs and assigns, all that tract or parcel 
 
 of land situated, lying and being in the county of , and 
 
 described upon the plan or map of said county as lots of land, 
 
 numbers , and , in the district 
 
 and section of said county, each of said lots containing 
 
 forty, acres, more or less, together with all the rights, members 
 and appurtenances thereunto belonging, or in any wise apper- 
 taining, to and his proper use, benefit and 
 
 behoof forever. To have and to hold the same to the said 
 
 , his heirs and assigns in as full and ample a 
 
 manner as the same was possessed or enjoyed by the said 
 
 , deceased, in his life time. 
 
 In witness whereof, the said party of the first part has here- 
 unto set his hand and affixed his seal, the day and year first 
 above written. 
 
 .-; (L. S.) 
 
 Administrator of , deceased. 
 
 Signed, sealed and delivered in the 
 presence of: 
 
 J. P. 
 
 ACCOUNT OF SALES. 
 
 Georgia, County. 
 
 To the Ordinary of Said County : 
 
 Account sales of real estate and personal property of the 
 
 estate of , deceased, by , 
 
 administrator of said estate. Sold on first Tuesday in 
 
 19..
 
 ADMINISTRATORS AM> EXECUTORS 231 
 
 (Specify the property sold the purchasers, and the amount, 
 together with the terms of sale.) 
 
 Terms of sale : 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary. 
 
 Blanks in deed. Where administrator executed deed and left blanks 
 for names of grantees to be afterwards filled in by attorney em- 
 ployed by heirs to represent estate, and where such names were 
 filled in before delivery of deed to purchasers, who were ignorant 
 of circumstances attending its execution, deed operated to pass title 
 of grantor to grantees. 144/1 (3) (85 S. E. 1007). 
 
 Caveat to application for leave to sell, what sufficient. 117/113 (43 
 S. B. 423). 
 
 Order, sufficiency of description of land in. 47/195. Sufficient here to 
 put on inquiry as to size of lot of land. 69/506. Recitals necessary 
 in order for sale by administrator d. b. n. c. t. a. 8/236. Particular 
 lots should be described. 4/152. 
 
 Petition of administrator for order to sell should set forth that sale is 
 necessary for payment of debts or for purpose of distribution, but 
 omission of such allegation is amendable defect, cured by judgment 
 granting leave to sell. 145/102 (3-a) (88 S. E'. 682). 
 
 Recitals in deed. Order of sale must be produced; recital in deed not 
 sufficient. 40/479. Notice in ordinary's order as having been -given 
 by administrator, need not be stated in deed. 16/67. When power 
 to sell proved, presumed from recitals that prescribed forms fol- 
 lowed. 40/482. Mere recitals in deed that order to sell was granted 
 is not sufficient. 141/419 (2) (81 S. E. 196). 
 
 Title. Administrator's deed, made pursuant to sale under order, is 
 inadmissible as muniment of title, unless accompanied with order. 
 141/653, 654 (3) (81 S. E. 1119). 
 
 IV. ADMINISTRATION AND DISTRIBUTION OF 
 
 ESTATES PAYMENT OF DEBTS YEAR'S 
 
 SUPPORT. 3997-4015, 4040-4061. 
 
 RULES OF DISTRIBUTION. 4040. 
 
 4040. "After the payment of expenses of administration 
 and the debts of the deceased, the balance of the estate, both real
 
 232 ADMINISTEATORS AND EXECUTORS 
 
 and personal, stands subject to distribution among the heirs at 
 law of the deceased, according to the relationship hereinbefore 
 prescribed." 
 
 YEAR'S SUPPORT. 4041-4051. 
 
 PETITION FOR APPOINTMENT OF APPRAISERS. 4041. 
 
 Georgia, County. 
 
 To the Honorable , Ordinary of said County : 
 
 The petition of respectfully shows that 
 
 , late of said county, departed this life on the 
 
 day of , 19 . . . . , leaving your petitioner, 
 
 his widow, and minor children surviving him; and 
 
 she prays your honorable court, in conformity with the statute 
 in such case made and provided, to appoint five discreet and 
 proper persons to act as appraisers in setting apart to your peti- 
 tioner and her minor children as aforesaid the sum 
 
 necessary, in their judgment, for support and maintenance for 
 the space of twelve months from the date of administration of 
 said estate of your petitioner and her children, either in money 
 or such property as may be selected by your petitioner at a fair 
 valuation to be made by said appraisers. And also to set apart 
 a sufficient amount of household furniture for the use of your 
 petitioner and her children. And, further, to require said ap- 
 praisers to return to said court for record their proceedings in 
 the premises. 
 
 , Petitioner. 
 
 ACKNOWLEDGMENT OF SERVICE OF NOTICE BY ADMINIS- 
 TRATOR. 
 
 Georgia, County. 
 
 I, , administrator of the estate of , 
 
 deceased, do hereby acknowledge due and legal service of notice 
 
 of the application of and her children for twelve 
 
 months' support. 
 
 This day of , 19 
 
 , Administrator.
 
 ADMINISTRATORS AND EXECUTORS 233 
 
 RULE NISI WHERE SERVICE NOT ACKNOWLEDGED. 
 
 Court of Ordinary. 
 
 The foregoing application read and considered. Ordered 
 
 that , administrator of said estate, show cause 
 
 before the Court of Ordinary for said county, on the 
 
 day of , 19. . . ., why said application should not 
 
 be granted as prayed. Let him be personally served with a copy 
 of said application and of this order at least ten days before 
 said date. 
 
 This day of , 19 
 
 , Ordinary. 
 
 ORDER APPOINTING APPRAISERS. 
 
 Court of Ordinary. 
 
 At Chambers , 19 .... 
 
 Upon the foregoing application of , the widow 
 
 of , deceased, for the appointment of appraisers 
 
 to set apart to said widow and her minor children a 
 
 sum necessary for their support and maintenance for the space 
 
 of twelve months, out of the estate of said , deceased, 
 
 and also to set apart for the use of said widow and children a 
 sufficient amount of household furniture. It is ordered that 
 
 be, and they are, hereby appointed appraisers, and they, or a 
 majority of them, are hereby empowered to set off and assign 
 
 to the said , widow of , deceased, late 
 
 of said county, and her minor children, out of the 
 
 estate of the said deceased, a sum necessary for the support and 
 maintenance of said widow and children for the space of twelve 
 months ; and also a sufficient amount of household furniture for 
 the use of said widow and children. And the said sum so set 
 apart as aforesaid to be either in money or such property as the 
 widow may select, at a fair valuation, to be made by said ap- 
 praisers; and if, upon a just appraisement of the estate, the 
 
 same does not exceed dollars, you will set the 
 
 whole apart.
 
 234 ADMINISTRATORS AND EXECUTORS 
 
 Further ordered, that said appraisers return to me for record 
 all their proceedings in the premises. 
 
 Given under my hand and official signature, this day 
 
 of ,19.... 
 
 , Ordinary. 
 
 OATH OF APPRAISERS. 
 
 Georgia, County. 
 
 Before me, , Ordinary of said County, 
 
 personally came , commissioners 
 
 appointed to lay off a year's support for , and 
 
 each, being duly sworn, on oath says that he will discharge his 
 duty as such commissioner justly, fairly and to the best of his 
 ability. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 Ordinary. 
 
 RETURN OF APPRAISERS. 4043. 
 
 Georgia, County. 
 
 To the Court of Ordinary of said County : 
 
 We, the undersigned, appointed by the Ordinary of 
 
 county to assess a sum necessary for the support and mainte- 
 nance of the widow and minor children of for 
 
 twelve months from the date of administration of the estate of 
 
 , and also to set apart that amount of money, 
 
 or such property as may be selected by the widow, at a fair 
 valuation, to be made by us, and to set apart for the widow a 
 sufficient amount of household furniture for the use of the 
 widow and children, report to the Ordinary of said county that 
 
 after due investigation of the circumstances of 
 
 estate, we assessed as the sum of money necessary for the sup- 
 port and maintenance of the widow of and said 
 
 children, for twelve months from date of administration of the 
 estate of , dollars ; and as
 
 ADMINISTRATORS AND EXECUTORS 235 
 
 the widow selected of the value of 
 
 dollars, we set apart the remainder in money for said widow's 
 and said children's support and maintenance ; and we further 
 set apart to the widow, for the use of the widow and children, 
 
 all the household furniture of 
 
 In witness whereof we have -hereto set our hands and seals, 
 
 this day of , 19 .... 
 
 [L. S.] 
 
 [L. S.] 
 
 [L. S.] 
 
 [L. S.] 
 
 [L. S.] 
 
 [NOTE: The report of the appraisers may be caveated for any good 
 and sufficient reason.] 
 
 ORDER FOR CITATION TO ISSUE. 4043. 
 
 Court of Ordinary. 
 
 At Chambers, ,19 .... 
 
 It appearing that the appraisers appointed to set apart a 
 
 year's support for , widow of , late 
 
 of said county, deceased, have filed their return. It is ordered 
 that citation issue and be published as provided by law. 
 
 , Ordinary. 
 
 CITATION. 
 (Usual form of citation to be used.) 
 
 ORDER ALLOWING RETURN. 
 
 Court of Ordinary. 
 
 , Term, 19 
 
 The report of the appraisers appointed to set apart to the 
 
 widow and minor children of the provision allowed 
 
 by law, being read, and the court being satisfied that the same 
 is in due form, and properly made, and citation having been 
 issued and published, and no objection being filed, it is ordered 
 that the same be allowed and admitted to record, and stand as 
 the judgment of this court. 
 
 , Ordinary.
 
 236 ADMINISTRATORS AND EXECUTORS 
 
 COMPROMISE OF CONTESTED OR DOUBTFUL CLAIMS. 
 4004-4006. 
 
 APPLICATION FOR ORDER TO COMPROMISE. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , administrator of , 
 
 shows that as such administrator he holds a claim, to wit: a 
 
 promissory note, given the day of , 19. . . . , 
 
 by to , in the sum of 
 
 and due the day of , 19 . . . . , which note 
 
 has long been due and remains unpaid, and which your peti- 
 tioner believes can not be paid in full by said for 
 
 the reason that Petitioner believes the 
 
 same should be compromised as a doubtful debt, and informs 
 
 your honor that the same can be compromised for , 
 
 which amount all of said creditors are willing to 
 
 accept from him in discharge of their claims. Besides this, as 
 
 your petitioner affirms, the said debt of estate 
 
 on is doubtful of collection because of 
 
 Your petitioner believes this defense may be made out, and 
 therefore believes the debt doubtful, and is of the opinion that 
 
 the same should be compromised on the offer made by 
 
 Your petitioner now, in consideration of the premises, prays an 
 order to allow him to compromise said claim, for the reasons 
 aforesaid. 
 
 , Administrator. 
 
 Subscribed and sworn to as true before me 
 
 this day of , 19. ... 
 
 ,J.P. 
 
 ORDER TO COMPROMISE. 
 
 Georgia, County. 
 
 Office of Ordinary. 
 
 The above and foregoing petition of ". , as 
 
 administrator of , deceased, to compromise the 
 
 claim therein set forth on being read, and sufficient 
 
 proof being shown to me that the petition ought to be granted,
 
 ADMINISTRATORS AND EXECUTORS 237 
 
 it is therefore ordered by me that he be, and is, hereby allowed 
 
 to compromise said claim on This 
 
 day of ,19 
 
 Ordinary. 
 
 RETURN OF COMPROMISE CLAIM. 
 
 Georgia, County. 
 
 In person before me came , as administrator 
 
 of , and being duly sworn, says that, in com- 
 
 pliance with the order granted by the Ordinary of said county 
 
 on the day of , 19. . . ., to compromise the 
 
 claim of estate on said order granted 
 
 at request for reasons set forth in his petition to 
 
 said Ordinary, he did compromise said claim for 
 
 dollars, being per cent, thereof, which settlement so made 
 
 was made by him in good faith and to the best interest of the 
 parties interested in estate, and which compro- 
 mise and settlement he now returns and claims a credit for as 
 such administrator. 
 
 Administrator of , deceased. 
 
 Subscribed and sworn to before me this 
 
 day of , 19 
 
 , Ordinary. 
 
 ORDER TO RECORD RETURN. 
 
 Ordinary's Office, 
 
 Term, 19 
 
 Georgia, County. 
 
 The above and special return of: , administrator 
 
 of , deceased, of his compromise of a claim set 
 
 forth in his petition being made, and no objection being filed 
 to the same, ordered that it be allowed and recorded with the 
 petition and order preceding it. 
 
 , Ordinary.
 
 238 ADMINISTRATORS AND EXECUTOES 
 
 TITLES TO HEIRS PROCEEDINGS TO COMPEL ADMINISTRATORS 
 TO MAKE. $4018. 
 
 To the Ordinary of County: 
 
 The petition of and , heirs of 
 
 , shows unto the court that in his 
 
 lifetime, on the day of , 19. . . ., made and 
 
 delivered to his bond for titles in and to a certain 
 
 tract of land, in which it was agreed by , then in 
 
 life, that upon payment of he would make 
 
 titles to a certain tract of land lying (describe the land), that 
 
 said. died on the day of , 19. . . ., 
 
 having appointed one his executor ; that said sum 
 
 stipulated for in said bond has been paid, part during the life- 
 time of said and part to , adminis- 
 trator of , wherefore your petitioner prays a rule 
 
 nisi may issue in their behalf against , administrator 
 
 of , requiring him to appear at the next term 
 
 of this court, to show cause, if any he can, why he should not 
 make titles in and to said land to your petitioners, who aver 
 that they are the heirs at law of , deceased. 
 
 RULE NISI. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 The foregoing petition of and , being read 
 
 to the court, and the facts therein stated shown to be true, 
 
 ordered by the court that said , administrator 
 
 of , deceased, show cause, if any he can, at the 
 
 next term of this court, why he should not make to said 
 
 and titles to the land set forth in said petition, 
 
 and that a copy of this rule and of said petition be served on 
 
 said days before the next term of this court. 
 
 , Ordinary.
 
 ADMINISTRATORS AND EXECUTORS 239 
 
 RULE ABSOLUTE. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 It appearing to the court that a rule nisi taken at the last 
 
 term of this court in favor of and 
 
 vs , administrator of , deceased, has 
 
 been duly served on said , requiring him to show 
 
 cause, if any he could, why he , as administrator 
 
 of , should not make and 
 
 titles to a certain tract of land (describe the land), and said 
 
 . . .' having shown no cause to the contrary, ordered 
 
 by the court that , administrator of ., 
 
 deceased, proceed at once to make titles of said land to 
 
 and 
 
 , Ordinary. 
 
 DEED OF ADMINISTRATORS TO HEIRS. 
 
 Georgia, County. 
 
 This deed, made this day of , 19. . . ., 
 
 between , administrator of ......... deceased, 
 
 of the one part, and and , heir of , 
 
 of the other part, witnesseth that, whereas said in 
 
 life, bound himself to make titles to to a certain 
 
 tract of land (describe it), and died before making the title, 
 and whereas the condition on which the title of said land should 
 
 be made to has been performed, and said 
 
 and , heir of , deceased, have 
 
 filed their petition and obtained an order from the proper Court 
 
 of Ordinary after due notice, requiring said , as 
 
 administrator of , deceased, to make title in said 
 
 land to said and , now, in consideration 
 
 of the premises, and in order to comply with said bond, and for 
 
 value received of said and said , 
 
 administrator of , deceased, has granted, bar- 
 gained and sold, and by these presents doth bargain, grant, sell 
 
 and convey to said and all the said tract of 
 
 land, with all its rights and privileges.
 
 240 ADMINISTRATORS AND EXECUTORS 
 
 In witness whereof, said , administrator of 
 
 , deceased, has hereto set his hand and seal, 
 
 day and year above stated. 
 
 ;-. (L. S.) 
 
 Administrator of 
 
 Signed, sealed and delivered in presence of 
 ,J.P. 
 
 ELECTION OF WIDOW. 3931 (3), 5249 (3), 5250-5252. 
 
 Georgia, County. 
 
 To , Administrator of the estate of . . , 
 
 deceased : 
 You are hereby notified that instead of dower in the real 
 
 estate of my deceased husband, ,1 hereby elect 
 
 to take a child's part therein. 
 
 Widow of , deceased. 
 
 DIVISION IN KIND. 4057-4061. 
 
 PETITION. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , as administrat ... of the estate 
 
 of , deceased, shows that all the debts of said 
 
 estate have been paid, and that now has in hand 
 
 the following property of said estate, to wit : 
 
 That the parties interested in said estate as heirs and distribu- 
 tees are 
 
 That a distribution of said estate in kind is practicable, and . . . 
 
 therefore prays for the granting of an order for 
 
 such division of said property, and the appointment of three or 
 more freeholders of said county to appraise and impartially 
 divide said property according to law. 
 
 , Administrat . . .
 
 ADMINISTRATORS A.\D EXECUTORS 241 
 
 CITATION. 4057". 
 
 Georgia, County.. 
 
 Court of Ordinary, 
 
 Chambers, , 19. ... 
 
 To 
 
 adminiutrat ... on the estate' of , deceased, having 
 
 duly filed petition, praying an order for a division in 
 
 kind of the property of the estate of said , deceased, 
 
 you are hereby cited to be and appear at the Ordinary's office 
 
 of said county on the day of , 19 . . . . , 
 
 and show cause, if any you have, why the order prayed for in 
 said petition should not be granted. 
 
 , Ordinary. 
 
 We hereby acknowledge due and legal service of the within 
 petition, order and citation, waive copies of the same and all 
 
 other or further service or notice herein. This day 
 
 of ,19 
 
 I have this day served, 
 
 minors, personally with a copy of the within. 
 This , 19 
 
 Deputy Sheriff County, Ga. 
 
 GUARDIAN AD LITEM. 
 
 Court of Ordinarv, County. 
 
 Term, 19 
 
 It appearing from the return of the sheriff, entered hereon, 
 
 that the within named minors, to wit : 
 
 i 
 
 have each been personally served with a copy of this proceeding 
 
 and that have no guardian. It is ordered that 
 
 be, and is hereby appointed guardian
 
 242 ADMINISTRATORS AND EXECUTORS 
 
 ad litem for said minor, .to represent herein, and that 
 
 he be duly served with notice of this appointment, 
 
 and that upon acceptance of the same he be notified of 
 
 this proceeding, and make answer hereto. 
 
 , Ordinary. 
 
 ACCEPTANCE BY GUARDIAN AD LITEM. 
 
 I hereby accept the foregoing appointment, acknowledge 
 service and notice of said proceeding, as provided by law. 
 
 Guardian ad litem for . . 
 
 ORDER APPOINTING APPRAISERS. 4058. 
 
 ., Administrat. . 
 
 vs. 
 
 Petition for division in kind, 
 etc., of estate of said de- 
 ceased. 
 
 Heirs and distributees of. ... 
 , , deceased. - 
 
 It appearing that. 
 
 all the heirs and distributees of said deceased, have been notified 
 of this proceeding as required by law, and no objection being- 
 filed, or cause shown to the contrary ; and it appearing that said 
 division in kind is practicable : It is, therefore, ordered that a 
 division in kind of the property named in said petition be had, 
 
 and , 
 
 freeholders of said county, are hereby appointed appraisers, to 
 appraise and impartially divide said property according to law. 
 It is further ordered that said appraisers make return of their 
 actings and doings in the premises to the ordinary's office of said 
 
 county on or before the day of , 19 .... 
 
 , Ordinary. 
 
 OATH OF APPRAISERS. 4058. 
 
 Georgia, County. 
 
 You do swear that you will faithfully and impartially dis-
 
 ADMINISTRATORS AND EXECUTORS 243 
 
 charge your duties as appraisers of the estate of. 
 
 deceased, in the hands of , administrat . 
 
 according to law. 
 
 Sworn to and subscribed before me this 
 
 day of , 19 
 
 , Ordinary. 
 
 RETURN OF APPRAISERS. 4059. 
 
 Georgia, County. 
 
 By virtue of an order of the court of ordinary of said county, 
 to us directed, to make a fair division in kind of the estate of 
 
 , deceased, now in the hands of , 
 
 administrat. . ., among lawful heirs and distributees, 
 
 we proceeded this day to make said division, after being first 
 lawfully sworn to perform said duty, and the' following is the 
 result : 
 
 Given under our hands and seals, this the day 
 
 of ,19.... 
 
 [SEAL] 
 
 [SEAL] 
 
 [SEAL] 
 
 FINAL ORDER. 
 
 Court of Ordinary. 
 
 Term, 19.... 
 
 Upon considering the foregoing return of the appraisers in 
 
 the matter of the division in kind of the estate of , 
 
 deceased, and it appearing that it was carefully made and filed 
 and no objection having been made thereto, it is ordered by the 
 court that the said return be, and is, hereby made the judgment 
 of the court; and that it, with the other proceedings therein, be 
 spread upon the minutes of this court. 
 
 , Ordinary. 
 
 [NOTE: Refunding bond may be demanded by the administrator, 
 before delivering property to distributees. 4061.]
 
 244 ADMINISTRATORS AND EXECUTORS 
 
 PAYMENT OF DEBTS. 
 
 to Dr. 
 
 19 Date. 
 
 ,19.... To $ 
 
 Georgia, County. 
 
 Personally, before me, came , and, being duly 
 
 sworn, says the above account of dollars is just, 
 
 due and unpaid. 
 
 Sworn to and subscribed before me this 
 
 day of.'. , 19 
 
 ' 
 
 RECEIPT TO ADMINISTRATOR. 
 
 Received of , administrator of , 
 
 this day of , 19 . . . . , the sum of , 
 
 in full payment of the above account. 
 
 NOTE SIGNED BY MARK AND NOT ATTESTED, AFFIDAVIT TO. 
 
 Georgia, County. 
 
 Personally, before me, came , who, being 
 
 duly sworn, says the above note, signed by the mark of , 
 
 and not attested by any witness, is a genuine note given by 
 , and is a just demand on estate. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , , Ordinary.
 
 ADMINISTRATORS AND EXECUTORS 245 
 
 RECEIPT ON NOTE. 
 
 Received on the within note from , admin- 
 istrator of , deceased, the maker of the within 
 
 note, this day of , 19 . . . . , the sum of 
 
 dollars, in full of the same. 
 
 To divest title of decedent by allowance of year's support, land must 
 be so described as to indicate that particular tract was intended to 
 be set apart. Description here was too indefinite to be capable of 
 enforcement. 145/325 (1) (89 S. E. 208). Description here con- 
 taining nothing more definite than "ninety-five acres of land valued 
 at 250" was invalid for want of sufficient description. 144/231 '(3) 
 (86 S. E. 1089). 
 
 V. RETURNS, INVENTORY, APPRAISEMENT, AC- 
 COUNT AND COMMISSION. 3983-3996. 
 
 INVENTORY AND APPRAISEMENT. 3983-3991. 
 
 ORDER APPOINTING APPRAISERS. 3983. 
 
 Court of Ordinary, County. 
 
 At Chambers, , 19 .... 
 
 Ordered, that 
 
 > 
 
 freeholders of said county, be, and they are, hereby appointed 
 
 appraisers of the estate of , deceased, and that 
 
 the usual warrant issue. 
 
 , Ordinary. 
 
 WARRANT OF APPRAISEMENT. 3983. 
 
 Georgia, County. 
 
 By the Ordinary for the county aforesaid. 
 To 
 
 These are to authorize you, or any three or more of you, to
 
 246 ADMINISTRATORS AND EXECUTORS 
 
 repair to all such parts and places as you shall be directed unto 
 
 by , administrat ... of all and singular the 
 
 lands, goods and chattels, rights and credits of , 
 
 deceased, wheresoever any of the lands, goods or chattels of the 
 said deceased are, or do remain, within the said parts or places, 
 and which shall be shown unto you by the said administrat. . ., 
 and there view and fairly and justly appraise and value all and 
 every the said lands, goods and chattels, being first sworn to 
 make a true and perfect inventory and appraisement thereof, 
 and cause the same to be returned under your hands, or any 
 three or more of you, to the said administrat. . . within sixty 
 days from the date hereof. 
 
 In testimony whereof I hereunto affix my hand and seal, this 
 
 ...'...day of , 19 
 
 , Ordinary. 
 
 OATH OF APPRAISERS. 
 
 You do swear that you will faithfully 
 
 discharge your duties as appraisers of the personal property 
 
 of , deceased, as shall be produced to you by 
 
 , administrat. . . of the said deceased's estate, 
 
 and the real estate of said deceased in county, and 
 
 that you will return the same certified under your hands, unto 
 the said administrat. . . within the time prescribed by law. 
 
 [SEAL.] 
 
 [SEAL.] 
 
 [SEAL.] 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 RETURN OF APPRAISERS. 3989. 
 
 Georgia, County. 
 
 Inventory and appraisement of all the personal property and 
 real estate lying in said county belonging to the estate of 
 , deceased : .
 
 ADMINISTRATORS AND EXECUTORS 247 
 
 CERTIFICATE OF APPRAISERS. 
 
 We, the undersigned appraisers, do certify that having been 
 first sworn by and before each other according to law, that the 
 within and foregoing is a true inventory and appraisement of 
 all the estate of .............. , deceased, so far as the same 
 
 was produced before us by the administrat. . . of said deceased, 
 to the best of our judgment and understanding. 
 
 Given under our hands and seals, this ............... day 
 
 of.. .................... 19 ____ 
 
 [L. S.] 
 
 [L. S.] 
 
 [L. S.] 
 
 ; ....[L. S.] 
 
 Appraisers. 
 
 INVENTORY AND APPRAISEMENT BY ADMINISTRATOR. 3984. 
 
 Of the estate of , deceased. 
 
 I Dollars I Cents
 
 248 ADMINISTRATORS AND EXECUTORS 
 
 OATH OF ADMINISTRATOR. 3984. 
 
 Georgia, County. 
 
 You 
 
 do swear that the foregoing is a true and just 
 
 return of all the property of , deceased, and 
 
 that the above inventory contains a true account of all the goods 
 and chattels, rights and credits, and of the land lying in said 
 county, of said deceased, within your hands, possession or 
 knowledge; so help you God. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary. 
 
 Ordered, that the foregoing appraisement be recorded , 
 
 19.... 
 
 , Ordinary. 
 
 ANNUAL RETURNS. 3992-3996. 
 
 ANNUAL RETURN. 
 
 In account with estate of 
 
 DR. 
 
 To cash from. 
 
 it K (I 
 
 it (( (( 
 
 CR. 
 
 By cash paid. As per voucher No. 1. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary.
 
 ADMINISTRATORS AND EXECUTORS 249 
 
 ORDER OF ORDINARY. 3993, 3994. 
 
 Court of Ordinary, County. 
 
 Chambers, 19 .... 
 
 The within return and its vouchers, having been carefully ex- 
 amined and found correct, and having remained on file in this 
 office for thirty days, and no objection filed thereto, the same is 
 allowed; and it is ordered that said return, together with its 
 vouchers, be recorded as the law requires. 
 
 , Ordinary. 
 
 EULE NISI FOR NOT MAKING KETURNS. 
 
 Georgia, County. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 It appearing to the court, from an examination of the dockets 
 
 of this court, that , administrator of the estate 
 
 of , deceased, has failed to make annual 
 
 return, in the time required by law, and that no excuse has been 
 presented to this court for said default : It is therefore ordered, 
 
 that said administrator as aforesaid, make 
 
 return as required by law, by the term, 19. . . ., of 
 
 this court, or. show cause for said default ; else such further action 
 will be taken as is authorized by law; and it is further ordered 
 that a copy of this rule be served on said 
 
 at least ten days before said court. 
 
 , Ordinary. 
 
 RULE ABSOLUTE, WHERE FAILURE TO MAKE RETURN. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 The rule nisi taken at the last term of the court against 
 
 , administrator of , deceased, having 
 
 been duly served by the sheriff of this county, and the answer 
 
 of , administrator, being in court, and showing 
 
 that he is now willing and ready to make his annual returns,
 
 250 ADMINISTRATORS ANI> EXECUTOES 
 
 and omitted his duty from forgetfulness alone, ordered that 
 
 said , administrator, pay the cost of said rule 
 
 nisi, which is hereby discharged. 
 
 , Ordinary. 
 
 CAVEAT TO RETURN OF ADMINISTRATOR. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 And now comes , next of kin of , 
 
 and caveats the return made on the day of , 
 
 19 . . . . , by , administrator of , 
 
 deceased, and says the same should not be admitted to record 
 and sanctioned by this court, because he says the same is illegal 
 in this (specify the objectionable items and cause of objection 
 thereto) ; all of which he is ready to prove, and prays the same 
 may not be allowed. 
 
 i 
 
 Attorney of Cavetor. 
 ,19.. 
 
 ORDER OVERRULING CAVEAT. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 The return of , administrator of , 
 
 deceased, made on the day of , 19. . . ., having 
 
 been filed in the office thirty days, as required by law, and the 
 
 caveat of to it having been considered, 
 
 ordered that said caveat be overruled, and the return allowed in 
 full and admitted to record. 
 
 , Ordinary. 
 
 AFFIDAVIT OF SECURITY TO, WHERE THE ADMINISTRATOR HAS 
 REMOVED FROM THE STATE. 3995. 
 
 In person, before me, came , security of 
 
 , , administrator of , removed to the
 
 ADMINISTRATORS AND EXECUTORS 251 
 
 State of , and being sworn, says the above return is 
 
 just and true. 
 
 , Security. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary. 
 
 NON-RESIDENT ADMINISTRATOR, RETURN OF. 3995. 
 
 ORDER OF ORDINARY. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 It appearing to the court that the foregoing return of 
 
 , a non-resident administrator, has been duly 
 
 proved by the affidavit of , security on the bond 
 
 of , and is accompanied by the proper vouchers 
 
 and is correct and has been filed in the office the necessary time 
 required by law, ordered that it be admitted to record. 
 
 , Ordinary. 
 
 EXTRA COMPENSATION. 4067. 
 
 PETITION FOR ALLOWANCE OF. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , as administrator of 
 
 deceased, shows to the court that, as administrator of , 
 
 deceased, in the control and management of the land of , 
 
 his intestate, he has spent a great deal of time and labor in 
 (state the nature and extent of the services) ; that the commis- 
 sion allowed by law will not be sufficient compensation for such 
 services, and he prays the court to allow him such extra com- 
 pensation for the services as may be just and proper. 
 
 Administrator of 
 
 Came into open court , administrator of
 
 252 ADMINISTRATORS AND EXECUTORS 
 
 deceased, and being duly sworn, says the 
 
 above facts are true. 
 
 Administrator of 
 
 Sworn to in open court before me, this 
 
 day of , 19 
 
 , Ordinary. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 The application of , administrator of 
 
 deceased, for extra compensation for managing the lands of 
 
 estate, being before the court, and the proofs 
 
 being made to the court of the nature and extent of these services, 
 
 it is ordered by the court that said , administrator 
 
 of , deceased, be allowed for his services the 
 
 sum of dollars per annum, dating from 
 
 death. 
 
 , Ordinary. 
 
 COMMISSIONS; FORFEITURE. 4069. 
 
 Georgia, County. 
 
 To the Ordinary of said County : 
 
 The petition of , administrator of , 
 
 deceased, shows that he was actually prevented from making 
 his annual return for 19. . . ., at the time required by law, on 
 
 the estate of , deceased, because of , 
 
 and prays an order of the court to save him from forfeiture of 
 the commission on this return so omitted, and which he has 
 inade now at the first opportunity given him. 
 
 Administrator. 
 
 I.;.' ; ,19.... 
 
 Came into open court , administrator of 
 
 , deceased, and being duly sworn, says the facts 
 
 stated in said petition are true. 
 
 Administrator of 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ,...,..,,..., Ordinary.
 
 ADMINISTRATORS AND EXECUTORS 253 
 
 ORDER RELIEVING ADMINISTRATOR. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 The petition of , administrator of , 
 
 deceased, to be saved by special order of this court from for- 
 feiture commission, for not making his annual returns in 19. . ., 
 at the time required by law, being read and considered by the 
 court, and the same being shown to the court to be true, it is 
 therefore ordered that he be allowed his commission on the re- 
 turns, which he failed to make at the proper time, in 19. . . ., 
 but has since made, and that he shall be exempt from forfeiture 
 of commission for not making his annual returns in 19. . . ., 
 at the time required by law. 
 
 , Ordinary. 
 
 FINAL RETURN. 
 
 In account with estate of . . . . , 
 
 DR. 
 To cash from. 
 
 OR. 
 By cash paid. As per voucher No. 1. 
 
 Administrator of , deceased. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary.
 
 254 ADMINISTRATORS AND EXECUTORS 
 
 ORDER ALLOWING FINAL RETURN. 
 
 Court of Ordinary, County. 
 
 Chambers, 19. ... 
 
 The within return and its vouchers, having been carefully 
 examined and found correct, and having remained on file in 
 office for thirty days, and no objection filed thereto, the same 
 is allowed ; and it is ordered that said return, together with its 
 vouchers, be recorded as the law requires. 
 
 , Ordinary. 
 
 Account and settlement: Citation to account only pleading necessary. 
 
 71/11 (2); 142/257 (82 S. E. 651). Answer of administrator to 
 
 petition for, not objectionable because no schedule of returns 
 
 attached thereto. 113/824 (3) (39 S. E. 291). 
 Returns of administrators must be under oath. 137/516 (6) (73 
 
 S. E. 747). 
 
 VI. SUITS BY OR AGAINST ADMINISTRATORS. 
 
 $4081-4088. 
 
 PLEAS OF ADMINISTRATOR. 
 
 UNQUES ADMINISTRATOR. 4086. 
 
 vs. 
 
 as administrator of the estate 
 of. 
 
 .In Superior Court 
 
 Term, 19 
 
 And now comes the defendant in the above-stated case, and 
 for plea says : that he is not now, nor has ever been, executor of 
 the last will and testament (or the administrator of the estate) 
 
 of , deceased. And of this he puts himself 
 
 upon the country. 
 
 Defendant's Attorney.
 
 ADMINISTRATORS AND EXECUTORS 
 PLENE ADMINISTEAVIT. 4086. 
 
 255 
 
 vs. 
 
 In Superior Court 
 
 Term, 19 
 
 as administrator of the estate 
 of, 
 
 And now comes the defendant in the above-stated case, and 
 
 for plea says, that as the administrator of the estate of , 
 
 deceased, after more than twelve months had elapsed from the 
 date of his letters of administration upon the estate of said de- 
 ceased (notice within the said twelve months having been given 
 to creditors of said deceased, in terms of the law to present such 
 claims or demands as they or any of them had against said estate 
 as required by law), and before any notice of the claim sued on 
 in this case was given to this defendant, as the administrator 
 of said deceased, he has fully administered all of the assets of 
 said estate that came into his hands, by collecting the same 
 together, paying the just debts due by said estate, and the costs 
 of administration, and making distribution among the distribu- 
 tees of said estate, of the remainder, according to law. And of 
 this he puts himself on the country. 
 
 Defendant's Attorney. 
 
 PLENE ADMINISTRAVIT PRAETER. 4086. 
 
 as administrator of the estate 
 of. 
 
 In Superior Court 
 
 .Term, 19 
 
 And now comes the defendant in the above-stated case, and 
 
 for plea says, that as the administrator of the estate of , 
 
 deceased, he has fully administered said estate, according to 
 law except as to the following property, to wit: (Here describe 
 the property or money still in hand to be administered), and 
 that since lie had notice of plaintiff's demand, he has had none 
 other of the property or effects belonging to said estate in hand
 
 256 ADMINISTRATORS AND EXECUTORS 
 
 to be administered than the property or effects hereinbefore set 
 forth. And of this he puts himself upon the country. 
 
 Defendant's Attorney. 
 
 PLEA OF STATUTE OF LIMITATIONS. 
 
 In Superior Court 
 
 as administrator of the estate lerm, 1 
 
 of 
 
 Now comes the defendant in the above named and stated 
 case, and for plea and answer therein, says: 
 
 That said suit is barred by the statute of limitations for the 
 
 reason that the note sued on is dated the day of , 
 
 19. . . ., and due on the day of , 19. . . . ; and 
 
 defendant's intestate died on the day of , 19. . . ., 
 
 and letters of administration were granted to this defendant on 
 
 the day of , 19 . . . . ; and that counting out the 
 
 time from the death of the intestate up to the time of the grant- 
 ing of letters of administration and the twelve months thereafter 
 from which this defendant was relieved from suit, more than 
 six years elapsed from the time said note became due, up to the 
 time of the filing of this suit ; and 'defendant pleads the statute 
 of limitations against the claim of plaintiff. 
 
 Defendant's Attorney. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , as administrator of the estate of , 
 
 deceased, and being duly sworn, on oath, says that the facts and 
 things set forth in the foregoing plea are true. 
 
 Administrator of , deceased. 
 
 Sworn to and subscribed before me this 
 
 day of , 19 
 
 , J. P. 
 
 [NOTE: This plea can be made to meet an account or any other 
 form of indebtedness, where the statute of limitations would lie under 
 the law.]
 
 ADMINISTRATORS AND EXECUTORS 257 
 
 PLEA OF REVOCATION OF LETTERS. 4086. 
 
 vs. 
 
 Superior Court 
 .Term, 19 
 
 as administrator of the estate 
 
 of 
 
 And now comes the defendant in the above stated case and 
 for plea says that pending the present action, his letters of 
 
 administration were revoked by the court of ordinary of 
 
 county upon due and legal order passed by said court on the 
 
 day of , 19. . . ., and the administration of 
 
 said estate committed to another, to wit, to , to 
 
 whom all the assets of said estate which came into defendant's 
 hands have been delivered. And of this he puts himself upon 
 the country. 
 
 Defendant's Attorney. 
 JUDGMENT AGAINST ADMINISTRATOR. 4088. 
 
 vs. 
 
 In Superior Court 
 
 as administrator of lerm, 1.9. . . . 
 
 deceased 
 
 In the above named and stated case, the jury having found a 
 
 verdict in favor of the plaintiff for the sum of 
 
 dollars and cents, and costs of suit ; 
 
 It is considered, ordered and adjudged that the plaintiff, 
 
 , do recover of the defendant, , as 
 
 administrator of the estate of , deceased, the sum of 
 
 dollars, for principal debt, and 
 
 dollars interest to judgment, with interest on the principal debt 
 
 from this date at the' rate of per cent, per annum; and 
 
 dollars costs of suit, to be levied on the goods, 
 
 lands and tenements in the hands of the said , 
 
 as administrator of , deceased, if to be found, and 
 
 if not to be found, then of the lands, goods and tenements of 
 the said , administrator. 
 
 Judgment entered up this day of , 19. ... 
 
 Attorneys for Plaintiff.
 
 258 ADMINISTRATORS AND EXECUTORS 
 
 JUDGMENT WHERE PLEA OF NE UNQUES, PLENE ADMINIS- 
 
 TEAVIT OR PLENE ADMINISTRAVIT PRAETOR Is FILED 
 
 AND FAILS. 4088. 
 
 (State the case.) 
 
 Whereupon, it is considered, ordered and adjudged by the 
 
 court that the plaintiff do have and recover of 
 
 as the administrator of , deceased, 
 
 the sum of dollars and cents, as principal, 
 
 '. dollars and cents interest to judgment, and 
 
 dollars and cents for costs of suit, to be 
 
 levied, in the first instance of the goods and chattels, lands and 
 
 tenements of the said , deceased, if to be found, 
 
 and if not to be found, then of personal goods and chattels, 
 lands and tenements of the said 
 
 This day of , 19 
 
 Plaintiff's Attorney. 
 
 JUDGMENT QUANDO ACCIDERINT. 4088. 
 
 (State the case.) - 
 
 Whereupon, it is considered, ordered and adjudged by the 
 court here that the plaintiff do have and recover of the de- 
 fendant the sum of dollars for his principal debt, 
 
 the sum of dollars for his interest up to this date, 
 
 and the sum of dollars for his costs and charges, 
 
 in this behalf laid out and expended ; to be levied as to the sum 
 
 of dollars, of the goods and chattels, lands and 
 
 tenements of the testator [or intestate] now in the hands of the 
 defendant, to be administered, and as to the balance, to be levied 
 of the goods and chattels, lands and tenements of the testator 
 [or intestate] which shall hereafter come to the hands of the 
 defendant to be administered. 
 
 This day of , 19 
 
 Plaintiff's Attorney.
 
 JUDGMENT WHERE PLEA OF PLENE ADMINISTRAVIT Is 
 SUSTAINED. 
 
 (State the case.) 
 
 Whereupon, it is considered, ordered and adjudged by the 
 
 court that the plaintiff, , do have and recover of 
 
 the defendant, , as the administrator of , 
 
 deceased, the sum of dollars and cents prin- 
 cipal, dollars and cents interest to judgment, 
 
 and .*. .dollars and cents for costs, to be levied 
 
 of the goods and chattels, lands and tenements of the said 
 
 , deceased, that may hereafter come into the 
 
 hands of.' , administrator, to be administered. 
 
 This day of , 19 
 
 Plaintiff's Attorney. 
 
 Descriptio personae. "Administrator" or "executor" after name, treated 
 as descriptio personae, when and when not. 54/537; 69/289; 116/8 
 (42 S. E. 381); 117/788 (45 S. B. 61), 842 (1) (45 S. E. 221); 
 121/773 (2) (49 S. E. 782); 138/751 (76 S. E. 49); 140/326, 330 
 (78 S. E. 912); 143/214 (84 S. E. 538), 721 (85 S. E 1 . 895); 145/616 
 (89 S. E. 689) ; 13 App. 504, 505 (79 S. E. 480), 744 (79 S. E. 746). 
 See Code, 3570. 
 
 Plene administravit filed in suit by "administrator" is plea by him as 
 an individual. 117/842 (45 S. EL 221). Plea which fails to allege 
 that administrator did not have notice of claim when estate admin- 
 istered, is insufficient. 121/773 (49 S. E. 782). 
 
 VII. DISMISSION, RESIGNATION AND REMOVAL. 
 
 3978-3982, 4089-4100. 
 
 REMOVAL OF ADMINISTRATOR. 
 
 APPLICATION BY NEXT OF KIN FOR REMOVAL OF 
 ADMINISTRATOR. 
 
 Georgia, County. 
 
 To the Court of Ordinary of said County : 
 
 Petition of shows that , adminis- 
 trator of the estate of , late of said county, deceased, 
 
 is unfit for the trust reposed in him, because the said
 
 260 ADMINISTRATORS AND EXECUTORS 
 
 administrator, wastes and mismanages the estate of the said 
 in this (State the particulars of such mismanage- 
 ment, or specifically state some other ground set forth in Code, 
 3978). Petitioner shows that he is interested in said estate, 
 being a distributee thereof. 
 
 Wherefore petitioner prays the court to pass an order citing 
 said administrator to answer said charge at the regular term 
 of the court, and that upon the hearing of his returns the court 
 in its discretion do revoke the letters of administration of the 
 
 said , as administrator as aforesaid. 
 
 This day of 19 
 
 Petitioner. 
 
 RULE NISI. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 , as heir at law of , having 
 
 filed his petition in due form charging , adminis- 
 trator of , deceased, with mismanagement of 
 
 estate, in this : (State the irregularity) 
 
 and said having proved to the satisfaction of this 
 
 court that there is sufficient ground to issue a rule nisi, therefore 
 
 it is ordered that said , as such administrator of 
 
 , deceased, show cause at the next term of this 
 
 court why he should not be removed from his administration on 
 
 account of such mismanagement, and that a copy of said rule 
 
 be served on him ten days before the next term of said court. 
 
 . . . , Ordinary. 
 
 ANSWER TO RULE. 
 
 Court of Ordinary. 
 
 Term, 19. ... 
 
 And now at this term comes , administrator 
 
 of , deceased, and for answer to a rule nisi taken 
 
 against him at the last term of the court, at the instance of 
 
 , an heir at law of , says that the 
 
 facts stated in said petition, on which said rule nisi
 
 ADMINISTRATORS AND EXECUTORS 261 
 
 is founded, are not true, and that said nisi ought to be discharged 
 at the cost of said . . 
 
 Administrator of. 
 
 ORDER TO DISCHARGE RULE. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 The rule nisi issued against , administrator 
 
 of , deceased, having been served, and the same 
 
 coming on for a hearing, and proof having been submitted by 
 both parties thereto, ordered that said rule nisi be discharged 
 at the cost of said petitioner. 
 
 , Ordinary. 
 
 ORDER TO REVOKE LETTERS. 
 
 Court of Ordinary. 
 
 Term, 19 
 
 A rule nisi having been taken against , adminis- 
 trator of , deceased, at the instance of , 
 
 heir at law, calling upon him to show cause why said , 
 
 as such administrator, should not be removed from his adminis- 
 tration of estate, on the ground set forth in said 
 
 rule nisi ; and it appearing that said rule has been duly served, 
 
 and that said , administrator of , 
 
 deceased, from the proofs submitted by both parties, has been 
 
 guilty of the mismanagement charged against him by , 
 
 therefore it is ordered by the court that the letters of 
 
 as such administrator, be revoked. 
 
 This day of , 19 
 
 , Ordinary. 
 
 FINAL SETTLEMENT CITATION OF ADMINISTRATOR TO. 4073. 
 
 PETITION TO CITE ADMINISTRATOR TO A SETTLEMENT OF 
 His ACCOUNT. 
 
 Georgia, County. 
 
 To the Court of Ordinary of said County : 
 
 The petition of , of.
 
 262 ADMINISTRATORS AND EXECUTORS 
 
 shows that at the term, 19. . . ., letters of administra- 
 tion were granted by the Court of Ordinary of said county to 
 
 on the estate of ; that more than 
 
 one year has expired from the grant of said letters of adminis- 
 tration to ; that said administrator has sold out 
 
 the estate of and has paid all his debts, and your 
 
 petitioner (as one of the next of kin of the deceased intestate) 
 is entitled to his share of said estate; so in order to ascertain 
 
 the same your petitioner prays that a settlement of 
 
 account as administrator may be had at the term 
 
 of the Court of Ordinary for said county, to be held 
 
 day of , 19. . . ., and that citation issue to said 
 
 administrator requiring him to be then and there present and 
 
 make a full settlement of the estate of in his 
 
 hands as administrator, as said court will then 
 
 and there make an account of the estate of in his, 
 
 the hands of , his administrator. 
 
 of , Deceased. 
 
 RULE 
 
 Georgia, ............ County. 
 
 At Chambers, this ..... day of ......... , 19. ... 
 
 The foregoing petition of ................ , heir at law of 
 
 ................. , for a settlement of the administration of 
 
 ............ , as administrator of the estate of ............ , 
 
 deceased, at the ........ term of the Court of Ordinary of said 
 
 county, having been duly filed, and it appearing to be just and 
 proper, it is ordered that a citation issue to said ............ , 
 
 as such administrator, to be and appear at ........ term of said 
 
 court and make a full settlement of his administration of the 
 estate of ............ , deceased, and that this order operate 
 
 as the citation required, when a copy of the same and petition 
 are served on ............ ten days before the ......... term 
 
 of said Court of Ordinary. 
 
 ........................... , Ordinary. 
 
 ORDER APPROVING SETTLEMENT. 
 
 Court of Ordinary for the county of 
 
 State of Georgia, Term, 19 .... 
 
 It appearing to the court at this term at which
 
 ADMINISTRATORS AND EXECUTORS 263 
 
 was duly cited by an order passed at the term, 19. . . ., 
 
 of said court, and served on him, to appear and settle the estate 
 
 of in his hands as administrator, that there is due 
 
 the said , as appears from an accounting by said 
 
 , the sum of dollars ; it is, therefore, 
 
 ordered that said settlement so made by at this term 
 
 be, and is, hereby adjudged as correct, and that the same be 
 recorded upon the minutes of this court; and it is further 
 
 ordered that as of 
 
 recover of said , as such administrator of , 
 
 said sum ; and it appearing that said has in his 
 
 hands the following property of estate, which, on 
 
 the close of his administration belongs to (here 
 
 describe it), it is ordered that he deliver up the same within 
 
 ten days from this time to 
 
 , Ordinary. 
 
 ORDER TO Snow CAUSE WHY THE ADMINISTRATOR SHOULD 
 BE ATTACHED FOR DISOBEDIENCE TO SAID ORDER. 
 
 Georgia^ County. 
 
 Court of Ordinary, Term, 19 .... 
 
 It being shown to the court that , as administrator 
 
 of , deceased, has not complied with the order 
 
 passed at the term, 19. . . ., of this court, upon an 
 
 accounting and settlement of estate, to surrender 
 
 to of the following property (here 
 
 describe it), set forth in said order, it is ordered that said 
 
 , as such administrator, appear before me at 
 
 the term, 19. . . ., of said Court of Ordinary, and 
 
 show cause, if any he can, why he should not be attached for 
 contempt in not obeying the order aforesaid, and that a copy of 
 
 this order be served on him ten days before said. 
 
 term, 19. . . ., of said court. 
 
 , Ordinary. 
 
 FINAL RECEIPT OF DISTRIBUTEE. 
 
 Georgia, County. 
 
 Received this day of , 19 . . . . , of 
 
 , administrator of , deceased, late of 
 
 said county, dollars, in full, entire and complete
 
 264 ADMINISTKATOES AND EXECUTORS 
 
 satisfaction of all the above right, claim, interest, property or 
 demand I now have, or might have, in and upon the estate, real 
 
 and personal, of said , deceased. And said 
 
 , administrator, as aforesaid, of any and all 
 
 further claim on my part against said estate. 
 
 In witness whereof I have hereunto set my hand and affixed 
 my seal, the day and year above written. 
 
 [L. S.]. 
 
 of , Deceased. 
 
 Signed, sealed and delivered in presence 
 of 
 
 ., J. P. 
 
 REFUNDING BOND. 4060, 4080. 
 
 Georgia, County. 
 
 Know all men by these presents that we, 
 
 and , his securities, are bound to , 
 
 administrator of , late of said county, deceased, 
 
 in the sum of dollars, for the payment of which 
 
 we bind ourselves and our heirs jointly and severally. 
 
 Signed and sealed this day of , 19. ... 
 
 The condition of the above bond is this, that whereas 
 
 , administrator of , has through proper 
 
 persons appointed by the Court of Ordinary divided amongst 
 
 the several distributees of estate, his , 
 
 and said has received from , as 
 
 administrator of , deceased, his distributive share, 
 
 it being ; now, should said pay his 
 
 part of any debt and claims which may be hereafter established 
 
 against said , as administrator of , 
 
 deceased, then this bond to be void; else remain in full force. 
 
 , Principal. [L. S.] 
 
 , Security. [L. S.] 
 
 Executed in the presence of, and approved 
 
 by me, this day of , 19. ... 
 
 , Ordinary.
 
 ADMINISTRATORS AND EXECUTORS 265 
 
 DISMISSION AND RESIGNATION. 4089-4100. 
 
 PETITION FOR DISCHARGE OF ADMINISTRATOR. 4089. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , administrat. . .of , 
 
 deceased, shows that he has fully discharged all the duties of 
 such administrat. . . ; that he has paid all the debts of his intes- 
 tate ; has turned over the residue on his books 
 
 to the lawful heirs of ; he, therefore, prays the 
 
 usual* citation may issue, requiring all persons interested to 
 show cause, if any they can, why he should not be discharged 
 from his administration, and while such citation is running, 
 his proceedings as such administrator may undergo a thorough 
 revision by this court. 
 
 This day of , 19 
 
 Administrator. 
 
 ORDER OF CITATION. 
 
 Georgia, County. 
 
 Court of Ordinary. 
 Term, 19 
 
 The petition of , as administrator of , 
 
 deceased, having been filed, setting forth that he has fully 
 
 administered as administrator of , deceased, 
 
 late of said county, all the property and effects of said deceased, 
 according to law, and praying for letters of dismission as such 
 administrator ; 
 
 It is ordered that citation issue and be published according to 
 law, notifying the heirs at law and the creditors of the said 
 
 deceased to be and appear at the term of this 
 
 court, and show cause, if any they have or can, why the prayer 
 of said petition should not be granted. 
 
 Ordinary.
 
 266 ADMINISTRATORS AND EXECUTORS 
 
 CITATION. 
 
 Georgia, County. 
 
 , administrat. . .of , deceased, 
 
 represents to the court in his petition, duly filed and entered on 
 
 record, that he has fully administered estate. 
 
 This is, therefore, to cite all persons concerned, kindred and 
 creditors, to show cause, if any they can, why said administrat . . 
 should not be discharged from his administration, and receive 
 
 letters of dismission, on the first Monday in , 19 .... 
 
 , Ordinary. 
 
 ORDER OF DISMISSION. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 It appearing to the court that the citation for a discharge 
 
 from his administration of estate, has been duly 
 
 issued and published, and it also appearing to the court from 
 
 a thorough examination of all the proceedings of said 
 
 administrat. . .of estate, that he has fully and 
 
 faithfully administered said estate, and is legally entitled to a 
 discharge from his administration, and no sufficient objection, 
 being offered to his dismission, this court orders that he be dis- 
 charged from his administration of estate, and 
 
 that letters of dismission issue to him accordingly. 
 
 Ordinary. 
 
 LETTERS OF DISMISSION FROM ADMINISTRATION. 
 
 Georgia, County. 
 
 By the Honorable the Ordinary of said County. 
 To all whom these presents shall come or be made known 
 Greeting : 
 
 Whereas , administrat. . .of the estate of 
 
 , deceased, has made application for the dismis- 
 sion thereof; and on examination of the inventory and return 
 
 of said estate having found all and singular the 
 
 property of said estate, which came to the hands of said ,
 
 ADMINISTRATORS AND EXECUTORS 267 
 
 well and truly administered, as appears by the vouchers lodged 
 in office, and citation having issued in terms of the law, calling 
 on those interested to file exceptions, if any they had, why the 
 said should not be dismissed from such adminis- 
 tration; and no sufficient objection having been filed, and the 
 Court of Ordinary of said county having at its regular term on 
 
 the day of , 19. . . . , by order, discharged said 
 
 from said administration, and ordered letters of 
 
 dismission to issue : 
 
 We do, therefore, in pursuance of the powers vested in us, 
 and by virtue of said order, issue these letters of dismission 
 
 from the administration aforesaid, to the said to 
 
 show his discharge whenever he may be called in question. 
 
 Given under my hand and seal of office this day 
 
 of.. . 19.. 
 
 Ordinary County. 
 
 REMOVAL OF ADMINISTRATION FOR FAILURE TO GIVE BOND. 
 $3949-3951. 
 
 Georgia, County. 
 
 To the Court of Ordinary of said County : 
 
 The petition of shows that , 
 
 administrator of the estate of , late of said 
 
 county, deceased, was appointed administrator of said estate, 
 and is acting as such without having been required to give bond, 
 with good and sufficient security conditioned for the faithful 
 discharge of his duty as such administrator as required by law. 
 Petitioner is interested in said estate, being a distributee thereof. 
 
 Petitioner names , of said county, as a fit and 
 
 proper person who is willing to take the administration and, 
 give bond and security. 
 
 Wherefore petitioner prays the court to pass an order requir- 
 ing said , as administrator as aforesaid, to give 
 
 bond, in a sum equal to double the amount of the said estate, 
 payable to the Ordinary for the benefit of all concerned, and 
 conditioned for the faithful discharge of his duty as such admin- 
 istrator, and in default thereof that he be removed from his 
 trust as administrator for the said estate. 
 
 This day of , 19 
 
 , Petitioner.
 
 268 ADMINISTRATORS AND EXECUTORS 
 
 RULE NISI. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 , having filed his petition to this the 
 
 term of said court alleging that , the administrator 
 
 of the estate of , deceased, has been appointed 
 
 administrator of said estate, and is acting as such, without 
 having been required to give bond and security in terms of the 
 
 law, and praying that said be required to give 
 
 bond and security, or in default thereof that he be removed from 
 the administration of the said estate; it is ordered that he be 
 served with a copy of said petition ten days before the time of 
 
 hearing, and that he show cause on the day of , 
 
 19. . . ., if any he has or can, why he should not give bond and 
 security in terms of the law, or in default thereof be removed 
 from the administration of said estate. 
 
 This day of , 19 
 
 , Ordinary. 
 
 ORDER OF REMOVAL. 
 
 (NOTE: The order of removal should state the facts and require the 
 giving of the bond at a time within 15 days, or in default, that he be 
 removed. See 3951.) 
 
 RESIGNATION OF ADMINISTRATOR. 4095. 
 
 PETITION TO BE ALLOWED TO RESIGN. 4095. 
 
 Georgia, County. 
 
 To the Honorable , Ordinary of said County : 
 
 The petition of respectfully shows that on the 
 
 day of , 19. . . ., he was appointed by the 
 
 Court of Ordinary for said county as administrator upon the 
 
 estate of , late of said county, deceased; that he 
 
 qualified accordingly and entered upon the discharge of the 
 duties of said trust, and that he has continued to act as adminis- 
 trator as aforesaid until now. 
 
 Petitioner has not yet fully administered upon said estate, 
 but he desires to resign his said trust because (state the reason
 
 ADMINISTRATORS AND EXECUTORS 269 
 
 for desiring to resign). Petitioner names as 
 
 a suitable person qualified and entitled, and willing to accept 
 the trust. 
 
 The next of kin of said intestate are and 
 
 Wherefore petitioner prays that citation may issue to said 
 
 and to said next of kin, to appear and show cause 
 
 why said order should not be granted. 
 
 this day of ,19 
 
 , Administrator. 
 
 Read and considered. Let citation issue as prayed. 
 
 This day of , 19 
 
 , Ordinary. 
 
 CITATION. 
 
 Georgia, County. 
 
 , administrator upon the estate of , 
 
 late of said county, deceased, having filed his petition to be 
 
 allowed to resign his said trust, this is to cite and 
 
 the next of kin of the intestate, to wit, , to show 
 
 cause before the Court of Ordinary for said county, on the first 
 
 Monday in , 19. . . ., why an order allowing 
 
 such resignation should not be granted, and 
 
 appointed in his stead. 
 
 This day of , 19 
 
 , Ordinary. 
 
 OKDER FOR LETTERS OF DISMISSION TO ISSUE. 
 
 Georgia, County. 
 
 By the Court of Ordinary for Said County. 
 
 Whereas, , administrator upon the estate of 
 
 , deceased, applied for leave to resign his trust 
 
 as administrator, as aforesaid, on account of (State the reason 
 for resigning). And whereas, it appears that the petitioner has 
 given the notice required by law. And it appearing that it will 
 be to the interest of said estate that said administrator should 
 lie allowed to resign. It is, therefore, ordered, that said admin- 
 istrator and his securities be discharged from all further liability 
 after having fairly settled his accounts with his successor and 
 filed with the said Ordinary the receipt in full of such successor.
 
 270 ADMINISTRATORS AND EXECUTORS 
 
 And it is further ordered that the usual commissions be allowed 
 the said retiring administrator up to this date ; and that after 
 settlement with his successor, letters of dismission do issue to 
 said administrator, according to law. 
 
 Ordinary. 
 
 BOND OF SUCCESSOR. 
 
 Georgia, County. 
 
 We, , as principal, and , as 
 
 security, both of the county and State aforesaid, acknowledge 
 
 ourselves held and bound unto ., Ordinary of 
 
 said county, for the benefit of all concerned, in the sum of 
 dollars, subject to the following condition: 
 
 The condition of the above obligation is as follows : Whereas 
 
 , late administrator of the estate of , 
 
 has resigned his- trust. And whereas, said has 
 
 been appointed administrator, as successor of said 
 
 (who has adjusted, with the Ordinary, his accounts, touching 
 
 his administratorship). Now, should the said 
 
 faithfully discharge his duties as such administrator, as required 
 by law, this obligation to be void ; otherwise of full force and 
 effect. 
 
 Signed with our hands and sealed with our seals, this 
 
 day of , 19 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 by me, this day of 1 9 .... 
 
 Ordinary. 
 
 IX. FOREIGN EXECUTORS AND ADMINISTRA- 
 TORS. 3880, 4101-4105. 
 
 Certificate of judge to letters of foreign administrator must show that 
 he presided in the court from which the record comes; clerk's 
 certificate to this effect not sufficient. 118/874 (2) (45 S. E. 672).
 
 AFFIDAVITS 271 
 
 AFFIDAVITS. 
 
 (NOTE: The proper affidavits in the different proceedings will be 
 found under the proper heads in this volume.) 
 
 ORDINAKY AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , the subscriber, who, being duly sworn, on 
 
 oath says that (Here state what particular matter is desired to 
 be set out as facts.) 
 
 Sworn to and subscribed before me, this 
 
 day of ,19 
 
 ., J. P. 
 
 [NOTE: Attention is called here to the duty of an officer taking an 
 affidavit to swear the witness at the time that he signs the jurat. A 
 proper way to do this is to say to the affiant, having him to hold up 
 his hand: "You do solemnly swear that the facts stated in this affidavit 
 are true, so help yon God." 
 
 An affidavit taken by administering the oath, "You do solemnly swear 
 that the facts stated in his affidavit are true to the best of your knowl- 
 edge and belief," is not a sufficient compliance with the law. For a 
 party to sign an affidavit and the officer to simply sign the jurat, is not 
 the taking of an affidavit in the proper form. The affiant could not be 
 convicted of perjury on it and on such trial he would be allowed to 
 show that he did not swear to the affidavit. However, where the officer 
 signs the jurat, the presumption is that the proper oath was admin- 
 istered. 
 
 If the affidavit is to be used in a judicial proceeding, it is best to 
 state the case at the beginning. This is absolutely necessary in cases 
 of injunction before the affidavit can be used. In a case of injunction 
 the affidavit should be in the following form:] 
 
 INJUNCTION. 
 
 {Application for injunction and 
 relief. In Superior 
 Court, Term, 19. .. 
 
 Personally came before the undersigned attesting officer 
 
 , who, being duly sworn, on oath says that he 
 
 makes this affidavit to be used as evidence for tin- plaintiff on 
 the hearing, whenever it may be, of the injunction applied for
 
 272 APPEALS 
 
 before the Judge of the Superior Court in the above named and 
 stated case, and that (Here set out the evidence of the witness 
 fully and explicitly). 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , J. P. 
 
 Administration of oath is necessary. 94/461 (19 S. E. 247); 14 App. 30 
 (79 S. E. 930), 294 (80 S. E. 728), 314 (80 S. E'. 724). 
 
 Attorneys, authority. 4955. Attorney making affidavit must do so in 
 his own name, and not by signing name of client. 142/200 (82 
 S. E. 563). 
 
 "Best of his knowledge and belief," commits affiant to almost nothing. 
 77/256 (3 S. E. 10). "Best of his knowledge and belief" does not 
 supply place of positive statement of actual facts where such state- 
 ment is necessary. 15 App. 293, 300 (82 S. E. 942). 
 
 In forma pauperis. Since Act of 1897 (p. 32), use of word "or" instead 
 of "and" makes affidavit fatally defective. 107/235 (33 S. E. 48); 
 111/838 (36 S. E. 99); 113/129 (38 S. E. 303); 114/349 (40 S. E. 
 241). 
 
 "Intituled in the cause," affidavit not being, rejected when. 97/399 
 (23 S. E. 823). 
 
 Proxy: Swearing is personal, can not be done by proxy. 142/200 (82 
 S. E. 563). 
 
 APPEALS. 4998-5018. 
 
 APPEAL AND BOND FROM JUSTICE COURT. 
 
 vs. 
 
 Suit on note in Justice 
 
 Court of the District, 
 
 G. M., of County. 
 
 Term, 19 , and 
 
 judgment for plaintiff for 
 
 $ , principal debt, 
 
 with interest and costs, on 
 day of ,19... 
 
 Now conies the defendant in the above named and stated 
 case, and being dissatisfied with the judgment rendered against 
 him therein, and first having paid all costs that have accrued 
 in said case, on this the day of , 19. . . .,
 
 APPEALS 273 
 
 enters this his appeal to a jury in the Superior Court, within 
 the time prescribed by law, and brings .......... , as security, 
 
 and they, .............. , as principal, and ............. , 
 
 as security, hereby acknowledge themselves held and firmly 
 bound jointly and severally unto the plaintiff, ............. , 
 
 for the eventual condemnation money in said case. 
 
 Signed with our hands, and sealed with our seals, this ...... 
 
 day of ............... , 19 ____ 
 
 ..................... Principal [L. S.] 
 
 ..................... Security [L. S.] 
 
 Executed in the presence of and approved 
 by me, this ..... day of ........ , 19. ... 
 
 ' 
 
 I hereby certify that the appellant, ................ , has 
 
 paid all the costs that have accrued in the above named and 
 slated case, wherein the appeal is entered, bond filed and appeal 
 entered this ........ day of . . .......... , 19 .... 
 
 . J. P. 
 
 APPEAL AND BOND TO JURY IN JUSTICE COURT. 
 
 vs. 
 
 Suit on note in the Justice 
 Court of the. .... .District, 
 
 G. M., of County. 
 
 Term, 19 , and 
 
 judgment for plaintiff for 
 
 , principal debt, 
 
 with interest and costs, on 
 the day of ,19... 
 
 Now comes the defendant in the above, named and stated 
 case, and being dissatisfied with the judgment rendered against 
 him therein, and first having paid all costs that have accrued 
 
 in said case, on this the day of , 19. . . ., 
 
 enters this his appeal to a jury in the Justice Court within the 
 
 time prescribed by law, and brings as security, and 
 
 they, as principal, and , as security, 
 
 hereby acknowledge themselves held and firmly bound jointly 
 
 and severally unto the plaintiff, , for the eventual 
 
 condemnation money in said case.
 
 274 APPEALS 
 
 Signed with our hands and sealed with our seals, this 
 day of ..................... ,19 ____ 
 
 Principal. 
 
 ............................ ....(L.S.) 
 
 Security. 
 
 Executed in the presence of and approved 
 by me, this ..... day of ........ , 19. ... 
 
 ............................. ,J.P. 
 
 I hereby certify that the appellant, ................. , has 
 
 paid all the costs that have accrued in the above named and 
 stated case, wherein the appeal is entered, bond filed and appeal 
 entered this ...... day of ............ , 19 .... 
 
 APPEAL IN FORMA PAUPERIS. 5010. 
 
 Georgia, County. 
 
 Suit on note in the Justice 
 
 Court of the District, 
 
 G. M., of County. 
 
 Term, 19 . . . . , and 
 
 vs. judgment rendered for 
 plaintiff for $ , prin- 
 cipal, besides with interest 
 
 and costs, on day of 
 
 ,19.... 
 
 In the above named and stated case, comes now . , 
 
 the defendant, and being dissatisfied with the judgment against 
 
 him, enters on this the day of , 19 . . . . , his 
 
 appeal in said case to a jury in the superior court, and being 
 duly sworn, on oath says that he is advised and believes that he 
 has good cause of a'ppeal, and, that owing to his poverty, he is 
 unable to pay the costs or give security required in cases of 
 appeal. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 , ,J.P. 
 
 The foregoing affidavit filed and appeal entered this the 
 day of ,19 
 
 , J. P.
 
 ARBITRAMENT AND AWARD 275 
 
 Affidavit in forma pauperis must be in disjunctive. 107/235 (33 S. E. 
 
 48); 111/838 (36 S. E. 99); 113/129 (38 S. E 1 . 303); 114/349 (40 
 
 S. E. 241). 
 Amendment of bond permissible, where opposite party not prejudiced. 
 
 17 App. 446 (1-a) (87 S. E. 709). See Code, 5707. 
 Obligee's name left blank, bond good, when. 122/856 (50 S. E. 930). 
 Partner's affidavit that he enters "his appeal" is not appeal by firm. 
 
 118/514 (45 S. E. 314). 
 Proxy, affidavit can not be made by. 99/637 (26 S. E. 60); 142/200 
 
 (82 S. E, 563). 
 Statute was substantially complied with, where bond was made payable 
 
 to a named company, "in the above-stated case," referring to case 
 
 in which that company was named as plaintiff. 18 App. 616 (89 
 
 S. E. 1100). 
 
 ARBITRAMENT AND AWARD. 5019-5054. 
 
 SUBMISSION. 5021. 
 
 Georgia, -. County. 
 
 This agreement made and entered into this day 
 
 of , 19 . . . . , between , of the county 
 
 of , and , of the county of , 
 
 both of said State. 
 
 Witnesseth: That there exists between the above named 
 parties certain differences and disputes in reference to (here set 
 forth true and accurate statements of the matters in contro- 
 versy submitted, and any other matters that may be pertinent 
 to said submission) 
 
 The said contends that 
 
 The said contends that 
 
 For the purpose of satisfactorily adjusting said differences and 
 disputes, it has been agreed by the said parties that the matters 
 in dispute between them, touching the several contentions above 
 
 mentioned, be submitted to , chosen by said , 
 
 and , chosen by said , and , 
 
 selected by the aforesaid arbitrators chosen by the parties. 
 
 Let the arbitrators, after they have made up their award, 
 furnish each of the parties with a copy thereof, and return the 
 original award to the Superior Court of said county, to be en- 
 tered on the minutes of said court.
 
 276 ARBITRAMENT AND AWARD 
 
 CHOICE OF THIRD ARBITRATOR. 5032. 
 
 We, the undersigned, chosen as arbitrators by 
 
 and , under the foregoing submission, in order to 
 
 carry o.ut the same, choose, as the third arbitrator 
 
 Given under our hands and seals this. . .day of , 19. . 
 
 : [L.S.] 
 
 [L.S.] 
 
 OATHS OF ARBITRATORS. 5037. 
 
 Georgia, County. 
 
 We, and each of us, do solemnly swear that we will impar- 
 tially determine the matters of controversy existing between 
 
 and , touching , according to 
 
 law and the justice and equity of the case without favor or 
 affection to either party. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , J. P. 
 
 [NOTE. The arbitrators may administer this oath to each other, 
 5037, or subscribe same before any officer of this State qualified to 
 administer an oath.] 
 
 ORDER APPOINTING TIME AND PLACE OF HEARING. 5034. 
 
 We, the undersigned arbitrators, selected as above stated, 
 under the articles of submission as above stated by the arbi- 
 trators and by the parties, do hereby appoint as the time and 
 place for trying the matters so referred to us under the fore- 
 going submission, the day of , 19 . . . . , at . . . . , 
 
 in county, at the hour of ten o'clock a. m. 
 
 This day of ,19
 
 ARBITRAMENT AND AWARD 277 
 
 NOTICE GIVEN BY ARBITRATORS TO THE PARTIES. 5034. 
 
 Georgia, County. 
 
 To and : You are hereby notified 
 
 that the undersigned arbitrators will meet (state the time and 
 place of meeting), for the purpose of hearing and determining 
 the matters in controversy existing between you, touching. . . . 
 This.'. day of ,.., 19 
 
 Arbitrators. 
 
 [NOTE. Ten days' notice of the time and place of meeting should be 
 given to the parties (5034), unless waived by agreement, in which 
 case the order appointing the time and place, should recite, "The parties 
 now agreeing before us to the time and place above indicated and waiv- 
 ing all further or other notice."] 
 
 AWARD OF ARBITRATORS. 5046-5048. 
 
 Georgia, County. 
 
 We, the undersigned, chosen as arbitrators to decide the mat- 
 ters submitted in the foregoing articles of reference, signed by 
 
 and , being first duly sworn, having given 
 
 proper notice of the time and place of meeting, having also given 
 said matters due consideration, and heard both parties under 
 oath as to the facts of said dispute and differences, and the 
 evidence adduced, do decide and agree as follows, to wit: 
 
 (1) We find and award ." 
 
 (2) We further find and award 
 
 This day of , 19 
 
 Arbitrators. 
 
 [NOTE. Arbitrators failing to agree, any two of them may make the 
 award, and when made it has the same force and effect as if made by 
 all three of them. 5046.]
 
 278 ARBITRAMENT AND AWARD 
 
 JUDGMENT OF THE COUKT. 
 
 Superior Court, County. 
 
 Term, 19 
 
 In the matter of controversy touching , between 
 
 and ' , submitted in writing to the 
 
 arbitration of , and , 
 
 who have proceeded to make their award, and have filed the 
 same with the Clerk of this Court; it is, on motion, ordered 
 that said award be received and entered on the minutes and be 
 made the judgment of this court, and that execution issue 
 
 accordingly, and further that be allowed to enter 
 
 up judgment against. for the costs. 
 
 Judge Superior Court County. 
 
 Plaintiff's Attorney. 
 
 SUBMISSION WHEN SUIT is PENDING. 5054. 
 
 Georgia, County. 
 
 Whereas, there is pending in Superior Court 
 
 the case of against , the same being 
 
 an action of complaint, and whereas all parties are desirous of 
 settling said controversy without further litigation and delay, 
 they have hereby agreed to submit said controversies to the 
 
 judgment and award of , chosen by , 
 
 and cfrosen by , and , 
 
 chosen by the aforementioned arbitrators. When the said arbi- 
 trators shall have decided upon their award, and reduced the 
 same to writing, the same shall be returned by them, or one of 
 
 them, to the Superior Court of county, to be made 
 
 the judgment thereof, as provided by law. 
 
 This day of , 19 
 
 [NOTE. The arbitrators should make oath, and give notice to the 
 parties, as suggested in the preceding forms.]
 
 ARBITRAMENT AND AWARD 279 
 
 SUBMISSION AND AWARD. 
 
 } Complaint in Court 
 No , Term, 
 19.. 
 
 Whereupon it is ordered and adjudged by the court that the 
 award in this case be entered on the minutes of said court, and 
 
 be made the judgment thereof, and that , the 
 
 , have leave to enter up judgment against 
 
 .for the sum of dollars and 
 
 cents principal, with interest and cost of same, as found by said 
 arbitrators. 
 
 Judge Superior Court County. 
 
 Plaintiff's Attorney. 
 
 EXCEPTIONS TO AWARD. 5049. 
 
 } Arbitration and award. Award re- 
 turned to Superior Court of 
 County, 
 Term, 19 
 
 The award of the arbitrators in the above stated case having 
 been returned to the said court, and entered upon the minutes 
 
 thereof, as provided by law, now comes , one of 
 
 the parties thereto, at the term to which said award is returned, 
 and on oath says that the award was the result of accident (or, 
 mistake, or the fraud of some one of the arbitrators or is other- 
 wise illegal set out particularly the ground of exception). 
 Wherefore, deponent prays that the court shall cause an issue 
 to be made up and the same to be tried by a special jury, and 
 that the said award may be vacated or set aside, as provided 
 by law. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Judge Superior Court.
 
 280 ARBITRAMENT AND AWARD 
 
 PETITION IN ACTION ON AWARD. 
 
 ' L Award in Superior Court 
 
 Term, 19.... 
 
 The petition of shows to the court the following 
 
 facts : 
 
 (1) That on the day of .,19 , there 
 
 existed between the plaintiff and defendant, a resident of said 
 county, certain differences and disputes, touching- (state the 
 matter of controversy). 
 
 (2) On the day of , 19 , the plaintiff 
 
 and defendant mutually agreed in writing to submit the matters 
 in dispute to arbitrators. 
 
 (3) A copy of said submission is hereto attached, (or, with- 
 out attaching the copy, the plaintiff may state fully the substance 
 of the same). 
 
 (4) That under said submission arbitrators 
 
 were selected, to wit, , , 
 
 (5) That the said arbitrators, after due notice, met at the 
 time and place notified therein, and after hearing evidence, 
 rendered the following award: (Set out a copy of the award.) 
 
 (6) That the said award was made in pursuance of the 
 submission and conformed to the same in material respects. 
 
 (7) That the same was made within the time limited (if 
 there was such time), and with the formality required by the 
 submission. 
 
 (8) That the sum of dollars awarded to your 
 
 petitioner has not been paid by the defendant or any part 
 thereof, but he has wholly failed to perform the award, and the 
 plaintiff brings this action to recover the amount of said award, 
 to wit, the sum of dollars with interest and costs. 
 
 Wherefore, petitioner prays that process may issue requiring 
 the defendant to be and appear at the next term of said court 
 to answer to petitioner's complaint. 
 
 Petitioner's Attorney. 
 
 [NOTE. The form of the above petition was approved in 112/438, 440 
 (37 S. E 1 . 755).]
 
 ASSIGNMENT 281 
 
 Certainty in award is essential. 8/8; 69/100, 726; 71/860. 
 
 Clerical error disregarded, when. 117/388 (43 S. E. 726). 
 
 Misnomer in middle name of referee, not vitiate award. 81/265 (7 
 S. E'. 173). 
 
 Oath: Ground for setting award aside that oath administered to arbi- 
 trators was different from that prescribed by statute. 113/166 (38 
 S. E. 315). Oath not essential when submission under common 
 law. 113/1088 (39 S. E. 489). Exceptions to award should be 
 under oath. 59/459; see 76/692. 
 
 Petition in action on award need not set forth evidence on which award 
 was based, nor need a copy of the award be attached. 112/438 (37 
 S. E. 755). Defendant may plead that matter was not brought 
 before the arbitrators, without filing copy of testimony. 54/500. 
 
 Seal: Award of land which submission directs to be in writing need 
 not be under seal. 8/8. 
 
 Signing by umpire alone, or by umpire and one of the arbitrators, is 
 good. 73/92. 
 
 ASSIGNMENT. 3230-3248. 
 
 ARTICLES OF ASSIGNMENT. 
 
 Georgia, County. 
 
 This indenture, made this day of , 19. . . ., 
 
 between , of , in said county and 
 
 State, of the first part, and , of , 
 
 of the second part. 
 
 Witnesseth, that the said party of the first part, for and in 
 
 consideration of the sum of , to him in hand paid 
 
 by the party of the second part, the said party of the first part 
 has granted, assigned, transferred and set over, and by these 
 presents does grant, assign, transfer, set over and convey, unto 
 the said party of the second part, the following articles and 
 items of property, to wit: (here set out fully and in separate 
 items the notes, accounts, etc., and each and every item and 
 
 article of property assigned), amounting to the sum of 
 
 dollars in the aggregate, together with all the sums of money, 
 either principal or interest, which may be collected from all or 
 any of the persons, firms or corporations before mentioned, as 
 the debtors or in anywise liable to the party of tlio first part by 
 means of the said (notes, accounts, debts, balances, claims and 
 demands) as aforesaid ; hereby giving and granting to the said
 
 282 ASSIGNMENT 
 
 party of the second part, heirs and assigns, full power 
 
 and authority to ask, demand and receive, sue for and recover 
 
 to own use, the sum of dollars, with 
 
 interest thereon, and to give all necessary receipts, discharges 
 and acquittances, for the same or any part thereof. 
 
 To have and to hold the said (notes, accounts, debts, balances, 
 claims and demands) as aforesaid, unto the said party of the 
 second part, to the only proper use, benefit and behoof of the 
 said , .... heirs and assigns forever. 
 
 In witness whereof, the said party of the first part has here- 
 unto set hands and affixed seal, the day and 
 
 year above written. 
 
 [L. S.] 
 
 IL. S.] 
 
 Signed, sealed and delivered in presence 
 
 of 
 
 , J. P. 
 
 ASSIGNMENT OF LEASE. 
 
 Georgia, County. 
 
 For and in consideration of the sum of dollars, 
 
 cash in hand paid (the receipt whereof is hereby acknowledged), 
 
 I, , do by these presents assign and set over to 
 
 , of , without recourse on me, 
 
 the within lease, to the only proper use, benefit and behoof of 
 the said , his heirs, executors and administrators. 
 
 In witness whereof, I have hereunto set my hand and affixed 
 
 my seal, this day of , 19 .... 
 
 - [L. S.] 
 
 Signed, sealed and delivered in presence 
 
 of 
 
 , J. P. 
 
 No special form of words is necessary, under Code, 3653, if language 
 used shows intention of owner to transfer chose in action. 132/498 
 (64 S. B. 264); 14 App. 520 (1) (81 S. E. 595). See 17 App. 451 
 (87 S. E. 754).
 
 ATTACHMENT 283 
 
 ATTACHMENT. 5055-5126. 
 
 AFFIDAVIT. 5074. 
 
 Georgia, County. 
 
 Before me, the subscriber, a in and for said 
 
 county, , personally appeared , 
 
 and on oath says that. is indebted to him in the 
 
 sum of ^dollars, and that the said 
 
 resides out of the State (or, state any other ground of attach- 
 ment) . 
 
 Sworn to before me, this day 
 
 of ,19 
 
 , J. P. 
 
 [NOTE. It is safer to state the ground in the exact language of the 
 Code. The affidavit may be made by the party, his agent or attorney, 
 or one partner or joint creditor, and may be made before some judge 
 of the Superior Court, judge of the county court, or justice of the peace, 
 or notary public ex-officio J. P., 5056, 5058.] 
 
 BOND. 5074. 
 
 Georgia, County. 
 
 We , principal, and , security, 
 
 acknowledge ourselves bound unto in the sum 
 
 of dollars (double the debt sworn to), subject to 
 
 the following conditions: 
 
 That the said , principal, is seeking an attach- 
 ment against the said , which is now about to be 
 
 sued out, returnable to the term of the 
 
 court of the county aforesaid ; now, if the said 
 
 shall pay all damages that the said may sustain, 
 
 and also all costs that may be incurred by him in consequence 
 
 of suing out such attachment, in the event that the said 
 
 shall fail to recover in said case, then this bond to be void, 
 otherwise of full force and effect. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of the under- 
 signed, this day of 19. ... 
 
 J- P.
 
 284 ATTACHMENT 
 
 AFFIDAVIT BY ATTORNEY AT LAW. 
 
 Georgia, . County. 
 
 Before me, the subscriber, a Justice of the Peace in and for 
 
 said county, , personally appeared , 
 
 and on oath says that he is the attorney at law for 
 
 in the present proceeding, and that resides out 
 
 of the State, and that to the best of afljant's knowledge and 
 
 belief is indebted to in the sum 
 
 of. . .dollars. 
 
 Attorney at Law for, 
 Sworn to and subscribed before the under- 
 signed this day of , 19. ... 
 
 , J. P. 
 
 BOND. 
 
 Georgia, County. 
 
 We, , principal, and , security, 
 
 acknowledge ourselves bound unto in the sum 
 
 of dollars, subject to the following conditions: 
 
 That the said , principal, is seeking an attach- 
 ment against the said , which is now about to be 
 
 sued out, returnable to the term of the Superior Court 
 
 of the county aforesaid ; now, if the said shall 
 
 pay all damages that the said may sustain and 
 
 also all costs that may be incurred by him in consequence of 
 
 suing out such attachment, in the event that the said 
 
 shall fail to recover in said case, then his bond to be void, 
 otherwise of full force and effect. 
 
 Principal [L. S.] 
 
 By his Attorney at Law 
 
 .". Security [L. S.] 
 
 Executed in the presence of the under- 
 signed, this day of , 19. ...
 
 ATTACHMENT 285 
 
 WRIT OF ATTACHMENT. 5074. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs and Constables of said State : 
 
 You are hereby commanded to attach and seize so much of 
 
 the property of as will make the sum of 
 
 dollars and all costs, and also to serve such summons of garnish- 
 ment as may be placed in your hands, and that you make return 
 of this attachment, with your actings and doings entered thereon, 
 
 to the term of the Superior Court of said county, to 
 
 which court this attachment is hereby made returnable. Hereof 
 fail not. 
 
 Witness my hand and seal this. . .day of , 19. ... 
 
 [L. S.] 
 
 LEVY. 
 
 Georgia, County. 
 
 Executed the within and foregoing attachment on this date 
 
 in this county at o'clock, M., by levying the same 
 
 on , 
 
 as the property of the defendant, , and said 
 
 property being found in his possession. This day 
 
 of. ..." , 19 
 
 Sheriff. 
 
 RETURN OF OFFICER. 
 
 Georgia, County. 
 
 Executed the within and foregoing attachment on this date 
 
 in this county at o'clock,. . . .M., by serving the following 
 
 summonses of garnishment which were placed in my hands by 
 
 , J. P., to wit, one summons of garnishment 
 
 upon and one upon , being personal 
 
 upon each garnishee, and I make this my return thereof. 
 
 Sheriff.
 
 286 ATTACHMENT 
 
 ATTACHMENT FOR PURCHASE MONEY. 5083-5087. 
 AFFIDAVIT. 5085. 
 
 Georgia, County. 
 
 Personally came before me, , the undersigned, 
 
 a justice of the peace, in and for said county, , 
 
 who, being duly sworn, on oath says that is justly 
 
 indebted to him in the sum of .dollars for the 
 
 purchase price of lot of land, No in the 
 
 district and section of county, 
 
 containing forty acres, more or less, which is now in the posses- 
 sion of said ; that said debt is now due, and 
 
 affiant makes this affidavit that an attachment may issue in said 
 
 case against said for the purchase price of said 
 
 property! 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. 
 
 BOND. 5085. 
 
 Georgia, County. 
 
 We, , principal, and , security, 
 
 acknowledge ourselves bound unto in the sum 
 
 of dollars, subject to the following conditions: 
 
 That the said , principal, is seeking an attach- 
 ment against the said , which is now about to be 
 
 sued out, returnable to the term of the superior 
 
 court of the county aforesaid ; now if the said shall 
 
 pay all damages that the said may sustain, and 
 
 also all costs that may be incurred by him in consequence of 
 
 suing out such attachment, in the event that the said 
 
 shall fail to recover in said case, then this bond to be void. 
 
 (L.S.) 
 
 Principal. 
 
 .....(L. S.) 
 
 Security. 
 
 Executed in the presence of the under- 
 signed, this , 19 .... 
 
 J. P.
 
 ATTACHMENT 287 
 
 WRIT. 5086. 
 
 Georgia, County. 
 
 To All and Singular, the Sheriffs and Constables of said State, 
 Greeting : 
 
 You are hereby commanded to attach and seize for the pur- 
 pose of making the sum of dollars purchase 
 
 money and all costs, lot of land, number in the ...... 
 
 district and section of County, 
 
 containing forty acres, more or less, and at present in possession 
 
 of , defendant in attachment, and that you make 
 
 return of this attachment, with you acts and doings entered 
 
 thereon, to the term, 19. . . ., of the superior court 
 
 of said county, to which term this attachment is hereby made 
 returnable. Hereof fail not. 
 
 Witness mv hand and seal this day of , 19. ... 
 
 .' (L.S.) 
 
 RETURN OF OFFICER. 
 
 Georgia, County. 
 
 I have this day levied the within attachment upon lot of land, 
 
 No in the district and 
 
 section of County, containing forty acres, more 
 
 or less, as the property of . . , defendant, who is in 
 
 possession, and I have given him actual notice of this levy by 
 serving him personally with a copy in writing of this levy. 
 
 This , 19 
 
 Sheriff, 1 
 
 DECLARATION IN ATTACHMENT. 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 The petition of , plaintiff in attachment, 
 
 alleges as follows: 
 
 1st. That . .is indebted to him in the sum 
 
 of dollars besides interest, on a certain note 
 
 dated , 19 . . . . , and due , 19 . . . . , 
 
 a copy of which is hereto attached and marked "Exhibit A."
 
 288 ATTACHMENT 
 
 2nd. The defendant has failed and refused to pay said note 
 or any part thereof. 
 
 3rd. That said note was given as the purchase price of lot 
 
 of land, No in the district and 
 
 section of County, containing forty acres, more or 
 
 less, in the making of which trade .executed to 
 
 said a bond for title conditioned to make good 
 
 and sufficient deed upon the payment of said note. 
 
 4th. That upon the refusal of said to pay said 
 
 note, petitioner took out an attachment for the purchase money 
 
 of said lot of land on the day of , 19 . . . . , 
 
 before ., a justice of the peace of said county, 
 
 which said attachment was made returnable to the 
 
 term, 19. . . ., of superior court, and which attach- 
 ment was levied by , sheriff of said county, on 
 
 the. .... .day of , 19. . . ., upon the said described 
 
 property, and the said , sheriff, gave the said 
 
 . . actual notice of the levy of said attachment, by 
 
 serving him personally with a copy of said levy in writing. 
 
 Wherefore, petitioner files this his declaration in said attach- 
 ment and prays judgment for his said debt, interest and costs, 
 and also that said land be sold to satisfy the said debt, principal 
 and interest, and that the proceeds be applied in said way. 
 
 Attorney for Petitioner. 
 
 NOTICE TO DEFENDANT. 
 
 Georgia, County. 
 
 ' I Attachment in Superior 
 
 Court, Term, 19 .... 
 
 You are hereby notified that an attachment sued out by me 
 
 against you on the day of , 19 . . . . , 
 
 returnable to the term of the superior court of 
 
 said county, was on the day of , 19 .... 
 
 levied by , lawful sheriff of said county, on the 
 
 following property as your property, to wit: 
 
 Lot of land, Number in the district and 
 
 section of County, containing forty acres, 
 
 more or less ; that at the term of said court, the same
 
 ATTACHMENT 289 
 
 being the term to which said attachment was made returnable, 
 a declaration was filed as required by law, and the said attach- 
 ment is now pending in said court. This , 19. ... 
 
 By his Attorney at Law, 
 
 [NOTE. Make out original and copy of this notice given to the 
 sheriff; have him serve the defendant in attachment with the copy; 
 make the following entry on the original, and return the original to 
 the clerk of the superior court, where it shall be filed.] 
 
 Georgia, County. 
 
 I have this day served the defendant in attachment, 
 
 , personally, with a true copy of the within notice. 
 
 This , 19 
 
 Sheriff. 
 
 RETURN OF OFFICEE. 
 
 Georgia, County. 
 
 I have this day levied the within judgment upon lot of land, 
 
 Number in the district and section 
 
 of County, containing forty acres, more or less, as 
 
 the property of , defendant, who is in possession, 
 
 and I have given him personal and actual notice of this levy 
 this day in writing. This day of , 19. ... 
 
 "Sheriff." 
 
 TO DEFENDANT. 
 
 Plaintiff in Attachment, 
 
 vs. 
 
 Attachment in Superior 
 
 . Court, returnable to 
 
 Term. 19 
 
 Defendant in Attachment. 
 To : 
 
 You are hereby notified that I have this day levied the above 
 named and stated attachment against you upon lot of land, 
 Number. . , .in the. . . .district and. , . . .section
 
 290 ATTACHMENT 
 
 of County, containing forty acres, more or less, 
 
 and said attachment has been made returnable to the 
 
 term, 19. . . . , of Superior Court. 
 
 This day of , 19 
 
 Sheriff. 
 
 (NOTE. It would not be necessary to put this levy upon the execution 
 docket where the plaintiff in attachment has retained the title as 
 security, but in all other cases it is necessary to enter this levy on the 
 execution or attachment docket of the clerk of the superior court 
 within ten days, in order to make the levy good against third persons. 
 See Code, 5077.) 
 
 JUDGMENT. 
 
 L Attachment in Superior 
 
 Court, Term, 19 
 
 This case coming on for a hearing, and the same being upon 
 an unconditional contract in writing, and there being no issuable 
 plea filed on oath, judgment is rendered without the interven- 
 tion of a jury, and judgment in attachment is hereby rendered 
 
 in favor of , plaintiff in attachment, against 
 
 , defendant in attachment, for the sum of 
 
 dollars, principal debt, and dollars and 
 
 cents, interest to judgment, and dollars, costs, 
 
 and lot of land, Number , in the district, and 
 
 section of county, containing forty 
 
 acres, more or less, and it is ordered that said land be sold and 
 the proceeds thereof be applied on said attachment, with the 
 
 lien of the attachment dating from ,19 It 
 
 being made to appear that the plaintiff in attachment 
 
 gave to the defendant in attachment, , notice of 
 
 the pendency of the attachment and the proceedings had thereon 
 
 on , 19. . . ., it is further considered, ordered 
 
 and adjudged that have a general judgment 
 
 against , and judgment is hereby rendered in 
 
 favor of against for the sum of 
 
 dollars, principal debt, and dollars 
 
 and. cents, interest to judgment, with 8% interest on 
 
 the principal debt from this date, and dollars,
 
 ATTACHMENT 291 
 
 costs of suit. Judgment signed this day of, 
 
 19.. 
 
 Judge of the Superior Court. 
 
 DEED OF PLAINTIFF IN ATTACHMENT TO DEFENDANT IN AT- 
 TACHMENT FOR PURPOSE OF LEVY WHERE BOND FOR TITLE 
 HAS BEEN GIVEN AND PLAINTIFF IN ATTACHMENT 
 HAS RETAINED TITLE. 
 
 Georgia, County. 
 
 This indenture made this the day of , 19. . . . , 
 
 between , party of the first part, and , 
 
 party of the second part, and each of said parties being residents 
 of county, witnesseth : 
 
 Whereas, on , 19 . . . . , 
 
 executed to , his promissory note for 
 
 dollars, with interest thereon at the rate of 8% per annum for 
 
 the purchase money of lot of land, number in the 
 
 district and section of county, and , 
 
 on , 19. . . ., took out an attachment against 
 
 the said for the purpose of collecting the said 
 
 purchase money, which said attachment has been levied by 
 
 , sheriff, of said county, upon said land, and 
 
 actual notice of said levy has been given to the said 
 
 Now, therefore, in order to enforce said attachment, and for 
 the purpose of the sale of said land, and in consideration of the 
 
 premises and in consideration of one ($1.00) dollar, 
 
 hereby sells and conveys, and by these presents does sell and 
 convey, unto the said party of the second part, his heirs and 
 assigns, all the following described property, to wit: 
 
 All that tract or parcel of land known and described upon 
 
 the land map of county as lot of land, Number 
 
 in the district and section of 
 
 county, containing forty (40) acres, more or less, with all the 
 rights, members and appurtenances thereto belonging or in any- 
 wise appertaining thereto. 
 
 To have and to hold the above described property, together 
 with all the rights and members thereunto belonging, to the said 
 party of the second part, his heirs, executors, administrators and 
 assigns forever, in fee simple.
 
 292 ATTACHMENT 
 
 And the said party of the first part, the above described 
 property, unto the said party of the second part, his heirs, 
 executors, administrators and assigns, and against all and every 
 other person or persons, shall and will warrant and forever 
 defend by virtue of these presents. 
 
 In witness whereof, the said party of the first part has here- 
 unto set his hand and affixed his seal, the day and year above 
 written. 
 
 (SEAL) 
 
 (SEAL) 
 
 Signed, sealed and delivered in the pres- 
 ence of: 
 
 ,, J. P. 
 
 ATTACHMENT AGAINST FRAUDULENT DEBTOR. 5088-5093. 
 
 Georgia, County. 
 
 To Honorable , Judge of the Superior Court 
 
 of Said County: 
 
 The petition of respectfully shows : 
 
 1st. That , of said county, is indebted to 
 
 petitioner in the sum of dollars on a certain 
 
 promissory note dated , 19 . . . . , and 
 
 due , 19 . . . . , together with interest from 
 
 date at the rate of 8% per annum, a copy of which said note is 
 hereto attached marked Exhibit "A." 
 
 2nd. That the said is threatening to conceal 
 
 his property liable for the payment of said debt for the purpose 
 of avoiding the payment of same. 
 
 Wherefore, your petitioner prays the issuance of an attach- 
 ment by your honor against all the property of the said 
 
 liable to attachment. 
 
 Petitioner's Attorney. 
 
 AFFIDAVIT OF PETITIONER. 
 
 Georgia, County. 
 
 Personally appeared before me, , who,
 
 ATTACHMENT 293 
 
 being duly sworn, upon oath says that the statements contained 
 in the foregoing petition are true. 
 
 Sworn to and subscribed before me, this 
 ..day of ,19 
 
 j. p. 
 
 ORDER FOR ATTACHMENT TO ISSUE. 
 
 Office of Judge of Superior Court, 
 
 At Chambers, , Ga., 19 .... 
 
 The above and foregoing petition for attachment coming on 
 for a consideration, it is considered, ordered and adjudged that 
 the said petition be granted and the attachment issue as prayed 
 therein. This , 19 .... 
 
 Judge of the Superior Court. 
 
 (NOTE: Any justice of the peace or officer authorized under law, after 
 the granting of the foregoing order, can issue the attachment and take 
 the bond. No one but the judge of the superior court can issue an 
 attachment in said case, but after he issues the attachment, that is, 
 orders the issuing of the attachment, any officer authorized by law can 
 issue the attachment and take the bond.) 
 
 PETITION FOR REMOVAL, OF ATTACHMENT. 5091. 
 
 Georgia, County. 
 
 To Hon . . . , Judge of the Superior Court 
 
 of Said County: 
 
 The petition of respectfully shows : 
 
 1st. That on the day of , 19. . . ., at 
 
 the instance of , an attachment, without a hearing 
 
 on the part of your petitioner, was issued by your Honor against 
 the property of petitioner, which was, by the sheriff of said 
 
 county, on the said day of , 19. . . ., levied 
 
 upon the following property of your petitioner, to wit: 
 
 , located 
 
 in , in the town of , Georgia. 
 
 2nd. Your petitioner avers that in truth and in fact he has 
 not concealed, nor has he threatened to conceal, and he does not 
 conceal, any of his property liable for the payment of his debts, 
 for the purpose of avoiding the payment of the same, or for any
 
 294 ATTACHMENT 
 
 other purpose. But on the contrary, your petitioner fully in- 
 tends to pay said note, and in truth and in fact, is using every 
 honest endeavor to raise the funds for that purpose. 
 
 Wherefore, petitioner prays that said attachment may be dis- 
 missed and removed. 
 
 Petitioner's Attorney. 
 
 ORDER OF COURT. 
 
 The foregoing petition read and considered : Let the plaintiff 
 in attachment show cause before me, at Judge's Chambers in 
 
 the court-house of said county, on the day of , 
 
 19. . . ., why the prayer of the foregoing petition should not be 
 allowed, and the attachment therein mentioned be removed. 
 
 Let the petitioner in attachment be served with a copy of the 
 
 above petition, and of this order, on or before the day 
 
 of .,19 This day of ,19 
 
 Judge Superior Court, Circuit. 
 
 JUDGAIENT OF COURT ON HEARING OF ATTACHMENT. 
 
 Defendant in Attachment 
 
 .-a: A ,, Fraudulent debtors attachment. 
 
 Plaintiff in Attachment 
 
 Superior Court. 
 
 vs y 
 
 In Equity. 
 
 Hearing , 19 , 
 
 This case coining on to be heard before me at chambers, pur- 
 suant to order granted, rafter hearing the evidence and argument 
 of counsel, it is ordered and adjudged by the court that the 
 property attached as the property of the defendant, to wit : . . . . 
 
 , be sold, and that the plaintiff recover out of 
 
 the proceeds of the sale thereof the sum of dollars, 
 
 principal, with interest to date at the rate of 8% per annum, and 
 all future interest on the principal sum at the rate of 8% per 
 
 annum, together with the further sum of dollars 
 
 and cents as costs of suit. This , 19 .... 
 
 Judge Superior Court.
 
 ATTACHMENT 295 
 
 DKCJ.AKATKKX ix ATTACHMENT. 5102. 
 
 Georgia, . . .' County. 
 
 To the Superior Court of Said County : 
 
 The petition of respectfully shows : 
 
 1st. That is indebted to him in the sum 
 
 of dollars, besides interest at the rate of eight 
 
 per cent, per annum, on a certain promissory note dated , 
 
 19 . . . . , and due , 19 . . . . , bearing interest from 
 
 the date thereof, a copy of said note being hereto attached, 
 marked Exhibit "A." 
 
 2nd. That said defendant has not paid the said note, or any 
 part thereof. 
 
 3rd. Petitioner further shows that in order to enforce the 
 
 collection of said note he did, on the day of , 
 
 19 . . . . , sue out before Hon , judge of the 
 
 superior court of said county, an attachment against the said 
 
 , returnable to the term, 19 . . . . , of 
 
 said court, which attachment was, by the sheriff of said county, 
 levied upon the following property, as the property of the de- 
 fendant, to wit : 
 
 Wherefore, your petitioner prays judgment for his said debt, 
 and for the sale of the property levied upon as aforesaid, and 
 that the proceeds arising therefrom shall be applied to the pay- 
 ment and satisfaction of said debt. 
 
 Petitioner's Attorney. 
 
 NOTICE TO DEFENDANT. 5103. 
 
 Plaintiff in Attachment 
 
 vs. 
 
 Attachment 
 
 -In Superior Court, 
 
 Term, 19 
 
 Defendant in Attachment . 
 
 To : 
 
 You are hereby notified that an attachment sued out by me 
 
 against you on the day of , 19. . . ., returnable 
 
 to the term of the superior court of county,
 
 296 ATTACHMENT 
 
 was, on the day of , 19 . . . . , levied by the 
 
 sheriff of this county upon the following property, as your 
 
 property, to wit : ; that at 
 
 the term, of said court, the same being the term to 
 
 which said attachment was made returnable, a declaration was 
 filed as required by law, and the said attachment is now pending 
 in said court. This day of , 19. ... 
 
 Plaintiff in Attachment. 
 
 KEPLEVY BOND. 5113, 5114. 
 
 Georgia, County. 
 
 Know all men by these presents, that we , 
 
 principal, and , as security, acknowledge our- 
 selves jointly and severally bound unto in the sum 
 
 of dollars, for the payment of which we bind 
 
 ourselves, our heirs, executors and administrators, jointly and 
 severally by these presents : 
 
 The condition of the foregoing obligation is such that, whereas, 
 the said has applied for and obtained an attach- 
 ment under the hand and seal of the superior court of said 
 
 county, in favor of the said against , 
 
 returnable to the term, 19. . . . , of said court, and the 
 
 said attachment being for the sum of . . .dollars, 
 
 and which attachment the sheriff of said county has this day 
 levied upon as the property of the said 
 
 Now, therefore, should the said pay to the said 
 
 plaintiff, , the amount of the judgment and 
 
 costs that he may recover in said case, then this obligation to be 
 void ; else of full force and effect. 
 
 (SEAL) 
 
 Principal. 
 
 (SEAL) 
 
 Security. 
 
 Taken and approved by me, this 
 
 day of , 19 
 
 Sheriff.
 
 ATTACHMENT 297 
 
 TRAVERSE OF GROUND OF ATTACHMENT. 5106. 
 
 In the Justice Court of the , 
 District, G. M., of 
 
 Plaintiff in Attachment 
 
 vs. 
 
 County. 
 Defendant in Attachment ^ 
 
 And now comes the defendant in the above stated case, at 
 this the return term of said attachment, being the term to which 
 said attachment was returned, and denies the truth of the state- 
 ments in the affidavit made for attachment in the above stated 
 case, to wit : that defendant is about to remove without the limits 
 of the county, and traverses said allegation. On the contrary, 
 he says that he is now, and has been a resident of this county 
 for more than five years, and that it is his intention to remain 
 a resident of this county. 
 
 And of this the defendant puts himself upon the country. 
 
 Defendant. 
 
 ADVERTISEMENT OF LEVYING OFFICER. 
 
 Georgia, . . County. 
 
 Will be sold on the day of , 19. . . ., before 
 
 the court-house door in the city of , in the county 
 
 of , Georgia, between the lawful hours of sale to 
 
 the highest bidder for cash, 
 
 now located at in said city of 
 
 , Georgia, levied on as the property of 
 
 to satisfy an attachment in favor of , returnable 
 
 to the superior court of County, Georgia, at the 
 
 term, 19. . . ., thereof. On account of the expense 
 
 of moving said same will be sold at the time and 
 
 place aforesaid, and delivery made on the premises of said 
 
 By order of the lion , Judge of said court, 
 
 this day of , 19. ... 
 
 Sheriff.
 
 298 ATTORNEYS AT LAW 
 
 Affidavit in attachment for purchase money stating that defendant "is 
 indebted" is equivalent to word "due," employed in 5085 of the 
 Code. 13 App. 743 (79 S. E. 946). Affidavit stating grounds 
 equivocally may be amended. 144/105, 106 (86 S. E. 234). Amend- 
 ment allowed as to references to defendants as individuals or as a 
 firm. 144/348, 350 (87 S. E. 278). Affidavit must contain descrip- 
 tion of property, and such description sworn to positively. 74/526. 
 Affidavit must show debt due. 77/45. Affidavit must be positive 
 as to ground. 87/724 (13 S. E 1 . 744). Notary public may take 
 affidavit. 44/454. Affidavit not looked to, in aid of declaration. 
 113/261 (38 S. E. 856). 
 
 Declaration amendable by adding address to superior court. 143/185 
 (84 S. E. 540). Not necessary to allege that defendant has re- 
 plevied property seized. 145/233 (2) (88 S. E. 930). Amendment 
 allowable to show jurisdiction of defendant. 13 App. 276, 278 (79 
 S. E. 167). Amendment of declaration. 119/648 (2) (46 S. E. 859). 
 Declaration should allege levy on specified property. 66/575 (2). 
 
 Form pursued, where one prescribed; if not, substantial compliance 
 with all legal requirements necessary. 18/283. 
 
 Identity of party in writ uncertain, affidavit and bond may be looked 
 to. 94/260 (2) (21 S. E. 460). 
 
 Traverse need not be verified. 47/359. 
 
 ATTORNEYS AT LAW. 4930-4083. 
 
 KILE AGAINST ATTORNEY FOR FAILING TO PAY OVER MOXKY 
 COLLECTED. 4954. 
 
 PETITION FOR RULE NISI. 
 
 Georgia, County. 
 
 To the Hon , Judge of the Superior Court 
 
 of said County: 
 
 1. The petition of shows, that on the 
 
 day of , 19. . . ., the petitioner placed in the hands 
 
 of , an attorney at law, residing in said State and 
 
 county, a certain note signed by , dated , 
 
 payable one year after date, for the sum of $1,000.00, besides 
 interest at the rate of 1% per annum from the date of said note. 
 
 2. That said , as his attorney at law, agreed 
 
 with petitioner that he would collect said note and pay over the 
 proceeds thereof when collected to your petitioner, after deduct- 
 ing therefrom the sum of per cent, of the amount collected 
 
 a- attorney's fees. 
 
 3. That your petitioner's said attorney on the day 
 
 of , 19 . . . . , collected from said
 
 ATTORNEYS AT LAW 299 
 
 note, principal and interest, to wit, the sum of 
 
 dollars, for and on account of your petitioner. 
 
 4. That the said , attorney as aforesaid, 
 
 illegally and wrongfully failed and refused, although a legal 
 demand in writing was made upon him therefor, to pay over 
 to your petitioner the whole or any part of said sum so collected, 
 without just warrant or authority, and without petitioner's con- 
 sent, and still retains the same, contrary to law. 
 
 Wherefore, your petitioner prays that a rule nisi may issue 
 
 against said , attorney as aforesaid, requiring him 
 
 to show cause, on the first day of the next term of said court, 
 
 to be held in and for said county, on the day of 
 
 next, if any he has, why he does not pay over to petitioner the 
 money so collected as aforesaid, and why said rule should not 
 be made absolute, or in default thereof that he be attached for 
 contempt. 
 
 Attorney for Petitioner. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , petitioner in the above and foregoing petition, 
 
 who, being duly sworn, on oath says that the facts and things 
 stated in the foregoing petition are true. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 EULE NISI. 
 
 Georgia, County. 
 
 In the Superior Court of said county, term, 19. ... 
 
 It appearing by the petition of that on the 
 
 day of the said : placed in the 
 
 hands of the said , an attorney at law, residing in 
 
 said county, for collection, a certain note signed by for 
 
 the sum of $1,000.00 besides interest, as more fully described 
 
 in the foregoing petition, and that the said , as 
 
 attorney as aforesaid, in due course collected said note, principal 
 
 and interest, to wit, the sum of $ , from the said 
 
 , the maker thereof ; and it further appearing 
 
 that after legal demand made in writing upon the said
 
 300 ATTORNEYS AT LAW 
 
 for the proceeds of the collection so made as aforesaid, the said 
 
 failed and refused to pay over to said 
 
 the said sum so collected, or any part thereof. 
 
 It is, therefore, ordered, that the said , attorney 
 
 as aforesaid, show cause at the next term of the Superior Court 
 
 of said county, to be held in and for said county, on the 
 
 day of ...., 19 . . . . , if any he has, why he has not 
 
 paid over the sum alleged to have been collected by him or any 
 part thereof, and why this rule should not be made absolute, and 
 in default of such showing that he show cause why he should 
 not be attached for contempt. 
 
 It is further ordered that the said , attorney as 
 
 aforesaid, be served with a copy of said petition and of this 
 order days before the next term of said court. 
 
 Judge Superior Court Circuit. 
 
 Petitioner's Attorney. 
 
 RULE ABSOLUTE. 
 
 ' ' ' \ Rule against Attorney in , 
 
 Superior Court. 
 
 It appearing to the court that a rule nisi in the above stated 
 case was issued from said Superior Court, and that a copy of 
 
 the petition and the said rule has been served upon 
 
 attorney at law, resident in said county, requiring him to show 
 cause why he has not paid over the money collected by him from 
 
 . at the instance of as his attorney 
 
 at law, or in default thereof, that said rule nisi be made abso- 
 lute and that he show cause why he should not be attached for 
 
 contempt ; and it further appearing that the said , 
 
 attorney at law as aforesaid, has failed to show any lawful 
 
 cause why he has not paid over to the said the 
 
 money so collected as aforesaid. 
 
 It is, therefore, ordered by the court that the said 
 
 attorney as aforesaid, be, and he is, hereby required and ordered 
 
 to pay over to the said or his lawful attorney, the 
 
 said sum of dollars principal and 
 
 dollars interest, or in default thereof that he be attached for 
 contempt of court and be committed by the sheriff of this court
 
 AUDITORS 301 
 
 to the county jail of said county until he purges himself of this 
 contempt. 
 
 Granted this day of , 19. ... 
 
 Judge Superior Court Circuit. 
 
 Petitioner's Attorney. 
 
 ATTACHMENT FOB CONTEMPT. 
 
 Georgia, County. 
 
 To the Sheriff of said County, or His Lawful Deputies: 
 
 A rule absolute having at the term, 19. . . ., of the 
 
 Superior Court of said county, held on the day 
 
 of , 19 . . . . , been granted against. , 
 
 an attorney at law, requiring him to pay over to 
 
 or his attorney, the sum of dollars principal, and 
 
 dollars interest to the date of said rule, or in 
 
 default thereof that he be attached for contempt, and he having 
 made default; 
 
 This is, therefore, to command you to arrest the body of the 
 
 said , attorney as aforesaid, and commit him to 
 
 the county jail of said county, there to be confined and safely 
 kept, without bail until he purge himself of contempt aforesaid, 
 by paying over the aforesaid sums of money to the said plaintiff 
 or his lawful attorney. 
 
 Witness the Hon. , Judge of said court, this 
 
 day of , 19 
 
 Clerk Superior Court County. 
 
 AUDITOKS. 5127-5140. 
 
 APPLICATION FOK APPOINTMENT OF AUDITOR. 
 
 JOHN DOE *] Suit on note in Superior Court, 
 
 vs. and pleas of payment and usury by 
 
 RICHARD ROE J defendant. 
 
 To the Honorable. , Judge of the Superior Court: 
 
 The petition of John Doe in the above named and stated case 
 shows to the court the following facts :
 
 302 AUDITORS 
 
 In the above named and stated case, the defendant therein 
 has filed pleas of payment and usury which involve matters of 
 account and matters of law, and your petitioner shows that said 
 case is a proper one to be. referred to an auditor. 
 
 Wherefore, your petitioner prays that an order requiring the- 
 defendant in said case to show cause before your Honor in vaca- 
 tion why an auditor should not be appointed therein to pass 
 upon the said matters of account and all questions in said case. 
 
 Attorney for Plaintiff. 
 
 OKDEB OF JUDGE TO SHOW CAUSE WHY AUDITOR SHOULD NOT 
 BE APPOINTED. 
 
 Office of Judge of Superior Court. 
 
 At Chambers, Ga., , 19 .... 
 
 The above and foregoing petition having been presented to 
 
 me, it is ordered that the defendant, , show cause 
 
 before me on the day of , 19. . . ., at nine 
 
 o'clock, A. M., at Chambers, why the prayer of the petitioner 
 should not be had and allowed. Let the defendant be served 
 ten days before the hearing with a copy of this petition and 
 order. 
 
 Judge of the Superior Court. 
 
 Due and legal service of the within and foregoing petition 
 and order is hereby acknowledged and all other and further 
 service is hereby waived. This , 19. ... 
 
 Attorney for Defendant. 
 
 ORDER OF JUDGE APPOINTING AUDITOR. 
 
 Office of Judge of Superior Court. 
 
 At Chambers, Ga., , 19 .... 
 
 The above and foregoing application for the appointment of 
 auditor, coming on for a hearing and after considering the same, 
 
 it is considered, ordered and adjudged that be, 
 
 and is, hereby appointed auditor in said case to pass upon all 
 questions of law and fact involved in said case and to determine
 
 AUDITORS 303 
 
 the same and report his findings to this court twenty days before 
 the next term thereof. 
 
 Judge of the Superior Court. 
 
 OATH OF AUDITOR. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , who, being 'duly sworn, on oath says that he 
 
 has been appointed auditor in the case of 
 
 vs , pending in superior court, and 
 
 affiant says that he will render a true report therein, according 
 to law and the evidence, without favor or affection to either 
 party. 
 
 Sworn to and subscribed before me, this 
 the day of * . . . ., 19. ... 
 
 Clerk of Superior Court. 
 
 NOTICE GIVEN BY AUDITOR. 
 
 (State the case.) 
 To Each of the Parties Hereto, or Their Counsel : 
 
 You are hereby notified that I shall hear the above stated 
 
 case, under the order of reference to me as auditor, on the 
 
 day of , 19 . . . . , at my office in the town of 
 
 , in said county, at o'clock, . . . . M. 
 
 This day of , 19 
 
 Auditor. 
 
 Due and legal service of the within and foregoing notice of 
 hearing is hereby acknowledged and all other and further 
 service is hereby waived. This the day of , 19. ... 
 
 Defendant's Attorney.
 
 304 AUDITORS 
 
 REPORT OF AUDITOR. 5131-5134. 
 
 (State the case.) 
 The above stated case having been referred to me as auditor, 
 
 on the day of , 19 . . . . , by the Hon , 
 
 Judge of the Superior Court of county, to investigate 
 
 and to pass upon all questions of law and fact arising upon the 
 pleading, and the evidence adduced on the hearing thereof, do 
 hereby report the result of my investigation, and the findings 
 of the auditor are as follows : 
 
 1. Defendant's counsel moved to strike the amendment of 
 the declaration contained in the record, which ha.d been previ- 
 ously allowed by the court in open court. This motion the 
 auditor disallowed, as being without authority to entertain such 
 motion. 
 
 2. . Plaintiff moved to amend the declaration filed in said 
 case, so as to claim attorney's fees, which motion the auditor 
 allowed, over the objection of defendant's attorney that the court 
 could not entertain such motion. 
 
 3. The plaintiff demurred to that part of the defendant's 
 plea of payment, in which the defendant set forth, at the con- 
 clusion of said plea, that "at divers other times, the defendant 
 made divers other payments on said note, aggregating in the 
 sum of $375.00," the auditor sustained said demurrer and struck 
 that portion of the defendant's plea, -holding that the amend- 
 ment must give the dates and amounts of each of such payments 
 and to whom same were made. 
 
 4. After hearing the defense and argument of counsel, I 
 find that the main questions involved are questions of fact. I 
 further find that the plaintiff has proved his claim to the satis- 
 faction of the auditor. I further find that there is no usury in 
 said note. 
 
 I, therefore, find in favor of the plaintiff on the issues of 
 
 fact in the case, and against the defendant the sum of $ 
 
 principal, and $ , interest, and $ , being 10% 
 
 for attorney's fees, with costs of suit. 
 
 5. I classify my findings 1, 2, 3, as above set forth, as 
 findings of law, and those set forth in par. 4, as my findings 
 upon questions of fact.
 
 AUDITORS 305 
 
 I attach to this report a copy of the evidence adduced on the 
 trial. 
 
 This day of , 19 
 
 Auditor. 
 
 Award so indefinite and uncertain as not to be capable of enforcement, 
 void. 107/354 (33 S. E. 406); 120/442 (47 S. E. 951). 
 
 Items composing findings should be so specified that party desiring to 
 except may be enabled to ascertain what have been allowed and 
 what disallowed. 133/193 (65 S. E. 416); 144/69 (86 S. E. 236). 
 
 Sufficiency of report as to clearness in statement, classification of 
 rulings and findings. 118/530 (45 S. E. 421). 
 
 EXCEPTIONS TO AUDITOR'S REPORT. 5135-5139. 
 
 And now comes the defendant and, as matter of law, excepts 
 to the ruling and judgment of the auditor as set forth in par. 3 
 of his report sustaining the demurrer of the plaintiff to the 
 portion of the defendant's plea of payment, and striking this 
 portion of said plea. The part of the plea referred to is in the 
 following words: "At divers other times the defendant made 
 divers payments on said note, aggregating in the sum of 
 $375.00." Defendant says said allegation was sufficiently defi- 
 nite and precise to meet the requirements of the law, and that 
 the auditor erred in striking the same. 
 
 2. Defendant further excepts as matter of fact, to the finding 
 of the auditor as set forth in par. 4 of his report, and particu- 
 larly to that portion of the auditor's report in which he finds 
 generally in favor of the plaintiff, a certain specified sum, 
 without specifying therein the portion of the evidence, or other- 
 wise identifying the items of payment plead allowed or dis- 
 allowed by him in the calculation resulting in the finding of 
 such balance. 
 
 Wherefore, petitioner prays the court that his exceptions may 
 be sustained and the report of the auditor be disallowed. (Green 
 v. Valdosta Guano Co!, 121/131 (2), 135; 48 S. E. 984). 
 
 Defendant's Attorney.
 
 306 BAIL, IN ACTIONS FOR PERSONALTY 
 
 Classified as "exceptions of law" and "exceptions of fact," exceptions 
 
 should be. 122/135 (50 S. E'. 35). 
 General exceptions, not distinctly pointing out error complained of, 
 
 without legal merit. 104/42 (30 S. E. 513) ; 113/742 (39 S. E. 287) ; 
 
 124/165 (52 S. E. 65). 
 Testimony excepted to should be set out. 119/983 (47 S. E. 582); 
 
 125/159 (53 S. E. 1004). 
 Verification of grounds of exception to report. 119/983 (47 S. E. 582). 
 
 JUDGMENT OF THE COURT. 
 
 The exceptions filed by the defendant to the findings of the 
 auditor in the within case having been considered, after argu- 
 ment heard thereon, it is ordered that the defendant's excep- 
 tions to par. 3 of the auditor's report be overruled. 
 
 It is further ordered that the defendant's exception to par. 4 
 of the. auditor's report be overruled, and this being a case at 
 law, it is ordered that the questions of fact arising thereon be 
 tried by jury. 
 
 This day of , 19 
 
 Judge of the Superior Court. 
 
 BAIL IN ACTIONS FOK PERSONALTY. 5150-5156. 
 
 PETITION. 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 The petition of John Doe, as plaintiff, against Richard Roe, 
 as defendant, shows the following facts: 
 
 1st. That Richard Roe is a resident of said county. 
 
 2nd. That Richard Roe is in possession of a certain Jersey 
 bull of a mouse color of medium size about five years old, having 
 the two hind feet white, known by the name of "Jerome Del- 
 mas," and of the value of $200.00, to which said bull plaintiff 
 claims title. 
 
 3rd. Plaintiff further shows that said bull is of the value 
 of $5.00 per month for hire. 
 
 4th. Plaintiff further shows that he has demanded possession 
 of said bull from defendant and which demand the defendant 
 has refused previous to the bringing of this suit.
 
 BAIL IN ACTIONS FOR PERSONALTY 307 
 
 Wherefore, plaintiff prays process may issue requiring the 
 
 defendant to be and appear at the next term of Superior 
 
 Court to answer plaintiff's suit. 
 
 Attorney for Plaintiff. 
 
 AFFIDAVIT. 5150. 
 
 Georgia, County. 
 
 In person before the undersigned, a in and for 
 
 said county, came , who on oath says, that he has 
 
 this day instituted an action of trover against . ., of 
 
 said county, returnable to the next term of the 
 
 Superior Court for said county, to recover a certain Jersey bull, 
 of mouse color, of medium size, about five years old, having the 
 two hind feet white, known by the name of "Jerome Delmas," 
 and of the value of two hundred dollars. That the said bull is 
 
 now in the possession, custody or control of the said , 
 
 and that deponent has reason to apprehend that the said bull 
 has been or will be eloigned or moved away, and will not be 
 forthcoming to answer the judgment, execution or decree that 
 shall be made in said case; that he claims for the reasonable 
 
 hire of the said bull from the day of , 19. . . ., 
 
 to the day of , 19 . . . . , the sum of 
 
 dollars, and that he does verily and bona fide claim said prop- 
 erty above described. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. (or Notary Public and ex-officio J. P.). 
 
 (NOTE: The affidavit having been made, it should be filed in the 
 office of the clerk of the court, and a copy thereof attached to the 
 original petition and also to each copy or copies issued thereon.) 
 
 Description of property must be such as to make it capable of identifi- 
 cation and seizure. 108/342 (33 S. E, 974). Insufficient description 
 of money, see 139/756 (78 S. E. 172), 108/342 (33 S. E. 974), 
 115/580 (41 S. E. 987).
 
 308 BAIL IN ACTIONS FOB PERSONALTY 
 
 BAIL BOND. 
 
 Georgia, County. 
 
 We, , as principal, and , as 
 
 security, acknowledge ourselves jointly and severally bound unto 
 
 , his heirs and assigns, in the sum of 
 
 dollars, for the true payment of which we hereby bind ourselves, 
 our heirs, executors and administrators, -firmly by these presents. 
 
 Signed, sealed and dated this day of , 19. ... 
 
 The condition of the above obligation is as follows : 
 
 having instituted his action against for the 
 
 recovery of a certain Jersey bull, of mouse color, of medium 
 size, about five years old, having the two hind feet white, known 
 by the name of "Jerome Delmas," and of the value of two 
 
 hundred dollars, and the hire of said bull from the day 
 
 of last past, to the day of , 19. . ., 
 
 of the value of dollars, which action is returnable 
 
 to the next term of the Superior Court of said county, 
 
 and he having made oath that he has reason to apprehend that 
 the said personal property has been or will be eloigned or moved 
 away, and will not be forthcoming to answer the judgment, 
 execution, or decree that shall be made in said case; 
 
 Now should the said produce or cause to be 
 
 produced and forthcoming the said bull, to answer the judgment, 
 execution or decree that may be rendered in said case, and shall 
 well and truly pay the eventual condemnation money, whatever 
 it may be, then this bond to be void, otherwise of force. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 by me this day of , 19 .... 
 
 Sheriff. 
 
 BOND WHERE PLAINTIFF TAKES POSSESSION OF THE 
 PROPERTY. 5151. 
 
 Georgia, County. 
 
 . We, , principal, and , security, 
 
 acknowledge ourselves jointly and severally bound unto
 
 BAIL IN ACTIONS FOB PERSONALTY 309 
 
 in the sum of dollars, subject to the following 
 
 conditions : 
 
 having instituted his action returnable to 
 
 the next .term of the Superior Court of said county, 
 
 for the recovery of a certain Jersey bull, of mouse color, of 
 medium size, about five years old, having the two hind feet 
 white, known by the name of "Jerome Delmas," of the value 
 
 of dollars, and required bail of the said 
 
 and , sheriff of said county, having seized said 
 
 bull, and the said having failed to give the bond 
 
 required by law in such cases made and provided ; and the said 
 
 , plaintiff in the action aforesaid, desiring to 
 
 take said bull into his possession : 
 
 Now if the said shall produce or cause to be 
 
 produced and forthcoming the said bull, to answer the judgment, 
 execution, or decree that shall be made in said case, then this 
 bond to be void, else of force. 
 
 Witness our hands and seals this. . . .day of , 19. ... 
 
 , Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 by me, this day of , 19. ... 
 
 Sheriff. 
 
 PETITION OF DEFENDANT CONFINED UNDER BAIL PROCESS. 
 
 5154. 
 
 (State the case.) 
 
 Georgia, County. 
 
 To the Hon .' , Judge of Superior Court of said 
 
 County : 
 
 1. The petition of shows that he is now 
 
 imprisoned in the common jail of said county, under bail 
 
 process sued out by , which process is made 
 
 returnable to the term, 19. . . ., of the Superior Court 
 
 of said county. 
 
 2. That on account of his poverty he is neither able to give 
 bond and security required by law, nor to produce the property, 
 and can show these facts as satisfactory reasons for its non- 
 production, to wit :
 
 310 BAIL IN ACTIONS FOE PERSONALTY 
 
 3. That before he ever heard or knew that 
 
 had or claimed any title to, or interest in, the bull, the subject- 
 matter of said suit, petitioner bona fide sold said bull to one 
 
 , who has removed the same beyond the reach 
 
 of petitioner so that he can not produce him. 
 
 4. Petitioner further shows, that at the time said bail pro- 
 ceedings were sued out, the said bull was not in his possession, 
 
 custody or control, and had not been for more than 
 
 days before that time. 
 
 5. That petitioner has caused a copy of this petition to be 
 served upon the plaintiff. 
 
 6. Petitioner comes now and traverses the allegation of said 
 affidavit, and prays the granting of a rule nisi calling upon the 
 plaintiff to show cause, if any he has or can, after five days 
 service, why petitioner should not be discharged from custody 
 on his own recognizance whereof. 
 
 Attorney for Petitioner. 
 
 AFFIDAVIT TO PETITION. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 Richard Roe, who, being duly sworn, on oath says that the facts 
 and things stated in the foregoing petition are true. 
 
 RICHARD ROE. 
 Sworn to and subscribed before me, this 
 
 the day of , 19 
 
 , J. P. 
 
 ORDER FOR-RULE TO SHOW CAUSE. 
 
 Office of Judge of Superior Court. 
 
 At Chambers, Ga., , 19 .... 
 
 The above and foregoing petition having been presented to 
 
 me, it is ordered that the same be heard on the day 
 
 of , 19. . . ., at nine o'clock, A. M., and that 
 
 the plaintiff, Richard Roe, show cause at said time why the 
 prayer of said petition should not be had and allowed. Let
 
 BANKS 311 
 
 Richard Roe be served with a copy of said petition and this 
 order at least five days before said hearing. 
 
 Judge of the Superior Court. 
 
 Due and legal service of the within and foregoing petition 
 and order and all other and further service is hereby waived. 
 This the. . . .dav of. . , 19. . 
 
 Attorney for John Doe, Plaintiff. 
 
 BANKS. 2262-2366. 
 
 AFFIDAVIT OF PROPOSED COEPOEATOBS. 
 
 Georgia, County. 
 
 Before me personally appeared the undersigned petitioners, 
 who on oath depose and say that $15,000 of the capital sub- 
 scribed to the , for which bank deponents are now 
 
 seeking incorporation by the Secretary of State, has actually 
 been paid in by the subscribers, and that the same is in fact 
 held and is to be used solely for the business and purposes of 
 the said corporation. 
 
 Sworn to and subscribed before me this 
 
 day of ,19 
 
 [SEAL.] 
 
 Ordinary ....,.... County. 
 
 APPLICATION FOE BANK CHAETEE. 
 
 Georgia, County. 
 
 To the Honorable , Secretary of State, 
 
 Atlanta, Ga. : 
 
 The undersigned, whose names, signed by each of them, and 
 residences, are hereto attached, bring this our petition, in pur- 
 suance of the Code, and respectfully show:
 
 312 BANKS 
 
 1st. That we desire to form a corporation for the purpose 
 of carrying on the business of banking. 
 
 2d. The name and style of the proposed corporation shall 
 be ". 
 
 3d. The location and principal place of business shall be 
 
 the of , county of 
 
 and State of Georgia. 
 
 4th. The amount of capital stock is dollars 
 
 ($ ) divided into shares of each. 
 
 5th. The purposes and nature of the business of the proposed 
 corporation shall be that of a bank, with continuous succession 
 for the term of thirty years, with the right of renewal for a like 
 term. To sue and be sued. To have and use a common seal, 
 and at pleasure to alter the same. To appoint such officers and 
 agents as the business of the corporation requires, prescribe 
 their duties, fix their compensation, and remove them at pleas- 
 ure. To make such by-laws as may be necessary or proper for 
 the management of its property and regulation of its affairs. 
 To hold, purchase, dispose of and convey such real and personal 
 property as may be necessary for its uses and business. To 
 discount bills, notes or other evidences of debt; to receive and 
 pay out deposits, with or without interest ; to receive on special 
 deposit money or bullion or foreign coins, or stocks or bonds or 
 other securities; to buy or lend money upon personal security, 
 or upon pledges of bonds, stocks or negotiable securities ; to take 
 and receive security by mortgage, or otherwise, on property, 
 real or personal ; and generally to do and perform all such other 
 matters and things not hereinbefore enumerated as are or may 
 be- incident to the business of banking. 
 
 We herewith enclose the charter fee of $ , and 
 
 pray to be incorporated under the laws of this State. 
 
 Signed: 
 
 Petitioners. 
 
 (NOTE: Each incorporator must sign his name here and state place 
 of residence. Any number, not less than three, may form a corpora- 
 tion.)
 
 BANKS 313 
 
 PUBLICATION OF DECLAKATION AND AFFIDAVIT. 2264. 
 
 [NOTE. The declaration and affidavit shall be published by the sub- 
 scribers in the official organ of the county in which it is proposed to do 
 business, once a week for four weeks; the Secretary of State will fur- 
 nish a certified copy of same to the subscribers, upon application.] 
 
 OKDINABY'S CERTIFICATE. 2265. 
 
 Georgia, County. 
 
 I, , Ordinary of said county, do certify to 
 
 the fact of the publication of the foregoing copy of declaration 
 
 and affidavit certified by lion , Secretary of 
 
 State, and that the same has been published in the 
 
 newspaper, the same being the official organ of said county, once 
 a week for four weeks, as provided by law. 
 
 Witness my hand and seal of office, this day 
 
 of .., 19 
 
 Ordinary of County, Ga. 
 
 CERTIFICATE OF INCORPORATION. 2265. 
 
 State of Georgia. 
 Office of Secretary of State. 
 Whereas, 
 
 and having filed 'in the office of the 
 
 Secretary of State a certain declaration in writing signed by 
 each of them, seeking the formation of a corporation to be 
 known as (state the name of proposed bank), with its principal 
 
 office in to exist for the period of thirty years, 
 
 and having fully complied with all the requirements of the law, 
 
 in such case made and provided, I , Secretary 
 
 of State, do hereby certify that the subscribers, their associates 
 and successors are hereby made and constitute a body politic 
 
 and corporate under the name and style of 
 
 as designated, in the declaration filed herein, and that such cor- 
 poration has the capacity and powers conferred, and is subject 
 to all the duties and liabilities imposed by law, as well as clothed 
 with full authority by and under the name aforesaid, to exercise 
 all of the powers and privileges of such corporation, as defined
 
 314 BANKS 
 
 and set forth in the Code, subject to the provisions of the Con- 
 stitution of this State, and all the laws, rules and regulations 
 governing such corporations of force at the date of this cer- 
 tificate, or that may hereafter become of force, either by con- 
 stitutional or statute law. 
 
 In witness whereof these presents have been signed by the 
 
 Secretary of the State, at Atlanta, Georgia, this day 
 
 of ' ,19 
 
 [SEAL.] 
 
 Secretary of State. 
 
 BANKER'S STATEMENT OF CONDITION OF BANK. 2288, 2289. 
 
 (INSTBUCTIONS: Bankers will please fill out the following form. In 
 making out report fill out all items just as called for, writing word 
 none wherever no amount is to be entered. This report must be re- 
 turned in 10 days. Mail to State Treasurer and State Bank B'xaminer, 
 of Georgia, Atlanta, Georgia.)
 
 BANKS 
 
 BANK EXAMINER'S REPORT 
 
 OF THE CONDITION OF 
 
 The.. Located at 
 
 315 
 
 Ga. 
 
 
 
 
 
 RESOUBCES 
 
 
 LIABILITIES 
 
 
 Demand Loans, 
 Time Loans, 
 Overdrafts, See Schedule, 
 Overdrafts, secured by Cotton, 
 Bonds and Stocks owned by 
 the Bank, 
 Banking House, 
 Furniture and Fixtures, 
 Other Real Estate, 
 Due from Banks and Bankers 
 in this State, 
 Due from Banks and Bankers 
 in other States, 
 
 
 Capital Stock Paid In, 
 Surplus Fund, 
 Undivided Profits, less Cur- 
 rent Expenses, Interest and 
 Taxes Paid, 
 Due to Banks and Bankers in 
 ' this State, 
 Due to Banks and Bankers in 
 other States, 
 Due Unpaid Dividends, 
 Individual Deposits, subject to 
 Check, 
 Savings Deposits, 
 Demand Certificates, 
 
 
 Gold, I 
 
 
 Time Certificates, 
 
 
 Silver, Nickels, etc., f 
 
 
 Certified Checks, 
 
 
 
 
 Cashier's Checks, 
 
 
 Clearing House, I 
 
 
 Due to Clearing House, 
 
 
 Advances on Cotton, I 
 
 
 Notes and Bills Rediscounted, 
 
 
 Profit and Loss, 
 Other Resources, 
 
 
 Bills Payable, 
 Other Liabilities, 
 Unearned Interest, 
 
 
 Total, 
 
 
 Total, 
 
 
 LOANS AND DISCOUNTS 
 
 In Suit, 
 In Judgment, 
 Loans past due, 
 Loans past due 12 months or 
 more, 
 
 Doubtful, 
 
 Worthless, 
 
 Loans short or long, 
 
 Remarks: 
 
 I HEREBY CERTIFY, That I have counted Cash and Cash Items after 
 
 the examination and herewith receipt , Examiner, 
 
 for ame as per this statement. 
 
 , Cashier.
 
 316 BANKS 
 
 LOANS EXCEEDING TEN PER CENT. OF CAPITAL AND SURPLUS 
 
 NAME 
 
 SECURITY 
 
 AMOUNT 
 
 OVERDRAFTS 
 
 SECURED. HOW ? 
 
 
 UNSECURED 
 
 
 Standing 12 Months or over, 
 
 Standing 12 Months or over, 
 
 II Q H II II 
 
 Temporary, 
 Officers and Directors, 
 
 
 Temporary, 
 Officers and Directors, 
 
 
 Total, 
 
 
 Total, 
 
 
 REDISCOUNTS AND BORROWED MONEY. 
 (Including Certificates of Deposit Representing Borrowed Money.) 
 
 (Where money is borrowed by rediscounts or otherwise, give the name 
 of the bank from which it is borrowed, amount, security, time and 
 rate of interest paid.) 
 
 FROM WHOM BORROWED 
 
 SECURITY 
 
 AMOUNT 
 
 REMARKS 
 
 
 

 
 BANKS 
 
 317 
 
 LISTS OP BONDS AND STOCKS OWNED BY THE BANK 
 
 Number of 
 Bonds or 
 Shares 
 
 Name of Corporation 
 Issuing Bonds or Stock 
 
 Amount 
 at which Car- 
 ried on Books 
 
 Estimated 
 Market 
 Value 
 
 
 
 
 
 LOANS EXCEEDING TEN PER CENT. OP CAPITAL TO OFFICERS 
 
 AND DIRECTORS 
 
 Are these loans approved in writing by a majority of the Directors 
 as the Law requires? 
 
 NAME 
 
 SECURITY 
 
 LIABILITIES OF OFFICERS AND DIRECTORS 
 (Give names of all Officers and Directors whether indebted to the Bank 
 
 or not) 
 
 
 
 | 
 
 Liability as 
 
 
 Number of 
 Shares of 
 Stock 
 Owned 
 
 Name and 
 Position 
 
 Liability as 
 Payers 
 (Firm and 
 Individual) 
 
 Endorsers 
 or 
 Guarantors 
 (Firm and 
 
 Overdraft 
 (Firm and 
 Individual) 
 
 
 
 
 Individual) 
 
 
 
 President, 
 
 
 
 
 
 Vice-Pres't, 
 
 
 
 
 
 Cashier, 
 
 
 
 
 
 Asst. Cashier, 
 
 
 
 
 
 Financial Agent, 
 
 
 
 
 
 Director, 
 
 

 
 318 BANKS 
 
 TRUST COMPANIES. 2815-2821 (e). 
 
 NOTICE OF INTENTION TO ORGANIZE. 2816. 
 
 To Whom it May Concern: 
 
 Notice is hereby given of our intention to organize a trust 
 
 company, the names of the proposed corporations being 
 
 and . , the name of the 
 
 proposed trust company is to be ' , 
 
 and the location of the same at , 
 
 county, State of Georgia. 
 
 A declaration in writing, signed by each of the proposed 
 corporators, will be filed in the office of the Secretary of State 
 on the day of , 19 .... 
 
 [NOTE. The notice of intention to organize, above set forth, must, 
 previous to filing the declaration, be published at least once a week 
 for four weeks in a newspaper of general circulation published in the 
 city in which the principal office of the proposed corporation will be 
 located.] 
 
 APPLICATION FOR CHARTER. 2815. 
 
 Georgia, County. 
 
 To the Honorable , Secretary of State, 
 
 Atlanta, Ga. : 
 
 The undersigned [not less than five], whose names, signed by 
 each of them, and residence are hereto attached, bring this our 
 petition, in pursuance of, and respectfully show: 
 
 1st. That we desire to form a corporation for the purpose of 
 carrying on the business of a trust company. 
 
 2d. The name and style of the proposed corporation shall be 
 
 3d. The location of the principal business thereof shall be 
 
 the of county of and State of 
 
 Georgia. 
 
 4th. The amount of capital stock is dollars 
 
 ($ ), divided into shares of 
 
 dollars each ; all of which shares have been subscribed. And 
 that ....thousand ..dollars (at ..least $25,000) of the
 
 BANKS 319 
 
 capital stock subscribed has been actually paid in by the sub- 
 scribers and the same is in fact held and is to be used solely for 
 the business and purposes of the corporation. 
 
 5th. The nature of the proposed corporation shall be that of 
 a trust company, with continuous succession for the term of 
 thirty years, with the right of renewal for a like term; to sue 
 and be sued ; to have and use a common seal, and at pleasure to 
 alter the same ; to appoint such officers and agents as the business 
 of the corporation requires, prescribe their duties, fix their 
 compensation, and remove them at pleasure; to make such by- 
 laws as may be necessary or proper for the management of its 
 property and regulation of its affairs. To hold, purchase, 
 dispose of and convey such real and personal property as may 
 be necessary for its uses and in the regular conduct of its busi- 
 ness; to buy or sell foreign or domestic exchange, or other 
 negotiable paper; to lend money upon personal security, or 
 upon pledges of bonds, stocks or negotiable securities; to take 
 and receive security by mortgage, deed or otherwise, on prop- 
 erty, real and personal, and generally to do and perform all such 
 other matters and things not hereinbefore enumerated as are 
 or may be incident to the business of a trust company. 
 
 We herewith enclose a check for $50.00, and pray to be incor- 
 porated under the laws of this State. 
 
 Signed : 
 
 whose place of residence is the city of , 
 
 county, Georgia. 
 
 whose place of residence is the city of , 
 
 county, Georgia. 
 
 \vhose place of residence is the city of , 
 
 county, Georgia. 
 
 whose place of residence is the city of. 
 county, Georgia. 
 
 whose place of residence is the city of 
 
 county, Georgia. 
 
 Petitioners. 
 
 (NOTE: At least five persons must sign the application.)
 
 320 BANKS 
 
 AFFIDAVIT OF SUBSCKIBEBS. 
 
 Georgia, County. 
 
 Personally before the undersigned came 
 
 and being (at least three) 
 
 of the petitioners who on oath say that the sum of 
 
 thousand dollars (at least $25,000) of the capital stock sub- 
 scribed to the Trust Company, for which 
 
 company deponents are now seeking incorporation by the Secre- 
 tary of State, has been actually paid in by the subscribers and 
 that it is in fact held and is to be used solely for the business 
 and purposes of the corporation. 
 
 Sworn to and subscribed before me, this 
 
 ......day of , 19 
 
 (SEAL) , 
 
 Ordinary of County.
 
 BANKS 
 REPORT OF BANK EXAMINER. 2293-2297. 
 
 321 
 
 President. Cashier. 
 STATEMENT 
 
 OF THE CONDITION OF 
 The T^nrateH at 
 
 At the Close of Busin 
 Date of Charter 
 
 ess 19 .... 
 
 
 Rpsrnn Rnsinpss 
 
 
 BESOURCES 
 
 
 LIABILITIES 
 
 
 
 Demand Loans, 
 Time Loans, 
 Overdrafts, secured, 
 Overdrafts, unsecured, 
 Bonds and Stocks owned by 
 the Bank, 
 Banking House, 
 Furniture and Fixtures, 
 Other Real Estate, 
 Due from Banks and Bankers 
 in this State, 
 Due from Banks and Bankers 
 in other States, 
 Currency, $ 
 
 Capital Stock Paid in, 
 Surplus Fund, 
 Undivided Profits, less Current 
 Expenses, Interest and 
 Taxes Paid, 
 Due to Banks and Bankers in 
 this State, 
 Due to Banks and Bankers in 
 other States, 
 Due Unpaid Dividends, 
 Individual Deposits, subject 
 to Check, 
 Savings Deposits, 
 Demand Certificates, 
 Time Certificates, 
 Certified Checks, 
 Cashier's Checks, 
 Due to Clearing House, 
 Notes and Bills Rediscounted, 
 Bills Payable, including Time 
 Certificates representing 
 Borrowed Money, 
 Other Liabilities (Itemized) 
 
 Gold, $ "V 
 
 Silver, Nickels, etc, $ / 
 
 Cash Items, $ V 
 
 Clearing House, $ [ 
 
 Advances on Cotton, $ \ 
 
 Profit and Loss, ) 
 Other Resources (Itemized) 
 
 Total, 
 
 Total, 
 
 LOANS AND DISCOUNTS 
 
 In Suit, 
 In Judgment, 
 
 TOTAL, 
 
 
 Doubtful, 
 Worthless, 
 
 TOTAL, 
 
 
 STATE OF GEORGIA, 
 . . COUNTY 
 
 
 President 
 
 T. . . . -Pnshfpp nf the nl 
 
 Jove 
 the 
 the 
 this 
 sent 
 ters 
 my 
 ther 
 tade 
 con- 
 ank, 
 1 or 
 law. 
 
 named bank, do solemnly swear, that 
 above Statement Is true, and that 
 Schedules on the other pages of 
 Statement fully and correctly repre 
 the true state of the several mal 
 contained therein, to the best of 
 knowledge and belief and do fur 
 swear that since the last return n 
 to the State Bank Examiner of the 
 ditlon of the Bank, that the B 
 through Its officers, has not vlolate< 
 evaded any obligation Imposed by 
 
 Sworn to and subscribed be- 
 fore me this day of 
 
 , 19.. 
 
 
 
 We, the undersigned, Directors 
 above Bank, certify to the genuine 
 of the signatures of the officers. 
 Dlrei 
 
 of 
 
 DCSS 
 
 :tor. 
 ?tor. 
 
 [Seal] 
 
 
 . .Dire
 
 322 
 
 BANKS 
 
 Schedule A. 
 
 LIABILITIES OF OFFICERS AND DIRECTORS. 
 
 Number of 
 
 Shares of 
 
 Stock 
 
 Owned 
 
 Name and 
 Position 
 
 President. 
 Vice-Pres. 
 
 Cashier. 
 Asst. Cashier. 
 
 Director. 
 
 Liability as 
 
 Payers 
 (Firm and 
 Individual) 
 
 Liability as 
 Endorsers 
 
 or 
 
 Guarantors 
 (Firm and 
 Individual) 
 
 Overdraft 
 (Firm and 
 Individual) 
 
 Schedule B. 
 
 LOANS EXCEEDING 10% OF CAPITAL TO OFFICERS AND 
 
 DIRECTORS. 
 List Individual and Firm Loans Separately. 
 
 NAME 
 
 SECUBITY 
 
 AMOUNT 
 
 Loans to Officers and 
 Directors unsecured:
 
 BANKS 
 
 323 
 
 Schedule C. 
 
 LOANS EXCEEDING TEN PER CENT. OF CAPITAL AND SURPLUS. 
 
 NAME 
 
 SECURITY 
 
 AMOUNT 
 
 Schedule D. OVERDRAFTS. 
 
 SECURED 
 
 
 UNSECURED 
 
 
 Standing 12 Months, or over, 
 Standing 6 Months, or over, 
 Standing 3 Months, or over, 
 Temporary, 
 Officers and Directors, 
 How Secured: 
 
 Standing 12 
 Standing 6 
 Standing 3 
 Temporary, 
 Officers and 
 
 Months, or over, 
 Months, or over, 
 Months, or over, 
 
 Directors, 
 
 TOTAL, 
 
 TOTAX, 
 
 Schedule E. 
 
 LIST OF BONDS AND STOCKS OWNED BY THE BANK. 
 Be explicit in stating whether U. S., State, County, Municipal, R. R., 
 or Bonds of other Public Service Corporations, or other Bonds, and 
 also if Stocks of any Corporation are held and name of Corporation. 
 
 Number of 
 Bonds or 
 Shares 
 
 Name of Corporation 
 Issuing Bonds or Stock 
 
 Amount at 
 Which Carried 
 on Books 
 
 Estimated 
 Market Value 
 
 
 
 
 
 Schedule F. 
 
 DUE BY BANKS AND BANKERS. 
 
 (Verify all balances, stating all discrepancies. State whether bank 
 receives interest on balances, and give rate, and the name of bank 
 or banks paying it.) State whether Correspondent Banks or Collec- 
 tion Banks only. 
 
 NAME OF BANK 
 
 LOCATION 
 
 AMOUNT 
 
 Rate 
 Per Ct. 
 
 REMARKS 
 
 
 
 
 

 
 324 BANKS 
 
 Schedule G. DUB TO BANKS AND BANKERS. 
 
 (Verify all balances, stating all discrepancies. State whether bank 
 pays interest on balances, and if so, what rate? To whom paid? 
 Are amounts due on open accounts, on demand, or time certificates 
 of deposit? Are they secured by collaterals, or not?) 
 
 State whether Correspondent Banks or Collection Banks only. 
 
 NAME OF BANK 
 
 LOCATION 
 
 AMOUNT 
 
 
 REMARKS 
 
 
 
 
 
 
 Schedule H. 
 
 RE-DISCOUNTS AND BORROWED MONEY. 
 
 (Where money is borrowed by re-discounts or otherwise, give the name 
 of bank from whom it is borrowed, amount, security, time and rate 
 of interest paid. State whether minutes show that Directors author- 
 ized the transactions.) 
 
 FROM WHOM BORROWED 
 
 SECURITY 
 
 AMOUNT 
 
 Rate 
 Per Cent. 
 
 REMARKS 
 
 
 
 
 
 
 Schedule I. BANKING HOUSE AND OTHER REAL ESTATE. 
 
 LOCATION 
 
 Amount at 
 which Carried 
 on Books 
 
 Estimated 
 Value 
 
 Was It Taken 
 for Debt, or 
 Not? 
 
 
 
 
 
 Schedule J. 
 
 CAPITAL STOCK. 
 
 Was Capital Stock paid in Cash? 
 
 Are shares paid in full? 
 
 Have any certificates been issued where stock has not been paid in full? 
 
 Were Shareholders' notes taken in payment of Capital Stock, or increase 
 
 of Capital? 
 
 State whether notes are still in Bills Receivable, renewed, or unpaid? 
 Has Stock Certificate Book been verified? 
 Has Stock Ledger been verified? 
 
 Does the Bank hold any of its own shares as collateral? How many? 
 Does it own any of its shares? How obtained and for what purpose? 
 Have all surrendered certificates been properly cancelled?
 
 BANKS 325 
 
 Schedule K. SALARIES AND BONDS. 
 
 Salary of President, 
 
 $ 
 
 Bond? 
 
 Custodian? 
 
 Salary of Vice-Pres., 
 
 $ 
 
 Bond? 
 
 Custodian? 
 
 Salary of Cashier, 
 
 $ 
 
 Bond? 
 
 Custodian? 
 
 Salary of Asst. Cashier, 
 
 $ 
 
 Bond? 
 
 Custodian? 
 
 Salary of Teller, 
 
 $ 
 
 Bond? 
 
 Custodian? 
 
 Salary of Bookkeeper, 
 
 $ 
 
 Bond? 
 
 Custodian? 
 
 Salary of Financial Agt., 
 
 $ 
 
 
 
 Burglary Insurance, 
 
 $ 
 
 
 
 Fire Insurance, 
 
 $ 
 
 N 
 
 
 Schedule L. MEETINGS OF DIRECTORS AND SHAREHOLDERS. 
 
 How often does the Finance Committee meet? 
 
 How often do the Directors meet? 
 
 How often do the Stockholders meet? 
 
 Loans made by whom? 
 
 Are excessive loans to officers approved in accordance with the law? 
 
 Do you compensate Directors for attendance upon meetings? 
 
 Are accurate minutes kept of all meetings? 
 
 Has the Bank been audited as the law requires? 
 
 Does audit appear in detail on Minute Book? 
 
 Has copy been sent to State Bank Examiner? 
 
 Did any Directors aid in the examination? 
 
 Has list of Stockholders, etc., been sent to State Bank Examiner? 
 
 Is Capital Stock Impaired? How much? 
 
 Has the Bank legal reserve of 25%? 
 
 Answers to questions given by? 
 
 Schedule M. CASH AND CASH ITEMS. 
 
 (Briefly describe these items and state for what purpose they are 
 carried.) 
 
 $ Check of President. 
 
 Check of Vice-President. 
 Check of Cashier. 
 Check of Asst. Cashier. 
 Checks of Depositors. 
 Checks on other Banks. 
 
 Cash long or short. $ 
 
 Overs or shorts carried on Individual or Gen'l Ledger.
 
 326 BANKS 
 Schedule N. DISPOSITION OF EARNINGS. 
 
 Date 
 
 
 
 Gross earnings for six or twelve months, 
 
 
 
 DISPOSITION OF PROFITS 
 
 
 
 
 
 
 Expense, 
 
 
 
 
 
 
 Interest Paid, 
 
 
 
 
 
 
 Dividend, 
 
 
 
 
 
 
 Surplus, 
 
 
 
 
 
 
 Bad debts charged off, 
 
 
 
 
 
 
 Undivided profits, 
 
 
 
 
 
 
 Decrease in values, 
 
 
 
 
 
 
 Profit and loss, 
 
 
 
 
 
 
 Schedule O. 
 
 INDIVIDUAL, DEPOSITS. 
 
 (Give information as to amount of interest paid on balances, time 
 certificates, etc. State whether certificate book is properly kept. 
 State whether certificates are issued for the purpose of borrowing 
 money, giving list with amount, time, interest, and how secured. 
 Report on all discrepancies under this head.) 
 
 Interest Paid on Balances, $ 
 
 Individual Ledger, Short or Long, $ 
 How often are Pass Books Balanced? 
 
 Time Certificates of Deposit, Short or Long, $ 
 Demand Certificates of Deposit, Short or Long, $ 
 
 Certified Checks, Short or Long, $ 
 
 Cashier's Checks, Short or Long, $ 
 
 Amount Due the State, if a Depository, $ 
 
 Savings Ledger, Short or Long, $ 
 When is Interest Credited? 
 
 Rate% 
 
 Rate% 
 Rate% 
 
 Rate%
 
 Schedule P. 
 
 BANKS 
 STATEMENT OF CASH. 
 
 327 
 
 DR. 
 
 Due Demand Deposits: 
 
 Subject to Check, $ 
 
 Demand Certificates, $ 
 
 Unpaid Dividend, $ 
 
 Certified Check, $ 
 
 Cashiers Check, $ 
 
 Due Clearing House, $ 
 
 Total, $ . 
 
 Due Banks and Bankers in this State, $. 
 
 Due Banks and Bankers not in this State, $. 
 
 Total $. 
 
 CR. 
 
 Cash on Hand, $ 
 
 Amount of Bonds and Stocks, present value, $ 
 
 Due from Banks and Bankers in this State, $ 
 
 Due from Banks and Bankers not in this Stated 
 
 Total $. 
 Twenty-five (25) per cent, of Demand Deposits $. 
 
 REMARKS
 
 328 BILLS AND NOTES BILLS OF SALE OF PERSONALTY 
 
 Certificate made and filed for purpose of organizing banking associa- 
 tion is evidence of truth of facts it recites, and evidence that 
 company was duly organized; from time of filing, association 
 becomes a corporation or quasi corporation; it is revocable for 
 fraud. 16 App. 820, 821 (8) (86 S. E. 644). 
 
 Chartered bank. Company incorporated mainly for the purpose of 
 exercising, and vested with, the powers usually conferred upon 
 companies authorized to act as guardian, receiver, or other trustee, 
 is not a "chartered bank," merely because it may be empowered 
 to exercise, as a mere incident to the main object of incorporation, 
 some of the functions of a bank. 13 App. 314 (2) (79 S. E. 170). 
 Judicial cognizance taken here that certain institution was a 
 "chartered bank." 15 App. 520, 521 (5) (83 S. E. 891). 
 
 Contracts. Charters of banks are contracts. 19/325. 
 
 BILLS AND NOTES. 
 
 (See Promissory Notes and Bills of Exchange, post, pages 
 
 710-724.) 
 
 BILLS OF SALE OF PERSONALTY. 
 
 3298, 3299, 3306-3308. 
 
 FOKM OF BILL OF SALE. 
 
 Georgia, County. 
 
 This agreement witnesses that for and in 
 
 consideration of the sum of dollars to him in hand 
 
 paid by , the receipt whereof is hereby acknowl- 
 edged, has bargained and sold, and does hereby bargain, sell 
 
 and deliver unto the said (Here describe the 
 
 property). . 
 
 The said does hereby warrant the title to 
 
 said 
 
 In witness whereof the said has hereunto set 
 
 his hand and seal, this day of , 19 .... 
 
 . [SEAL.! 
 
 J. P. 
 
 BILL OF SALE OF PERSONAL PROPERTY TO SECURE DEBT. 
 
 3306. 
 
 Whereas, I, , am indebted to 
 
 in the sum of dollars, evidenced by my promissory
 
 BILLS OF SALE OF PERSONALTY 329 
 
 note dated the day of , 19. . . ., and payable 
 
 the day of , 19. . . . , with interest thereon 
 
 from at the rate of per cent, per annum. 
 
 Now, therefore, in order to secure the payment of said note, 
 
 1 hereby bargain, sell, transfer and deliver* to the said 
 
 , his administrators, executors and assigns, the 
 
 following personal property, to wit: (describe the property 
 sold). 
 
 This day of , 19 
 
 J. P. 
 
 [*NOTE. If possession is to be retained by the maker of the bill of 
 sale the word "deliver" in the above form should be stricken and the 
 word "convey" inserted; in which case the following words should be 
 
 added to the form: "The delivery of said property to said 
 
 is hereby dispensed with and the same is to remain in my possession, 
 and I am to have the use and possession of the same until default on 
 my part to pay said note or interest when due. My possession of said 
 property, until said note is paid, is to be that of a bailee for hire, the 
 holder of said note to be paid as hirer of said property, and upon default 
 
 as aforesaid I bind myself to deliver said property to said 
 
 as such bailee."] 
 
 BOXD TO RECOXVEY PERSONALTY HELD AS SURETY UNDER 
 BILL OF SALE. 
 
 Georgia, County. 
 
 I hereby acknowledge myself, my heirs, executors and admin- 
 istrators held and firmly bound unto in the sum 
 
 of dollars (double the value of the property), 
 
 subject to the following conditions: 
 
 The condition of the above obligation is as follows : Whereas, 
 
 the said obligee heretofore on the day of , 19. . ., 
 
 made and delivered to the obligor a certain bill of sale conveying 
 thereby the title to certain personal property described as fol- 
 lows: (Here put in the description of the property), to secure 
 
 the payment of a certain promissory note, dated the day 
 
 of , 19 . . . . , for the sum of $ principal, 
 
 with interest thereon at the rate of per cent, per annum, 
 
 together with the condition for payment of attorney's fees in 
 the event said note is collected by suit or placed in the hands 
 of an attorney for collection, the said note being in:idc by the
 
 330 BILLS OF SALE OF PERSONALTY 
 
 obligee to the obligor, and due on the day of , 
 
 19 
 
 Now if the said obligee shall well and truly pay said note at 
 the time it becomes due, according to the tenor and effect 
 thereof, then this bond to be void, otherwise of force and effect. 
 
 This the day of , 19 
 
 FOB THE PURCHASE MONEY WITH TITLE RESERVED. 
 
 $100.00 , GJL, ,19 
 
 Six months after date, I promise to pay to the order of John 
 Doe, the sum of one hundred ($100.00) dollars, with interest 
 from date at eight per cent, per annum, together with all costs 
 of collection, including ten per cent, attorney's fees in the event 
 said note is collected by suit, or placed in the hands of an attor- 
 ney for collection. 
 
 This note is given for the purchase money of one certain bay 
 horse about nine years old and weighing about one thousand 
 pounds, named "Bob," and, to secure the payment of this note, 
 together with interest, costs and attorney's fees, the payee hereof 
 reserves as security therefor the title to said horse, and the title 
 thereto is to remain in the said payee until this note is fully 
 paid and discharged. 
 
 It is further understood and agreed that in the event said 
 horse should die or in any way be damaged or injured previous 
 to the payment of this note, that the maker thereof and pur- 
 chaser of said horse shall lose the same, and the said loss shall 
 not be charged to the payee of this note nor shall in any way 
 lessen or affect his liability thereon. And I, the maker of this 
 note, and each security and endorser thereof, for himself and 
 family, hereby waives and renounces all right that he may have 
 to homestead or exemption under the laws of Georgia, or to 
 plead the same against this note or any renewal thereof. 
 
 In witness whereof I have hereunto set my hand and affixed 
 my seal, the day and year first above written. 
 
 (L. S.) 
 
 (L. S.) 
 
 Signed, sealed and delivered in the pres- 
 ence of : 
 
 J.'P.'
 
 BONDS BONDS FOB TITLE 331 
 
 [NOTE. In order for the reservation of title to be valid, as against 
 a third person, it must be in writing, and executed and attested in the 
 same manner as mortgages on personal property. 3318. It must be 
 recorded within thirty days of its date, and is otherwise governed by 
 the laws relating to the registration of mortgages. 3319.] 
 
 BONDS. 
 
 [NOTE: Forms of official bonds, and such bonds as are required in 
 legal proceedings, will be found under the specific topics.] 
 
 BONDS FOR TITLE. 3306, 4213-4215. 
 
 FORM OF BOND. I. 
 
 Georgia, County. 
 
 Know all men by these presents, That , of the 
 
 county and State aforesaid, part. . of the first part , 
 
 held and firmly bound unto , part . . of the second 
 
 part, heirs and assigns, in the penal sum of 
 
 dollars, for the payment of which well and truly to be made, 
 the said part. . of the first part hereby bind heirs, execu- 
 tors and administrators, jointly, severally and firmly by these 
 
 presents. Signed with hand. ., and sealed with. ..... 
 
 seal . . , this ...... day of , 19 .... 
 
 The condition of the foregoing obligation is, That whereas 
 the said part. . of the first part ha. . . this day agreed to sell 
 to the said part. . of the second part a certain tract or parcel 
 of land situated, lying and being in the _ . . . 
 
 > 
 
 for the consideration of the sum of dollars, said 
 
 sum to be paid as follows : 
 
 dollars, this day paid, the receipt whereof is 
 
 hereby acknowledged, and dollars payable on the .... 
 
 day of , 19 . . . . , and dollars payable on 
 
 the day of , 19 . . . . , for which deferred 
 
 payments the said part . . of the second part ha . . given 
 
 promissory notes, dated this day, bearing interest at the rate 
 of per cent, per annum from this date until paid, and
 
 332 BONDS FOR TITLE 
 
 stipulating that said part. . of the second part shall pay attor- 
 ney's fees and cost of suit, as therein provided, said notes to 
 become due as above stated. 
 
 Now if the said part. . of the second part shall well and truly 
 pay the said several sums of money at the times specified, then 
 
 the said part . . of the first part bound to make and 
 
 execute to the part . . of the second part or assigns a 
 
 .good and sufficient title to the above described lot or parcel of 
 land ; but on. failure of the said part . . of the second part to 
 pay the said sums of money, or either of them, at the times 
 specified, then the said obligation to be void and of no effect. 
 In witness whereof, the said part . . of the first part ha . . 
 
 hereunto set hand., and affixed seal.., the day 
 
 and year above named. 
 
 [SEAL.! 
 
 Signed, sealed and delivered in the pres- 
 ence of: 
 
 J. P. 
 
 FORM OF BOND. II. 
 
 Georgia, County. 
 
 Know all men by these presents, That I, John Doe, of the 
 county and state above named and stated, am held and firmly 
 bound unto Richard Roe, his heirs and assigns, in the just and 
 full sum of one thousand ($1,000.00) dollars subject to the 
 conditions hereinafter stated. Signed with my hand and sealed 
 with my seal, this the day of . . , 19. ... 
 
 The condition of the above obligation is as follows : Whereas, 
 the said John Doe has this day sold to Richard Roe, lot of land, 
 
 Number , in the district and 
 
 section of county, for and at the purchase price 
 
 of dollars, of which amount the said Richard 
 
 Roe has this day paid dollars, leaving as 
 
 balance of purchase price the sum of dollars, 
 
 for which the said Richard Roe has executed his four certain 
 promissory notes, bearing even date, and containing a stipulation 
 to pay ten (10) per cent, attorney's fees and costs of collection 
 in the event said note is placed in the hands of an attorney for 
 collection or collected by suit, one of said notes to be due twelve
 
 BONDS FOR TITLE 
 
 months from date, and another one due two years from this 
 date, another one due three years from this date, and another 
 one due four years from this date ; said notes being a series. 
 
 Now, it is expressly agreed by the obligee in this bond, and 
 so provided in the notes, that if any one of the said notes should 
 become due and remain unpaid for as much as sixty days, then 
 each and all of the remaining notes shall become due and pay- 
 able at the option of the obligee in this bond, and if the said 
 Richard Roe shall pay to the obligor in this bond, or the holder 
 of said notes, the several sums provided therein, according to 
 their tenor and effect at the time specified therein, then the 
 obligor herein binds himself, his heirs and assigns, to make to 
 the said Richard Roe good and sufficient titles with deed of 
 
 warranty in and to said lot of land, Number , in 
 
 the district and section of county, 
 
 containing forty (40) acres, more or less, which if the said 
 obligor shall do, then this bond to be void, otherwise of full 
 force and effect. 
 
 In witnesseth whereof, the said party of the first part has 
 
 hereunto set his hand and affixed his seal, this the day 
 
 of , 19 
 
 IL. S.1 
 
 Signed, sealed and delivered in the pres- 
 ence of 
 
 J. P. 
 
 ASSIGNMENT OF BOND FOE TITLES. 
 
 Georgia, County. 
 
 For value received, I hereby transfer and assign to 
 
 the within bond for titles, together with all and 
 
 singular my rights and interest in and by virtue of the same. 
 
 This day of , 19
 
 334 BRIDGES 
 
 SALE OF LAND FOR PURCHASE-MONEY. 3330, 6037-6039. 
 
 Land held under bond for titles is not subject to execution sale as the 
 property of the holder of the bond, until he is vested with the title. 
 101 Ga. 258. Lien of transferee of purchase-money note not enure 
 to his benefit, he taking the note without endorsement or guaranty 
 of payment by the payee, and without any conveyance of title to 
 the land to him. 105 Ga. 377. Measure of damages for breach 
 of bond. 4401. 
 
 PETITION FOR ORDER FOR ADMINISTRATOR TO MAKE TITLES 
 ON BOND OF INTESTATE. 4016-4020. 
 
 (See ante, pp. 202-207.) 
 
 BEIDGES. 744-781. 
 
 BRIDGE CONTRACTOR'S BOND. 389-389 (b), 748-750. 
 
 Georgia, County. 
 
 We, , as principal, and , 
 
 as security, both of said county and State, acknowledge our- 
 selves held and bound unto , the ordinary of 
 
 said county, and his successors in office, in the sum of 
 
 dollars, subject to the following conditions: 
 
 The condition of the above obligation is as follows: That 
 whereas, at the letting out of the building of a bridge, across 
 
 , near the town of , in said county, 
 
 said became the lowest bidder, at and for the 
 
 sum of dollars; now, should the said 
 
 faithfully, well and truly perform his said contract in building 
 said bridge, and shall also keep the same in good repair for 
 
 years (according to -the stipulations entered into and 
 
 filed in the office of said ordinary) from the date of this obliga- 
 tion, then the same to be void, otherwise of force. This 
 
 day of , 19 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 by me : 
 
 Ordinary.
 
 CERTIORARI 335 
 
 CERTIORAKI. 5180-5205. 
 
 PETITION FOR CERTIORARI. 5183. 
 
 To the Superior Court of said County: 
 
 The petition of .shows that at the 
 
 term of the court of said county, 
 
 district, G. M., there carne on to be tried before , 
 
 then and there presiding, the case of vs , 
 
 being an action upon 
 
 The (verdict or judgment) was adverse to your petitioner, 
 and he is dissatisfied therewith; and now, within thirty days 
 from the final determination of said cause, petitioner having 
 complied with the requirements of law in such cases, presents 
 this petition for writ of certiorari, in which petition he now 
 here proceeds plainly, fully and distinctly to set forth the nature 
 of said cause ; what occurred on said trial ; and the errors com- 
 plained of. 
 
 1. At the appearance term of said court defendant filed the 
 
 pleas of and of , copies of 
 
 which pleas are hereto attached, and marked "Exhibit A" and 
 ''Exhibit B." respectively. 
 
 2. The case being called for trial, both parties announced 
 ready, whereupon the defendant moved to dismiss said case upon 
 
 the ground that , 
 
 The Court overruled the said motion and the cause proceeded 
 to trial. 
 
 3. Plaintiff offered in evidence , to the 
 
 introduction of which the defendant objected, on the ground 
 
 that The objection was overruled and said 
 
 received in evidence, whereupon the plaintiff 
 
 closed. 
 
 Defendant being sworn as a witness testified, as follows: 
 
 Plaintiff being sworn as a witness testified, as follows:... 
 
 4. There being no further evidence, the court entered up 
 judgment (or, the jury found a verdict) in favor of plaintiff 
 
 against defendant for $ , besides interest and cost 
 
 of suit.
 
 336 CERTIORARI 
 
 Petitioner avers that said court erred in 
 
 and also in and in entering up judgment 
 
 as aforesaid, all of which rulings and findings of said court the 
 petitioner assigns as error. 
 
 Wherefore, in order that said errors may be reviewed and 
 corrected, petitioner prays that the State's writ of certiorari 
 
 may issue, directed to , in terms of the law, 
 
 requiring him to certify and send up all the proceedings in said 
 
 case to the ^. . . .term, 19. . . ., of the Superior Court 
 
 of said county, that such judgment may he rendered therein as 
 may seem in accordance with law. And your petitioner will 
 ever pray. 
 
 Petitioner's Attorney. 
 
 Application for writ must be within thirty days after final determina- 
 tion of the case; returnable to next Superior Court, if twenty days 
 after; otherwise to next succeeding term, 5188; if thus "applied 
 for" in time and sanction obtained, the petition may be filed at any 
 time within three months from date of judgment. 4365; 143 G'a. 
 572 (85 S. E. 760). Application should show on its face that it was 
 presented in time. 113 Ga. 114 (38 S. E. 304). 
 
 AFFIDAVIT. 5184. 
 
 Georgia, County. 
 
 I , do solemnly swear that the petition for 
 
 certiorari is not filed in the case for the purpose of delay only, 
 and I verily believe I have good cause for certiorari ; and that 
 the facts stated in the foregoing petition, so far as they come 
 within my own knowledge, are true, and so far as they are 
 derived from the knowledge of others, I believe them to be true. 
 
 Sworn to and subscribed before me, this 
 day of .., 19 
 
 BOND. 5185. 
 
 Georgia, County. 
 
 In the case of vs , 
 
 in the justice court of said county, District, G. M.,
 
 CKETIOKAKI 337 
 
 said , being dissatisfied with the 
 
 rendered therein, and desiring to.certiorari said case, brings. . . 
 
 and tenders him as security ; and thereupon 
 
 the said , principal, and said , 
 
 security, acknowledge themselves jointly and severally bound 
 
 to said , heirs, executors, administrators and 
 
 assigns, for the eventual condemnation money and all future 
 costs in said case, for the payment of which they bind them- 
 selves, their heirs, executors and administrators firmly by these 
 presents. 
 
 Witness their hands and seals, this day of 
 
 ,19.... 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 
 by me, this day of , 19 .... 
 
 ,J.P. 
 
 Approval of bond must be by officer whose decision is to be reviewed. 
 
 13 App. 5, 7 (78 S. E. 684). Approval not shown by certificate of 
 
 magistrate that petitioner "has given bond as required by law." 
 
 16 App. 571 (85 S. E, 766); 17 App. 366 (86 S. E. 945). 
 Attestation of bond may be by any attesting officer. 13 App. 5, 7 (78 
 
 S. E. 684). 
 "Money" omitted after word "condemnation" not make bond void. 14 
 
 App. 29 (80 S. E. 25). 
 Personal appearance, bond given by one convicted in recorder's or 
 
 mayor's court of violation of ordinance must be conditioned for. 
 
 18 App. 729 (90 S. E. 372). See Park's Ann. Code, 1914, 5191 (a). 
 Petition reciting that petitioner complied with requirements of the law 
 
 not sufficient to show that bond was filed. 17 App. 345 (86 S. E. 
 
 823). Amendments not allowable. 15 App. 618, 619 (83 S. E'. 1102) ; 
 
 18 App. 453 (89 S. E. 535). 
 
 CEBTIFICATE. 5185. 
 
 Georgia, County. 
 
 I, , the magistrate who presided in the 
 
 case to which the foregoing petition and bond refer, hereby 
 certify that all costs which have accnied on the trial of said 
 
 case have been paid by said , the petitioner 
 
 for certiorari, and that he has given bond and security as re- 
 quired by law. 
 
 ,J.P.
 
 338 CERTIORARI 
 
 AFFIDAVIT IN FORMA PAUPERIS. 5187. 
 
 Georgia, County. 
 
 Personally came before me , who, on oath, 
 
 says that the foregoing petition for certiorari is not filed in this 
 case for the purpose of delay only; that he is advised and 
 believes he has good cause for certioraring the proceedings to 
 the Superior Court, and that, owing to his poverty, he is unable 
 to pay the cost or give security, as required by law, and that 
 the facts stated in the foregoing petition, so far as they come 
 within his own knowledge, are true, and, so far as derived from 
 the knowledge of others, he believes them to be true. 
 
 Sworn to and subscribed before me this 
 day of , 19 
 
 "And" instead of "or" used, affidavit is invalid. 3 App. 437 (60 S. E. 
 202); 14 App. 721 (82 S. E. 307); 18 App. 453 (89 S. E. 535). 
 
 SANCTION OF WRIT. 5188. 
 
 At Chambers, Superior Court, 
 
 ,Ga., day of ,19 
 
 The foregoing petition for writ of certiorari being presented, 
 the same is, upon consideration thereof, sanctioned: Let the 
 writ of certiorari issue as prayed. 
 
 This day of , 19 
 
 WRIT OF CERTIORARI. 5188. 
 
 Superior Court of County. 
 
 Georgia, County. 
 
 : ...,19.... 
 
 To , (Notary Public and ex-officio Justice of 
 
 the Peace) in and for the Dist., Georgia Militia: 
 
 Whereas, alleges, by his petition for
 
 CERTIORARI 339 
 
 certiorari, that at the term of your court, 19. . . ., 
 
 judgment was rendered against him in favor of 
 
 vs for the sum of dollars ; with 
 
 which judgment your petitioner is dissatisfied. 
 
 And whereas, said ha. . . complied with the 
 
 requirements of the law in cases of application for certiorari. 
 
 Now, therefore, you are hereby notified and required to 
 certify and send up to the Superior Court, to be held in and for 
 
 said county, on the first Monday in next, under 
 
 your hand and seal, all the facts and proceedings in this case, 
 in your court aforesaid. 
 
 Witness, the Honorable , judge of said court. 
 
 Clerk Superior Court, County, Ga. 
 
 SERVICE. 5189. 
 
 Due and legal notice of the sanction of the writ of certiorari 
 in the within and foregoing case, and of the time and place of 
 hearing, acknowledged : All other or further notice and service 
 waived. 
 
 This day of , 19 
 
 Attorney for Defendant in Certiorari. 
 
 NOTICE OF SANCTION. 5190. 
 
 Georgia, County. 
 
 To , or his attorney: 
 
 You are hereby notified that in the case of . 
 
 vs , in (the justice court of county, 
 
 district, G. M.), the same being an action upon 
 
 , in which judgment was rendered for the 
 
 on the day of , 19 . . . . , 
 
 the said has filed a petition for the writ of 
 
 certiorari, and that the same has been sanctioned by the pre- 
 siding judge of the Superior Court of said county, and that the
 
 '340 CERTIORARI 
 
 "time and place of the hearing of said case will be at the next 
 term of the Superior Court, at the court house in said county. 
 
 Attorney for Plaintiff in Certiorari. 
 
 Notice should be given at least ten days before beginning of term of 
 court to which returnable. 13 App. 599 (79 S. E. 586). 
 
 AFFIDAVIT AS TO SERVICE OF NOTICE. 
 
 Georgia, . County. 
 
 Before me came , who, on oath, says that 
 
 he served a written notice, of which the foregoing is a copy, 
 upon on the day of , 19 .... 
 
 Sworn to and subscribed before me this 
 day of.... , 19 
 
 ANSWER TO WRIT OF CERTIORARI. 5195. 
 
 1 Complaint on note in Justice's 
 
 vs. r Court District, G. M., 
 
 J County. 
 
 Judgment (or verdict as the case may be) for plaintiff 
 
 , term, 19 .... 
 
 To the Superior Court of said County: 
 
 Comes now , justice of the peace, in answer 
 
 to the writ of certiorari in the above stated case, sued out by 
 the defendant therein and directed to me, replying specifically 
 to the allegations in the said petition, says : 
 
 1. It is true that an action was brought to the term, 
 
 19. . . ., of the justice's court of the district, G. M., 
 
 of county, by said plaintiff against said 
 
 defendant, said action having been tried at the term, 
 
 19. . . ., of said court, at which time judgment was rendered in 
 
 favor of the plaintiff against the defendant in the sum of 
 
 dollars. 
 
 2. The pleas of payment and of the statute of limitations 
 were filed at the appearance term of said case.
 
 CERTIORARI 341 
 
 3. That at said term said case came on to be tried, and that 
 the defendant moved to dismiss the same upon the ground that 
 
 the summons bore date of the day of , 19. . . ., 
 
 was made returnable on the day of , 19 . . . . , 
 
 which said motion was overruled by respondent, who presided 
 as justice of the peace at the trial of the case. 
 
 4. That the defendant objected to the introduction as evi- 
 dence of the note sued upon on the ground that said note had a 
 subscribing witness thereto, who was not produced to prove the 
 execution of said note, and no cause was shown to the court why 
 said subscribing witness was not produced. Which said objec- 
 tion was overruled by respondent and the note admitted in 
 evidence. 
 
 5. That on the trial of said case testified 
 
 as follows, etc., etc. [Set out here fully and distinctly all the 
 facts and circumstances connected with the case, as appearing in 
 the evidence on the trial thereof, so as to fully meet the require- 
 ments of the petition for certiorari.] 
 
 True copies of all the proceedings in said case are hereby 
 certified as true and sent up. 
 
 All of which is respectfully submitted. 
 
 Given under my hand and official seal, this day 
 
 of 19 
 
 EXCEPTIONS TO ANSWER TO WRIT. 5196. 
 
 ' 1 Certiorari, Superior 
 
 Court, Term, 19 
 
 And now comes the defendant in the certiorari, by 
 
 , his attorney, before the call of the above stated 
 
 case, and excepts to the answer of , the Justice 
 
 of the Peace in the above stated case, and for cause of exception 
 says: 
 
 1. That said answer is incomplete and not full, in this ; that 
 
 it fails to set out the testimony of , a witness 
 
 sworn upon the trial of said case. Who testified as follows: 
 [Here set out substantially the testimony of the witness left out 
 of the answer.] 
 
 2. [State all further grounds of exceptions.] 
 W T herefore the said prays that the foregoing
 
 342 CERTIOEARI 
 
 exceptions be sustained, and that .-, the Justice 
 
 of the Peace aforesaid, be required to complete and make fuller 
 his answer in the particulars mentioned. 
 
 Attorney for Defendant in Certiorari. 
 
 Exceptions must be filed in writing, and notice given, before case is 
 called in its order for hearing. 15 App. 617 (83 S. E. 1102). 
 
 NOTICE OF EXCEPTIONS TO ANSWER OF MAGISTRATE. 
 
 In Superior Court, 
 
 Term, 19 
 
 Plaintiff in Certiorari 
 
 vs. 
 
 Certiorari. 
 Defendant in Certiorari 
 
 To , Defendant in Certiorari, 
 
 Or , his Attorney : 
 
 You are hereby notified that I, as attorney for the plaintiff 
 in certiorari, have this day filed exceptions to the answer of 
 
 , J. P., who presided in said case in the court 
 
 below, a copy of which said exceptions are hereto attached, and 
 that said exceptions were filed previous to the calling of said 
 case in its order and at this the return term of said certiorari. 
 This day of ,19 
 
 Attorney for Plaintiff in Certiorari. 
 
 TRAVERSE TO ANSWER. 5200. 
 
 , Superior Court, Certiorari 
 
 , . from Justice's Court, 
 
 District, G. M., of. , 
 
 County. 
 
 And now comes the plaintiff (or defendant, as the case may 
 be) in certiorari in the above stated case, by his attorney,. . . . 
 
 , at the return term of said certiorari, and 
 
 before the hearing thereof, and traverses the truth of the answer 
 and says that (Insert all of the allegation or allegations of the
 
 CERTIORARI 343 
 
 answer sought to be denied) is not in fact true. Of which he 
 puts himself upon the country. 
 
 This day of , 19 
 
 Attorney for Plaintiff in Certiorari. 
 
 Georgia, County. 
 
 In person appeared , the plaintiff in 
 
 certiorari in the above stated case, who on oath says that the 
 statements contained in the foregoing traverse are true. 
 
 Sworn to and subscribed before me this 
 
 day of , 19 
 
 .J.P. 
 
 Where answer was paragraphed, traverse saying that "allegations in 
 the answer as follows, to wit: Paragraphs 2, 3 and 4 is not in fact 
 true, of which he puts himself upon the country," while subject to 
 grammatical criticism, sufficiently complies with Code, 5200. 18 
 App. 288 (89 S. E. 342). 
 
 JUDGMENT OF THE COURT. 
 
 * I Certiorari in Superior 
 
 vs r 
 
 Court, Term, 19 
 
 Upon hearing the above stated case, it is ordered by the court, 
 that the certiorari be sustained,* and that the judgment rendered 
 in the court below be set aside, and a new trial had therein. 
 And it is further ordered that the plaintiff in certiorari be 
 allowed to enter up judgment against the defendant for the costs. 
 
 Judge of Superior Court. 
 
 [*NOTE. If the certiorari is not sustained the order should be "that 
 the certiorari be overruled and dismissed. Let the defendant in cer- 
 tiorari have leave to sign up judgment in this court against the plaintiff 
 
 in certiorari, and his security on bond for the sum recovered 
 
 in the court below by the said plaintiff in certiorari, to wit, the sum 
 of dollars, together with the costs in this court."] 
 
 JUDGMENT FOR COSTS. 
 
 Whereupon, it is adjudged by the court that 
 
 plaintiff in certiorari, recover of , defendant
 
 344 CHARTERS 
 
 in certiorari, the sum of dollars and, 
 
 cents for costs. 
 
 This day of , 19 
 
 Attorney for Plaintiff in Certiorari. 
 
 CHARTERS. 2192-2202, 2822-2861. 
 
 SUPERIOR COURT CHARTERS. 2822-2861. 
 
 PETITION FOR CHARTER. I. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of John Doe and Richard Roe, of said county, 
 shows to the court the following facts : 
 
 1st. Petitioners, together with their associates, desire to be 
 
 incorporated under the name of the Company, 
 
 for the period of twenty years, with the right to renew said 
 charter at the expiration of said time. The object of said cor- 
 poration is pecuniary gain and to carry on and maintain a 
 
 general mercantile business in the city of , and to 
 
 buy and sell goods, wares and merchandise, cotton, corn and 
 any other article or articles that may be dealt in by the said 
 corporation, and to make contracts, borrow money, loan money, 
 to sue and be sued, and do any and all acts that may be neces- 
 sary in the operation of said business. 
 
 2nd. The principal place of said business will be in the city 
 of , in said county of 
 
 3rd. The capital stock of said corporation shall be 
 
 dollars, divided into shares of dollars each, and 
 
 they desire to begin in business when ten per cent, of the capital 
 stock is paid in. 
 
 4th. Petitioners desire that said corporation may have the 
 right to elect a Board of Directors by a vote of its stockholders, 
 and to elect a President, Vice-President and Secretary and 
 Treasurer by said Board of Directors, and to have and make 
 all proper and necessary by-laws, rules and regulations that are
 
 CHAETERS . 345 
 
 necessary and may be proper for the carrying on of said busi- 
 ness, and also to have and use a common seal. 
 
 Wherefore, petitioners file this their petition in the office of 
 the Clerk of the Superior Court, and pray that after the same 
 has been advertised as required by law, that the Court by proper 
 order grant this petition. 
 
 Attorney for Petitioners. 
 Filed in office, this i day of 1 . 19 .... 
 
 Clerk Superior Court. 
 Georgia, County. 
 
 Office of Clerk of Superior Court of County. 
 
 I, , Clerk of the Superior Court of 
 
 County, hereby certify that the foregoing is a true and correct 
 copy of the application for charter, as the same appears of file 
 in this office. 
 
 This day of , 19 
 
 Clerk of Superior Court. 
 
 PETITION FOR CHARTER, II. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of , of County, Georgia, 
 
 and , of , State of , respect- 
 fully shows : 
 
 1. That they desire for themselves, their associates and suc- 
 cessors, to be incorporated and made a body politic under the 
 name and style of , for the period of twenty years. 
 
 2. The principal office of said company shall be in the city 
 of , State and county aforesaid, but petitioners de- 
 sire the right to establish branch offices within this State or 
 elsewhere, whenever the holders of a majority of the stock may 
 so determine. 
 
 3. The object of said corporation is pecuniary gain to itself 
 and its shareholders. 
 
 4. The business to be carried on by said corporation is ....
 
 346 . CHARTERS 
 
 5. The capital stock of said corporation shall be 
 
 thousand dollars ($ ), with the privilege of increasing 
 
 same to the sum of thousand dollars ($ ) by 
 
 a majority vote of the stockholders, said stock to be divided 
 into shares of one. hundred ($100.00) dollars each. Ten per 
 cent, of the amount of capital to be employed by them has been 
 actually paid in. 
 
 [Petitioners desire the right to have the subscriptions to said 
 capital stock paid in money or property to be taken at a fair 
 valuation.] 
 
 [Petitioners further desire to issue common and preferred 
 stock in such proportion as the stockholders may determine.] 
 (See "Preferred Stock," post, p. 347.) 
 
 6. Petitioners desire the right to sue and be sued, to plead 
 and be impleaded, to have and use a common seal, to make all 
 necessary by-laws and regulations, and to do all other things 
 that may be necessary > for the successful carrying on of said 
 business, including the right to buy, hold, and sell real estate 
 and personal property suitable to the purposes of the corpora- 
 tion, and to execute notes and bonds as evidence of indebted- 
 ness incurred, or which may be incurred, in the conduct of the 
 affairs of the corporation and to secure the same by mortgage, 
 security-deed, or other form of lien, under existing laws. 
 
 7. They desire for said incorporation the power and authority 
 to apply for and accept amendments to its charter of either 
 form or substance by a vote of a majority of its stock outstand- 
 ing at the time. They also ask authority for said incorpora- 
 tion to wind up its affairs, liquidate and discontinue its busi- 
 ness at any time it may determine to do so by a vote of two- 
 thirds of its stock outstanding at the time. 
 
 8. They desire for the said incorporation the right of re- 
 newal when and as provided by the laws of Georgia, and that 
 it have all such other rights, powers, privileges and immunities 
 as are incident to like incorporations or permissible under the 
 laws of Georgia. 
 
 Wherefore, petitioners pray to be incorporated under the 
 name and style aforesaid with the powers, privileges and im- 
 munities herein set forth, and as are now, or may hereafter be, 
 allowed a corporation of similar character under the laws of 
 Georgia. 
 
 [NOTE. The clauses embraced in the brackets in par. 5, above, may 
 be omitted if desired.]
 
 CHARTERS 347 
 
 PREFERRED STOCK. 
 
 [In lieu of par. 5 of the last form the following may be inserted:] 
 
 The capital stock of the company shall consist of 
 
 shares of the par or face value of $ per share, and 
 
 shares of preferred stock of the par or face value of $ per 
 
 share. The rights of holders of preferred stock shall be set 
 forth, and determined by the by-laws to be adopted by the 
 corporation at its first meeting held for organization. Such 
 parts of said by-laws as relate to the rights of preferred stock- 
 holders shall not thereafter be altered, amended or rescinded 
 without the unanimous consent of all of said preferred stock- 
 holders present and voting at such meeting. 
 
 Filed in office this day of , 19. .. 
 
 Clerk. 
 Georgia, .......... County. 
 
 Office of Clerk of Superior Court of ........ County. 
 
 I, ............ , Clerk of the Superior Court of ......... 
 
 County, hereby certify that the foregoing is a true and correct 
 copy of the application for charter, as the same appears of file 
 in this office. 
 
 This ......... day of ........ , 19. .. 
 
 Clerk of Superior Court. 
 
 AGREEMENT AND STOCK SUBSCRIPTIONS. 
 
 Georgia, County. 
 
 The premises herein considered are as follows: John Doe, 
 Richard Roe and John Smith have applied to the Superior 
 
 Court of County and obtained at the Term, 
 
 1917, of said court a charter for the Atlanta Gas Producer 
 Company, granted to them and their associates, wherein the 
 capital stock of said Company is to be $100,000, divided into 
 shares of stock of $100.00 each, making in all, one thousand 
 (1000) shares; the object of said Company being to manufac- 
 ture producer gas for sale, and to supply the same for pecuniary 
 gain, to such person or persons as may contract for and use the 
 same. Now, the undersigned being conversant with the terms
 
 348 CHARTERS 
 
 of said Charter and the object of said proposed corporation, 
 and desiring to associate ourselves with the incorporators as 
 stockholders in said Company, hereby aerree and do subscribe 
 for the several numbers of shares set opposite our signatures 
 hereinafter. It being hereby agreed and expressly understood 
 that this subscription shall be collected by and payable to such 
 person or persons as may be appointed or designated upon the 
 organization of the Company as the proper person to receive 
 the same, and to be paid in as follows: Ten per cent, thereof 
 upon the organization of the Company, and the remainder in 
 such installments and at such times as may be afterwards de- 
 termined upon and called for by the directors of the Company, 
 and it is further expressly understood and agreed that there are 
 no conditions, contracts, agreements or release in reference to 
 this subscription outside of what appears on the face of this 
 contract. 
 
 This.. . 19.. 
 
 BY-LAWS. 
 
 BY-LAWS OF THE . . . . COMPANY OF GEORGIA. 
 
 AETICLE I. 
 
 MEETING OF STOCKHOLDERS. 
 
 SECTION 1. The annual meeting of the stockholders of this 
 company shall be held at the principal office of the company in 
 
 the city of on the first (Wednesday) after 
 
 the Monday of in each year, at twelve 
 
 o'clock noon on that day (unless such day be a legal holiday, in 
 which case the meeting shall be held at the same hour on the 
 next day following, that is not a legal holiday), for the election 
 of directors, and the transaction of such other business as may 
 then properly come before said meeting. A written or printed 
 notice of time and place of such meeting shall be given by the
 
 CHARTERS 34r9 
 
 secretary, by delivery of or by mailing such notice to each stock- 
 holder, addressed to him at his usual place of business, or such 
 address as may appear on the books of the company, at least ten 
 days previous to such meeting, and in such other manner, if 
 any, as may be prescribed by law. 
 
 If for any reason the annual election shall not be held as 
 hereinbefore provided, it may be held on any subsequent day 
 to be fixed by the Board of Directors. 
 
 SEC. 2. Special meetings of the stockholders may be called 
 at any time by the president or Board of Directors, and the 
 president shall call a special meeting whenever he is requested 
 in writing so to do by the stockholders representing one-third 
 of the capital stock. Such request may specify the time, place 
 and object of the proposed meeting. 
 
 A written or printed notice of the time, place and object of 
 every special meeting shall be given by the secretary by delivery 
 of, or by mailing such notice to each stockholder, addressed to 
 his usual place of business or such address as may appear on 
 the books of the company, at least ten days previous to such 
 meeting and in such other manner, if any, as may be prescribed 
 by law. 
 
 SEC. 3. At said meeting of the stockholders a majority in 
 interest of the stockholders shall constitute a quorum for the 
 transaction of business, except as otherwise provided by law, 
 and except that a less number may adjourn a meeting. 
 
 At said meeting of stockholders, each stockholder shall be 
 entitled to one vote for each share of stock standing in his 
 name on the books of the company, and such vote may be cast 
 by the stockholder in person, or by proxy, properly authorized 
 by written or printed appointment, executed by stockholder him- 
 self, or by his duly authorized attorney. 
 
 ARTICLE II. 
 
 DIRECTORS. 
 
 SECTION 1. The entire general charge of the affairs of the 
 
 company shall be managed and conducted by directors, 
 
 to be elected by the stockholders for this company at the time 
 and place fixed by the by-laws. They shall hold office for one 
 year and until their successors are elected.
 
 350 CHARTERS 
 
 A majority of the Board of Directors at a meeting duly assem- 
 bled shall be necessary to constitute a quorum for the transaction 
 of business, and the act of a. majority of the directors present 
 at a meeting at which a quorum is present shall be the act of 
 the board. Any vacancy or vacancies in the board may be filled 
 for the period until the next election by the remaining directors. 
 
 SEC. 2. A regular meeting of the Board of Directors shall 
 be held on the day of and immediately after the annual meeting 
 for the election of directors, provided a majority of the directors 
 elected at said meeting shall be present. They shall organize 
 and proceed to the election of officers as hereinafter provided. 
 
 SEC. 3. Special meetings of the directors may be called at 
 any time by the president, or shall be called by him or by the 
 secretary, upon request in writing, signed by two of the direc- 
 tors, specifying the time and place and object of the proposed 
 meeting. 
 
 SEC. 4. A written or printed notice of the time, place and 
 object of every special meeting of the Board of Directors shall 
 be given the secretary, by delivery of, or by mailing such notice 
 to each director, addressed to him at his usual place of business, 
 or such address as may appear on the books of the company, at 
 least three days before the time named for the meeting. 
 
 SEC. 5. Each director shall be entitled to a fee of $ 
 
 for punctual attendance at each meeting of the Board of Direc- 
 tors or of any committee thereof. 
 
 ARTICLE III. 
 
 EXECUTIVE COMMITTEE. 
 
 SECTION 1. The Board of Directors shall, at each annual 
 meeting, elect three of its members \vho shall constitute an 
 Executive Committee, which Executive Committee shall possess 
 all the powers and authority when the Board of Directors is 
 not in session, which the Board of Directors does, or can provide 
 when in session, by virtue of the articles of organization of this 
 corporation. The Executive Committee shall keep the returns 
 of all its transactions, which shall be read at each meeting of 
 the Board of Directors, and the Board of Directors, at such 
 meeting shall have the power to disapprove, rescind and annul
 
 CHABTEBS 351 
 
 any act or transaction of the Executive Committee, and all the 
 acts and transactions of the Executive Committee not disap- 
 proved, rescinded or annulled, shall be held and taken to be 
 approved and confirmed by the Board of Directors. 
 
 SEC. 2. The Executive Committee may fix the time and 
 place of holding its regular meeting, and after such time and 
 place shall have been fixed, no notice of such regular meeting 
 shall be necessary. 
 
 SEC. 3. Special meetings of the Executive Committee may 
 be called by the president whenever he shall think proper, and 
 he shall call such meeting whenever requested in writing to do 
 so by two of the members of the Executive Committee. 
 
 A written notice of the time, place and object of -any special 
 meeting of the Executive Committee shall be given by the 
 secretary, by delivery of or by mailing such notice to each mem- 
 ber, addressed to his usual place of business, or such address as 
 may appear on the books of the company, at least three days 
 before the time named for the meeting. 
 
 AETICLE IV. 
 
 v OFFICERS. 
 
 SECTION 1. The officers of the company shall consist of a 
 president, vice-president, secretary, and treasurer, to be elected 
 by the Board of Directors at a meeting for organization held 
 after the annual meeting of the stockholders, or of any meeting 
 held in lieu of said meeting, for such purpose. Each of such 
 officers shall serve for the term of one year, and until the election 
 of his successor. The Board of Directors may also appoint an 
 assistant secretary, a superintendent, and such other officers, 
 agents and employees as they may deem necessary. All officers, 
 agents, or employees, so appointed, shall be removable at the 
 pleasure of the directors. Any vacancy in any office may be 
 filled by the Board of Directors. 
 
 (a) The office of secretary and treasurer may be consolidated 
 in one person, in which case he shall discharge the duties of 
 both officers, as defined in articles VI and VII hereof.
 
 352 CHARTERS 
 
 ARTICLE V. 
 
 PRESIDENT AND VICE-PRESIDENT. 
 
 SECTION 1. The president shall preside at all meetings of 
 the corporation, and of the Board of Directors, and shall sign 
 all certificates of stock, and all notes and obligations of the cor- 
 poration, unless otherwise directed by the Board of Directors, 
 and all contracts and instruments, when authorized by the 
 directors or Executive Committee, and generally shall perform 
 all duties usually incumbent upon such officers, and such as may 
 be required of him by the Board of Directors. He shall make 
 annual reports of the condition of the company, and submit the 
 same to the stockholders at their Annual meeting. 
 
 The vice-president shall perform all the duties of the president 
 in his absence, and such other duties as may be required of him 
 by the Board of Directors. 
 
 ARTICLE VI. 
 
 TREASURER. 
 
 SECTION 1. The treasurer shall receive and have the custody 
 of all moneys and securities of the corporation, shall pay such 
 dividends as may be declared from time to time by the Board 
 of Directors, and do and perform all such duties as may be 
 required of him by its Board of Directors, and such other duties 
 as usually devolve upon such oflScers. 
 
 He shall deposit funds to the credit of the company in such 
 banks or trust companies as the Board of Directors shall direct, 
 and shall disburse the same under the direction of the Board of 
 Directors or the Executive Committee. He shall sign all cer- 
 tificates of stock, when signed by the president. 
 
 SEC. 2. He shall keep regular books and full accounts, show- 
 ing all his receipts and disbursements, which books and accounts 
 shall be open at all times to the inspector or president, or 
 of any member of the board. At the end of each fiscal year, he 
 shall submit to the directors detailed statements of his receipts
 
 CHARTERS 353 
 
 and disbursements, and shall also from time to time, at request, 
 make reports to the president as to the financial condition of the 
 company. 
 
 SEC. 3. The directors may require the treasurer to give such 
 security for the faithful performance of his duties as they shall 
 from time to time determine. 
 
 ARTICLE VII. 
 
 SECRETARY. 
 
 SECTION 1. The secretary shall have the care and custody 
 of the books of said corporation, give the necessary notices of 
 all the meetings of the stockholders, board of directors and 
 Executive Committee, and keep and retain the proceedings of 
 all such meetings. 
 
 He shall have the custody of the seal of the company, and 
 shall affix the same to all instruments requiring the seal, when 
 authorized by the Board of Directors or the Executive Com- 
 mittee. 
 
 He shall keep such other books and returns, and perform all 
 such other duties as may be assigned to him by the Board of 
 Directors, the president, or the Executive Committee. 
 
 ARTICLE VIII. 
 
 CAPITAL STOCK. 
 
 SECTION 1. Subscriptions to the capital stock shall be paid 
 in at such times and in such installments as the Board of Direc- 
 tors may, by resolution, require. 
 
 SEC. 2. Certificates of stock shall be issued, in manner pre- 
 scribed by law, to each stockholder, showing the number of 
 shares to which he is entitled. Each certificate shall be signed 
 by the president and treasurer, and have the corporate seal 
 affixed thereto. 
 
 SEC. 3. Stock shall be transferable only by entry upon the 
 books of the company upon surrender of the outstanding cer- 
 tificate or certificates therefor, with the assignment thereof duly 
 executed. Each certificate, surrendered upon the transfer of
 
 354 CHARTERS 
 
 stock, shall be at once cancelled and pasted on the margin or 
 stub in the book from which it was taken when issued. 
 
 SEC. 4. In case of any application for the issue of a new 
 certificate of stock in place of one or more claimed to have been 
 lost or destroyed, the same shall be referred to the Board of 
 Directors, who shall determine whether to grant such applica- 
 tion, and the terms, if any, upon which it is granted. 
 
 SEC. 5. Preferred stock. For form defining and regulating 
 the rights of preferred stockholders, see Frost's Incorporation 
 and Organization of Corporations, (1906), pp. 517-518. 
 
 ARTICLE IX. 
 
 DIVIDENDS. 
 
 SECTION 1. Dividends may be declared and paid out of the 
 surplus profits of the company as often and at such times as 
 the directors may determine. 
 
 ARTICLE X. 
 
 SEAL. 
 
 SECTION 1. The common seal of the company shall be in the 
 following form: (Attach impression of it.) 
 
 ARTICLE XI. 
 
 1 BY-LAWS. 
 
 SECTION 1. These by-laws may be altered or amended and 
 additional by-laws adopted by a majority vote at any meeting 
 of the stockholders in the notice of which the proposed amend- 
 ment or new by-laws shall be set forth at large. 
 On motion, it was voted to adjourn. 
 
 Attest : 
 
 Secretary of the Meeting.
 
 CHATTEL MORTGAGES CLAIMS 355 
 
 JUDGMENT GRANTING CHARTER. 
 
 Superior Court, Term, 19 .... 
 
 The above and foregoing petition by 
 
 and for a charter for the Company 
 
 coming on for a hearing, and it appearing that the same has 
 been published as required by law, and the object of said petition 
 coming within the purview of the law, it is considered, ordered 
 and adjudged that the prayer of the said petition be, and the 
 
 same is hereby granted, and the Company 
 
 is hereby chartered as a corporation, with perpetual succession 
 for twenty (20) years from this date, with the right to renew 
 said charter at the end of said time by conforming to the law, 
 
 and the said Company has the right to sue 
 
 and be sued, to contract and be contracted with, to have and 
 
 use a common seal, to carry on the business of such 
 
 Company as set out in said petition, and to begin business when 
 ten (10%) per cent, of the capital stock is paid in. The further 
 prayers of the petition are also granted. Let this judgment be 
 filed and recorded in this court, and the same is hereby declared, 
 along with said petition, by a certified copy thereof, to be 
 evidence of said incorporation and its charter. 
 
 This day of , 19 
 
 Judge of Superior Court. 
 
 CHATTEL MORTGAGES. 
 (See Mortgages, post.) 
 
 CLAIMS. 5157-5179, 6272. 
 
 CLAIM AFFIDAVIT. 5157. 
 
 Georgia, County. 
 
 Before me, a in and for said county, in 
 
 person came , who on oath says that 
 
 [specify the property levied on] lately, on the 
 
 ...... .day of , 19. . . ., levied on by , 
 
 sheriff of said county, under and by virtue of 
 
 in favor of against , issued
 
 356 CLAIMS 
 
 from the , as the property of defendant 
 
 , is not the property of said defendant, but 
 
 is the property of affiant . . ., 
 
 [Deponent sign] 
 
 Sworn to and subscribed before me this 
 day of ., 19 
 
 . P. and ex-officio J. P. 
 
 BOND. $5158. 
 
 Georgia, ........ County. 
 
 Know all men by these presents, that we, .............. , as 
 
 principal, and ............... , as security, are held and bound 
 
 unto ............. , plaintiff in fi. fa., in the sum of ..... ... 
 
 dollars, for the payment of which we bind ourselves, our heirs, 
 executors and administrators, jointly and severally, firmly by 
 these presents. Signed, sealed and dated this .......... day 
 
 of .................. , 19 ____ 
 
 The condition of this obligation is as follows : ............ , 
 
 (sheriff of said county), having on the ...... day of ......... , 
 
 19. . . ., by virtue of an execution, issued from the .......... 
 
 court of ............. levied upon [a parcel of land ......... 
 
 (describe realty and personalty in levy) . . . . ..... tyi n i n said 
 
 county and adjoining the lands of .............. on the east, 
 
 .............. on the south, ............. on the west, and 
 
 .................. on the north, the place whereon the said 
 
 ............ ... .now resides, containing two hundred acres, 
 
 more or less ; and ...... horse mules, both of medium size .... 
 
 years old] , as the property of the said .............. , to which 
 
 said property the said .............. has interposed his claim. 
 
 !N~ow, should the said ............. . . .well and truly pay to 
 
 the said ............... , plaintiff, all the damages which the 
 
 jury on the trial of the right of property may assess against 
 him, in case it should appear that said claim was made for the 
 purpose of delay only, then this bond to be void, otherwise of 
 force. 
 
 ..................... Principal [L. S.] 
 
 ..................... Security [L. S.] 
 
 Executed in the presence of and approved 
 by me, this. . . .day of ........ , 19. ... 
 
 ,
 
 CLAIMS 357 
 
 AFFIDAVIT iflr FORMA PAUPERIS. ^5164. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , the subscriber, who, being sworn, on oath 
 
 says: I, , do swear that I do not interpose 
 
 this claim for delay only ; that I bona fide claim the right and 
 title to the same; that I am advised and believe that said claim 
 will be sustained, and that from poverty I am unable to give 
 bond and security as now required by law. 
 
 Sworn to and subscribed before me this. . . . .day 
 
 of ,19 
 
 Claimant. 
 
 FORTHCOMING BOND. 5160. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , as 
 
 principal, and , as security, are bound unto 
 
 , sheriff [state name of levying officer] of said 
 
 county, in the sum of. dollars, for the payment 
 
 of which we bind ourselves, our heirs, executors and adminis- 
 trators, jointly and severally, firmly by these presents. Signed, 
 sealed and dated this ..."... day of , 19 .... 
 
 The condition of this obligation is as follows : , 
 
 (sheriff as aforesaid), having on the day of , 
 
 19. . . ., levied a certain fi. fa. issued from the court 
 
 of said county in favor of against , 
 
 upon , to which said has 
 
 interposed his claim. Now should the said deliver, 
 
 or cause to be delivered, said to said 
 
 at the time and place of sale; provided said property levied 
 upon shall upon the trial of the right of property be found sub- 
 ject to said fi. fa., then this bond to be void, otherwise of force. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 
 by me, this .... day of , 19 .... 
 
 ,J.P.
 
 358 CLAIMS 
 
 FORTHCOMING BOND OF PLAINTIFF IN Fi. FA. 5165. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , 
 
 as principal, and , as security, are held and 
 
 bound unto , sheriff of said county, in the sum 
 
 of dollars, for the payment of which we bind 
 
 ourselves, our heirs, executors and administrators, jointly and 
 
 severally, by these presents. Signed, sealed and dated 
 
 day of ,19 
 
 The condition of the above obligation is as follows : , 
 
 sheriff as aforesaid, having on the day of . . , 
 
 19. . . ., levied a certain execution issued from the 
 
 court of said county, in favor of said against 
 
 upon , as the property of said 
 
 , and having interposed his 
 
 claim to said ,. ., and being unable to give a 
 
 forthcoming bond for the same, and the said 
 
 having elected to give the bond and receive possession of the 
 
 property. Now should the said , plaintiff in 
 
 execution, deliver, or cause to be delivered, said 
 
 at the time and place of sale ; provided, said. . . ., 
 
 shall, upon the trial of the right of property in the same, be 
 found subject to said execution, and if not found subject, then 
 to the said sheriff, or his successor in office, at the termination 
 of said claim case, to be disposed of according to law, then this 
 bond to be void, otherwise of force. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Approved : 
 , Sheriff. 
 
 ISSUE TENDEKED. 6272. 
 
 And now comes , the within mentioned 
 
 plaintiff, by , his attorney, and says that the 
 
 property levied upon as the property of the defendant, and 
 claimed by the claimant, is not the property of the claimant but
 
 CLAIMS 359 
 
 is the property of said defendant, and is subject to the execution 
 in favor of the plaintiff levied thereon. 
 
 And of this he puts himself upon the country. This 
 
 day of ,19 
 
 . 
 
 Plaintiff's Attorney. 
 
 [NOTE. "An issue must be tendered within five minutes after the 
 announcement of ready by both parties, or the levy will be dismissed, 
 in the discretion of the court." 6272.] 
 
 ISSUE JOINED. 
 
 And the claimant doth the like, and says that the property 
 levied on is not subject to said execution. 
 
 Claimant's Attorney. 
 
 OATH OF JURY IN CLAIM CASES. 5169. 
 
 [The following oath should be administered to the jury on the trial 
 of the claim of property either real or personal:] 
 
 In addition to the oath you have already taken you do further 
 swear that you will give such damages, not less than ten per 
 cent., as may seem reasonable and just, to the plaintiff against 
 the claimant, in case it shall be sufficiently shown that such 
 claim was made for delay only. So help you God. 
 
 VERDICT. 5169. 
 
 We, the jury, find the property subject. 
 This day of., , 19 
 
 Foreman. 
 
 JUDGMENT. 5169. 
 
 Whereupon, it is considered and adjudged by the court that 
 the fi. fa. proceed against the property levied upon, and that the
 
 360 CLERK OF COURT 
 
 plaintiff in fi. fa. recover of the claimant, , 
 
 the sum of dollars and cents, costs in this behalf 
 
 expended. 
 
 Judgment signed this day of , 19. ... 
 
 Plaintiff's Attorney. 
 
 Judge Superior Court County. 
 
 JUDGMENT WHERE DAMAGES ARE FOUND. 
 
 Whereupon, it is considered and adjudged by the court here 
 that the plaintiff in execution do recover against the claimant, 
 
 . . . ., , and his security, , the 
 
 sum of dollars for his damages, and the sum 
 
 of dollars for his costs, in this behalf expended. 
 
 Judgment signed this day of , 19 .... 
 
 Plaintiff's Attorney. 
 
 Abstract of title not required to bet set out by claimants. 138/862 
 (2-a) (76 S. E. 378). Claimant can not, upon trial of issue, amend 
 claim by alleging that mortgagor is not indebted to mortgagee. 16 
 App. 382 (2) (85 S. B. 354). 
 
 CLERK OF COURT. 4878-4901 (e). 
 
 OATH. 4889. 
 
 I do swear that I will truly and faithfully enter and record 
 all the orders, decrees, judgments, and other proceedings of the 
 
 superior court of the county of , and all other 
 
 matters and things which by law ought by me to be recorded ; 
 and that I will faithfully and impartially discharge and per- 
 form all the duties required of me, to the best of my under- 
 standing. So help me God. 
 
 Clerk of Superior Court.
 
 CLERK OF COURT 361 
 
 BOND OF CLERK. 4890. 
 
 Georgia, County. 
 
 We, . . . ., , as principal, and 
 
 and , as securities, acknowledge ourselves held 
 
 and bound to , Governor of said State for the 
 
 time being, and his successors in office, in the sum of three 
 thousand dollars, subject to the following conditions : 
 
 The condition of the above obligation is such whereas, the 
 
 above bound was on the day of , 
 
 19. . . ., elected clerk of the., court of said county and 
 
 State : now should said faithfully and impartially 
 
 discharge and perform all and singular the duties required of 
 him by law, as clerk aforesaid, according to the trust reposed in 
 him, then the above obligation to be void; otherwise, of force. 
 
 Witness our hands and seals this day of , 19. ... 
 
 i Principal [L. S.] 
 
 Security [L. S.] 
 
 , Security [L. S.] 
 
 Attest : 
 
 BOND OF DEPUTY CLERK. 
 
 Georgia, . . . ., County. 
 
 We, , as principal, and 
 
 and , as securities, acknowledge ourselves held 
 
 and bound to , , clerk of the court of 
 
 the county aforesaid, in the sum of thousand 
 
 dollars, subject to the following conditions: 
 
 The condition of the above obligation is such whereas, the 
 
 above bound has this day, by , 
 
 clerk of the . court of the county aforesaid, been 
 
 appointed deputy of the said , now, should the 
 
 said faithfully and impartially discharge and 
 
 perform all and singular the duties required of him by law, as 
 the deputy clerk of the court of said county,
 
 362 CLERK OF COURT 
 
 according to the trust reposed in him, then the above obligation 
 
 to be void; otherwise, of force. This. . . .day of , 19. .. 
 
 Witness our hands and seals. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 , Security [L. S.] 
 
 Attest : 
 
 SCIRE FACIAS TO MAKE PARTIES. 
 
 Georgia, County. 
 
 To all and singular the Sheriffs of said State: 
 
 } Complaint returned to the 
 term, 19 . . . . , of the 
 court of said county. 
 
 Whereas , plaintiff in the above case, died, 
 
 pending said action of , and his death has been 
 
 suggested of record. And whereas. has been 
 
 duly appointed of the estate of said : . 
 
 Therefore, you are hereby commanded to serve said 
 
 with a copy hereof, and let him show cause at the next term of 
 said court, if any he has or can, why he should not be made 
 
 party defendant in said action of , and said 
 
 action proceed. 
 
 Witness the Honorable ,......., Judge of said court, 
 
 this day of , 19. ... 
 
 , Clerk. 
 
 CLERK'S CERTIFICATE OF AUTHORITY OF OFFICER. 
 
 Georgia, County. 
 
 I, , , Clerk of ^ the Superior Court in and for 
 
 said county, and keeper of the records and seals of the same 
 
 (said court being a court of record), do certify that , 
 
 an acting , was, at the time of taking said 
 
 acknowledgement, duly elected, appointed, commissioned and 
 qualified as such, and that he is legally authorized to take
 
 CLERK OF COURT 363 
 
 acknowledgements, and that his official acts are entitled to full 
 faith and credit. 
 " In testimony whereof, I have hereunto set my hand and affixed 
 
 the seal of said court, at this day of , 
 
 19 
 
 , Clerk. 
 
 CERTIFICATE OF CLERK TO EXEMPLIFICATION OF RECORD. 
 
 Georgia, County. ss. 
 
 I, , clerk of the Superior Court of said 
 
 county, do hereby certify that I have compared the foregoing 
 
 copy of 
 
 with the original record thereof, now remaining in this office, 
 and the same is a correct transcript therefrom, and of the whole 
 of such original record, and that said court is a court of record. 
 
 In testimony whereof I have hereunto set my hand and 
 
 affixed the seal of said court, this the day 
 
 of , ,19 
 
 Clerk Superior Court County. 
 
 Georgia, County. ss : 
 
 I, , judge of the Superior Court of the 
 
 circuit, and presiding judge of the Superior Court 
 
 in said county, do hereby certify that the above attestation sub- 
 scribed by , as clerk of said court, is sufficient 
 
 and in due form of law, and that his signature thereto is genuine. 
 
 Witness my hand and official signature, this the day 
 
 of , 19 
 
 Judge Superior Court Circuit. 
 
 Georgia, County. ss : 
 
 I, , clerk of the Superior Court in and for 
 
 said county, hereby certify that the above attestation of 
 
 , judge of the Superior Court of the 
 
 circuit, is his genuine signature, and that he is judge of said 
 court, and said certificate is in due form of law. 
 
 Given under my hand and seal of office this the day 
 
 of ,19 
 
 Clerk Superior Court County.
 
 364 CONSIDERATION 
 
 CONSIDEKATION. 
 
 PLEA OF TOTAL FAILURE OF CONSIDERATION. I. 
 4250, 4301, 5675. 
 
 , 1 Complaint on note in Superior 
 
 vs. r Court of County. 
 
 ,.J ..Term, 19.. 
 
 Now comes the defendant in the above named and stated case 
 and for further plea and answer thereto, says : 
 
 1st. That the note sued on was given for the purchase price 
 
 of a certain house and lot in the city of , in said 
 
 county, (here describe the property) and for no other considera- 
 tion, and that said note was made and given on the day 
 
 of.. , 19. . . ., as alleged in said petition. 
 
 2nd. Defendant alleges that the plaintiff made to him, de- 
 fendant, a warranty title to said property, a copy of which is 
 hereto attached and marked "Exhibit A." 
 
 3rd. Defendant further shows that on the day of 
 
 , subsequent to the said sale and without any 
 
 notice previously to this defendant, and without any knowledge 
 on his part that such lien existed, the sheriff of said county 
 levied upon said property and sold it at sheriff's sale on the 
 
 day of , 19. . . ., to satisfy an execution 
 
 issued from the superior court of said county, in favor of 
 
 ,. .against the defendant, and the proceeds of 
 
 said sale were applied on the said execution against the said 
 defendant. 
 
 4th. Defendant alleges that the consideration for said note 
 sued on has wholly, utterly and entirely failed and said property 
 has been taken away from this defendant, and this defendant 
 pleads this total failure of consideration against said note and 
 prays to be dismissed hence with his reasonable costs. 
 
 Defendant's Attorney. 
 
 Georgia, ,. . County. 
 
 Personally came before the undersigned attesting officer, 
 , the subscriber, who, being duly sworn, on
 
 CONSIDERATION 365 
 
 oath says that the facts and things set out in the foregoing plea 
 and answer are true. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 J. P. 
 
 PLEA OF TOTAL FAILURE OF CONSIDERATION. II. 
 (See 72 Ga. 66, 67.) 
 
 "Defendant says the consideration for which the note for the 
 one 6 H. P. Scofield engine was given has entirely failed, 
 because he says plaintiffs warranted said engine to be full six 
 horse power, and to be in good condition, in all which plaintiffs 
 were mistaken, the engine not being full six horse power, nor 
 was it in good condition, but was a source of annoyance and 
 expense to defendant almost from the time he first bought it 
 until it finally broke down entirely, and is now worthless. And 
 of this he puts himself upon the country. And for further plea 
 in this behalf, defendant says action on, etc., because he says 
 the consideration of the gin note has failed, because he says the 
 gin was represented as a good gin, when, on the contrary, the 
 ribs of said gin were made of inferior soft metal, and wore out 
 
 the first season." 
 
 (The above plea was held to be substantially a plea of partial failure 
 of consideration.) 
 
 PARTIAL FAILURE OF CONSIDERATION PLEA OF. 
 
 (State the 'case.) 
 
 And for further answer in this behalf the 
 
 defendant herein named, says : 
 
 1. That the consideration of the alleged claim and contract 
 sued on has partially failed in this, that the defendant herein 
 
 agreed and promised to pay the said plaintiff the sum of 
 
 dollars for a certain horse, the price of which is the foundation 
 of the claim sued on. 
 
 2. The defendant alleges that the plaintiff represented said 
 horse to be sound and well, and this defendant, relying on said
 
 366 CONSIDEBATION 
 
 representation, and believing the same to be true, bought said 
 horse of the plaintiff at and for the agreed price aforesaid. 
 
 3. Defendant alleges that at the time of said purchase said 
 horse was, without the knowledge of this defendant, diseased in 
 both of his eyes, by reason of which he lost the sight of one of 
 his eyes altogether within a few days after the purchase afore- 
 said, and the sight of the other eye became and was and is so 
 seriously affected as practically to destroy the value of the said 
 horse. 
 
 4. Defendant alleges that by reason of said defect said horse 
 is not worth more than the sum of dollars. 
 
 And this the defendant is ready to verify. 
 
 Defendant's Attorney. 
 
 (NOTE: If suit is in superior court on note, this plea must be 
 verified.) 
 
 ILLEGALITY OF CONSIDEBATION, PLEA SETTING UP. 
 
 4286. 
 
 I Suit on note in Superior 
 
 Court, Term, 19 
 
 Now comes the defendant in the above named and stated case 
 and not waiving his demurrer hereinbefore filed, answering said 
 petition for answer, says: 
 
 1st. The consideration of the note sued on was for the pur- 
 chase of gallons of whiskey, amounting in the 
 
 aggregate to $ , for which said note was given on 
 
 the day of , 19 . . . . , in the city of Atlanta, 
 
 and for no other consideration, and this defendant alleges that 
 said sale was illegal, unlawful and contrary to law, the said note 
 having been given since the passage of the Prohibition Act by 
 
 the Legislature of Georgia, approved the day of , 
 
 19. . . ., and this defendant pleads said illegality of considera- 
 tion as against said note sued on, and prays to be dismissed 
 hr-nce with his reasonable costs. 
 
 Attorney for Defendant. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer,
 
 CONSTABLES 367 
 
 , the subscriber, who being duly sworn, on 
 
 oath says that the facts and things set out in the foregoing 
 petition, are true. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. 
 
 Allegation of consideration necessary in suit on executory simple con- 
 tract; must be alleged with reasonable explicitness. 145/461, 470 
 (89 S. B'. 581). Allegation that agreement was "valid and binding" 
 not sufficient to show consideration. 16 App. 448 (1-a) (85 S. E. 
 613). 
 
 Failure of consideration. Plea here failing to aver that plaintiff pur- 
 chased note with notice of failure of consideration properly stricken 
 on demurrer. 145/494 (1) (89 S. E. 613). Plea of total failure 
 includes plea of partial failure. 17 App. 535 (2) (87 S. E. 825). 
 Mere allegation that note is wholly without consideration amounts 
 to nothing more than plea of general issue, and is too vague and 
 indefinite to constitute proper plea. 18 App. 45 (2) (88 S. E. 825). 
 
 Illegality of consideration not proper matter for demurrer unless the 
 illegality thereof affirmatively appears in instrument, or from alle- 
 gations of petition. 16 App. 432, 435 (85 S. E. 622). 
 
 Want of consideration not proper matter for demurrer unless the ille- 
 gality thereof affirmatively appears in instrument, or from allega- 
 tions of petition. 16 App. 432, 435 (85 S. E. 622). Plea here 
 sufficiently charged, in absence of special demurrer, that note was 
 without consideration. 13 App. 392, 393 (6) (79 S. EL 237). Plea 
 admitting that part of services for which note was given and cash 
 consideration paid were in fact rendered by plaintiffs failed to show 
 entire absence of consideration; necessary to allege that services 
 were entirely worthless. 16 App. 297 (85 S. E. 205). 
 
 CONSTABLES. 4680-4697. 
 
 BOND OF CONSTABLE. 4691-4693. 
 
 Georgia, County. 
 
 We, , as principal, and 
 
 and , as sureties, acknowledge ourselves held 
 
 and bound unto , Ordinary of said county, 
 
 and his successors in office, in the sum of five hundred dollars*, 
 for the payment of which we hereby bind ourselves, our heirs, 
 executors and administrators, jointly and severally, and oach of 
 us for himself and family hereby waives and renounces all rights
 
 368 CONSTABLES 
 
 to homestead or exemption under the Constitution or laws of 
 this State, as against this obligation. The condition of this 
 bond is such, that if the said principal obligor shall faithfully 
 discharge the duties of his said office as constable of said county 
 
 to which office he was, to wit, on the day of , 
 
 19. . . ., duly elected (or appointed), during the time of his 
 continuance in office, as required by law, then this bond to be 
 void, else of force. 
 
 Witness our hands and seals this day of , 19 ... 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Security [L. S.] 
 
 Executed in presence of 
 
 Filed in office, examined and approved this. day 
 
 of , 19 
 
 [*NOTE. $200.00 for constables outside of incorporated towns. 4691.] 
 
 Bond payable to commissioners of roads and revenues of Fulton County 
 was made to proper payees. 141/345, 346 (80 S. E. 1001). 
 
 OATH OF CONSTABLE. 4689. 
 
 Georgia, County. 
 
 I, , do swear that I will duly and faithfully 
 
 perform all the duties required of me as constable of the county 
 of according to the best of my ability and under- 
 standing. 
 
 I do further swear that I am not the holder of any public 
 money due this State, unaccounted for; that I am not the holder 
 of any office of trust under the government of the United States, 
 nor of either of the several States, nor of any foreign State; 
 and that I am otherwise qualified to hold said office according 
 to the Constitution of the United States and the Constitution 
 and laws of Georgia; that I will support the Constitution of 
 the United States and of this State. So help me God. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary.
 
 CONSTABLES 369 
 
 SERVICE BY CONSTABLE. 
 
 Served the defendant, , personally with a 
 
 copy of the within summons. This day of , 19 ... 
 
 , , L. C. 
 
 Served the defendant, ,.' , by leaving a copy 
 
 of the within at his usual and most notorious place of abode. 
 
 This day of ,19 
 
 , L. C. 
 
 ENTRY OF NULLA BONA. 
 
 Due search made and no property found upon which to levy 
 the within fi. fa. 
 
 This day of , 19 
 
 ' , L. C. 
 
 ENTRY OF CONSTABLE BEFORE LEVYING ON LAND. 
 
 Due search made and no personal property found sufficient 
 to satisfy the within execution. 
 
 This day of , 19 
 
 , L. C. 
 
 LEVY BY CONSTABLE ON LAND WHERE THERE Is No PERSONAL 
 
 PROPERTY. 
 
 Georgia, County. 
 
 There being no personal property of the defendant to be 
 found in this county sufficient to satisfy this fi. fa., I have this 
 day levied the same on [describe the land levied on], as the 
 
 property of defendant, and given ,. ., the person 
 
 in possession, written notice of said levy as required by law. 
 
 This day of , 19 
 
 , Constable. 
 
 [NOTE. After making the levy on land, the constable must turn over 
 the fi. fa. and notice to the sheriff, for further procedure.]
 
 370 CONSTABLES 
 
 NOTICE OF LEVY. 
 
 Georgia, . . . . County. 
 
 To : 
 
 YQ.U are hereby notified that I have this day levied a fi. fa. 
 
 issued from the justice's court, of the district, G. M., 
 
 of said county, in favor of against , 
 
 on [describe the land as in the entry of levy], as the property 
 of the defendant, and have turned over the fi. fa. and notice to 
 the sheriff of said county, and said land will be by him sold at 
 
 the time and place required by law. This., day 
 
 of , 19 
 
 , Constable. 
 
 [NOTE. The person in possession of the land levied on, must be 
 served with the above notice within five days after the levy is made.] 
 
 LEVY ON SHAKES OF STOCK. 6035, 6036. 
 
 Levied the within fi. fa. upon shares of the capital 
 
 stock of the , as the property of the defendant, 
 
 and notice of the same given to , president. 
 
 "Property pointed out by plaintiff (or plaintiff's attorney)." 
 
 This day of , 19 
 
 , L. C. 
 
 [NOTE. All entries of levies upon property, both real and personal, 
 should particularly describe it, and show that it was levied on as the 
 property of defendant.] 
 
 CONSTABLE'S SALE. 
 
 Georgia, County. 
 
 Will be sold on the day of. . , 19. . . ., 
 
 between the usual hours of sale, at., , the regular 
 
 place of holding the justice court in and for the 
 
 district, G. M., of said county, the following described property, 
 
 to wit : 
 
 levied on as the property of. . . ., to satisfy a 
 
 issued from the justice's court aforesaid, in favor of 
 
 This day of ,19 
 
 , L. C.
 
 CONSTABLES 371 
 
 COSTS AND FEES OF CONSTABLE. 6004-6006. 
 
 (See Costs and Fees, post, p. 384.) 
 
 RULE AGAINST CONSTABLES. 4657, 5354. 
 
 Georgia, County. 
 
 To the Superior Court of said County : 
 
 brings this 1 petition against , 
 
 a lawful constable of ,. .district, G. M., of said county, 
 
 and alleges the following facts: , 
 
 1 is a lawful constable of district, 
 
 G. M., of said county, and was such on the day of 
 
 .-, 10.-.. 
 
 2. On said day of , , 19. . . ., a certain 
 
 fi. fa. in favor of vs for 
 
 dollars principal, dollars interest, and., 
 
 dollars cost of suit, lately issued from was placed in 
 
 the hands of the said , as constable as aforesaid, 
 
 for the purpose of levying the same, and collecting the money 
 due thereon, and said fi. fa. has ever since continuously been in 
 the hands of said constable. 
 
 3. That on the day of , 19 , the 
 
 said , received and collected in his official capacity 
 
 as constable the sum of dollars, being the principal, 
 
 interest and costs due on said fi. fa. 
 
 4. That said , constable as aforesaid, has 
 
 hitherto wholly neglected and refused to pay over to petitioner 
 or his attorney, the sum so collected as aforesaid. 
 
 5. That on the day of , 19. . . ., peti- 
 tioner's attorney made formal and legal demand in writing upon 
 
 the said , constable, to pay over the money so 
 
 collected by him in his official capacity as aforesaid and to which 
 
 your petitioner was lawfully entitled, but the said 
 
 refused to pay over the same, or any part thereof, and still doth 
 refuse and neglect to do so. 
 
 Wherefore, petitioner prays a rule nisi directed to the said 
 
 requiring him to show cause, if any he has, why 
 
 he should not pay petitioner the money due on said fi. fa., or 
 why in default thereof he should not be attached for contempt. 
 
 Petitioner's Attorney.
 
 372 CONSTABLES 
 
 DEMAND. 5343. 
 
 Georgia, County. 
 
 To , Constable of the District, G. M. : 
 
 I hereby make demand upon yon for the money collected by 
 
 you upon a certain fi. fa. in my favor against for 
 
 dollars principal, . . . dollars interest, 
 
 and dollars costs, issued from the term, 
 
 19 . . . . , of the court of said county, or else take notice 
 
 that I shall claim of you twenty per cent, per annum thereon 
 from this date, until so paid, and pray an attachment for con- 
 tempt to issue against you as provided by law. 
 
 This day of , 19 
 
 AFFIDAVIT AS TO SERVICE. 5344. 
 
 Georgia, County. 
 
 Personally comes. . .1 , who, being duly sworn, 
 
 deposes and says that at. . . ., in said county, on the 
 
 day of , 19 . . . . , he did personally serve 
 
 , constable of the district, G. M., of 
 
 said county, with a written demand of which the foregoing is 
 a copy. 
 
 Sworn to and subscribed before me this 
 ..... .day of , 19 
 
 EULE NISI. 5346. 
 
 The foregoing petition against , constable of 
 
 the , district, G. M'., of said county, read and 
 
 considered. Ordered that the said show cause as 
 
 prayed before the Superior Court of said county on the 
 
 day of , 19 
 
 Let a copy of said petition and of this order be served upon 
 
 said forthwith. This day of , 
 
 19.... 
 
 , J. S. C.. ..C.
 
 CONSTABLES 373 
 
 RULE ABSOLUTE. 5347. 
 
 I Rule. In Superior Court, 
 
 term, 19 
 
 The defendant in the above stated case, having been duly 
 served with a copy of the petition filed in this case and of the 
 rule nisi thereon, and having failed to show cause as required, 
 ordered that the said rule be made absolute, and that he pay to 
 the plaintiff instanter the amount due on said fi. fa., to wit, 
 
 dollars, and that on failure to do so he be subject 
 
 to execution or an attachment for contempt as provided by law. 
 
 This day of , 19 
 
 , J. S. C.. ..C. 
 
 [NOTE. A constable may be ruled by the judges of the Superior 
 Courts, ordinaries, and justices of the peace, upon application, either in 
 term time or vacation, as provided in 5346.] 
 
 ATTACHMENT FOR CONTEMPT. 5350. 
 
 Georgia, . . . ., County. 
 
 To the Sheriff of said County and his Lawful Deputies: 
 
 A rule absolute having at the term, 19. . . ., of 
 
 the court of said county, held on the day of 
 
 , 19 . . . . , been granted against , 
 
 constable of the district, G. M., of said county, 
 
 requiring him to pay over (instanter) to or 
 
 his attorney, the sum of dollars, principal, the 
 
 sum of dollars, interest to the date of said rule, 
 
 and the further sum of dollars, costs, or in default 
 
 that he be attached, and he having made default: 
 
 These are, therefore, to command you to arrest the body of 
 
 said constable as aforesaid, and commit him 
 
 to the jail of said county, there to be confined and safely kept, 
 without bail, until he purge himself of the contempt aforesaid, 
 by paying over the aforesaid sums of money (with twenty per 
 
 cent, interest thereon) to the said . . .or his lawful 
 
 attorney. Witness the , judge of said court. 
 
 This the day of ,19 
 
 , Clerk.
 
 374 CONTINUANCE 
 
 CONTINUANCE. 5710-5727. 
 
 AFFIDAVIT TO CONTINUE ON ACCOUNT OF ABSENCE OF WITNESS. 
 
 In order that there may be no mistake as to the facts, it is 
 sometimes better to make a motion for a continuance by pre- 
 senting the facts in an affidavit. In such case, the following 
 may be used as a form : 
 Georgia, County. 
 
 JOHN DOE \ Complaint on note in Superior 
 
 vs. f Court. 
 RICHARD ROE J Term, 19 .... 
 
 Before me, the undersigned attesting officer, personally came 
 Richard Roe, who, being duly sworn, on oath says, that he is 
 the defendant in the above named and stated case, and that he 
 is not ready for trial therein on account of the absence of 
 William Jones, who resides in said county and who has been 
 subpo3naed ; that he expects to prove by said witness that on 
 
 the day of , 19 . . . . , before the filing of 
 
 said suit, he paid to the plaintiff, John Doe, on said note the 
 sum of fifty ($50.00) dollars in cash, and that no other person 
 was present at the time of said payment except plaintiff and 
 defendant and the said William Jones, and affiant has no other 
 witness by whom he can show this fact, and that he has pleaded 
 this payment as a credit on said note, and that said evidence is 
 material; that said witness is not absent by the permission, 
 directly or indirectly, of affiant; affiant expects to obtain the 
 testimony of said witness at the next term of this court, and 
 that this application is not made for the purpose of delay, but 
 for the purpose of enabling affiant to obtain the testimony of 
 said absent witness, and affiant makes this affidavit for the pur- 
 pose of making a showing for a continuance in said case. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P.
 
 CONTINUANCE 375 
 
 AFFIDAVIT FOR CONTINUANCE ON ACCOUNT OF ILLNESS OF 
 
 COUNSEL. 
 
 (State the case.) 
 
 Before me, the undersigned attesting officer, personally came 
 Richard Roe, who, being duly sworn, on oath says that he is not 
 ready for trial in the above named and stated case, on account 
 
 of the absence of , who is his leading counsel 
 
 in said case ; that said is at this time suffering 
 
 from an attack of pneumonia and is unable to attend this court 
 at this term, and affiant says that he can not go safely to trial 
 without the service of said absent counsel and he expects the 
 services of his said counsel at the next term of this court, and 
 affiant further says that this application for continuance is not 
 made for the purpose of delay only. 
 
 RICHARD ROE. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. 
 
 AFFIDAVIT FOR CONTINUANCE ON ACCOUNT OF THE ILLNESS 
 
 OF THE PARTY. 
 
 (State the case as above.) 
 
 Before me, the undersigned attesting officer, personally came 
 
 , who, being duly sworn, on oath says that he 
 
 is a practising physician and as such has been in attendance 
 upon Richard Roe for the last ten days ; that he saw Richard 
 Roe this morning and that at this time said Richard Roe is 
 confined to his bed with an attack of pneumonia and is unable 
 on account of his condition to attend court, and will be unable 
 to attend court for the next fifteen days; affiant makes this 
 affidavit to be used on a showing for continuance in the above 
 named and stated case. 
 
 Sworn to and subscribed before me, this 
 the. . . .dav of.. 19. . 
 
 J. P. 
 
 (NOTE: In addition to this affidavit, counsel for defendant must state 
 in his place: "I state in my place that I am attorney for Richard Roe,
 
 376 CONTRACTORS 
 
 the defendant in the case of John Doe vs. Richard Roe, complaint 
 pending in this court, and the defendant is sick and unable to attend 
 court, as is shown by the affidavit of Dr herewith pre- 
 sented, and I, as attorney for Richard Roe, can not go safely to trial 
 in said case without the presence of Richard Roe, the defendant." 
 Where an affidavit is made for the purpose of continuance, it does not 
 deprive the other side of the right to swear and cross-examine the party 
 making the affidavit on oath as to the facts set forth in the affidavit if 
 he is present in court.) 
 
 CONTRACTORS. 
 
 MECHANIC'S CLAIM OF LIEN ON REAL ESTATE. 3353. 
 
 Georgia, County. 
 
 The undersigned, , a mechanic, claims a 
 
 ^ien upon a certain building and the real estate connected there- 
 with, said house and premises heing' described as follows: (de- 
 scribe house and premises), and owned by , 
 
 and situated in said county. Said lien is claimed for carpenter's 
 work done by the undersigned upon said building. The amount 
 
 for which the undersigned claims this lien is $ 
 
 And now, within three months since the completion of the work, 
 the undersigned asserts his lien therefor and records the same 
 in the office of the clerk of the superior court of the county 
 where said property is situated, as aforesaid, pursuant to law. 
 
 PETITION TO FORECLOSE LIEN ON REAL ESTATE. 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 as, plaintiff, brings this complaint against 
 
 . . . , as defendant,, and alleges : 
 
 1. Defendant is a resident of said county. 
 
 2. On the day of ,. ., 19 , plaintiff, 
 
 in consideration of dollars, to be paid to him by 
 
 defendant, upon the completion of the contract, contracted with 
 the defendant (for building, repairing, or improving, or for 
 materials or machinery put up or furnished, as the case may 
 be), upon certain real estate in said county belonging to de-
 
 CONTRACTS 377 
 
 fondant, a copy of which contract is hereto attached and marked 
 "Exhibit A," as a part of this petition. Said building and real 
 estate may be described as follows: 
 
 3. Plaintiff substantially complied with his said contract, as 
 
 above set forth, and finally completed the same on the 
 
 day of , 19 . . . . , whereupon said sum of 
 
 dollars became due and payable. 
 
 4. Plaintiff claims a lien upon said real estate for said sum 
 
 of dollars, and shows that within three months 
 
 from the completion of his said contract aforesaid, he recorded 
 his claim of lien upon said real estate, as required by .law, in 
 
 the office of the clerk of the Superior Court of . . . county, 
 
 a copy of which is attached hereto and marked "Exhibit B," as 
 part of this petition. 
 
 5. And now, within twelve months after his said claim 
 aforesaid became due, plaintiff brings this action for the amount 
 thereof. 
 
 Wherefore he prays: 
 
 (1) A general judgment against defendant for the amount 
 of his said debt aforesaid; (2) and a special judgment against 
 said real estate setting up said lien for the amount of his said 
 debt. 
 
 (3) (Add the usual prayer for process.) 
 
 Petitioner's Attorney. 
 
 CONTRACTS. 4216-4402. 
 
 (NOTK: Every contract that is worth making should be put in writing 
 and made in duplicate so that each party can have a copy of it. This 
 prevents any misunderstanding or dispute as to its terms.) 
 
 GENERAL FORM OF CONTRACT. 
 
 Georgia, ,. .County. 
 
 This contract, made and entered into this day 
 
 of , 19 . . . . , between , party of 
 
 the fir.- 1 |>arl, and , party of the second part, 
 
 both parties of said State and county, witnesseth :
 
 378 - CONTRACTS 
 
 That the said party of the first part for and in consideration 
 
 of the sum of $ (here set out exactly what the party of 
 
 the first part undertakes to do). 
 
 And the said party of the second part hereby agrees as follows : 
 (Here set out what the other party undertakes and agrees to do.) 
 
 This contract and agreement is made in duplicate, and each 
 duplicate, it is agreed, shall be original evidence of the contract. 
 
 In witness whereof said parties have hereunto set their 
 hands and affixed their seals, the day and year first above written. 
 
 '. (L. S.) 
 
 (L. S.) 
 
 (NOTE: In a contract of this kind, where there can be no dispute as 
 to the signature, it is more convenient not to have any witness, for the 
 reason that if it is to be put in evidence, it would have to be proved 
 by the witness, whereas one of the parties to it could prove the 
 execution independent of a witness: However, if the contract is im- 
 portant, the safe rule would be to have it executed in the presence of 
 a justice of the peace or notary public.) 
 
 SIIOET FORM OF CONTRACT. 
 
 Georgia, County. 
 
 This contract made this the ..... day of , 19 . . . . , 
 
 between and , is as follows : 
 
 (Here state fully the contract and agreement made. It had 
 better be too full than not to be full enough. The main rule is, 
 to set out the facts as to what is agreed to by each party.) 
 
 This* contract is made in duplicate and each duplicate it is 
 agreed shall be original evidence of the contract. 
 
 In witness whereof said parties have hereunto set their hands 
 and affixed their seals the day and year first above written. 
 
 (L. S.) 
 
 (L. S.) 
 
 Plea of non est factum must be verified. 142/48, 49 (3-a) (82 S. E. 441). 
 Attorney of defendant who does not reside in county may make oath 
 to plea of non est factum to best of his knowledge and belief. 
 143/396 (84 S. E'. 965); 17 App. 126 (1) (86 S. E. 455). Execution 
 of instrument sued on need not be proved, unless denied by plea of 
 non est factum. 17 App. 648 (4) (87 S. E. 1090).
 
 CORPORATIONS COSTS AND FEES 379 
 
 CORPORATIONS. 
 
 CHARTERS. 
 (See ante, pp. 344-355.) 
 
 PLEA OF NUL TIEL CORPORATION. 
 
 (State the case.) 
 
 And now comes the defendant in the above stated case, and 
 for plea says : 
 
 1. That said case is proceeding in the name of , 
 
 and that there was not at the commencement of this action, nor 
 
 is there now any such corporation as the , named 
 
 as plaintiff in the petition. 
 
 2. Defendant avers that plaintiff was not a de facto corpora- 
 tion, nor did the persons claiming to compose the alleged cor- 
 poration, at the commencement of this action, nor at any of the 
 times named in plaintiff's petition claim in good faith to be a 
 corporation. 
 
 Wherefore, defendant prays judgment of the said action, and 
 that the same be dismissed. 
 
 And of this he puts himself upon the country. 
 
 Paper purporting to be charter of alleged corporation and attached to 
 defendant's plea can not be considered as proof of incorporation, 
 unless tendered in evidence and admitted for that purpose. 18 
 App. 128 (1) (88 S. E. 921). 
 
 COSTS AND FEES. 5980-6017 (c). 
 
 FEES OF CLERKS OF SUPERIOR COURT. 5995. 
 
 5995. (5397). The clerks of the superior courts of this 
 State shall be entitled to charge and collect the following fees 
 for official duties performed by them, to wit: 
 
 For filing and 1 docketing suit $2 00 
 
 For copying and issuing process , 2 00
 
 380 COSTS AND FEES 
 
 For each copy after first copy $ 50 
 
 For entering verdict or judgment on minutes 2 00 
 
 For filing all pleas in any case 50 
 
 For recording proceedings in civil cases, per hundred 
 
 words 15 
 
 For issuing fi. fa , 50 
 
 For entering fi. fa. on execution docket 25 
 
 For each subprena issued , 15 
 
 For writ of partition of land and recording proceedings 
 
 in the case , 5 00 
 
 For exemplification of record, per hundred words 15 
 
 For recording articles of partnership under law regulat- 
 ing limited partnership 5 00 
 
 For recording incorporation of joint-stock or any other 
 
 incorporated company ,. 5 00 
 
 For proceeding to forfeit charter . 10 00 
 
 For furnishing and certifying any process, order, etc., 
 
 for publication 1 00 
 
 For recording liens and mortgages and deeds, per hun- 
 dred words 15 
 
 For trials of nuisances and recording proceedings 5 00 
 
 For issuing commissions to examine witness 1 00 
 
 For recording any instrument or writing not specified, 
 
 per one hundred words , 15 
 
 For recording each homestead of personalty, per one hun- 
 dred words 15 
 
 For recording each petition of realty and personalty, per 
 
 one hundred words , 15 
 
 For recording plat of homestead 1 00 
 
 For each certificate of record of homestead 50 
 
 For every foreclosure of mortgage on personalty, whole 
 
 service , 3 00 
 
 For every foreclosure of mortgage on realty, whole service 6 00 
 
 For every claim case 3 00 
 
 For every illegality case ,. . 3 00 
 
 For every certiorari case (covers all services, 117/519; 
 
 43 S. E. 850) 3 00 
 
 For docketing each motion 50 
 
 For recording motions, per hundred words 15 
 
 For every rule versus sheriff or other officer, whole service 3 00 
 
 For every appeal case, whole service ,,,,,..,,, 3 00
 
 COSTS AND FEES 381 
 
 For every appeal case, settled before verdict $1 50 
 
 For recording and copying proceedings in equitable pro- 
 ceedings and bills of exceptions to the Supreme Court, 
 
 per one hundred words 15 
 
 For issuing writ of injunction in equity 3 00 
 
 For entering remittitur from Supreme Court 1 00 
 
 For certificate and seal, each 50 
 
 For scire facias to make parties , , 1 50 
 
 For each copy 1 00 
 
 For recording order on minutes, each 75 
 
 For issuing jury scrip, each 10 
 
 For inspection of books, when their aid is required 25 
 
 For each day's service in attending upon the court 3 00 
 
 For change of name, recording proceedings 5 00 
 
 For examination of record and abstract of result 1 50 
 
 For declaration of intention to become a citizen of the 
 
 United States , 2 50 
 
 .For recording and taking oath to become a citizen, upon 
 
 minutes, including certificate of naturalization .... 2 50 
 
 FEES OF SHERIFF. 5997. 
 
 "5997. (5401). The sheriffs of this State shall be entitled 
 to charge and collect the following fees for official duties per- 
 formed by them, to wit : 
 For serving copy of a process and returning original, per 
 
 copy $2 00 
 
 If suit for another county, to be paid in advance ... 2 00 
 
 For summoning each witness , 50 
 
 For summoning jury and attending trial to assess dam- 
 ages for right of way. . ., 5 00 
 
 For service in every case before a jury 1 25 
 
 For each levy on fi. fa 2 00 
 
 For search and return of nulla bona 1 00 
 
 For serving summons of garnishment, or rule against 
 
 garnishee < 1 00 
 
 If more than one, for each additional copy 1 00 
 
 For summoning jury to try case of nuisance. . . ....;.. 3 50 
 For summoning juries at each term of Superior Court. .10 00
 
 382 COSTS AND FEES 
 
 For commissions on sales of property, on sums of fifty 
 dollars or less, 5 per cent. On excess above fifty 
 dollars up to five hundred and fifty dollars, 2^ per 
 cent. For all sums exceeding five hundred and fifty 
 dollars, on excess, l 1 /^ per cent. No commission shall 
 be charged unless property is actually sold. 
 
 For making out and executing titles to land $3 50 
 
 If presented by purchaser 1 00 
 
 For executing bill of sale to personal property, when de- 
 manded by purchaser , 1 00 
 
 For forthcoming bonds 1 00 
 
 For executing process against tenant holding over, or in- 
 truder upon land to dispossess him 3 50 
 
 For taking and returning counter-affidavit when summary 
 
 process to dispossess tenant or intruder is resisted . . 2 00 
 For settling each execution in his hands, settled without 
 
 sale 2 00 
 
 For settling execution from justice's court 1 00 
 
 For keeping a horse or mule, per day , 50 
 
 For keeping each head of cattle, per day 15 
 
 For keeping each head of sheep, hogs, or goats, per day. 05 
 
 For levying an attachment 2 00 
 
 For following property out of county with attachment, 
 
 for every mile going and returning. ...,.., 05 
 
 For attendance on superior courts, not to exceed twenty 
 
 days per annum, per day (112/132 ; 37 S. E. 120) . 5 00 
 
 For each day more than twenty 2 00 
 
 For attendance on courts of ordinary, per day 2 00 
 
 For attendance at elections as required by law, per day ..200 
 The per diem for attendance on courts and elections, and 
 service in summoning jurors, shall be paid by the county." 
 
 FEES OF JUSTICES OF THE PEACE AND NOTARIES PUBLIC, WHO 
 ABE Ex-OrFicio JUSTICES. 6002. 
 
 "6002. (5403.) Fees of justices of the peace, etc. The 
 following shall be the fees for justices of the peace, and notaries 
 public : 
 
 For each original summons $ 35 
 
 For affidavit and bond to obtain attachment, and issuing 
 
 the attachment . 1 70
 
 COSTS AND FEES 383 
 
 For entering up judgment in each case $ 35 
 
 For trial of case when same is litigated. . . ., 35 
 
 For issuing each execution 35 
 
 For affidavit to obtain possessory warrant and making out 
 
 the same 1 25 
 
 For trying same 2 00 
 
 For making out interrogatories and certifying same. ... 1 25 
 
 For making out recognizance and returning same to court 35 
 
 For each subpoena for witness 15 
 
 For each search warrant issued 75 
 
 For each affidavit when there is no case pending 30 
 
 For answering every writ of certiorari to superior court . 50 
 For presiding at a trial of forcible entry or detainer, or 
 
 both, each trial 1 00 
 
 For presiding at a trial for right of way 1 00 
 
 For issuing a rule to establish lost papers. 35 
 
 For trying the same 35 
 
 For presiding at trial of nuisance 1 00 
 
 For witnessing any paper 25 
 
 For affidavit and bond to obtain garnishment 75 
 
 For issuing summons of garnishment 30 
 
 For each additional copy of garnishment 10 
 
 For settling cases before judgment 25 
 
 For claim affidavit and bond 50 
 
 For trying same , 35 
 
 For certifying transcript, same fee as clerk. 
 
 For entering an appeal to the superior court 50 
 
 For each distress warrant 75 
 
 For taking testimony in criminal cases 1 25 
 
 For issuing order to sell perishable property 25 
 
 For each lien foreclosed and placed on docket 1 00 
 
 For entering appeal 30 
 
 For drawing jury and making out list 30 
 
 For each case tried by said jury 30 
 
 For issuing commissions to take interrogatories 50 
 
 For bail-trover affidavit, summons and trial 1 25 
 
 For backing fi. fa 35 
 
 For rule nisi vs. officer 35 
 
 For trying the same 35 
 
 For judgment on same 35
 
 384 COSTS AND FEES 
 
 For attachment for contempt against officer of court for 
 failure to comply with any lawful order or process 
 of the court $ 50 
 
 For issuing warrant to dispossess intruders or tenants 
 
 holding over 1 75" 
 
 FEES OF CONSTABLES. 6004. 
 
 "6004. ( 5404. ) The fees of constables shall be as follows : 
 
 For serving a warrant, or attachment $ 50 
 
 For serving each additional copy 30 
 
 For copying and serving each original summons 35 
 
 For summoning each witness 30 
 
 For attending court, for each judgment rendered by a 
 
 justice of the peace or notary public 35 
 
 For attending each trial on a day different from regular 
 
 court day 35 
 
 For levying fi. fa. and advertising 35 
 
 For settlement of fi. fa. when property is sold 30 
 
 For return of nulla bona 30 
 
 For summoning jury in inquest 1 00 
 
 For collecting execution issued by coroner 75 
 
 For keeping a horse, mule, ass, or ox per day 50 
 
 For each head of neat cattle, per day 15 
 
 For each head of sheep, goats or hogs, per day 05 
 
 For all sales made by him, amount on sales 6*4 
 
 For attending grand jury, per day 1 00 
 
 For serving warrant in criminal cases 1 25 
 
 For keeping and maintaining prisoner before examination 
 
 not exceeding twenty-four hours 75 
 
 For serving rule to establish lost papers 35 
 
 For every additional copy 30 
 
 For following property with attachment out of county, 
 
 going and returning, per mile 05 
 
 For levying each distress warrant 50 
 
 For taking bond in civil cases 50 
 
 For taking bond in criminal cases 1 00 
 
 For executing search warrant 75 
 
 For serving garnishee 35 
 
 For each additional copy 25
 
 DECLARATIONS OR PETITIONS 385 
 
 For summoning jury $ ~ 50 
 
 For attending trial on appeal 30 
 
 For executing warrants against intruders or tenants hold- 
 ing over 1 25" 
 
 JUDGMENT FOR COSTS. 
 
 vs. 
 
 Court, 
 
 Term, 19 
 
 The above case having been .... .by the 
 
 . . .in said case, it is ordered and adjudged by 
 
 the court that the do have and recover of and 
 
 from the ,. .for use of officers of court, the sum 
 
 of dollars, for costs in said case. 
 
 Judge , 
 
 DECLARATIONS OR PETITIONS. 
 
 COMMENCEMENT OF PETITIONS. 
 
 INFANT SUING BY NEXT FRIEND. 
 
 , , as next friend of , an 
 
 infant under twenty-one years of age, as plaintiff, brings this 
 
 suit against the Company, a corporation of 
 
 said State and county, as defendant, and respectfully shows: 
 
 1. That 
 
 2. That . 
 
 PARTNERS SUING PARTNERS. 
 
 and , partners trading 
 
 under the name of & , as 
 
 plaintiffs, bring this suit against and
 
 386 DECLARATIONS oft PETITIONS 
 
 , of said county, doing business under the 1 
 
 name of i & .. ^ ...... . , as defendants^ 
 
 and show to the court: 
 
 1. That .;,.....;.;,....;...., v .;....:.; 
 
 2i Tnat .,;>.-.... 
 
 k , . . k , as executor of the estate of . . . . , , 
 
 deceased, as plaintiff, brings this suit against , 
 
 of said county, as defendant, and shows to the court: 
 
 1. That 
 
 2. That . 
 
 SUIT OF ADMINISTRATOR WITH WILL, ANNEXED. 
 
 , as administrator, with the will of 
 
 ., , deceased, annexed, of all and singular the 
 
 goods and chattels of the said , deceased, as 
 
 plaintiff, brings this his petition against , of 
 
 said county, as defendant, and respectfully shows to the court: 
 
 1. That 
 
 2. That . 
 
 SUIT BY ASSIGNEE OF CHOSE IN ACTION. 
 
 , suing for the use of , 
 
 assignee, plaintiff, brings this his petition against , 
 
 of said county, as defendant, and shows to the court : 
 
 1. That 
 
 2. That . 
 
 SUIT BY GUARDIAN. 
 
 ,. ., as guardian of , as 
 
 plaintiff, brings this his petition against '. , 
 
 of said county, as defendant, and shows to the court: 
 
 1. That 
 
 2. That .
 
 DECLARATIONS OR PETITIONS 387 
 
 SUIT BY RECEIVER, 
 
 1 , plaintiff, was on the day 
 
 of , 19. . . ., appointed temporary receiver of the 
 
 Company, a corporation organized under the 
 
 laws of said State, and having a place of business in said county, 
 and he now has in his possession, custody and control the assets 
 of said corporation. 
 
 SUIT AGAINST RAILROAD- COMPANY. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 , as plaintiff, brings this his complaint 
 
 against the Southern Railway, as defendant, and shows to the 
 court : 
 
 1. That said Southern Railway is a railroad corporation, 
 and owning and operating a line of railroad running through 
 said county, and has an agent and office for the purpose of 
 transacting business in said county. 
 
 2. That defendant has injured and damaged plaintiff in 
 
 the sum of dollars by reason of the following 
 
 facts, to wit: 
 
 3. That 
 
 4. That 
 
 Wherefore, plaintiff prays that process issue directed to said 
 
 Southern Railway requiring it to be and appear at the next 
 term of the Superior Court of said county, then and there to 
 answer petitioner's complaint. 
 
 Petitioner's Attorney. 
 
 DOMESTIC CORPORATION SUED. 
 
 shows that is a corpora- 
 
 .tion organized under the laws of said State, and having its 
 principal office and place of business in said county of 
 
 Amendment. Where plaintiff was designated as "Farmers & Merchants 
 of B." petition was amendable by inserting the word "Bank," so 
 as to make it read "Farmers & Merchants Bank of B." 145/163 
 (88 S. E. 973).
 
 388 DECREES DEEDS 
 
 Caption. It Is generally recognized that petition must contain title or 
 caption (the terms being synonymous), and that the title or caption 
 shall include the name of the court in which the case is to be tried, 
 the county in which the action is brought, and the name of the 
 parties. The caption is a part of the petition. 18 App. 190, 191 
 (89 S. E. 169), 281 (89 S. E. 344). 
 
 City court. Amendment here inserting words "of Sparta" in first line 
 of petition, so that it should read, "To the city court of Sparta, of 
 said county," was not error. 18 App. 317 (1) (89 S. E. 344). 
 
 Demurrer, petition to be subject to, must be entirely lifeless. 16 App. 
 813 (1) (86 S. E. 455). Special demurrer goes to structure merely, 
 and it must distinctly and particularly specify wherein defect lies. 
 18 App. 159 (88 S. E. 995). 
 
 Description of party. As against appropriate demurrer, suit brought 
 in name which imports neither natural person nor corporation, nor 
 partnership, is mere nullity. 14 App. 106 (1) (80 S. E. 294); 18 
 App. 533 (89 S. E. 1054). See 15 App. 142 (4) (82 S. E. 784). 
 
 Dismissal. Where petition shows on its face that no legal judgment 
 can be rendered thereon, motion to dismiss it may be entertained 
 at any time before verdict. 17 App. 59 (1) (86 S. E. 272). 
 
 Form of action. Not necessary that plaintiff, in his petition, classify 
 his form of action. 14 App. 147, 149 (80 S. E. 519). 
 
 Knowledge and belief. Allegation of certain material facts as true 
 "to the best of the plaintiff's knowledge and belief" is not proper 
 allegation in common-law pleading. 143/762, 763 (4) (85 S. E. 922). 
 
 Paragraphs. Petition not paragraphed would evidence such disregard 
 of requirements of law that same should be dismissed on motion. 
 Petition which makes paragraph of every sentence, without refer- 
 ence to substance, would also evidence such disregard of spirit of 
 law that it should be dismissed. True course lies between these 
 two extremes. 119/667 (46 S. E. 853); 18 App. 618 (1) (90 
 S. E. 88). 
 
 Signature. Where petition is unsigned, defect may be cured by amend- 
 ment. 141/493, 495 (81 S. E. 223). 
 
 DECREES. 
 
 (See Judgments and Decrees, post.) 
 
 DEEDS. 4179-4215. 
 
 ATTESTATION OF DOMESTIC DEED. 
 
 'Signed, sealed and delivered in the presence of" 
 
 Notary Public, county of.,. 
 State of. .
 
 DEEDS 389 
 
 ACKNOWLEDGMENT BY MAKER OF EXECUTION OF DEED. 
 
 Georgia, County. 
 
 Personally came before me, the undersigned attesting officer, 
 
 , the subscriber, who being duly sworn, on 
 
 oath says that he is the maker of the foregoing and hereto 
 attached deed, that he made and executed the same at the time 
 
 and place as it purports, and that and 
 
 then and there signed said deed as witnesses, 
 
 and affiant delivered said deed at said time to the grantee as 
 recited in the attestation. 
 
 Sworn to and subscribed before me, this 
 the.. ..dav of.. , 19.. 
 
 J. P. 
 
 Attorney at law prosecuting to judgment suit upon note, payment of 
 which is secured by conveyance by debtor, does not thereby become 
 incompetent as attesting witness to deed executed in pursuance of 
 statute and reconveying to debtor property for purpose of levy and 
 sale under such judgment and execution based thereon. 141/329 
 (80 S. E. 996). Where person in individual capacity was one of 
 two grantors, and in capacity as trustee of church was one of the 
 grantees, his attestation as justice of the peace of such deed, along 
 with unofficial witness, was not sufficient to authorize deed to be 
 recorded. 144/845 (1) (88 S. E. 199). Although deed may not be 
 properly attested or probated to authorize its record, nevertheless 
 this will not prevent it from conveying title as against grantor and 
 his heirs. 145/215 (1) (88 S. E 1 . 947). Attestation is requisite to 
 prepare deed for record, but deed without witnesses is good as con- 
 veyance between the parties. 91/577 (3) (18 S. E. 830); 87/85 
 (13 S. E. 216); 104/230 (30 S. E. 802). 
 
 CERTIFICATE or CLERK TO NOTARY'S AUTHORITY. 
 
 (Deed executed out of State.) 
 
 State of , County of . . 
 
 I, , clerk of the .court in and for 
 
 said county, and under which the notary hereinafter named 
 
 holds his appointment, (or, I, . .- , the Secretary 
 
 of State of State or Territory, where the notary
 
 390 DEEDS 
 
 holds his appointment under the Governor) do hereby certify 
 
 that ., by and before whom the foregoing 
 
 acknowledgment was taken, was at the time of taking the same, 
 
 a notary public in and for the county of , State 
 
 aforesaid, regularly commissioned and authorized by law to 
 attest deeds and take acknowledgments thereof. 
 
 Witness my hand and official seal this day of , 
 
 19.... 
 
 Clerk Court County, 
 
 [Clerk's Seal] State of 
 
 CEKTIFICATE OF CLEKK TO XOTARY'S AUTHORITY. 
 
 (Notarial act in State.) 
 
 State of , County of 
 
 I, , clerk of the court for the 
 
 county of . . . ., , State of , said court being 
 
 a court of record, do hereby certify that the above signature, 
 
 purporting to be the signature of , a notary 
 
 public in and for the county of , State of , 
 
 is the true and genuine signature of the said , 
 
 and at the time of the attestation of the foregoing deed by him. 
 he was a notary public for said State and County, authorized 
 to attest deeds. 
 
 Clerk, Court, County. 
 
 [NOTE. Where the official witness attesting the deed is a judge of a 
 court of record his official character should appear under his name, and 
 the clerk of the court of which he is judge fehould attach his certificate 
 and the seal of such court, of the genuineness of the signature of such 
 judge. In which case the form of the clerk's certificate should be as 
 follows:] 
 
 CLERK'S CERTIFICATE TO SIGNATURE OF JUDGE. 
 
 State of , County of 
 
 I, , clerk of the court, for the 
 
 county pf , State of , said court being 
 
 a court of record, do hereby certify that the above signature,
 
 DEEDS 391 
 
 purporting to be the signature of , a judge of 
 
 the mun afoi'oaid, is the true and genuine signature of the 
 
 said , and that he is judge of said court. 
 
 Witness my hand and official seal. . . .day of 19. ... 
 
 Clerk of the., Court of 
 
 [Clerk's Seal] County, State of 
 
 PROBATE OF WITNESS. 
 
 Georgia, County.. 
 
 Personally before the undersigned, a justice of the peace in 
 
 and for said county, came , who on^oath says, 
 
 that lie saw sigflj seal and deliver the within 
 
 deed, for the purpose therein mentioned, that deponent sub- 
 scribed the same as a witness in presence of said , 
 
 and he saw said do so likewise. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 POWER OF ATTORNEY TO EXECUTE DEED. 
 
 Georgia, County. 
 
 Know all men by these presents that I, , of 
 
 the said State and county, for divers good causes and considera- 
 tions me hereunto moving, have made, ordained and appointed, 
 
 and by these presents do make, ordain and appoint , 
 
 of said State and county, my true and lawful attorney ; for me 
 and in my name and for my own proper use and benefit, to 
 [here state fully and particularly the object for which the power 
 of attorney was made]. And to have, use and take, all lawful 
 ways and means, in my name, or otherwise, that may be found 
 necessary or proper, in the execution of this power of attorney. 
 To do all the lawful acts and things whatsoever, concerning the 
 premises, as fully in every respect as I myself might or could 
 do were I personally present at the doing thereof; hereby ratify- 
 ing and confirming, and, by these presents, allowing whatsoever
 
 392 DEEDS 
 
 my said attorney shall, in my name, lawfully do or cause to be 
 done, in and about the premises, by virtue of these presents. 
 In witness whereof I have hereunto set my hand and affixed 
 
 my seal, this day of , 19 .... 
 
 [L.S.] 
 
 Signed, sealed and delivered in presence of 
 
 (NOTE: When a deed of conveyance of realty is executed under a 
 power of attorney, the attorney should sign thus: 
 
 By.".'.'.'.'.'.'.'.'.'.. .''.'.'.'.'.'''.'.'.'.'.'.'..'.'....' .'.'..[L. S.] 
 
 (His attorney in fact.) 
 
 The power of attorney should be attached to the deed and recorded 
 with it.) 
 
 WABRANTY DEED. I. (4193-4197. 
 
 Georgia, County. 
 
 This indenture, made this day of , 19. . ., 
 
 between , of the county of , of 
 
 the first part, and , of the county of , 
 
 of the second part, 
 
 Witnesseth, That the said part. . of the first part for and in 
 
 consideration of the sum of dollars, in hand paid, 
 
 at and before the sealing and delivery of these presents, the 
 receipt whereof is hereby acknowledged, ha. . granted, bar- 
 gained, sold, and conveyed, and by these presents do. . grant, 
 bargain, sell, and convey, unto the said part. . of the second 
 
 part, heirs and assigns, all that tract or parcel of land 
 
 lying and being in the county of , State of 
 
 To have and to hold the said bargained premises, together 
 with all and singular the rights, members and appurtenances 
 thereof, to the same being, belonging or in anywise appertaining 
 
 to the only proper use, benefit and behoof of 
 
 the said part. . of the second part, heirs, executors 
 
 and administrators in fee simple. 
 
 And the said part. . of the first, heirs, executors and 
 
 administrators, the said bargained premises unto the said part. . 
 of the second part heirs, executors, administrators and
 
 DEEDS 393 
 
 assigns, against said part. . of the first part, heirs, 
 
 executors and administrators, and all and every other person or 
 persons shall and will warrant and forever defend by virtue of 
 these presents. 
 
 In witness whereof, The said part . . of the first part ha ... 
 
 hereunto set hand . . and affixed seal, 
 
 the day and year first above written. 
 
 [SEAT.] 
 
 [SEAT.] 
 
 Signed, sealed and delivered in presence of 
 
 WARRANTY DEED. II. 
 
 Georgia, County. 
 
 This indenture, made this day of 
 
 in the year of our Lord, one thousand, nine hundred and , 
 
 between , of the county of , State 
 
 of ? of the first part, and , of 
 
 the county of , State of , of the 
 
 second part, witnesseth : 
 
 That the said part . . of the first part, for and in consideration 
 
 of the sum of dollars in hand paid at or before 
 
 the sealing and delivery of these presents, the receipt whereof 
 is hereby acknowledged, ha. . granted, bargained, sold, aliened, 
 conveyed and confirmed, and by these presents do. . grant, 
 bargain, sell, alien, convey and confirm unto the said part . . of 
 
 tlifi second part, heirs and assigns, 
 
 all that tract or parcel of land, 
 
 situated, lying and being in 
 
 (The important thing in the drawing of a deed is to fully and 
 particularly describe the land conveyed, so as to identify it, and 
 so that any one may take the deed and go and locate the land 
 from the description therein.) 
 
 To have and to hold the said bargained premises, with all 
 and singular the rights, members and appurtenances thereof to 
 the same being, belonging, or in anywise appertaining, to the 
 only proper use, benefit and behoof of the said part. . of the 
 
 second part, heirs, executors, administrators and assigns, 
 
 in fee simple; and the said part. . of the first part for 
 
 heirs, executors and administrators, the said bargained premises,
 
 394 DEEDS 
 
 unto the said part. . of the second part, heirs, executors, 
 
 administrators and assigns, against the part. . of the first part, 
 
 / heirs, executors, administrators and assigns, and all and 
 
 every other person or persons, whatsoever, shall and will warrant 
 and forever defend by virtue of these presents. 
 
 In witness whereof, the said part. . of the first part, ha. . 
 
 hereunto set hand. ., affixed seal. ., and delivered 
 
 these presents the day and year first above written. 
 
 (SEAL) 
 
 (SEAL) 
 
 (SEAL) 
 
 Signed, sealed and delivered in presence of: 
 
 QUIT CLAIM DEED. 
 
 Georgia, County. 
 
 This indenture, made this day of , 19. . . ., 
 
 between of- the county of , of 
 
 the first part, and , of the county of , 
 
 of the second part : 
 
 Witnesseth, That the said of the first part, 
 
 for and in consideration of the sum of dollars, 
 
 in hand paid, the receipt whereof is hereby acknowledged, ha. . 
 bargained, sold, and by these presents do. . remise, release and 
 
 forever quit claim to the said , heirs and 
 
 assigns, all the right, title, interest, claim or demand the said 
 
 has or may have had in and to 
 
 [describe the land] With all the rights, members 
 
 and appurtenances to the said in any wise 
 
 appertaining or belonging. 
 
 To have and to hold the said to the said 
 
 so that neither the said 
 
 nor heirs, nor any other person or persons claiming 
 
 under , shall at any time, by any means, or 
 
 ways, have, claim or demand any right or title to the aforesaid 
 , or its appurtenances, or any rights thereof.
 
 DEEDS 395 
 
 In 1 witness whereof, the said ha . . hereunto set 
 
 hand . . and affixed seal, on the day and 
 
 year first above written. 
 
 [SEAL] 
 
 [SEAL] 
 
 [SEAL] 
 
 Signed, sealed and delivered in presence of 
 
 DEED OF GIFT. 
 
 Georgia, County. 
 
 This indenture made this day of , 19. . . . , 
 
 between and , ooth of the 
 
 County and State aforesaid. 
 
 Witnesses that the said for and in considera- 
 tion of the sum of five dollars and of the natural love and 
 
 affection has for (his son) said 
 
 hereby gives, grants and conveys to the said 
 
 heirs and assigns, the following 
 
 property, to wit: 
 
 in said county, together with all the rights and privileges there- 
 unto belonging forever, in fee simple. 
 
 In witness whereof the said hereunto set 
 
 hand and seal, the day and year above written. 
 
 ...: ' EL. s.] 
 
 Signed, sealed and delivered in presence of: 
 
 ,J.P. 
 
 EXECUTOR'S DEED UNDER PUBLIC SALE. I. 
 
 Georgia, County. 
 
 Pursuant to the last will and testament of , 
 
 late of said county, deceased, after public notice made in the 
 
 newspaper, published in the city of ; 
 
 on the first Tuesday in (being the day of 
 
 said month), 19. . . ., I, , duly constituted
 
 39,6 DEEDS 
 
 executor of the last will and testament of said '. . . , 
 
 deceased, did put up and expose to sale, to the highest bidder, 
 
 at , in said county, between the legal hours of 
 
 sale, the lot of land described below. When , 
 
 of said county, being the highest and best bidder, said lot of 
 
 land was knocked off to him, at and for the price of 
 
 dollars. 
 
 Now, therefore, this indenture, made and entered into this 
 
 day of , 19 . . . . , between said 
 
 executor, as aforesaid, of the one part, and said , 
 
 of the other part, witnesseth, that for and in consideration of 
 
 the sum of. . . . dollars, cash in hand paid (at and 
 
 before the sealing and delivery of these presents, the receipt 
 
 whereof is hereby acknowledged), said , executor, 
 
 as aforesaid, hath granted, bargained, sold and conveyed, and 
 by these presents, doth grant, bargain, sell and convey (so far 
 
 as the office of executor authorizes him) unto the said , 
 
 his heirs and assigns, all that lot of land, situate, lying and 
 being [describe the land conveyed], with all the rights, mem- 
 bers and appurtenances to said lot of land, in anywise apper- 
 taining or belonging. 
 
 To have and to hold said lot of land, unto him, the said 
 
 , his heirs and assigns, in the same manner 
 
 in which it was possessed and held by the said , 
 
 deceased. 
 
 In testimony whereof the said , executor, 
 
 as aforesaid, hath hereunto set his hand and affixed his seal, the 
 day and vear above written. 
 
 [L. S.] 
 
 As Ex'r of the estate of , Dec. 
 
 Signed, sealed and delivered in presence of: 
 
 , J. P. 
 
 EXECUTOR'S DEED UNDER PUBLIC SALE. II. 
 
 Georgia, County. 
 
 This indenture made this the day of , 
 
 in the year of our Lord, nineteen hundred and , 
 
 between , as executor of the estate of . , 
 
 late of said county, deceased, and , of said 
 
 county, witnesseth ; 
 
 That whereas, party of the first part is the duly qualified
 
 DEEDS 397 
 
 executor of the estate of , late of said county, 
 
 deceased, and by the terms of the will of the said deceased, he 
 was given authority to sell and dispose of the real estate of said 
 estate, either at public or private sale, and party of the first 
 part, deeming it advisable to sell the same at public sale, and 
 in pursuance of law did advertise said land once a week for 
 
 four weeks previous to the first Tuesday in , 19. . . ., 
 
 in the , as is required for sheriff's sale, and. on 
 
 said first Tuesday in , 19. . . ., between the legal 
 
 hours of sale, party of the first part did expose the land herein- 
 after described for sale at public outcry, at which time 
 
 was the highest bidder at and for the price of 
 
 dollars, and said land was then and there knocked 
 
 off to the said at said price as the purchaser 
 
 of said land, all of which was done by the said party of the first 
 part in pursuance of 'his power under said will. 
 
 Now therefore, party of the first part, for and in considera- 
 tion of the sum of dollars to him in hand paid, 
 
 at and before the delivery of these presents, the receipt whereof 
 is hereby acknowledged, has granted, bargained, sold and con- 
 veyed, and by these presents does grant, bargain, sell and con- 
 vey, unto the said , party of the second part, 
 
 his heirs and assigns, 
 
 All that tract or parcel of land, situate, lying and being in 
 
 the county of , and known on the plan or map of 
 
 said county as lot of land, Number in- the 
 
 district and section of said county, containing forty 
 
 (40) acres, more or less, together with all the rights, members 
 and appurtenances to said lot of land, in anywise appertaining 
 or belonging. 
 
 To have and to hold the said lot of land unto him, the said 
 
 . ., his heirs and assigns, as fully and completely 
 
 and in the same manner in which it was possessed and held by 
 the said , deceased. 
 
 In testimony whereof, the said , executor 
 
 as aforesaid, hath hereunto set his hand and affixed his seal, the 
 day and vear above written. 
 
 (L. S.) 
 
 As executor of the estate of , deceased. 
 
 Signed, sealed and delivered in the presence of: 
 
 J. P.
 
 398 DEEDS 
 
 EXECUTOR'S DEED AT PRIVATE SALE UNDER AUTHORITY 
 CONTAINED IN WILL. I. 
 
 Georgia, County. 
 
 This indenture, made and entered into this day 
 
 of , 19...., between , as 
 
 executor of the last will and testament of , 
 
 late of said county, deceased, party of the first part, and 
 
 , part . . of the second part, of the county 
 
 of , State of 
 
 Witnesseth, That the said party of the first part, by virtue of 
 the power and authority vested in him by said will (which has 
 been duly probated and recorded in said county) : 
 
 Now, therefore, the said party of the first part, in considera- 
 tion of the premises and for the further consideration of the 
 
 sum of dollars, to. him in hand paid, at and 
 
 before the sealing and delivering of these presents, the receipt 
 whereof is hereby acknowledged, has granted, bargained, sold 
 and conveyed, and hereby does grant, bargain, sell and convey 
 
 unto the said part. . of the second part, heirs and 
 
 assigns, the following described tract or parcel of land lying 
 
 and being in, 
 
 To have and to hold the same, together with the rights, mem- 
 bers and appurtenances thereunto belonging, or in anywise 
 
 appertaining, to said part . . of the second 
 
 part own proper use, benefit and behoof forever, in 
 
 as full and as ample a manner as the same was possessed or 
 enjoyed by the said , deceased, in his lifetime. 
 
 In witness whereof, The said party of the first part has here- 
 unto set his hand and seal, the day and year first above written. 
 
 [SEAL] 
 
 [SEAL] 
 
 Signed, sealed and delivered in presence of: 
 
 EXECUTOR'S DEED AT PRIVATE SALE UNDKR AUTHORITY 
 CONTAINED IN WILL. II. 
 
 Georgia, County. 
 
 This indenture, made the day of , 19. . . .,
 
 DEEDS 390 
 
 between , as the executor of the last will and 
 
 testament of , late of said county, deceased 
 
 (said executor being authorized by said will to sell land, herein- 
 after described, of said deceased, at private sale), and 
 
 of the county and State aforesaid, Witnesses, that for and in 
 
 consideration of the sum of dollars, to him in 
 
 hand paid, as executor as aforesaid, does hereby sell and convey 
 
 unto the said , his heirs and assigns, a certain 
 
 tract of land, the same being the property of the estate of said 
 deceased, and situated in said county, to wit : [here describe 
 
 the land] containing acres, more or less. To have 
 
 and to hold the said premises nnto the said , 
 
 his heirs and assigns, in as complete a manner as said deceased 
 had and held the same. In witness whereof, the said executor 
 has hereunto set his hand and seal, the day and year first" above 
 written. 
 
 ; [L.S.] 
 
 Signed, sealed and delivered in the presence of: 
 
 ,' J.'R 
 
 DEED TO WILD LANDS SOLD BY ADMINISTRATOR AT PRIVATE 
 
 SALE. 
 
 Georgia, County. 
 
 This indenture, made the day of , 19. . . ., 
 
 between , as the duly constituted administrator 
 
 of the estate of , late of said county, deceased, 
 
 and Witnesseth, that in pursuance of an order 
 
 of the court of ordinary of said county, authorizing said admin- 
 istrator to sell at private sale certain wild, uncultivated lands, 
 hereinafter described, belonging to the estate of said deceased, 
 that said administrator, for and in consideration of the sum of 
 
 dollars, to him in hand paid as said administrator, 
 
 does hereby sell and convey unto the said , 
 
 his heirs and assigns, a certain tract or lot of land, the same 
 being wild and uncultivated lands, and the property of said 
 
 deceased, lying in county, State aforesaid, to wit: 
 
 [here describe the laud], containing acres, more or 
 
 less. To have and to hold said lands to him, the said , 
 
 his heirs and assigns, in as complete a manner as said deceased 
 had and held the -ame.
 
 400 DEEI>S 
 
 In witness whereof the said administrator has hereto set his 
 hand and seal the day and year first above written. 
 
 [L. S.] 
 
 As Administrator Estate of , Deceased. 
 
 Signed, sealed and delivered in presence of: 
 
 , J. P. 
 
 GUARDIAN'S DEED. 
 
 Georgia, County. 
 
 This indenture, made the day of , 19. . . ., 
 
 between . . , as guardian for , 
 
 and . 
 
 Witnesses, that, in pursuance of an order of the court of 
 
 Ordinary of said county, regularly granted at the 
 
 term, 19. . . ., of said court, authorizing said guardian to sell 
 certain real estate of his said ward ; the said guardian legally 
 
 advertised for sale, on the first Tuesday in , 19. . . ., 
 
 in the , a newspaper published in said county, in 
 
 which sheriff's sales are published, the tract or parcel of land 
 hereinafter described, as the property of said ward, and on 
 
 the day of , 19 . . . . , within the legal hours 
 
 of sale, he exposed said lands for sale at the court-house door in 
 said county according to law, when the same was bid off by the 
 
 said , he being the highest and best bidder, at 
 
 and for the sum of dollars. 
 
 Now, the said , as guardian aforesaid, in 
 
 consideration of said dollars to him in hand 
 
 paid, does hereby sell and convey to the said , 
 
 his heirs and assigns, the aforesaid lands, lying in 
 
 county, to wit: [describe the land], containing acres, 
 
 more or less. To have and to hold said lands to him, the said 
 , his heirs and assigns, in as complete a man- 
 ner as the said ward had and held the same. 
 
 In witness whereof the said , as guardian 
 
 aforesaid, has hereunto set his hand and seal, the day and year 
 first above written. 
 
 [L. S.] 
 
 As guardian of 
 
 Signed, sealed and delivered in presence of: 
 
 ,, J. P. .
 
 DEEDS .401 
 
 PARTITION DEED. 
 
 Georgia, ............ County. 
 
 This indenture, made this the ...... day of .............. 
 
 19 . . . . , between ............... and . . . . ........... , both 
 
 of the county and State aforesaid. 
 
 Witnesses, that the said ................... and ......... 
 
 bring tenants in common of a certain tract of land, lying in 
 said county [here particularly describe the land], containing 
 ......... acres, more or less, and having made partition of the 
 
 same between themselves, by establishing a line, beginning at 
 ............ and running across said land in a [specify the 
 
 direction] to ............... , which said line is intended to 
 
 separate the respective interests of the parties to this instrument 
 in said tract or parcel of land, .................. taking and 
 
 receiving all on the south side of said line, and .............. 
 
 taking and receiving all on the north side of said line. Now, 
 in consideration of the advantages each of the parties to this 
 instrument is to derive from the partition aforesaid, the said 
 ................. hereby releases and relinquishes all claim 
 
 and conveys all the right, title and interest he has in and to that 
 portion of said tract of land lying on the north side of said line, 
 to .............. , his heirs and assigns, forever in fee simple; 
 
 and the said ................ hereby releases and relinquishes 
 
 all claim, and conveys all the right, title and interest he has in 
 and to that portion of said tract of land lying on the south side 
 of said line, to ............... , his heirs and assigns, forever 
 
 in fee simple. 
 
 In witness whereof the said. . . . ........ and. ........... 
 
 have hereto set their hands and seals, the day and year above 
 written. 
 
 ...... ..... . ..................... [L. S.] 
 
 Signed, sealed and delivered in presence of: 
 
 , J. P. 
 
 TRUST DEED. 
 
 Georgia, County. 
 
 This indenture, made and entered into this day 
 
 of , 19 . . . . , between , of said
 
 402 DEEDS 
 
 State and county, of the one part, and , of the 
 
 same place, of the other part. 
 
 Witnesseth, that for and in consideration of the natural love 
 
 to [his infant daughter] , of said State and 
 
 county and for and in consideration of the 
 
 sum of five dollars, cash in hand paid by said 
 
 at and before the sealing and delivery of these presents, the re- 
 ceipt whereof is hereby acknowledged, said hath 
 
 bargained, sold, granted and conveyed, and by these presents 
 
 doth bargain, sell, grant and convey unto the said 
 
 for the use, benefit and advantage, in tmst for said 
 
 for life, for her sole and separate use, and on her decease, to 
 such child or children, of representative of child or children, as 
 she may leave in life, to wit: all that lot of land [describe the 
 land conveyed], with all the rights, members and appurtenances 
 to said lot of land belonging, or in anywise appertaining. 
 
 To have and to hold the above described property to him, the 
 
 said in trust for said and her 
 
 children, as above specified, forever. 
 
 In witness whereof the said hath hereunto 
 
 set his hand and affixed his seal, the day and year above written. 
 
 ' IL. s.] 
 
 Signed, sealed and delivered in presence of: 
 
 , J. P. 
 
 OF LEVY BY SHERIFF. 
 
 Georgia, County. 
 
 To , owner of [describe the land] 
 
 in the district of said county : 
 
 You are hereby notified that I have this day levied a fi. fa. 
 
 issued from the court of in favor of 
 
 , plaintiff, against , defendant, 
 
 upon the aforesaid lot of land, as your property. And you are 
 further notified that said lot of land will be sold at legal sale 
 by me on the first Tuesday in next. 
 
 This day of , , 19 .... 
 
 , Sheriff [L. S.]
 
 DEEDS 403 
 
 SHERIFF'S DEED. 
 
 Georgia, County. 
 
 This indenture, made this, the day of . . , 
 
 19. . . ., between , sheriff of said county, and 
 
 , of the county of 
 
 Witnesses, that the said , sheriff as afore- 
 said, by virtue of an execution issued from the court 
 
 of said county in favor of against . . . ., , 
 
 did on the day of , 19. . . ., levy upon a 
 
 tract of land lying in said county of , and herein- 
 after more fully described as the property of the said ; 
 
 that he advertised said land, as required by law-, for sale on the 
 
 first Tuesday in , 19. . . ., in the. . . , 
 
 a newspaper published in said county of in which 
 
 the sheriff's advertisements are published, and that at said time 
 he offered said tract of land for sale, according to law, when 
 
 the same was bid off by , he being then and 
 
 there the highest and best bidder, at and for the sum of ........ 
 
 dollars. 
 
 Now, the said , sheriff aforesaid, in con- 
 sideration of the sum of dollars, to him in hand 
 
 paid, does hereby sell and convey unto the said , 
 
 his heirs and assigns, the said land, to wit: [here describe the 
 l?nd], containing acres, more or less. 
 
 Together with all and singular the rights, members and appur- 
 tenances thereof; and also all the estate, right, title, interest, 
 
 claim and demand of the said in law, equity 
 
 or otherwise, whatsoever, of, in or to the same: 
 
 To have and to hold the said premises, and every part thereof, 
 
 unto the said , heirs and assigns, in as full 
 
 and ample a manner as the said or , 
 
 heirs and assigns, did hold and enjoy, and might have held and 
 enjoyed the same, had it not been seized and sold under the 
 execution aforesaid. 
 
 In witne-ss whereof, the said , sheriff afore- 
 said, hath hereunto set his hand and affixed his seal, the day 
 and year first above mentioned. 
 
 [L.S.] 
 
 Sheriff of County. 
 
 Signed, sealed and delivered in presence of:
 
 404 DEEDS 
 
 SHERIFF'S TAX DEED. 
 
 Georgia, . .- County. 
 
 Whereas, , the sheriff of said county, did 
 
 on the day of , 19 . . . . , levy a writ of fieri 
 
 facias, issued by , tax-collector of said county, 
 
 against , for State and county taxes 
 
 for the year 19. ... upon that certain tract, parcel and lot of 
 
 land, and the improvements thereon, in said county of , 
 
 State of Georgia, to wit: [describe the land], levied upon as the 
 property of , and after due and legal publica- 
 tion (as required by law), being made in the. , a 
 
 newspaper published in said county of in which 
 
 sheriff's sales are published, of the sale of said tract, parcel and 
 lot of land as above described, to satisfy the tax fieri facias 
 
 aforesaid, the said sheriff proceeded on the '. . .day 
 
 of , 19 . . . . , the same being a day of sale, for the 
 
 sale of the same according to law, at the court-house door in 
 said county,* when said property was then offered for sale, 
 
 and , being then and there the highest bidder 
 
 at and for the sum of dollars 
 
 and cents, the said property was then and there 
 
 knocked off to . 
 
 Now, this indenture, made and entered into, this the 
 
 day of , 19 . . . . , between , sheriff 
 
 aforesaid of county, of the one part, and , 
 
 of the county of , and State of , of the 
 
 other part. 
 
 Witnesseth, that for and in consideration of the sum of 
 
 dollars, and cents, cash to him in hand 
 
 paid by said at and before the sealing and 
 
 delivery of these presents, the receipt whereof is hereby acknowl- 
 edged, the said , sheriff aforesaid, has granted, 
 
 bargained and sold, and doth by these presents grant, bargain 
 
 and sell unto the said , heirs and assigns, (so 
 
 far as the office of sheriff authorizes him to sell) all that tract, 
 parcel and lot of land in said county, and the 'improvements 
 thereon as above described. 
 
 To have and to hold the above granted premises unto , 
 
 (*NOTE: When execution is issued against property not returned, 
 see 1168.)
 
 DEEDS 405 
 
 the said , heirs and assigns, in as full and 
 
 ample a manner as the same was held and possessed by the 
 
 said when the said property was levied upon 
 
 and sold. 
 
 In witness whereof the said , sheriff of 
 
 county hath hereunto set his hand and affixed his 
 
 seal, the day and year first above written. 
 
 [L.S.] 
 
 Sheriff of said County. 
 
 Signed, sealed and delivered in the presence of: 
 
 LOAN DEED WITH POWER or SALE. 
 (Shy lock Form.) 
 
 Georgia, County. 
 
 This indenture, made the day of , 19. . . . , 
 
 between , of the county of and 
 
 State of Georgia, of the first part, and , of the 
 
 county of and State of , of the 
 
 second part: 
 
 Witnesseth, that the said party of the first part, for and in 
 
 consideration of the sum of dollars in hand paid, 
 
 at and before the sealing and delivery of these presents, the 
 receipt whereof is hereby acknowledged, has granted, bargained, 
 sold, aliened, conveyed and confirmed, and by these presents 
 does grant, bargain, sell, alien, convey, and confirm unto the 
 
 said party of the second part heirs and assigns, all that 
 
 tract or parcel of land, situate in the city of being 
 
 part of land lot number in the district 
 
 of county aforesaid, and which is bounded and 
 
 described as follows : Beginning at 
 
 To have and to hold the said bargained premises with all and 
 singular the rights, members and appurtenances thereto apper- 
 taining, or belonging to the only proper use, benefit and behoof 
 
 of the said party of the first part, , heirs and 
 
 assigns, in fee simple ; and the said party of the first part hereby 
 
 covenants that is lawfully sci/.cd ;m<l posx rd 
 
 of said property, and has a good right to convey it, and th;il it
 
 406 DEEDS 
 
 is unencumbered ; and the said bargained premises, the said 
 
 first party and heirs, executors and administrators, unto 
 
 the said party of the second part, heirs and assigns, 
 
 against the said first party and the heirs, executors and admin- 
 istrators of the said first party and against all and every other 
 person or persona shall and will warrant and forever defend. 
 
 This conveyance is made under the provisions of the existing 
 Code of the State of Georgia, to secure a debt evidenced by a 
 note of even date herewith, made by the party of the first part 
 to order of the party of the second part, for the principal sum 
 
 of dollars, in gold coin of the United States 
 
 of present standard weight and fineness and due , 
 
 19 , with interest from date at the rate of . . . .per centum 
 
 per annum, evidenced by certain interest notes or 
 
 coupons to said note attached and which are to mature at inter- 
 vals of months, and to bear interest after maturity 
 
 at the rate of eight per centum per annum; said first party 
 taking the bond of second party of even date herewith for titles 
 back to said first party upon the payment of such debt. 
 
 And the said party of the first part hereby covenants, for so 
 long as said indebtedness or any part thereof shall remain un- 
 paid, to keep said premises in as good condition as they now 
 are; to pay all taxes and assessments that may be liens upon 
 said premises, as they become due, and to keep the improvements 
 on said premises insured in company or companies acceptable 
 to said second party against loss or damage by fire or lightning 
 
 in the sum of at least dollars, with loss, if any, 
 
 payable to said party of the second part or assigns, as their 
 interest may appear ; and that any tax, assessment, or premium 
 of insurance, not paid when due by the party of tho first part, 
 may be paid by the party of the second part or assigns, and any 
 sum so paid shall be added to the amount of said principal debt 
 as part thereof, shall draw interest from the time of said pay- 
 ment at the rate of eight per centum per annum, and shall, with 
 interest, be covered by the security of this deed. 
 
 And said party of the first part hereby further covenants and 
 agrees that in case of any default in the due payment of interest 
 upon said principal debt as and when the same shall become 
 due, or in the due performance of any of the covenants herein 
 expressed to be performed by the party of the 'first part, the said 
 principal note together with any and all sums paid for account 
 of the party of the first part, in accordance with the provisions 
 above set forth, shall at the option of the party of the second
 
 DEEDS 407 
 
 part or assigns then and thereby become and be due and payable 
 forthwith with accrued interest, and all expenses and costs of 
 collection, including ten per centum of the amount due as attor- 
 ney's fees, and the amount of such costs, expenses and fees shall 
 be added to the amount of the debt hereby secured as part 
 thereof, and as such shall also be covered by the security of 
 this deed; time is of the essence of this contract. 
 
 And the party of the first part further covenants and agrees 
 that in case the debt hereby secured shall not be paid when it 
 becomes due by maturity in due course, or by reason of a default 
 as above provided, the party of the second part or assigns may 
 enter upon said premises and collect the rents and profits thereof, 
 and may sell the said property at auction, at the usual place for 
 
 conducting sales at the court-house in the city of 
 
 in said State, to the highest bidder, for cash, giving four weeks' 
 notice of the time, terms and place of such sale by advertisement 
 once a week in a daily newspaper published in said city of 
 
 ,. .all other notice being hereby waived by said 
 
 party of the first part (and said second party, or any person on 
 behalf of said second party or assigns may bid and purchase at 
 such sale), and thereupon execute and deliver to the purchaser 
 at such sale a sufficient conveyance of said premises in fee sim- 
 ple, which conveyance .shall contain recitals as to the happening 
 of the default upon which the execution of the power of sale 
 herein granted depends, and the said party of the first part 
 hereby constitutes and appoints the said party of the second 
 part and assigns, the agent and attorney in fact of said party 
 of the first part to make such recitals, and hereby covenants 
 and agrees that the recitals so to be made by the party of the 
 second part or assigns shall be effectual to bar all equity of 
 redemption of the party of the first part or the successors in 
 interest of said first party, in and to the said premises, and the 
 party of the second part or assigns shall collect the proceeds of 
 such sale, and after reserving therefrom the entire amount of 
 principal and interest due, together with the amount of any 
 taxes, assessments and premiums of insurance theretofore paid 
 by said party of the second part or assigns with eight per 
 centum per annum thereon from date of payment, together with 
 all costs and expenses of sale and ten per centum of the aggre- 
 gate amount due, for attorney's fees, shall pay any overplus to 
 the party of the first part, or to the heirs or assigns of said 
 first party.
 
 408 DEEDS 
 
 And the party of the first part further covenants and agrees 
 that the possession of said premises, during the existence of 
 said indebtedness, by the party of the first part, or any person 
 claiming under the party of the first part, shall be that of a 
 tenant under the party of the second part, or assigns during the 
 due performance of all the obligations aforesaid, and that in 
 case of a sale as hereinbefore provided, the party of the first 
 part, or any person in possession under the party of the first 
 part, shall then become and be tenants holding over and shall 
 forthwith deliver possession to the purchaser at such sale, or 
 be summarily dispossessed, in accordance with the provisions of 
 law applicable to tenants holding over. 
 
 The power and agency hereby granted are coupled with an 
 interest and are irrevocable by death or otherwise and are 
 granted as cumulative to the remedies for collection of said 
 indebtedness provided by law. 
 
 In witness whereof, the party of the first part has hereto 
 
 set hand and seal the day and year first above written. 
 
 [L. S.] 
 
 Signed, sealed and delivered in presence of: 
 
 BOND TO RECOISTVEY. 
 
 Georgia, County. 
 
 This indenture, made and executed this day of 
 
 , 19 . . . . , by and between , 
 
 of the county of and State of , 
 
 party of the first part, and , of the county 
 
 of and State of Georgia, party of the second part: 
 
 Witnesseth, That the said party of the first part is held and 
 firmly bound unto the said party of the second part in the sum 
 
 of dollars, binding self heirs, 
 
 executors, administrators and assigns to convey to 
 
 the second party heirs or assigns, the following described 
 
 real estate, to wit: All that parcel of land lying and being in 
 
 . being part of the land lot numbered 
 
 in the district of county, in the State of 
 
 Georgia, and which is bounded and described as follows: Begin- 
 ning at
 
 DEEDS 409 
 
 The payment of said sum or the reconveyance of said property 
 being based on the following statements, conditions and agree- 
 ments, to wit : 
 
 Whereas, The said party of the second part has borrowed 
 
 from the said party of the first part, the sum of 
 
 dollars, and given therefor certain promissory note, 
 
 Avith coupons attached, bearing even date herewith, agreeing 
 
 therein to pay .to said first party, or order, the sum of 
 
 dollars, on the day of , 19. . . ., with interest 
 
 at the rate of per cent, per annum, as per interest coupons 
 
 to said note attached, and payable in succession at intervals 
 
 of months; and further, that, in case of default in 
 
 the conditions of said note, the holder might proceed, as stated, 
 to collect the same with ten per cent, of the principal and inter- 
 est as attorney's fees, and all costs of collection. 
 
 And whereas, to secure the payment of said indebtedness, the 
 said second party has by deed, bearing even date herewith, con- 
 veyed to said first party the property heretofore described. 
 
 Now, in consideration thereof, the said first party has agreed 
 and hereby for self, heirs, executors, admin- 
 istrators and assigns, does agree to reconvey to said second party 
 
 heirs and assigns, the said premises, upon a full 
 
 compliance by said second party with the conditions set out in 
 said promissory note and deed, and in this bond hereinafter 
 generally referred to. The deed above referred to and this bond 
 being executed in reference to each other, and to conform to the 
 provisions of the existing Code of Georgia, and are to be con- 
 strued and enforced according thereto. The conditions upon 
 which a reconveyance is- to be made being substantially as 
 follows : 
 
 First. That said second party shall pay the interest as stipu- 
 lated in said note and coupons, and if not so paid when due, 
 shall pay interest on unpaid interest from the time it becomes 
 due until paid, at the rate of eight per cent, per annum. All 
 payments in this bond mentioned or contracted to be made, shall 
 be paid in gold coin of the United States, of the present standard 
 of weight and fineness. 
 
 Second. That said second party shall pay all taxes and 
 assessments, which shall be liens upon the property herein 
 described when the same becomes due, and if not so paid, that 
 the said first party or assigns may, without notice, declare the
 
 410 DEEDS 
 
 whole sum of money with interest due and collectible at once, 
 and proceed to collect the same and may pay such taxes or 
 assessments and collect the same from said second party, with 
 interest at eight per cent, per annum from the time of payment, 
 and that the amount so paid by said first party shall become a 
 part of the said secured indebtedness of said second party. 
 
 Third. That said second party shall keep all improvements 
 on said real estate in as good repair and conditipn as the same 
 are in at this date, and shall permit no waste; and further, shall 
 at second party's expense, until the indebtedness herein recited 
 is fully paid off, keep the buildings erected and to be erected on 
 
 said lands insured in the amount of dollars in some 
 
 responsible insurance company or companies acceptable to said 
 first party, with loss, if any, payable to said first party or 
 assigns; and in the event of a failure so to insure, said first 
 party or assigns may procure such insurance, and collect the 
 cost thereof from said second party, and that the amount so 
 paid shall become a part of the said secured indebtedness of 
 said second party, and said first party or assigns may elect, in 
 event of such failure, to declare said entire indebtedness at 
 once due and proceed to collect the same. 
 
 Fourth. The said second party shall, upon a failure to pay 
 either the principal debt herein named, or interest thereon when 
 the same shall become due, or to duly perform any of the agree- 
 ments or conditions above or in said deed recited, and hereby 
 does give the right to the said first party, or assigns, without 
 notice to said second party, or any other party to immediately 
 proceed to enforce the collection of the full amount of the debt 
 and interest, and all costs of collection, including an amount 
 for attorney's fees equal to ten per cent, on the debt then due, 
 and that the property herein described shall stand as security 
 therefor time being of the essence of this contract and upon 
 failure of said second party to pay said debt or interest, as 
 above contracted, or to comply with or perform any of the above 
 recited agreements or conditions, then this bond to be void, else 
 of full force. 
 
 Fifth. This bond shall not be assigned or transferred with- 
 out the consent in writing of said first party. 
 
 Witness the hand and seal of said first party the day and 
 year first above written. 
 
 IL.S.]
 
 DEEDS 411 
 
 CANCELLATION CLAUSE. 
 
 The loan referred to in this deed has been fully paid, and the 
 
 clerk of the Superior Court of county may enter 
 
 this cancellation of record. 
 
 This day of , 19 
 
 [L.S.] 
 
 Executed in presence of 
 
 WARRANTY DEED TO SECURE LOAN. 3306-3310, 6037. 
 (Short Form.) 
 
 Georgia, . . County. 
 
 This indenture, made the day of , 19. . . ., 
 
 between , of the county of and 
 
 State of , of the first part, and , 
 
 of the county of and State of , of 
 
 the second part. 
 
 Witnesseth, That the said part. . of the first part, for and in 
 
 consideration of the sum of dollars, in hand 
 
 paid, at and before the sealing and delivery of these presents, 
 the receipt whereof is hereby acknowledged, ha. . granted, bar- 
 gained, sold, aliened, conveyed, and confirmed, and by these 
 presents do. . grant, bargain, sell, alien, convey and confirm, 
 
 unto the said part. . of the second part, heirs and 
 
 assigns, all . . [describe the land] 
 
 To have and to hold, the said bargained premises, with all 
 and singular the rights, members and appurtenances thereunto 
 appertaining, to the only proper use, benefit and behoof of the 
 
 said part . . of the second part heirs and assigns, in 
 
 fee simple; and the said part. . of the first part hereby cove- 
 nant, .that lawfully seized of said property, 
 
 and a good right to convey it, and that it is 
 
 uriincumbered, and the said bargained premises, the said part . . 
 
 of the first part unto the said part, .of the second part 
 
 heirs and assigns, against the said part. . of Hie first part
 
 412 DEEDS 
 
 and against all and every other person or persons, shall 
 
 and will warrant and forever defend by virtue of these presents. 
 
 This conveyance is made by the said part . . of the first part 
 
 to secure a loan of dollars, made to 
 
 by the second part. . hereto under the conditions of a certain 
 bond for reconveyance executed by the said second part . . , which 
 said bond is made a part hereof, and the covenants of which said 
 part., hereby undertake., to perform: This deed and said 
 bond are executed to conform to sections 3306-3310, 6037 of 
 the Code of Georgia, 
 
 In witness whereof, the said part. . of the first part ha. . . 
 
 hereunto set hand and affixed seal, and 
 
 delivered these presents, the day and year above written. 
 
 -...' .' [L. S.] 
 
 - [L. S.] 
 
 , [L. S.] 
 
 [L. S.] 
 
 Signed, sealed and delivered in presence of 
 
 PROMISSORY 
 
 No.. 
 
 ,19.... 
 
 , after date promise to pay to the 
 
 order of dollars, at , 
 
 for value received. 
 
 With interest after maturity until paid, payable semi-annu- 
 ally, at eight* per cent, per annum, with all costs of collection, 
 including ten per cent, as attorney's fees, if collected by law or 
 through an attorney at law ; said semi-annual interest evidenced 
 
 by coupons hereto attached. Either of us, whether 
 
 principal, security, guarantor, endorser, or other party hereto, 
 hereby severally waive and renounce each for himself and family, 
 any and all homestead and exemption rights, either of us or the 
 family of either of us, may have under or by virtue of the 
 Constitution and laws of Georgia, or of any other State, or of
 
 DEEDS 413 
 
 the United States, as against this debt or any renewal thereof, 
 and each waives demand, protest and non-payment. If said 
 coupons for semi-annual installments of interest, or any of them, 
 shall not be paid when the same become due, then the entire 
 principal, and the interest thereon, at the option of the payee 
 hereof, may be collected immediately (time being of the essence 
 of this contract). It is further expressly agreed that if at any 
 time, until this note and interest thereon is fully paid, the 
 premises recited in the conveyance executed contemporaneously 
 herewith, and made as security for this note, or any portion 
 thereof, shall be levied on for any tax or tax assessment, or the 
 insurance contracted to be maintained on said property should, 
 not be maintained or the purchaser of said estate should be 
 compelled to make any repairs on said premises, then and in 
 that event this note, and interest accrued thereon, may be imme- 
 diately declared as having become due, and suit may be in- 
 stituted. 
 
 Witness hand and seal. . this. day 
 
 of , 19 
 
 , IL. S.] 
 
 '[L.S.] 
 
 $ No 
 
 On the .... day of , 19 . . . . , .... promise 
 
 to pay to the order of , dollars, 
 
 at (with interest thereon, at the rate of 
 
 eight per cent, per annum after maturity, payable semi- 
 annually), being the semi-annual interest on the note hereto 
 annexed, of even date herewith, subject to all the condi- 
 tions of said note, and of the deed, of even date herewith, 
 made to secure the same. 
 
 $ No 
 
 On the day of , 19. . . ., promise 
 
 to pay to the order of dollars, 
 
 at (with interest thereon, at the rate of 
 
 eight per cent, per annum after maturity, payable semi- 
 annually), being the semi-annual interest on the note hereto 
 annexed, of even date herewith, subject to all the condi-
 
 414 DEEDS 
 
 tions of said note, and of the deed, of even date herewith, 
 made to secure the same. 
 
 (NOTE. As many coupon notes may be attached to the principal 
 note as the requirements of the loan demand. Each coupon may be 
 transferred by the following indorsement on the back thereof: 
 Pay to the order of 
 
 without recourse on me. 
 
 BOND TO RECONVEY. 
 
 Georgia, County. 
 
 This indenture, made and entered into this day 
 
 of.. , 19 . . . . , by and between . . . , 
 
 of the State of and county of , part . . . 
 
 of the first part, and , of the State of 
 
 and county of , part. . . of the second part: 
 
 Witnesseth, That the said part . . of the first part held 
 
 and firmly bound unto the said part. . of the second part in the 
 
 sum of dollars, binding sel , 
 
 ....:. heirs, legal representatives or assigns, to convey to the 
 
 said part. . of the second part, heirs, legal representatives 
 
 or assigns, the following described real estate, to wit : 
 
 The payment of said sum, and the said conveyance of said 
 property, being based on the following conditions and agree- 
 ments, to wit: 
 
 Whereas, The said part. . of the second part, borrowed from 
 
 the said part . . of the first part the sum of dollars, 
 
 and gave therefor promissory note. ., with coupons 
 
 attached, bearing date the day of , 19. . . ., 
 
 whereby the said part. . of the second part agreed and promised 
 
 to pay to the said part . . of the first part, or 
 
 at the office of at the sum 
 
 of dollars, on the day of , 
 
 with interest thereon from date at the rate of eight per cent. 
 
 per annum, payable semi-annually, as is evidenced by 
 
 interest notes or coupons thereto attached; and further, that in
 
 DEEDS 415 
 
 case of default in the conditions of said note or any of them, 
 the owner might proceed as stated, to collect the principal and 
 interest and attorney's fees and all costs of collection ; and 
 
 AVhereas, To secure the payment of said note and interest, 
 
 the said part. . of the second part did, on the ,. . . .day 
 
 of , 19. . . ., convey to the said part. . of the first 
 
 part the property hereinafter described ; now, 
 
 Therefore, in consideration thereof, the said part. . of the 
 
 first part agrees to, and hereby for sel. . ., 
 
 heirs, representatives or assigns, do. . agree to reconvey to the 
 
 said part. . of the second part, heirs, representatives 
 
 or assigns, the said premises upon the full compliance by the 
 said part . . of the second part with the conditions set out in the 
 promissory notes hereinbefore described, and in this bond here- 
 after contained. 
 
 The deed above referred to and this bond being executed with 
 reference to each other, and to conform with sections 3306-3310 
 and 6037 of the Code of Georgia, and the Acts of the Legislature 
 amendatory thereto, or otherwise enforced as expressed in said 
 deed, the conditions upon which the reconveyance is to be made 
 being as follows: 
 
 1. That the said part. . of the second part shall pay the 
 interest as stipulated in said note, and if not so paid when due, 
 shall pay interest on the unpaid interest from the time it be- 
 comes due until paid, at the rate of eight per cent, per annum. 
 
 2. That said part. . of the second part shall pay all taxes 
 and assessments levied upon the property hereinbefore described, 
 before the same becomes delinquent ; and if not so paid, the said 
 part . . of the first part may, without notice, declare the prineipal 
 and interest of said note due and collectible at once, and may 
 proceed to collect the same; or may elect to pay such taxes or 
 assessments and collect the amount of the same from said part . . 
 of the second part, with interest at the rate of eight per cent, 
 per annum from the time of payment, and that the amount so 
 paid by said part. . of the first part shall become a part of the 
 indebtedness of the said part. . . .of the second part. 
 
 3. That the said part. . of the second part shall keep all 
 buildings, fences and other improvements on said real estate in 
 as good order and condition as the same are in at this date, and 
 shall permit no waste; and further, shall, at the expense of said 
 part. . of the second part, until the indebtedness herein recited
 
 416 DEEDS 
 
 is fully paid off, keep buildings now erected or in process of 
 erection, or hereafter to be erected, on said lands, insured in the 
 
 amount of dollars, in some responsible insurance 
 
 company, acceptable to said part. . of the first part, with loss, 
 
 if any, payable to said part . . of the first part, heirs, 
 
 representatives or assigns, and in the event of a failure so to 
 insure, or so to keep insured, said part . . of the first part may 
 procure insurance and collect the cost thereof from said part. . 
 of the second part, and that the amount so paid shall become a 
 part of the indebtedness of said part. . of the second part. 
 
 4. That said part. . of the second part, upon failure either 
 to pay the principal debt herein named or interest thereon when 
 said principal or interest shall become due, or to conform to or 
 comply with any of the agreements or conditions above recited, 
 hereby gives the right to said part. . of the first part to imme- 
 diately proceed, without notice to said part. . of the second 
 part, or to any other party, to enforce the collection of the full 
 amount of the said debt and interest, and all costs of collections, 
 including an amount for attorney's fees equal to ten per cent, 
 of the debt then due; and that the property hereinbefore de- 
 scribed shall stand as security therefor. Time being of the 
 essence of this contract. 
 
 In witness whereof, the said part.. . of the first part has here- 
 unto set hand. . and affixed seal. . the 
 
 day and year first above written. 
 
 [L.S.] 
 
 Attest : 
 
 SECURITY DEED UNDER 3306-3310, 6037. [Long Form.] 
 
 Georgia, County. 
 
 This indenture, made this the day of , 
 
 19. . . ., between , of the county of 
 
 State of , of the first part, and . . . ., , 
 
 of the county of State of , of the second part : 
 
 Witnesses, That the part. . of the first part, for and in con- 
 sideration of the sum of dollars, in hand paid 
 
 at and before the execution of these presents, the receipt whereof 
 is hereby acknowledged, ha .... granted, sold and conveyed,
 
 DEEDS 417 
 
 and do. ... by these presents, grant, sell and convey unto the 
 
 said part. . of the second part, heirs, administrators, 
 
 executors and assigns, the following property, to wit : 
 
 To have and to hold said bargained property, together with 
 all and singular the rights, members and appurtenances to the 
 same belonging or in any way appertaining to the only proper 
 use, benefit and behoof of the said part. . of the second part, 
 
 heirs, administrators, executors, and assigns forever. 
 
 And the said part. . of the first part, for and 
 
 heirs, executors, and administrators, will warrant 
 
 and forever defend the right and title of the above described 
 
 property unto the said part. . of the second part, heirs, 
 
 executors, administrators, and assigns, against the claims of all 
 persons whomsoever. 
 
 Nevertheless, the object of this conveyance is to secure, 'in 
 conformity to sections 3306-3310 and section 6037 of the Georgia 
 
 Civil Code, a debt of dollars, owing by the 
 
 part. . of the first part to the part. . of the second part, and 
 
 evidenced by a certain promissory note, dated on the day 
 
 of , 19 . . . . , and due as follows, to wit : 
 
 bearing per cent, interest from 
 
 and conditioned to pay all costs of collection, including ten per 
 
 cent, attorney's fees ; to which said note is annexed 
 
 coupons for semi-annual interest, numbered from No. 
 
 to No 
 
 Now, if said part. . of the first part shall pay the coupons 
 aforesaid, at the date when they respectively fall due, and shall 
 also pay the note aforesaid at maturity, according to the tenor 
 thereof, then the part. . of the second part shall reconvey said 
 property according to the bond for title back, given contempora- 
 neously herewith, or deliver up this deed for cancellation, at the 
 option of the part. . of the first part. Said part. . of the first 
 part hereby agrees that if the aforesaid debt is not promptly 
 paid at maturity, according to the tenor of said note . . . , or if 
 the interest installments, represented by the coupons annexed 
 thereto, are not promptly paid as they may mature (time being 
 hereby expressly made of the essence of this contract), that said 
 
 part. . of the second part, agent or legal representative, 
 
 may, and by these presents is authorized to sell at public outcry 
 before the court-house door in the county of to
 
 418 DEEDS 
 
 the highest bidder, for cash, all of said property to pay said 
 principal debt, with interest thereon to date of sale; and the 
 expenses of the proceeding, including attorney's fees of ten per 
 cent, if incurred, on the amount of principal and interest due, 
 after advertising the time, place, and terms of sale in the public 
 gazette in which the advertisements of the sheriif are published 
 
 in said county of once a week for four weeks, 
 
 without regard to the number of days prior to said day of sale. 
 The part. . of the first part also agrees to repay any amount 
 for taxes, insurance, and repairs which the part . . of the second 
 part shall be compelled to pay. An interest in said property 
 being coupled with said power of sale, the same shall be irre- 
 vocable by the death of either party. Said part . . of the second 
 
 part, agent or legal representative, may bid at said 
 
 sale, and may make to the purchaser or purchasers of said 
 property fee simple titles to the same, thereby divesting out of 
 
 said part . . of the first part all right and equity that 
 
 may have in and to said property, and vesting the same in the 
 purchaser or purchasers thereof. Said part. . of the second 
 
 part, agent or legal representative, are authorized to 
 
 put the purchaser or purchasers summarily in possession, said 
 part. . of the first part hereby covenanting to surrender same 
 without hindrance of any kind. It is agreed the remedy herein 
 provided for is cumulative of other remedies provided by law. 
 The proceeds of said sale shall be applied, first, to the pay- 
 ment of said debt and interest, the expenses attending said sale, 
 including attorney's fees as aforesaid, and such taxes, insurance, 
 or repairs upon the said property as may be paid by the said 
 part. . of the second part, and the balance, if any, to be paid 
 to the said part. . of the first part. 
 
 In witness whereof, the part. . of the first part ha. . . here- 
 unto set hand . . and seal . . the day and year first 
 
 above written. 
 
 , [L.S.] 
 
 [L. S.] 
 
 [L.S.] 
 
 Signed, sealed and delivered in presence of 
 
 Georgia, County. 
 
 The note secured by this deed having been paid according to 
 the tenor thereof, the clerk of the Superior Court of said county
 
 DEEDS 419 
 
 is authorized and directed to cancel said deed on the records in 
 his office. 
 
 This. day of , 19 
 
 DEED TO SECURE A DEBT. 
 
 FROM 
 
 TO 
 
 STATE OF GEORGIA, 
 
 County. 
 
 CLERK S OFFICE, SUPERIOR COURT. 
 
 Filed for record at. .o'clock. .M., 
 
 , 19 .... Recorded in 
 
 book folio , 
 
 of , 19 
 
 , Clerk. 
 
 BOND TO RECONVEY. 
 
 Georgia, County. 
 
 Know all men by these presents, That. , of 
 
 the county of , State of , part. . of 
 
 the first part, held and firmly bound unto 
 
 of the county of , State of , party of 
 
 the second part, heirs, executors, administrators, and 
 
 assigns, in the sum of dollars, subject to the 
 
 following conditions : 
 
 The condition of the above obligation is as follows : 
 Whereas, the said part. . of the second part ha. . this day 
 made and delivered to the undersigned, a certain promissory
 
 420 DEEDS 
 
 note for the sum of dollars, dated on the 
 
 day of , 19 . . . . , with coupons 
 
 for semi-annual installments of interest thereto annexed ; which 
 said note and interest coupons is secured by a deed of even date 
 
 herewith made by said part. . of the second part to said 
 
 part. . of the first part, to certain land described 
 
 in said deed. 
 
 Now, should the said part. . of the first part well and truly 
 pay said promissory note, and interest coupons annexed thereto, 
 according to the tenor and effect thereof, and in pursuance of 
 the agreements evidenced by said security deed, the part. . of 
 the first part binds himself, his heirs, administrators and assigns, 
 to make, or cause to be made, to said part . . of the second part, 
 good and sufficient titles back, to said part . . of the second part, 
 in fee simple, to all that tract or parcel of land 
 
 containing acres of land, with all the rights, mem- 
 bers and appurtenances, to said property, in anywise appertain- 
 ing or belonging. 
 
 The deed above referred to and this bond being executed with 
 reference to each other, and to conform with sections 3306-3319 
 and 6037 of the Civil Code, and the Acts of the Legislature 
 amendatory thereto, or otherwise enforced as expressed in said 
 deed. The conditions upon which the reconveyance is to be 
 made being as follows : 
 
 1. That the said part . .of the second part shall pay the 
 interest as stipulated in said note ; and if not so paid when due, 
 shall pay interest on the unpaid interest from the time it be- 
 comes due until paid, at the rate of per cent, per annum. 
 
 2. That the said part. . of the second part shall pay all 
 taxes and assessments levied upon the property hereinbefore 
 described, before the same shall become delinquent; and if not 
 so paid, the said part. . of the first part may, without notice, 
 declare the principal and interest of said note due and collecti- 
 ble at once, and may proceed to collect the same, or may elect 
 to pay such taxes or assessments and collect the amount of the 
 same from said part. . of the second part, with interest at the 
 
 rate of per cent, per annum from the time of payment, 
 
 and that the amount so paid by said part. . of the first part, 
 shall become a part of the indebtedness of said part. . of the 
 second part and secured by the said deed.
 
 DEEDS 421 
 
 3. That the said part. . of the second part shall keep all 
 buildings, fences and other improvements on said real estate in 
 as good order and condition as the same are in at this date, and 
 shall permit no waste ; and further, shall at the expense of said 
 part. . of the second part, until the indebtedness herein recited 
 is fully paid off, keep buildings now erected or in process of 
 erection, or hereafter to be erected, on said lands, insured in 
 
 the amount of dollars, in some responsible 
 
 insurance company, acceptable to said part . . of the first part, 
 
 with loss, if any, payable to said part. . of the first part, 
 
 heirs, representatives or assigns, and in the event of failure so 
 to insure or so to keep insured, said part. . of the first may 
 procure insurance and collect the cost thereof from said part. . 
 of the second part, and the amount so paid shall become a part 
 of the indebtedness of said part. . of the second part secured 
 by said deed. 
 
 4. That said part. . of the second part, upon failure either 
 to pay the principal debt herein named or interest thereon when 
 said principal or interest shall become due, or to conform to or 
 comply with any of the agreements or conditions above recited, 
 hereby gives the right to said part. . of the first part to imme- 
 diately proceed without notice to said part. . of the second part, 
 or to any other party, to enforce the collection of the full amount 
 of the said debt and interest and all costs of collections including 
 an amount for attorney's fees equal to ten per cent, of the prin- 
 cipal and interest of the debt then due ; and that the property 
 hereinbefore described shall stand as security therefor. Time 
 is of the essence of this contract. 
 
 In witness whereof, The said part. . of the first part has 
 
 hereunto set hand . . and affixed , . seal . . the 
 
 day and year first above written. 
 
 [L. S.] 
 
 [L. S.] 
 
 Attest : 
 
 (NOTE. This bond, if executed with the formality of a deed may be 
 recorded, and when recorded it operates as notice of the equities of the 
 holders thereof from the date of the filing. When surrendered or 
 satisfied it may be cancelled of record in the same manner that the 
 cancellation of mortgages and deeds to secure debts are now entered 
 of record. Code, 4213-4215.)
 
 422 DEEDS 
 
 Criterion by which deed to secure debt is distinguished from statutory 
 mortgage is that one passes title and other does not; though in- 
 strument purports to convey property to grantee, yet if it describes 
 debt, and there is no defeasance clause, it is mortgage and not 
 deed. 13 App. 419 (79 S. E. 225); 17 App. 666 (2) (87 S. E. 1100). 
 
 FORM. No particular form is necessary, if words used indicate inten- 
 tion to convey. 32/170 (4). 
 
 PETITION TO ESTABLISH LOST DEED. 4191. 
 
 Georgia, County. 
 
 To the Superior Court of said County : 
 
 brings his petition against , 
 
 and alleges the following facts : 
 
 1. The said , the defendant herein, is a 
 
 resident of said county. 
 
 2. Your petitioner is the owner of a certain warranty deed 
 now lost or destroyed, conveying to petitioner a fee simple title 
 to certain land therein described, situate in said county, of 
 which said deed the said defendant is the maker. 
 
 (a) A substantial copy of said deed as near as petitioner 
 can recollect is hereto attached duly sworn to, and made a part 
 of this petition. 
 
 Petitioner prays that the clerk of this court issue a rule nisi 
 calling upon said defendant to show cause, if any he has, why 
 the copy deed aforesaid should not be established in lieu of said 
 lost or destroyed original. 
 
 Petitioner's Attorney. 
 
 OATH TO COPY OF LOST DEED. 
 
 Georgia, County. 
 
 Personally comes , who on oath says that 
 
 the foregoing is a true and correct copy, in substance, as near 
 as he can recollect, of the deed lost or destroyed. 
 
 Sworn to and subscribed before me, this 
 ..day of , 19 
 
 (Copy of lost deed must be established by the Superior Court of the 
 county where the land lies, 4191.)
 
 DEEDS 423 
 
 RULE NISI. 5314. 
 
 Georgia, County. 
 
 In the Superior Court of said County. 
 To : 
 
 , having presented to the clerk of said court 
 
 his petition seeking the establishment of a deed said to be lost 
 or destroyed, whereof he alleges that you are the maker, annex- 
 ing to his petition a sworn copy thereof, a copy of which said 
 copy is hereto attached : 
 
 Therefore, you are hereby called upon to show cause, if any 
 you have, at the Superior Court to be held in and for said county 
 
 on the day of , 19 . . . . , why the copy sworn 
 
 to should not be established in lieu of said lost or destroyed 
 
 original. Witness the Honorable , judge of 
 
 said court, this day of , 19. ... 
 
 , Clerk. 
 
 RULE ABSOLUTE. 5316. 
 
 ' I Superior Court, 
 
 Term, 19.... 
 
 The above stated petition coming on regularly to be heard, 
 and a rule nisi having been duly served, as provided by law, 
 and no good and sufficient cause being shown why a rule absolute 
 should not be granted, it is ordered, that the copy deed attached 
 to said petition be and the same is hereby established in lieu of 
 the lost or destroyed original. Let the clerk of this court furnish 
 the established copy to petitioner with a certified indorsement 
 thereon of the day and term when this rule absolute was granted, 
 provided all costs of this proceeding be paid. 
 
 This day of , 19 
 
 J. S. C.. ..C.
 
 424 DEFAULTS 
 
 DEFAULTS. 
 
 AFFIDAVIT ON APPLICATION TO OPEN. 5656. 
 
 (State the case.) 
 
 Georgia, County. 
 
 And now comes , defendant, and on oath 
 
 says that a judgment by default was rendered against him in 
 
 the above stated case, at the term, 19. . . ., thereof; 
 
 and now within thirty days after the entry of said default the 
 said defendant, offering to pay the costs in said case, moves the 
 court to set aside such judgment, because he says that he had a 
 meritorious defense, to wit: (state in what the defense consists), 
 
 and the said offers to plead instanter, and 
 
 announces ready to proceed with the trial. 
 
 Wherefore the said moves the court to set 
 
 aside said judgment of default, and allow him to plead to the 
 action. 
 
 Defendant. 
 
 Sworn to and subscribed before me, this 
 ..... .day of , 19 
 
 (Official designation.) 
 
 FORM OF JUDGMENT ON OPENING DEFAULT. 
 
 Superior Court 
 
 Term, 19 
 
 The above motion coming on for a hearing, and after con- 
 sidering the showing made, it is ordered and allowed that the 
 said default be, and the same is, hereby opened upon the condi- 
 tion that the movant pay the costs that have accrued up to this 
 time in said case, and he is further allowed to demur, plead, 
 answer, or any one of these, at this time. 
 
 This day of ,19 
 
 Judge of Superior Court, 
 
 Amendment. Judgment by default may be amended so as to conform to 
 pleadings even after execution has been issued and property sold 
 thereunder. 131/590 (62 S. E. 1040); 112/114 (37 S. E. 119); 16 
 App. 466, 468 (85 S. E. 679).
 
 DEPOSITIONS DISPOSSESSOBY WARRANT 425 
 
 Facts. Before motion to set aside judgment can be considered, must 
 appear that there was good and meritorious defense, not merely by 
 so alleging, but by setting forth fully facts which constitute pro- 
 posed defense, except where judgment is absolutely void. 16 App. 
 448 (85 S. E. 613). 
 
 DEPOSITIONS. 
 
 (See Interrogatories and Depositions, post.) 
 
 DISPOSSESSORY WARRANT. 5385-5389. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 In person before me . ., a justice of the peace 
 
 of .district, G. M., came , agent 
 
 for , who on oath says that is 
 
 in possession, as tenant, of a house and premises situate (de- 
 scribe house and lot) in said State and county, the property 
 
 of , for whom deponent is the duly constituted 
 
 agent ; that the said tenant fails to pay rent now due on said 
 house and premises [or that said tenant is holding said house 
 and premises over and beyond the term for which the same were 
 rented or leased to him] ; that the said owner desires, and has 
 demanded, possession of said house and premises, and the same 
 has been refused by the said 
 
 And deponent makes this affidavit that a warrant may issue 
 
 for the removal of the said from said house 
 
 and premises. 
 
 Sworn to and subscribed before me, this 
 ...... day of ....... ........ , 19 ____ 
 
 Georgia, ............ County. 
 
 To the Sheriff, his Deputy, or Lawful Constable of said County, 
 
 Greeting : 
 ., .............. having made affidavit that .............. 
 
 is in possession, as a tenant, of a house and premises, located
 
 426 DTSPOSSESSORY WARRANT 
 
 at , in said State and county, the property 
 
 of , and fails to pay the rent due on said house 
 
 and premises [or that said tenant is holding said house and 
 premises over and beyond the term for which the same were 
 rented or leased to him] : 
 
 This is, therefore, to command and require you to deliver to 
 
 the said , or his representative, full and quiet 
 
 possession of said house and premises described in said affidavit 
 
 hereto attached, removing the said with his 
 
 property found thereon, away from the same. 
 
 This the day of , 19 
 
 COUNTER AFFIDAVIT. 5387. 
 
 Georgia, County. 
 
 Personally comes , who on oath declares 
 
 with reference to the eviction affidavit of , 
 
 this day exhibited to him, that his term of rent has not expired, 
 and that he is not holding possession over and beyond his term 
 [or, "that the rent claimed is not due," or "that he does not 
 
 hold the premises from the said nor from any 
 
 one under whom said claims, either as alleged 
 
 in said affidavit or otherwise."] This the day 
 
 of ,.-,19 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , J- P. 
 
 BOND. 5387. 
 
 We, , principal, and , 
 
 security, acknowledge ourselves jointly and severally bound to 
 , subject to the following conditions : 
 
 Whereas, has made affidavit pursuant to 
 
 5385 of Civil Code to evict said from certain 
 
 real estate in said county described as follows: [follow descrip- 
 tion in warrant], and said has filed his counter- 
 affidavit in terms of the law, 
 
 Now should the said pay to the said 
 
 4 . . . such sum, with costs, as may be recovered
 
 DISPOSSESSORY WARRANT 427 
 
 against him on the trial of the case, then this bond to be void, 
 
 otherwise of force and effect. 
 
 Witness our hands and seals this day of , 
 
 19.... 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 VERDICT. 
 
 We, the jury, find for , the plaintiff, against 
 
 , the defendant, the possession of the premises, 
 
 together with the sum of dollars, rent and costs 
 
 dollars. 
 
 This day of , 19 
 
 , Foreman. 
 
 JUDGMENT. 
 
 Whereupon it is considered, ordered and adjudged by the 
 court that the possession of the premises in dispute, to wit 
 
 [describing them], be awarded to , the plaintiff, 
 
 and that the clerk of this court do issue a writ of possession 
 accordingly. Ordered further that plaintiff do recover of de- 
 fondant dollars, principal, and. . . . 
 
 dollars costs. This day of , 19. ... 
 
 Plaintiff's Attorney. 
 
 WRIT OF POSSESSION. 5389. 
 
 Georgia, County. 
 
 To the Sheriff of said County: 
 
 Whereas, an issue was lately tried in this court between 
 
 , plaintiff, and , defendant, 
 
 upon an issue made by affidavit of plaintiff pursuant to 5385 
 of the Civil Code to evict defendant from certain premises 
 situate in said county, described as follows: [describe them as 
 in the judgment] ; 
 
 Whereto defendant filed his counter-affidavit ; and 
 
 Whereas said issue was determined against said :
 
 428 , DISTRESS WARRANT 
 
 Now, therefore, you are hereby commanded to place the said 
 plaintiff in full possession of said premises ; and further, of the 
 
 goods and chattels, lands and tenements of the said , 
 
 principal, and , , security, to make the sum of 
 
 dollars, principal, with interest thereon from 
 
 the day of , 19. . . ., and 
 
 dollars costs. 
 
 And you will make return hereof at the next term of this 
 court. 
 
 Witness the honorable , judge of said court, 
 
 this day of , 19. ... 
 
 , Clerk. 
 
 Affidavit need not specify amount of rent unpaid. 84/561 (3) (10 S. E. 
 1084). Affidavit must be made before judge of superior court or 
 justice of peace. 123/455 (51 S. E. 381). 
 
 Agent of landlord may make affidavit. 117/1007 (44 S. E. 846). No 
 law authorizing attorney at law or in fact to execute affidavit in 
 name of owner, purporting to be made and signed by such owner. 
 142/200 (2) (82 S. E. 563). 
 
 Arrest of proceedings can be had by tenant filing counter-affidavit and 
 bond, under Code, 5387. 143/402 (1) (85 S. E. 122). 
 
 Description should be sufficient to enable sheriff to identify land. 
 111/807 (1) (35 S. E. 650). 
 
 Oath. Necessary that owner, his agent, or attorney at law, or attor- 
 ney in fact shall make oath. 142/200 (1) (82 S. E 1 . 563). If 
 affiant, at time of tendering affidavit, uses language showing that 
 he consciously takes upon himself obligation of an oath, and officer 
 so understands, and immediately signs jurat, this will constitute 
 legal swearing. 132/360 (8) (64 S. E. 275). 
 
 DISTRESS WARRANT. 3340-3342, 5390-5394. 
 
 AFFIDAVIT. 5390. 
 
 Georgia, County. 
 
 Personally came before me , who, on oath, 
 
 says that , of said county, is justly indebted 
 
 to him in the sum of dollars and cents, 
 
 for the rent of in the 
 
 and that the said rent is now due and unpaid. 
 
 Sworn to and subscribed before me, this 
 day of , 19
 
 DISTRESS WARRANT 429 
 
 WARRANT. 
 
 Georgia, County. 
 
 To the Sheriff or his Lawful Deputy, or any Constable of said 
 County : 
 
 having made oath before me that 
 
 of said county is justly indebted to him in 
 
 the sum of. . dollars and cents, for rent 
 
 of and that 
 
 the said rent is now due and unpaid. 
 
 These are therefore to command you to levy on and sell a 
 sufficiency of the estate, both real and personal, of the said 
 
 ......... .to make the sum of dollars. 
 
 and cents, and all costs on this warrant; and have the 
 
 said sums and also this warrant before me at the next 
 
 court to be held in and for the on the day 
 
 of next, to render to the said 
 
 the money due thereon. 
 
 Signed with my hand and official signature, this day 
 
 of , 19 
 
 , ,J.P. 
 
 LEVY. 
 
 Georgia, . County. 
 
 Under and by virtue of the within distress warrant, I have 
 
 this day levied on the following described property , 
 
 levied on as the property of defendant to 
 
 satisfy the said warrant and costs 
 
 This day of ,19 
 
 Sheriff. 
 
 COUNTER-AFFIDAVIT. 5391. 
 
 Georgia, County. 
 
 Before the undersigned, for said county, 
 
 personally appeared , defendant in a certain 
 
 distress warrant for dollars, lately issued by said
 
 430 DISTRESS WARRANT 
 
 judicial officer in favor of , and on oath says 
 
 that the sum distrained for is not due. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 BOND. 5391. 
 
 Georgia, County. 
 
 We, , principal, and , 
 
 security, acknowledge ourselves jointly and severally bound to 
 
 in the sum of dollars, subject 
 
 to the following conditions : 
 
 Whereas, the said has sued out against the 
 
 said before , the justice of the 
 
 peace for the G. M. district, said county, a distress 
 
 warrant for dollars, which has been duly levied 
 
 upon certain property of defendant, to wit: [describe the goods.] 
 
 And whereas the said .has made oath, 
 
 according to law, that the sum distrained for is not due ; 
 
 Now should the said pay the eventual 
 
 condemnation money, and all costs, then this bond to be void, 
 otherwise to be of force. 
 
 Witness our hand and seals this. . . day of , 19 .... 
 
 , Principal [L. S.] 
 
 Security [L. S.] 
 
 Subscribed in the presence of, and approved 
 
 by me, this day of , 19 .... 
 
 ,J.P. 
 
 Affidavit by person other than one seeking warrant, his agent or attor- 
 ney, is mere nullity. 14 App. 152 (1) (80 S. E. 509). Affidavit is 
 unlawful where justice signed the jurat, but no oath was in fact 
 taken or administered. 130/74 (60 S. EL 180). Jurat not attached 
 to affidavit is amendable, and warrant is not thereby rendered void, 
 when it appears oath was taken before warrant issued. 106/73 
 (31 S. E. 806). 
 
 Amendment. Distress warrant is amendable, but amendment must not 
 set up new cause of action. 14 App. 63 (60 S. E. 805). Where 
 want of jurisdiction appeared on face of warrant and there was no 
 offer to amend to confer jurisdiction, demurrer should have been 
 sustained, though filing of counter-affidavit made distress warrant 
 mesne process. 17 App. 562 (1) (87 S. E. 848).
 
 DIVORCE DOWER 431 
 
 Attorney should swear positively to the amount claimed. 66/174 (3). 
 Descriptio personae. Distress warrant in favor of "C. as agent of F." is 
 
 fatally defective, the words, "as agent of F." being mere words of 
 
 description. 110/259 (34 S. E. 330); 115/304 (1) (41 S. E. 620); 
 
 122/423 (1) (50 S. E. 119). 
 Replevy bond must cover whole condemnation-money. 84/52 (3) (10 
 
 S. E. 541). 
 Set-off. Plea of set-off, alleging against plaintiff in warrant items of 
 
 indebtedness apparently independent of rent contract, and not 
 
 alleged to be connected with it, is not allowable. 143/181 (84 S. E. 
 
 438); 125/319 (54 S. E'. 177). 
 
 DIVORCE. 2944-2991. 
 (See Husband and Wife, post.) 
 
 DOWER. 5247-5204. 
 
 NOTICE TO ADMINISTRATOR OF INTENTION TO APPLY FOR 
 DOWER. 5259. 
 
 Georgia, County. 
 
 To , permanent administrator of the estate 
 
 of , late of said county, deceased : 
 
 You are hereby notified that I, as the widow of , 
 
 deceased, will on the day of , 19. . . ., make 
 
 application to the Honorable , Judge of the 
 
 Superior Court of said county, for the assignment of dower and 
 for the appointment of commissioners to assign me dower in the 
 lands and tenements of which my late husband died seized and 
 possessed. 
 
 This day of. , 19.... 
 
 (NOTE: This notice should be served personally, and if there is 
 more than one administrator, it should be served personally upon all.) 
 
 APPLICATION FOR DOWER. 5257. 
 
 Georgia, County. 
 
 To the Superior Court of Said County, and to Honorable 
 , Judge Thereof:
 
 432 DOWER 
 
 The petition of , of said county, shows to 
 
 the court the following facts : 
 
 1. That she is the widow of , late of said 
 
 county, deceased, who died on the day of , 
 
 19. . . . , more than three months heretofore. 
 
 2. That her said husband at the time of his death was seized 
 
 and possessed of lots of land, Numbers , and , 
 
 in the district and section of said county, 
 
 each lot containing forty (40) acres, more or less. 
 
 3. That on the day of , 19 , 
 
 petitioner served , permanent administrator 
 
 of the estate of , deceased, her late husband, 
 
 with a notice in writing of her intention to apply to your Honor 
 on this date for the assignment of dower and the appointment 
 of commissioners to lay off and admeasure the same, a copy of 
 which said notice is hereto attached. 
 
 Wherefore, petitioner prays that her dower be assigned, and 
 the appointment of five commissioners to lay off and admeasure 
 said dower, and also the proper writ issue in the premises. 
 
 This day of , 19 
 
 APPLICATION BY WIDOW WHO Is ADMINISTRATRIX. 
 
 Georgia, County. 
 
 To the Superior Court of Said County and , 
 
 Judge Thereof: 
 
 The petition of .shows to the court the 
 
 following facts: 
 
 1st. That she is the widow of , who died 
 
 in said county on or about the day of , 19 . . . . , 
 
 more than three months before the filing of this application; 
 
 that at the time of his death the said was seized 
 
 and possessed of the following lands and tenements in said 
 
 county, to wit : the lots of land, Numbers 
 
 in the district, and section of 
 
 county, each lot containing 40 acres, more or less. 
 
 2nd. That petitioner is the administratrix of the said. . . . 
 
 , and that he left as his heirs at law, , 
 
 , and , each of whom is resident of said 
 
 county of , and also and ,
 
 DOWER 433 
 
 who are non-residents of the State of Georgia, but who are 
 residents of the State of 
 
 3rd. That for tAvo months previous to this time petitioner 
 
 published in the . ., notice of her intention to apply 
 
 on this date for dower, said notice being addressed to the said 
 
 and , non-residents, a copy of which 
 
 said notice is hereto attached and marked "Exhibit A," and 
 
 also served each of the other heirs at law, to wit : , 
 
 . and , personally with a notice of 
 
 her intention to apply on this date for the assignment of dower 
 as herein prayed, a copy of which said notice is hereto attached, 
 marked "Exhibit B." 
 
 Wherefore, petitioner prays that her dower be assigned, and 
 that five commissioners be appointed to lay off and admeasure 
 said dower, and also the proper writ issue in the premises. 
 This , 19 
 
 COPY OF NOTICE TO NON-RESIDENT HEIRS. 
 
 Georgia, County. 
 
 and , heirs at law 
 
 of , late of said county, deceased, are hereby 
 
 notified that on the day of , 19 . . . . , I as 
 
 the widow of , late of said county, deceased, 
 
 will apply to the superior court of said county, for the assign- 
 ment of dower, and the appointment of commissioners to lay off 
 and admeasure the same, out of the lands and tenements of the 
 
 said , deceased, of which he died seized and 
 
 possessed, and of which estate I am the administratrix. 
 
 This.. . 19.. 
 
 ORDER OF JUDGE APPOINTING COMMISSIONERS. 5257. 
 
 Office of Judge of the Superior Court. 
 
 , Georgia, , 19 .... 
 
 The application of . , as the widow of 
 
 , late of said county, deceased, for the 
 
 assignment of dower and the appointment of commissioners to 
 lay off and admeasure the same, having been presented to me 
 this day, and there being no objection filed thereto, it is ordered
 
 434 DOWEK 
 
 that , , ., , 
 
 and , fit and discreet freeholders of 
 
 county, be and they are hereby appointed commissioners to act 
 in the premises. Let the clerk of this court issue a writ for that 
 purpose directing said freeholders or a majority of them, to 
 enter upon said lands and tenements, and to admeasure, lay off 
 and assign the dower to which the applicant is entitled by law 
 in such lands. 
 
 This day of , 19 
 
 Judge of the Superior Court. 
 
 WRIT OF ADMEASUREMENT OF DOWER. 5257. 
 
 5 5 '' ' ) 
 
 Office of Clerk of Superior Court. 
 
 , Georgia, ., 19. . 
 
 To 
 
 and , Greeting : 
 
 On the day of , 19 . . . . , you and each 
 
 of you were appointed by the Honorable. . , 
 
 judge of the superior court of said county, as fit and discreet 
 
 freeholders to lay off and admeasure the dower of 
 
 in the estate of , late of said county, deceased, 
 
 and the said order having been made in pursuance of the appli- 
 cation of the said as the widow of the said 
 
 , deceased, to have dower assigned to her out 
 
 of the following described lands, situated and' located in said 
 
 county, of which the said., died seized and 
 
 possessed, to wit: (describe lands). 
 
 Now, therefore, by virtue of said order, you, or a majority 
 of you, are hereby directed to enter upon said lands and tene- 
 ments and to admeasure and lay off as you may think proper, 
 
 just and equitable, and assign to said , the 
 
 dower to which she is entitled by law in such lands, to wit: 
 One-third part thereof, having regard always to the shape, 
 quantity and valuation of the same. 
 
 And finally you are required to make return of your pro- 
 ceedings herein to the next term of the Superior Court of said 
 county. 
 
 Witness the Honorable , Judge of said 
 
 court, this the day of , 19 .... 
 
 Clerk of the Superior Court.
 
 DOWER 435 
 
 OATH OF COMMISSIONERS. 5260. 
 
 Georgia, County. 
 
 Before me, the undersigned attesting officer, personally came 
 
 > > _ j -. 
 
 and , each of whom, being duly sworn, on oath 
 
 says that he has been appointed by the Honorable , 
 
 Judge of the superior court, as one of the commissioners to lay 
 
 off and admeasure the dower of in the estate 
 
 of , late of said county, deceased, and each 
 
 one on oath says that "I do solemnly swear that I will duly and 
 impartially execute the law r s, to the best of my understanding. 
 So help me God." 
 
 Commissioners. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 J. P. 
 
 RETURN OF COMMISSIONERS. 5261. 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 We, the undersigned, commissioners appointed by the Hon- 
 orable , Judge of the Superior Court, to lay 
 
 off and admeasure the dower of , widow 
 
 of , late of said county, deceased, in the 
 
 property of which he died seized and possessed, after having 
 been duly sworn according to law, entered upon the said lands 
 described in said writ, with the county surveyor of said county, 
 whom we called to our aid and assistance, and we did on the 
 
 day of , 19 . . . . , survey, admeasure, lay 
 
 off and assign to what we considered, having 
 
 due regard for the quantity, shape and valuation, to be one-third 
 of said lands, to wit, (describe land), a plat of said lands having 
 
 been made by the said , county surveyor of 
 
 said county, and hereto attached as a part of this return. In
 
 436 DOWER 
 
 i ''.'." 
 
 this service, we spent one day, to wit, the. . . . day of , 
 
 19. . . ., and the county surveyor was also engaged with us one 
 day in the performance of this service and execution of this 
 writ This. . , 19. . 
 
 Commissioners. 
 
 ORDER MAKING RETURN OF COMMISSIONERS JUDGMENT OF 
 COURT. 5264. 
 
 Superior Court, 
 .Term, 19. ... 
 
 In the matter of the application 
 
 of for dower 
 
 in the estate of her husband, 
 
 , late of said 
 
 county, deceased, and the return 
 of the commissioners. 
 
 The return of the commissioners in the above named and 
 stated matter having been made to the court, and there being 
 no objection filed thereto, and the same having been considered, 
 it is ordered that the same be, and the same is hereby, made the 
 
 judgment of the court, and that the said have 
 
 a life estate in (describe land). Let the clerk of this court 
 issue the proper writ pursuant hereto, directing the sheriff to 
 put the said , in possession of said lands. 
 
 Judgment is hereby rendered against , as 
 
 administrator of the estate of , late of said 
 
 county, deceased, to be levied of the lands and tenements of 
 
 , late of said county, deceased, in the hands 
 
 of the said , administrator, to be administered, 
 
 the sum of two ($2.00) dollars per day for each of the said 
 commissioners, and also the further sum of five ($5.00) dollars 
 
 for . ; ; county surveyor, for his services in said 
 
 matter. This , 19 .... 
 
 Judge of the Superior Court.
 
 DOWER 437 
 
 WBIT OF POSSESSION FOE DOWER LANDS. 5264. 
 
 Georgia, County. 
 
 To the Sheriff of Said County or his Lawful Deputy : 
 
 In pursuance of the judgment of the superior court of said 
 
 county, rendered on , 19 . . . . , and during 
 
 the regular term thereof, on the application of 
 
 , widow of the late , of said 
 
 county, deceased, for her dower interest in his estate, you are 
 
 hereby commanded forthwith, to put the said 
 
 in possession of (describe the land), which said lands were set 
 apart by judgment of the superior court, as the dower interest 
 
 of the said in the lands and tenements of 
 
 which , late of said county, died seized and 
 
 possessed. 
 
 You will make proper returns of your acts and doings in the 
 
 premises as soon as this writ is executed. This , 
 
 19 
 
 Clerk of the Superior Court. 
 
 RETURN OF THE SHERIFF. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 In obedience to the writ directed to me, or my lawful deputy, 
 
 1 have this day put in possession of (describe 
 
 the land), as directed by the judgment and the writ issued 
 thereon from Superior Court. This , 19. .. 
 
 Sheriff. 
 
 CAVEAT AND OBJECTIONS TO RETURN OF COMMISSIONERS. 
 
 5262. 
 
 Superior Court 
 
 Term, 19 
 
 In the matter of the return of the commissioners on the applica- 
 tion of , as the widow of , 
 
 late of said county, deceased. 
 
 Now come and , heirs at 
 
 law of , deceased, and traverse the return of
 
 438 EJECTMENT 
 
 the commissioners appointed by this Honorable Court to lay 
 
 off and admeasure the dower interests of in 
 
 the estate of , and say that said return is not 
 
 true in the following respects, to wit: 
 
 It is not true that the said lands laid off as dower are not 
 more than one-third in valuation of the lands and tenements 
 
 of the said. . . . . . . ., deceased, of which he died seized 
 
 and possessed, for the reason that (set out the reason), and 
 these traversers say that said return is unjust and inequitable 
 and is not fair to these traversers, who are heirs at law of the 
 
 said And all this these traversers stand 
 
 ready to prove and verify. 
 
 or 
 
 Attorney for and ,. . 
 
 Now comes and joins issue upon the facts 
 
 set out in the traverse of and . . .* , 
 
 and says that the same are not true. 
 
 EJECTMENT. 5574-5590. 
 
 COMPLAINT FOR LAND AND MESNE PROFITS. 5575-5580. 
 
 Georgia, County. 
 
 To the Superior Court of Said County. 
 
 The petition of against , 
 
 as defendant, alleges: 
 
 1st. That the defendant, , is a resident of 
 
 said county. 
 
 2nd. That the defendant is in possession of lot, of land, 
 
 No in district and section of 
 
 said county, to which your petitioner claims title. 
 
 3rd. That the said defendant has received the profits of 
 
 said land since the day of ". ., 19. . . ., of the 
 
 yearly value of $ 
 
 4th. The said defendant refuses to deliver to plaintiff the 
 possession of said land or to pay him the yearly profits thereof.
 
 EJECTMENT 439 
 
 5th. Plaintiff annexes hereto an abstract of his title under 
 which he claims such land. 
 
 Wherefore, plaintiff prays process may issue requiring the 
 defendant to be and appear at the next term of the Superior 
 Court of said county to answer your petitioner's complaint. 
 
 Petitioner's Attorney. 
 
 To this petition, attach an abstract of title relied on by the 
 plaintiff. 
 
 (NOTE: The above form is the short form of an action to recover 
 realty as set forth in the Code of 1882-3, except that it is paragraphed. 
 The Supreme Court in the case of Dugas vs. Hammond, 130 Georgia, 
 87, has decided by a majority decision of that Court that this form 
 was not repealed by the Neal Act or by the fact that it was left out of 
 the Codes of 1895 and 1910. The better plan is to frame the petition 
 under the Neal Act, set out exactly what the plaintiff claims in short 
 paragraphs, the title he relies on, and in this way resolve the case into 
 as few issues as possible.) 
 
 DISCLAIMER OF TITLE. 
 
 (State the case.) 
 
 And now conies the defendant in the ejectment suit above 
 stated, at this the first term of the court, and disclaims any 
 claim or title, or right of possession in or to the premises in 
 dispute. 
 
 This day of ,19 
 
 Defendant. 
 
 PETITION IN ACTION OF EJECTMENT. 
 (Common Law Form.) 
 
 Georgia, County. 
 
 To the Honorable the Superior Court of said County : 
 
 The petition of John Doe respectfully shows that Richard 
 Roe, of said county, has injured and damaged your petitioner 
 
 dollars. For that the said Richard Roe, with 
 
 force and arms, entered into a certain tract or parcel of land of 
 your petitioner, with the appurtenances, situate, lying and being 
 in the. .
 
 440 EJECTMENT 
 
 and known and distinguished in the plan of said 
 
 by number , containing , 
 
 which. . had demised to your petitioner for a 
 
 term which is not yet expired, and ejected him, your petitioner, 
 from his said tract or parcel of land, with the appurtenances. 
 
 And also, that the said Richard Roe, with force and arms, 
 entered into a certain other tract or parcel of land of your 
 petitioner, with the appurtenances, situate, lying and being in 
 
 the aforesaid, and known and distinguished 
 
 in the plan of said by number , 
 
 containing which had demised to 
 
 your petitioner for a term which is not yet expired, and ejected 
 him from his said last mentioned farm and lot of land, with 
 the appurtenances. And other wrongs the said Richard Roe 
 then and there did, to the great damage of your petitioner, and 
 against the peace and dignity of this State. And thereupon 
 
 your petitioner, by his attorney, , complains 
 
 that, whereas, the said heretofore, to wit: on 
 
 the day of , in the year 19 . . . . , to wit : 
 
 In the and county aforesaid, had demised to your 
 
 petitioner the said tenements, with the appurtenances first above 
 mentioned, to have and to hold the same to your petitioner and 
 his assigns, from the day and year aforesaid, for and during 
 
 and unto the full end and term of .years from thence 
 
 next ensuing, and fully to be complete and ended. By virtue 
 of which said last mentioned demise your petitioner entered into 
 the tenements, with the appurtenances first above mentioned, 
 and became, and was thereof, possessed for said term, so to him 
 thereof granted as aforesaid, and your petitioner being so thereof 
 possessed, the said Richard Roe, afterwards, to wit: On the 
 
 day of , in the year aforesaid, to wit : In 
 
 the year nineteen hundred and , with force and 
 
 arms, etc., entered into the said tenements, with the appurte- 
 nances first above mentioned, in which your petitioner was inter- 
 ested in manner and for the term aforesaid, which is not yet 
 expired, and ejected him, your petitioner, from his said farm 
 and lot or part of land, with the appurtenances. 
 
 And also, that whereas the said on the 
 
 day of in the year 19 . . . . , in the 
 
 and aforesaid, had demised to your petitioner the 
 
 said tenements, with the appurtenances secondly above men- 
 tioned, to have and to hold the same to your petitioner and his 
 assigns, from the day and year last aforesaid, for and during
 
 EJECTMENT 
 
 and until the full end and term of fifty years from thence next 
 ensuing, and fully to be complete and ended. By virtue of 
 which said last mentioned demise, your petitioner entered into 
 the said tenements, with the appurtenances secondly above men- 
 tioned, and became, and was thereof, possessed for the last 
 mentioned term, so to him thereof granted as aforesaid. And 
 your petitioner being so thereof possessed, the said Richard Roe 
 
 afterwards, to wit: on the day of , the 
 
 year last aforesaid, with force of arms, etc.', entered into the 
 tenements, with the appurtenances secondly above mentioned, 
 in which your petitioner was so interested in manner and for 
 the term last aforesaid, which is not yet expired, and ejected 
 him, your petitioner, from his said farm and lot or tract of 
 land, with the appurtenances. And other wrongs the said 
 Richard Roe then and there did, to the great damage of your 
 petitioner, and against the peace and dignity of this State. 
 And, also, for the said Richard Roe hereupon, to wit: on the 
 
 said day of in the year nineteen 
 
 hundred and , with force and arms, broke and 
 
 entered into a certain farm of your petitioner, to wit : A certain 
 tract, or parcel of land with the appurtenances, situate, lying 
 
 and being in the and county aforesaid, and known 
 
 and distinguished in the plan of said by number 
 
 , containing acres, and ejected and 
 
 expelled, put out and removed your petitioner, from his posses- 
 sion and occupation thereof, and kept and continued him so 
 expelled and removed for a long space of time, to wit : From 
 the day and year last aforesaid hitherto, and still continues so 
 to do. And during all that time took and had and received to 
 the use of him, the said Richard Roe, all the issues and profits 
 of the said tenements, being of great yearly value, to wit: To 
 
 the yearly value of , and still continues so to 
 
 have and receive the same. Whereby your petitioner, during 
 all the time aforesaid, not only lost the issues and profits of 
 the said tenements, with the appurtenances, and is still losing 
 the same, but was and still is deprived of the use and means of 
 cultivating the same. And did necessarily lay out and expend, 
 and still continues to lay out and expend, divers large sums 
 of money, amounting in the whole to a large sum, to wit : The 
 
 sum of in about recovering possession of the 
 
 said tenements, with the appurtenances, to \\ it : In the county 
 aforesaid: And other wrongs the said Richard Roe then and 
 there did, to the great damage of your petitioner, and against
 
 442 EJECTMENT 
 
 the peace and dignity of this State. To the damage of your 
 petitioner dollars, as first aforesaid. Where- 
 upon your petitioner brings suit, and prays that process may 
 issue, requiring the said Richard Roe, personally or by attorney, 
 to be and appear at the next Superior Court to be held in and 
 
 for said county , . . then and there to answer your 
 
 petitioner in an act of ejectment, and for mesne profits. 
 
 Plaintiff's Attorney. 
 
 (NOTE: For another common law form in ejectment, see Cody vs. 
 Quarterman, 12 Ga. 386, 390.) 
 
 PROCESS. 
 
 Georgia, ,:. . . . County. 
 
 To the Sheriff of said County Greeting : 
 
 The defendant, Richard Roe, is hereby notified, personally 
 or by attorney, to be and appear at the next Superior Court to 
 
 be held in and for said county, on the Monday in 
 
 , 19. . . ., then and there to answer the plaintiff's 
 
 demand in an action of trespass and ejectment and for mesne 
 profits, as in default thereof the court will proceed as to justice 
 shall appertain. 
 
 Witness the honorable ., judge of said court, 
 
 this , 19 
 
 , Clerk. 
 
 NOTICE TO APPEAR. 
 
 To : 
 
 I am informed that you are in possession of, or claim title to, 
 the premises in the accompanying writ mentioned or some part 
 thereof; and I, being sued in this action as a casual ejector only, 
 and having no claim or title to the same, do advise you to appear 
 at the said term of said court, by some attorney of said court, 
 then and there by rule of said court to be made defendant in my 
 stead; otherwise I shall suffer judgment therein to be entered 
 against me by default, and you will be turned out of possession 
 
 ,19..., 
 
 Yours, etc., 
 
 RICHARD ROE.
 
 EJECTMENT 443 
 
 PLEA OF DEFENDANT. 
 
 demise of I Trespass and Ejectment and for 
 
 vg * f Mesne Profits. 
 .'...., Deft, J Term, 19.... 
 
 And the said defendant, by , his attorney, 
 
 comes and defends the force and injury, when, etc., and says, 
 that he is not guilty of the supposed trespass and ejectment, 
 above laid to his charge, in manner and form as the said 
 
 hath above thereof complained against him. 
 
 And of this the defendant puts himself upon the country, etc. 
 
 Defendant's Attorney. 
 
 VERDICT OF JURY. 
 
 We, the jury, find in favor of the plaintiff, the premises in 
 
 dispute. We further find the sum of . . . dollars for 
 
 mesne profits and the costs of suit. 
 
 This day of , 19 
 
 , Foreman. 
 
 JUDGMENT OF THE COURT. 
 
 Whereupon, it is considered by the court here, that the 
 plaintiff do recover against the defendant, lot of land number 
 
 in the district of county, 
 
 with its appurtenances, and that a writ of possession issue 
 therefor, in favor of the plaintiff. And it is further ordered, 
 that the plaintiff do recover against the defendant, the sum of 
 
 dollars for mesne profits, and the further 
 
 sum of dollars for his costs in this behalf laid 
 
 out and expended. Judgment signed this day 
 
 of ,19 
 
 Plaintiff's Attorney.
 
 444 EJECTMENT 
 
 WRIT OF POSSESSION. 
 
 on the 
 
 demise of 
 
 vs. 
 , Deft. 
 
 To the Sheriff of said County Greeting : 
 
 Whereas, the plaintiff has, lately in our Superior Court for 
 said county, by the judgment of said court, recovered of the 
 
 defendant lot of land number in the district 
 
 of said county, (with its appurtenances,) containing 
 
 acres, agreeably to original survey; which premises have been 
 held by defendant unjustly, and of which he has been convicted, 
 as appears to us of record. And for as much as it is adjudged 
 in said court, that the plaintiff have execution upon his said 
 judgment against the said defendant, according to the force, 
 .form and effect of his said recovery; therefore, we command 
 you, that without delay, you deliver to the plaintiff, full and 
 quiet possession of the said premises so recovered, with the 
 appurtenances. 
 
 We also command you, that of the goods and chattels, lands 
 and tenements of the defendant, in your county, you cause to 
 
 be made the sum of dollars, which in our same 
 
 court, were adjudged to the plaintiff as mesne profits of said 
 
 premises, against the defendant; and the further sum of 
 
 dollars for costs and charges, by the plaintiff, in that 
 
 behalf, expended ; whereof the defendant is convicted as appears 
 to us, of record. And have you those moneys before our said 
 
 court, on the Monday in next, to render 
 
 unto the said plaintiff for his damages aforesaid ; and have you 
 then and there, this writ. 
 
 Witness, the honorable , judge of said court, 
 
 this day of , 19. ... 
 
 , Clerk. 
 
 RETURN BY THE SHERIFF. 
 
 Executed the within writ by putting the plaintiff in quiet 
 
 possession of the premises therein mentioned, on the 
 
 day of , 19. . , . And have raised the suni of
 
 EJECTMENT 445 
 
 dollars (by the sale of the defendant's property) ; 
 
 which sums of money 1 have now in court, subject to its order. 
 
 This day of ,19 
 
 , Sheriff. 
 
 PETITION TO RECOVER REALTY UNDER THE NEEL ACT. 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 The petition of John Doe, as plaintiff, against Richard Roe, 
 as defendant, alleges: 
 
 1st. That Richard Roe, the defendant, is a resident of said 
 county. 
 
 2nd. That Richard Roe is in possession of lot of land, 
 
 1ST umber . . .in the district and 
 
 section of said county, containing acres, more or less, 
 
 to which plaintiff has and claims title. 
 
 3rd. The abstract of the title, under which plaintiff claims 
 said land, is hereto attached. 
 
 4th. That on the day of , 19 , 
 
 John Smith made to plaintiff a title in fee simple to said land, 
 and plaintiff went into actual possession of the same under said 
 title and held the same until , 19. ... 
 
 5th. That on said , 19. . . ., the defendant 
 
 entered upon said land with force and arms and took possession 
 of the same against the will of plaintiff and without his consent, 
 and has been in possession of said land since said time, and has 
 received the rents, issues and profits thereof. 
 
 6th. The deed that plaintiff received from John Smith on 
 
 , 19 . . . . , was recorded by plaintiff in 
 
 the clerk's office of the Superior Court of said county on the 
 ". day of , 19 
 
 7th. That on the day of , 19 , the 
 
 said John Smith, grantor in plaintiff's deed of , 
 
 19. . . ., made and executed to the said Richard Roe, another 
 deed to said lot of land and which was recorded in the office of 
 the clerk of the Superior Court on , 19 .... 
 
 8th. The yearly rents, issues and profits of said land are 
 of the value of dollars per year. 
 
 9th. That plaintiff and defendant held title to said land 
 under a common grantor, John Smith, and plaintiff's deed was 
 first recorded.
 
 446 EJECTMENT 
 
 10th. Plaintiff brings suit for the recovery of said land and 
 the rents, issues and profits of the same for the four years next 
 preceding the filing of this suit and up to the time of trial, and 
 he prays judgment accordingly. 
 
 Wherefore, plaintiff brings suit and prays that process may 
 issue, requiring the defendant to be and appear at the next 
 term of the Superior Court of said county to answer your 
 petitioner's complaint. 
 
 Attorney for Plaintiff. 
 
 (NOTE: If the plaintiff so wishes, he can verify this petition by 
 attaching an affidavit thereto that the facts stated in it are true to the 
 best of his knowledge and belief, and in this way he can compel the 
 defendant to verify his answer in the same way. The great point in a 
 suit of this kind is to endeavor to present the issue and thus get every 
 other point in the case out of the way. This form can be adapted to 
 any state of facts.) 
 
 Abstract of title amended by alleging estoppel in pais. 121/216 (48 S. 
 E. 925). Complaint for land (in short form) can not be dismissed 
 on demurrer to abstract of title. 82/637 (9 S. E. 667) ; 123/327 
 (5) (51 S. EL 423). Duty to annex. 98/416 (25 S. E. 516) ; 115/101 
 (41 S. E. 272). Trespass to land, action to enjoin, at instance of 
 true owner; abstract need not be attached to declaration. 123/326 
 (51 S. E. 418); 126/43 (54 S. E. 814). Amendment adding abstract 
 of title is allowable. 61/449 (1). Abstract of title is amendable. 
 120/529 (48 S. E. 129). Petition may allege facts showing title 
 instead of having abstract attached. 129/744 (59 S. E. 778). 
 
 Description should be with such definiteness that in event of recovery 
 by plaintiff sheriff could execute writ of possession from description 
 given. 141/403 (1) (81 S. E. 194); 137/258 (73 S. E. 380). In- 
 sufficient description may be cured by amendment, where it ap- 
 pears that description in original petition and that in amendment 
 refer to same land. 141/403, 404 (2-a) (81 S. E 1 . 194). See 
 141/639, 640 (81 S. E. 1035). 
 
 Plea must be filed setting out value of land, of mesne profits, and of 
 permanent improvements. 130/596 (61 S. E. 465). Value of per- 
 manent improvements must be alleged with certainty. 116/28 (4) 
 (42 S. E. 258). 
 
 Verdict may be amended by addition of proper words showing that it 
 was for recovery of land and rent, or mense profits. 143/621 (1) 
 (85 S. E. 867). Verdict not describing any particular part of land 
 included in description in petition, so as to adjust it to the evi- 
 dence, was erroneous. 138/605 (2) (75 S. E. 671). Plaintiff can 
 not elect to take money verdict, under Code, 5588, where it is ad- 
 mitted that improvements exceed mense profits. 115/496 (13) 
 (42 S. E. 8).
 
 EQUITY 447 
 
 EQUITY. 5508, 5538-5562. 
 
 SKELETON PETITION IN EQUITY FOR RELIEF, INJUNCTION, 
 RECEIVER, ETC. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of , as plaintiff, against 
 
 , as defendant, alleges : 
 
 1st. That the defendant is a resident of said county. 
 
 (The great thing to do in drawing a petition in equity is to state the 
 facts plainly, fully and distinctly and to make the petition in short 
 paragraphs. It is best to charge the main facts relied on in separate 
 paragraphs so that the defendant may be compelled to answer these 
 separate charges pointedly and separately. Remember to state facts 
 and not conclusions of facts. This may make the petition longer, but 
 it will make it better. If a receiver or injunction is prayed for, the 
 prayer should be put in the petition and the special reasons upon which 
 it is asked.) 
 
 Wherefore, plaintiff prays that process may issue, requiring 
 the defendant to be and appear at the next term of the Superior 
 Court of said county to answer petitioner's complaint. 
 
 Attorney for Plaintiff. 
 
 VERIFICATION OF PETITION. 5542-5546. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , the subscriber, who being duly sworn, on 
 
 oath says that the facts and things stated in the foregoing peti- 
 tion are true. 
 
 Sworn to and subscribed before me, this 
 
 the day of ,19.... '* 
 
 ' \ 
 
 J. P.
 
 4-48 EQUITY 
 
 DEFENSES TO PETITION. 5630, 6285. 
 
 (NOTE. Defendants in equity may demur, plead or answer, and may 
 file one or all of these defenses at one time. In all cases, demurrer, 
 plea or answer shall be disposed of in the order named, and at the first 
 term unless continued.) 
 
 DEMURRER TO EQUITABLE PETITION. 
 
 } Petition for injunction and equita- 
 ble relief in the Superior Court 
 of County, 
 Term, 19 
 
 Now comes the defendant in the above named and stated case 
 at this the appearance term and, before filing his answer therein, 
 files these his general demurrers thereto, and for grounds thereof, 
 says: 
 
 1st. Defendant demurs to said petition, upon the ground 
 that the allegations therein show no cause of action against this 
 defendant and there is no cause of action set out in said 
 petition. 
 
 2nd. Defendant demurs to said petition, upon the ground 
 that said petition does not set out any matter or thing of equity 
 or equity jurisdiction and that upon the allegations therein the 
 plaintiff is not entitled to the equitable relief prayed for. 
 
 Wherefore, defendant prays that these his grounds of de- 
 murrer be inquired of by the court and that said petition be 
 dismissed. 
 
 Attorney for Plaintiff. 
 
 DEMURRERS, GENERAL AND SPECIAL. 
 
 "| Petition for injunction and equita- 
 vg ' I ble relief in the Superior Court 
 
 of County, 
 
 Term, 19 
 
 Now comes the defendant at the appearance term of said 
 case and, before filing his answer therein, files these his grounds 
 of demurrer thereto, and for cause of demurrer, says :
 
 EQUITY 449 
 
 GENERAL DEMURRERS. 
 
 1st. Defendant demurs to said petition upon the ground 
 that the allegations therein show no cause of action against this 
 defendant and there is no cause of action set out in said petition. 
 
 2nd. Defendant demurs to said petition, upon the ground 
 that said petition does not set out any matter or thing of equity 
 or equity jurisdiction and that upon the allegations therein the 
 plaintiff is not entitled to the equitable relief prayed for. 
 
 SPECIAL DEMURRERS. 
 
 1st. Defendant demurs to said petition upon the ground that 
 
 upon the allegations therein, is a necessary 
 
 party to said petition, for the reason (state here how and in 
 what way he is a necessary party.) 
 
 (Remember that a special demurrer is a critic; it itself must be free 
 from criticism, and it must point its finger to the defect complained of. 
 Any number of special demurrers may be added upon proper grounds.) 
 
 Defendant prays that each of these grounds of demurrer be 
 inquired of by the court, and that in the absence of proper 
 amendment, the said petition be dismissed. 
 
 Attorney for Plaintiff. 
 
 ANSWER TO PETITION IN EQUITY. 
 
 } Petition for injunction and re- 
 ceiver, etc. Tn 
 o ' n 
 Superior Court, 
 Term, 19 
 
 Now comes the defendant in the above named and stated 
 case at this the appearance term, and not waiving his demurrers 
 herein filed and his right of demurrer, answering said petition, 
 for answer, says : 
 
 1st. Defendant admits that he is a resident of said county. 
 
 (Here- answer the paragraphs separately, either admitting or 
 denying them or stating in the answer to any particular para-
 
 450 ESTRAYS 
 
 graph, where it is proper, "for want of sufficient information, 
 the defendant can neither, admit or deny the allegations in Para- 
 graph ") 
 
 The defendant having fully answered plaintiff's petition, 
 prays to be dismissed hence with his reasonable costs. 
 
 Attorney for Defendant. 
 
 VERIFICATION OF ANSWER. 5542-5546, 6319. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, the 
 subscriber, who, being duly sworn, on oath says that what is 
 contained in the foregoing answer in so far as concerns his own 
 acts and deeds, is true, and that which relates to the act or deed 
 of any other person, he believes to be true. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. 
 
 ESTRAYS. 2001-2013. 
 
 DESCRIPTION AND APPRAISEMENT OF ESTRAYS. 2002. 
 
 Georgia, County. 
 
 This is to certify that has this day exhibited 
 
 to the undersigned, two freeholders of the militia 
 
 district of said county, a certain , said to have 
 
 been taken up within said district as an estray. The following 
 is a description of said animal; [Describe the animal giving 
 a particular description of its marks, natural and artificial 
 brands, stature, age and color.] 
 
 We estimate said animal to be worth dollars. 
 
 This day of , 19 
 
 , Freeholder. 
 
 . Freeholder.
 
 ESTRAYS 451 
 
 AFFIDAVIT OF TAKEK-UP. 2002. 
 
 Georgia, County. 
 
 Before me, the undersigned, the Ordinary of said county, 
 
 personally came , who on oath says that on 
 
 the day of . N , 19 .-..., deponent took up 
 
 upon his own freehold (or the highway thereto) a certain estray, 
 
 to wit, a in the militia district of 
 
 said county; that on the day of , 19. . . ., 
 
 being within five days of the time of his taking up of said 
 
 as aforesaid, he exhibited said animal to two 
 
 freeholders of said militia district, who took down in writing a 
 particular description of said animal, and annexing thereto 
 their appraisement of its value; and now within five days of 
 the date of making such description and appraisement, said 
 deponent hands same to said ordinary. 
 
 Deponent further swears that the marks and brands of said 
 estray are correct, as stated in the foregoing certificate, and 
 have not been altered or disfigured to his knowledge since he 
 took it up. 
 
 Sworn to and subscribed before me this 
 day of , 19 
 
 Ordinary. 
 
 ADVERTISEMENT OF ESTRAY. 2003, 2011. 
 
 Georgia, County. 
 
 The following is a copy of the appraisement and description 
 of an estray which has been handed to the undersigned : (Copy 
 here the appraisement and description above alluded to.) 
 
 This day of , 19 
 
 Ordinary. 
 
 (NOTE. The ordinary should post substantial copies of said appraise- 
 ment and description at the court-house door for sixty days, at the 
 place of holding justices' court in the district where the estray was 
 taken up, and in the public gazette where the sheriff advertises sales. 
 2003. When the appraised value of the estray is $20 or less it is the 
 duty of the taker up to hand the description and appraisement to the
 
 452 ESTRAYS 
 
 justice of the peace, or notary public and ex-officio justice of the peace 
 in the district where taken up, and make affidavit before him, before 
 whom further proceedings are had. 2011.) 
 
 ESTEAY NOTICE BY THE ORDINARY. 
 
 Office of the Court of Ordinary. 
 
 Georgia, County. 
 
 All persons interested are hereby notified, that , 
 
 of the district, G. M., tolls before , 
 
 the ordinary of said county, as an estray, a 
 
 about years of age ; valued by and 
 
 . ., freeholders of said county and district, to be 
 
 worth dollars. The owner of said estray is 
 
 required to come forward, pay charges, and take said 
 
 away, or he will be dealt with as the law directs. 
 
 A true extract from the Estray Book. 
 
 This day of , 19 
 
 Ordinary. 
 
 ADVERTISEMENT or SALE OF ESTRAY. 2004. 
 
 Georgia, County. 
 
 Will be sold before the court-house door of said county, on 
 
 the Tuesday in next at the regular hour 
 
 for conducting sheriff's sales, at public outcry, to the highest 
 bidder for cash, one certain animal, to wit: (Describe the 
 animal as in the description and appraisement). Said animal 
 
 is sold as an estray, taken up by one and now 
 
 in his possession. Its appraised value is. $25. 
 
 This day of ,19.. .. 
 
 , Sheriff. 
 
 (NOTE. Where the appraised value is $20 or less the sale is by the 
 constable of the district, after ten days' notice. 2011.) 
 
 ORDER OF SALE. 
 
 Georgia, County. 
 
 It appearing from the certificate of freeholders, that the estray
 
 ESTKAYS 453 
 
 taken up by , on his 
 
 freehold , in the district, G. M., on 
 
 the day of , 19 . . . . , is not of sufficient 
 
 value to pay the ordinary expenses in matters of estrays: 
 Ordered, that the constable of said district sell the same on the 
 freehold where taken up, after ten days' notice posted at the 
 court-house door of said county and at the place of holding 
 justice's courts in said district; and that he make due return of 
 such sale to me. 
 
 This day of , 19 
 
 Ordinary. 
 
 AFFIDAVIT OF OWNER. 2006. 
 
 Georgia, County. 
 
 Personally before the undersigned, the ordinary of said 
 
 county, comes , and, on oath, says that a 
 
 certain animal (give description here as in the description and 
 
 appraisement) lately taken up by one as an 
 
 estray, is the property of deponent. 
 
 Sworn to and subscribed before me this 
 day of , 19 
 
 Ordinary. 
 
 BOND OF OWNEK. 2006. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , 
 
 as principal, and , as security, acknowledge 
 
 ourselves held and bound unto , the ordinary 
 
 of said county (or justice of the peace in and for 
 
 district, G. M., of said county, as the case may be) in the sum 
 
 of dollars, upon the condition that if the said 
 
 shall answer any demand that may be proven 
 
 thereon against him within two years, in respect to the animal
 
 454 EXECUTIONS 
 
 mentioned in the foregoing affidavit, then this bond to be void, 
 
 else of force. 
 
 Principal [L. S.] 
 
 Security [L, S.] 
 
 Attested and approved this day 
 
 of , 19 , 
 
 by 
 
 Ordinary. 
 
 COUNTER AFFIDAVIT. 2007. 
 
 Georgia, County. 
 
 Personally before me came , who on oath 
 
 says that a certain. [describe the animal] that 
 
 was on the day of . , 19 . . . . , taken up as an 
 
 estray, is not the property of , but is the 
 
 property of deponent. 
 
 Sworn to and subscribed before me this 
 day of , 19. ... 
 
 Ordinary. 
 
 EXECUTIONS. 5305-5311, 6018-6077. 
 
 SUPERIOR COURT Fi. FAS. 6018. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of this State and their Lawful 
 
 Deputies : 
 We command you, That of the goods and chattels, lands and 
 
 tenements of you cause to be made the sum 
 
 of dollars and cents, principal, and the 
 
 further sum of dollars and cents, for 
 
 interest due to the day of , 19 . . . . , and 
 
 also the further sum of dollars and cents, 
 
 for attorney's fees; and also the further sum of 
 
 dollars and cents, for protest fees ; and also the further 
 
 sum of dollars and cents, for costs, with 
 
 interest on the principal sum from the. . . . .day of ,
 
 EXECUTIONS 455 
 
 19. . . . , at per cent per annum, which at our Superior 
 
 Court for said county, to wit : on the day of , 
 
 19. . . ., , as plaintiff, recovered against said 
 
 , as defendant, for principal, interest and 
 
 costs ; and that you have the several sums of money before the 
 
 court of said county on the Monday in 
 
 next, with this writ to render to the said plaintiff 
 
 the principal, interest and cost aforesaid. 
 
 Witness, the honorable , judge of said court, 
 
 this day of , 19. ... 
 
 , Clerk. 
 
 INDORSEMENTS UPON EXECUTION COST BILL, ETC. 
 
 FEE BILL. CLERK. 5995. 
 
 Filing and docketing $ 2 00 
 
 Process and copy 2 00 
 
 Copies Pet. for Serv 
 
 Extra copies at 50c 
 
 Filing plea, 50c 50 
 
 Demurrer and order, $1.25 1 25 
 
 Recording at 15 cts. per 100 words 
 
 Verdict and judgment 2 00 
 
 Subposnas for plaintiff 
 
 Subposnas for defendant 
 
 Motion new trial and order 1 25 
 
 Brief, evidence and order 1 25 
 
 Order new trial 75 
 
 Bill exceptions and order 1 25 
 
 Copy bill exceptions and records 
 
 Two certificates and seals 2 00 
 
 Eemitter 1 00 
 
 Judgment on remitter 2 00 
 
 Fi. fa. 75 
 
 SHERIFF. 5997. 
 
 Serving defendant $ 
 
 Attendance . 1 25
 
 456 EXECUTIONS 
 
 WITNESS. 
 
 Superior Court. 
 
 Term, 19 
 
 vs. 
 
 Fi. FAS. 
 
 Judgment day of , 19 , 
 
 Principal 
 
 Interest 
 
 Attorney's Fees , 
 
 Protest Fees , 
 
 Clerk 
 
 Sheriff 
 
 Witness 
 
 Minutes Page , 
 
 Execution docket Page , 
 
 ENTERED ON GENERAL, EXECUTION DOCKET. 
 
 ~No Page this the 
 
 day of ,19 
 
 , Clerk. 
 
 , Plff's Atty. 
 
 Suit No. . Term 
 
 CITY COURT Fi. FA. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of this State, and their Lawful 
 
 Deputies : 
 We command you, That of the goods and chattels, lands and 
 
 tenements of you cause to be made the sum 
 
 of dollars and cents, principal, and the
 
 EXECUTIONS 457 
 
 further sum of .dollars and. cents, for 
 
 interest up to the day of , 19. . . . ; and 
 
 also the further sum of dollars and cents 
 
 for protest fees; and also the further sum of .dollars 
 
 and cents for cost, with interest on the principal sum 
 
 from the day of , 19 . . . . , at per 
 
 cent, per annum; which at our city court of to wit: 
 
 on the day of , 19 . . . . , , 
 
 as plaintiff, recovered against said , as 
 
 defendant, for principal, interest and costs ; and that you have 
 
 the several sums of money before the city court of 
 
 on the next, with this writ, to render to the said 
 
 plaintiff the principal, interest and cost aforesaid. 
 
 Witness the honorable , judge of said court, 
 
 this day of , 19. ... 
 
 . Clerk. 
 
 COUNTY COUKT Fi. FA. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of said State and their Lawful 
 Deputies and County Court Bailiffs, Greeting: 
 
 You are hereby commanded, That of the goods and chattels, 
 
 lands and tenements of you cause to be made 
 
 the sum of dollars and cents, principal, 
 
 dollars and cents, interest to judgment, 
 
 with interest on the principal debt from the day of 
 
 , 19 . . . . , the date of judgment, Avhich 
 
 recovered against before me, at a couf t held 
 
 in and for said county, on the day of , 
 
 19 .... And, also, the further sum of dollars 
 
 and cents, for costs thereon and all further costs that 
 
 may accrue. And have you the said sums of money, together 
 
 with this execution, on or before the day of , 
 
 19. . . ., at the court aforesaid, to render in satisfaction for said 
 debt and costs. 
 
 Given under my hand and seal, this day 
 
 of ,19 
 
 (L. S.) 
 
 Judge of County Court of County.
 
 458 EXECUTIONS 
 
 STATE AND COUNTY TAX Fi. FA. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs and Constables of this State 
 Greeting : 
 
 You are hereby required, That of the goods and chattels, 
 
 lands and tenements of you cause to be made 
 
 by levy and sale sufficient thereof to make the sum of 
 
 dollars and cents, the amount of State 
 
 and county tax for the year 19. . . ., also the further sum of 
 fifty cents for this fi. fa., and a sufficient amount to cover 
 interest on said principal tax at the rate of seven per cent, per 
 
 annum from , 19 . . . . , until settled, together 
 
 with all costs that may hereafter accrue ; and have you the said 
 sums of money to be paid to me upon collection thereof, to be 
 rendered to the State and county the principal, interests and 
 costs aforesaid ; and have you then and there this writ. 
 
 Given under my hand and official signature, this day 
 
 of ,19 
 
 (L. S.) 
 
 Tax-Collector County. 
 
 LEVY OF Fi. FA. 
 
 Georgia, County. 
 
 Levied the within fi. fa. on the following described property, 
 
 to wit : in the district 
 
 of county, Georgia 
 
 levied on as the property of to satisfy fi. fa. 
 
 in favor of State of Georgia, and county of against 
 
 said for State and county taxes for the year 19 ... 
 
 , Ga., ,19 
 
 Served , 19 
 
 , Sheriff. 
 
 TRANSFER OF Fi. FA. 
 
 For and in consideration of the sum of dollars
 
 EXECUTIONS 459 
 
 the tax, cost and interest due the within 
 
 fi. fa,, I hereby transfer and assign the same to 
 
 This day of , 19 
 
 , Sheriff. 
 
 JUSTICE COURT Fi. FA. 4765-4769. 
 
 Georgia, County. 
 
 In the Justice Court of the District, G. M. 
 
 To any Lawful Constable of said County Greeting: 
 
 You are hereby commanded to levy on and sell a sufficiency 
 
 of the property of to make the sum of 
 
 dollars, principal, dollars, interest to date of 
 
 judgment, at per cent, per annum, and all future interest 
 
 at the same rate dollars, attorney's fees, and 
 
 dollars, cost of this suit, and thirty-five cents for 
 
 this writ, which several sums were adjudged against him upon 
 
 at the J. P. court held in and for the 
 
 district, G. M., said county, on the day of , 
 
 19 . . . . , in favor of And have you said sums 
 
 of money, together with this execution, at the court aforesaid at 
 the next term thereof after said money can lawfully be made, 
 to render in satisfaction of said debt and costs. 
 
 Given under my hand and seal, this the day 
 
 of ,19 
 
 ,J.P. 
 
 REPLEVY BOND. 
 
 Georgia, County. 
 
 Know all men by these presents, That we, , 
 
 as principal, and , as security, both of said 
 
 county, are held and firmly bound unto in the 
 
 sum of dollars, for the payment of which we bind 
 
 ourselves, our heirs, executors and administrators, jointly and 
 severally, firmly by these presents. 
 
 Signed, sealed and dated, this the day of , 
 
 19 
 
 The condition of the foregoing obligation is as follows : . . . . 
 
 having this day obtained an execution for the 
 
 sum of dollars against the said
 
 460 EXECUTIONS 
 
 upon an affidavit foreclosing a lien, in which said affidavit said 
 
 claims that he has a laborer's lien upon 
 
 , which said property has this day been seized 
 
 by , legal constable in and for the 
 
 district, G. M., of said county, by virtue of said execution, and 
 
 said . .having filed a counter-affidavit thereto. 
 
 Now, should the said well and truly pay to 
 
 the said the eventual condemnation money, 
 
 whatever it may be, then this obligation to be void, else of full 
 force and effect. 
 
 Principal (L. S.) 
 
 Security (L. S.) 
 
 Executed in the presence of 
 
 LEVY FORM OF. 0026. 
 
 6026. (5421.) Form of levy. "The officer making a levy 
 shall always enter the same on the process by virtue of which 
 such levy is made, and in such entry shall plainly describe the 
 property levied on, and the amount of the interest of defendant 
 therein." 
 
 PRINCIPAL AND SECURITY FORM OF EXECUTION AGAINST. 
 
 4758. 
 
 Georgia, County. 
 
 To any Lawful Constable of said County Greeting: 
 
 You are hereby commanded that of the goods and chattels, 
 
 lands and tenements of , principal, and 
 
 , security, you make or cause to be made the 
 
 sum of dollars, principal, the sum of 
 
 dollars, interest to judgment, with interest on principal debt at 
 
 per cent, per annum from day of , 
 
 19. . . ., to date of judgment, and the sum of 
 
 dollars, cost of suit, which several sums were recovered by 
 
 against the said , as principal, 
 
 and , as security, on the day of
 
 EXECUTIONS 
 
 , 19. . . ., in the justice's court held in and 
 
 for district, G. M., of said county. And have 
 
 you the said several sums of money at the .next justice's court 
 
 to be held in and for said district, to render to the said 
 
 And have you then and there this writ. 
 
 Given under my hand and seal this. . . .day of , 19. .. 
 
 ,J.P. 
 
 ILLEGALITY. 5305-5311. 
 
 AFFIDAVIT OF ILLEGALITY. 5305. 
 
 JOHN DOE 
 
 vs. 
 
 ItlCIIAKD ROE 
 
 In the Justice Court of the District, 
 
 G. M., County, 
 
 Term, 19 
 
 Execution for $ , principal, $ . 
 
 interest to judgment, and $ , attor- 
 ney's fees and costs of suit, 
 
 Georgia, County. 
 
 Before me, , a justice of the peace in and 
 
 for said county, personally came Richard Roe, who, being duly 
 sworn, on oath says that he is the defendant in the above named 
 and stated case and that the execution therein has been levied 
 
 by , L. C., on one certain bay horse, as the 
 
 property of affiant, and affiant says that the said execution did 
 issue illegally and is proceeding illegally against him for the 
 following reasons, to wit: 
 
 1st. Affiant has never had his day in court, was never served 
 with any process or other notice of the pendency of the suit 
 whereon said execution is based, nor did he waive service nor 
 did he appear in or defend said suit. 
 
 (Or, affiant may state any other grounds as to why the fi. fa. 
 issued illegally against him or is proceeding illegally against 
 him, being careful to state the facts and not conclusions.) 
 
 RICHARD ROE. 
 Sworn to and subscribed before me, this 
 
 the day of , 19 
 
 ,J.P.
 
 462 EXECUTIONS 
 
 AFFIDAVIT OF ILLEGALITY AND TRAVERSE OF SHERIFF'S 
 
 RETURN. 
 
 Georgia, County. 
 
 ~} Illegality of execution from the 
 
 vs. Superior Court of 
 
 3 County, Term, 19. . . 
 
 Personally came before the undersigned attesting officer, who 
 by law has authority to administer an oath, the subscriber, who, 
 being duly sworn, on oath says that an execution in favor of 
 
 against , the affiant, which 
 
 issued from the Superior Court of said county upon a judgment 
 
 rendered therein at the Term, 19. . . . , of said 
 
 court, has been levied upon a certain (here describe the prop- 
 erty), as the property of defendant, issued illegally against 
 affiant and is proceeding illegally against him, for the following- 
 reason : this affiant was never served with a copy of said petition 
 and process in said suit, and he never waived service thereof 
 and he never appeared and plead therein and never authorized 
 any person to do any one or all of these things for him, and 
 affiant has never had his day in court in this case. Affiant 
 further says that since the last term of said court, it has come 
 
 to his notice that in said case that , the sheriff 
 
 of said county, made a return of service on the petition in said 
 case that he served this affiant personally with a copy of said 
 
 petition and process on the day of , 19 . . . . , 
 
 and affiant says that said return is untrue, and he hereby 
 
 traverses the same and he prays the court to make said , 
 
 sheriff, a party to this case by proper order. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. 
 
 ORDER OF JUDGE MAKING SHERIFF PARTY. 
 
 Illegality of execution from the 
 
 vs. [ Superior Court of 
 
 County, Term, 19 ... 
 
 The defendant in the above named and stated case having 
 filed his affidavit of illegality therein upon the grounds therein
 
 EXECUTIONS 463 
 
 stated, and therein traversing the return of service by the 
 sheriff and praying that the sheriff be made a party to said 
 
 proceeding, it is therefore ordered that , 
 
 sheriff, be and he is hereby made a party to said traverse and 
 said illegality. Let him be served at once with a copy of this 
 order. This day of , 19 .... 
 
 Judge Superior Court. 
 
 Due and legal service is hereby acknowledged of the within 
 and foregoing order and all other and further service and notice 
 is hereby waived. 
 
 'Sheriff 
 
 (NOTE: If the return traverse is made by a deputy-sheriff, the sheriff 
 must be made a party to the traverse. The better plan would be to 
 make both the sheriff and the deputy-sheriff parties to the traverse.) 
 
 TRAVERSE OF GROUNDS OF ILLEGALITY. 5307. 
 
 Now comes John Doe, and traverses the truth of the facts 
 alleged in said affidavit of illegality, and says that the same 
 are not true and that the fi. fa. should proceed. 
 
 JOHN DOE. 
 
 JOINING ISSUE. 
 
 Now comes the affiant, Richard Roe, and says that the grounds 
 stated and alleged in said illegality are true, and joins issue 
 thereon. 
 
 RICHARD ROE. 
 
 (NOTE: If the levy is upon personal property, the usual form of a 
 foreclosure bond can be given. If the levy is upon realty, there is no 
 necessity of any bond.) 
 
 VERDICT OF THE JURY. 
 
 We, the jury, find the issue in favor of the plaintiff in 
 execution. 
 
 This day of , 19 
 
 , Foreman.
 
 464 EXECUTIONS 
 
 JUDGMENT OF THE Couirr. 
 
 vs. 
 
 [ Fi. fa. and issue joined on ille- 
 ) gality. 
 
 The above issue having been submitted and tried, at the 
 present term, and the jury having returned their verdict, upon 
 said issue, in favor of plaintiff in execution, it is therefore, on 
 motion, ordered and adjudged by the court that the illegality 
 filed in said case, be overruled and dismissed, and that said 
 fi. fa. proceed. And it is further ordered that the plaintiff in 
 
 fi. fa. do recover from the defendant dollars 
 
 for his costs and charges, in this behalf sustained. Judgment 
 signed this day of , 19. ... 
 
 Attorney for Plaintiff in Fi. Fa. 
 
 FORTHCOMING BOND. ^6040-6043. 
 
 (To accompany affidavit of illegality by defendant in fi. fa.) 
 
 Georgia, County. 
 
 Know all men by these presents, That we, , 
 
 principal, and , security, acknowledge our- 
 selves jointly and severally bound nnto , 
 
 sheriff of said county, in the sum of dollars, subject 
 
 to the following conditions : 
 
 The condition of the above obligation is such that 
 
 Whereas, The said , sheriff as aforesaid, has 
 
 lately levied an execution issued from the Superior Court of 
 
 said county in favor of against 
 
 upon certain property, to wit: [describe the property], as the 
 
 property of said , to which said execution and 
 
 levy the above named principal has filed his affidavit of ille- 
 gality, as provided by law ; 
 
 Now, should the said , principal, well and 
 
 truly deliver said property so levied upon at the time and place 
 of sale, in the event that said illegality shall be dismissed by
 
 EXECUTIONS 465 
 
 the court, or withdrawn, then this obligation to be void, else of 
 
 full force and effect. 
 
 Witness our hands and seals this. . . .day of , 19. .. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Approved and attested hy 
 
 Sheriff. 
 
 COST EXECUTION AGAINST PLAINTIFF. 5992. 
 
 Georgia, County. 
 
 To any Lawful Constable of said County: 
 
 It appearing to the court that an execution in favor of 
 
 against issued from the justice's 
 
 court of the district, G. M., of said county, has 
 
 been returned with the entry thereon by the proper officer, that 
 there is no property of the defendant out of which satisfaction 
 of the execution can be made: These are, therefore, to com- 
 mand you, that of the goods and chattels, lands and tenements, 
 
 of the said you cause to be made the sum of 
 
 dollars, costs in said case, and thirty-five cents 
 
 for this fi. fa., together with all future costs. 
 
 And have you the said sums of money at our next justice's 
 court, to be held in and for said district, to be disposed of 
 according to law ; and have you then and there this writ. 
 Herein fail not. 
 
 Given under my hand and official signature this day 
 
 of ..., 19 
 
 , J. P. 
 
 BON A ENTRY. 
 
 Georgia, County. 
 
 Diligent search made, and no property of defendant found 
 upon which to levy the within fi. fa. 
 
 This day of , 19.... 
 
 , Sheriff.
 
 466 EXECUTIONS 
 
 LEVY ON LAND NOTICE OF. 6031, 6033. 
 
 [To be served on defendant, and also on tenant in possession, if any, 
 within five days after the levy. 6031, 6033.] 
 
 Georgia, County. 
 
 To : 
 
 You are hereby notified that on the day of , 
 
 19. . . ., a fi. fa., issued from the court of said county 
 
 in favor of against was levied 
 
 by the undersigned upon the following land, situate in said 
 county, to wit: (describe the land as in the levy), as the 
 
 property of and that the same will be advertised 
 
 to be sold on the first Tuesday in ...... next. 
 
 This day of ,19 
 
 , Sheriff. 
 
 STAY OF EXECUTION FORM OF BOND. 4760, 6044-6046. 
 
 vs. 
 
 In the Justice's Court for the 
 
 District, G. M., of County, 
 
 State of Judgment for 
 
 Plaintiff of dollars, principal, 
 
 dollars interest, and 
 
 dollars, cost of suit. 
 
 And now comes the defendant in the above stated case, within 
 the time required by law, and having paid the costs, brings 
 
 and tenders him as security, and demands a 
 
 stay of execution for sixty days. And the defendant and said 
 
 acknowledge themselves jointly and severally 
 
 bound unto the said plaintiff for the amount of said judgment, 
 as to both principal and interest in the terms of the statute in 
 such case made and provided. 
 
 This day of , 19 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 
 by me 
 ,J.P.
 
 EXECUTIONS 467 
 
 PERISHABLE PROPERTY APPLICATION FOR SALE OF. 6068. 
 
 Georgia, County. 
 
 To , Justice of the Peace of the 
 
 District, G. M., of said County: 
 
 The application of shows that on the 
 
 day of , 19. . . ., an execution, issued from the 
 
 justice's court of said district, in favor of against 
 
 was, by the constable of said district, levied on 
 
 the following property, to wit: (here describe the property 
 levied on), which property is of a perishable nature (or liable 
 to deteriorate in value from keeping, or there is expense attend- 
 ing the keeping of the same) ; that the said 
 
 the defendant in fi. fa., fails to replevy said property, and the 
 same remains in the hands of the levying officer. Wherefore, 
 applicant prays for an order for the sale of said property in 
 terms of the statute in such cases made and provided. This 
 day of , 19 
 
 Applicant. 
 
 NOTICE TO DEFENDANT IN Fi. FA. 6069. 
 
 (State the case.) 
 
 To , or his Attorney : 
 
 You are hereby notified that I will, on the day 
 
 of , 19 . . . . , apply to , justice 
 
 of the peace of the district, G. M., of county, 
 
 for an order to sell certain property, to wit: (here describe the 
 
 property levied on) which property was, on the day 
 
 of , 19 . . . . , levied on by virtue of a fi. fa. issued 
 
 from the justice court of the district, G. M., 
 
 county, in favor of against yourself, and that 
 
 said application will be heard by the said 
 
 at in said county, on the day of , 
 
 19 
 
 Applicant.
 
 468 EXECUTIONS 
 
 ORDER OF SALE OF PERISHABLE PROPERTY. 6068. 
 
 It appearing- to the court upon the application of 
 
 this cfay heard that on the .day of , 19. ... 
 
 an execution issued from the justice court of district, 
 
 G. M., in favor of against 
 
 was by levied on the following property, to wit : 
 
 (here describe the property levied on.) And it further appear- 
 ing that said property is of a perishable nature or liable to 
 deteriorate in value from keeping (or there is expense attending 
 
 the keeping of the same) and that the said 
 
 the defendant in fi. fa., fails to replevy said property, and the 
 same remains in the hands of the levying officer. It is therefore 
 ordered that the said property be advertised and sold in terms 
 
 of the statute in such cases made and provided. This day 
 
 of , 19 
 
 ,J. P. 
 
 ADVERTISEMENT OF SALE OF PERISHABLE PROPERTY. 6069. 
 
 In pursuance of an order granted by , J. P., 
 
 of the district, G. M., of county, there will 
 
 be held before the court house door in (the 
 
 place for holding court for said district) on the day 
 
 of , 19. . . ., within the legal hours of sale, the 
 
 following property, to wit : (here describe the property. ) Said 
 
 property levied on as the property of by virtue 
 
 of a fi. fa. issued from the justice's court of said district in 
 favor of against 
 
 This day of ...,19 
 
 , L. C. 
 
 CONTROL OF EXECUTION BY SURETY PAYING IT OFF. 
 
 3558-3561, 6046. 
 
 ENTRY BY COLLECTING OFFICER. 
 
 Received day of , 19 . . . . , the whole 
 
 amount of this execution, principal, interest and cost, amount-
 
 EXECUTIONS 469 
 
 ing to dollars of one of the 
 
 securities; and the control given to him, according to law. 
 
 , Sheriff. 
 
 ORDEK OF THE COURT. 
 
 vs. 
 
 and 
 
 Fi. Fa. from Superior Court, 
 
 returnable to Term, 19. ... 
 
 Principal debt, $ Interest, 
 
 Cost, 
 
 It appearing to the court here, that and 
 
 were bona 'fide securities on the note, the 
 
 foundation of the plaintiff's demand, and in no way interested 
 
 in the consideration thereof. And it appearing that said 
 
 has been compelled to pay off said -fi. fa. It is ordered, 
 
 that said have the control of said fi. fa. for 
 
 the purpose of collecting by levy and sale, from said 
 
 the proportionable share due by said on said 
 
 fi. fa. This day of , 19 
 
 Attorney for , 
 
 SURETY AOAIXST PRINCIPAL. 
 
 vs. 
 
 and 
 
 Fi. Fa, from Superior Court, 
 
 returnable to Term, 19. ... 
 
 Principal debt, $ Interest, 
 
 Cost, 
 
 It appearing to the court that was security 
 
 on the note, the foundation of the above fi. fas., and in no way 
 interested in the consideration of said note. That separate 
 
 actions were brought on said note against and 
 
 said That the fi. fa. against said 
 
 has been paid off and discharged by said It 
 
 i> therefore hereby ordered, that said have the 
 
 control of the judgment rendered against said
 
 470 EXECUTIONS 
 
 and the execution issued therefrom, in said cause for the pur- 
 pose of remunerating himself out of his property. 
 This day of , 19 
 
 Attorney for. 
 
 SURETY AGAINST CO-SECURITY. 
 
 (State the case.) 
 
 It appearing to the court that and 
 
 were co-securities on the note, the foundation of the plaintiff's 
 demand, and in no way interested in the consideration of said 
 note. ' That separate actions were brought against said co- 
 securities, and that -. one of said co-securities, 
 
 has paid off the said debt. It is hereby ordered, that said 
 
 have the control of the execution obtained in 
 
 said cause, against said for the purpose of 
 
 collecting out of him his pro rata part of said debt. 
 
 This day of ,19 
 
 Attorney for, 
 
 "Amount of interest," return should show; where return fails to state 
 any interest whatever in defendant, levy defective. 113/G95 (39 
 S. E. 455). 
 
 "Backing" of execution in justice's court required before levy in 
 another county; what is meant by "backing." 113/93 (2), 95 (38 
 S. E. 319). Sufficient "backing" under Code, 4760, authorizes levy 
 in another county. 121/305 (48 S. E. 956). 
 
 Descriptio personae. Execution against A. W. S., "exec." was against 
 him individually. 119/666 (1) (46 S. E. 872). Execution appear- 
 ing on face to be against party in representative capacity is valid 
 though the word "as" not prefixed to word "administrator." 
 55/209. 
 
 Illegality. Affidavit not sworn to, but only "witnessed" by notary, is 
 invalid. 141/687 (82 S. E. 32). Not error in refusing to reopen 
 case for amendment, after judgment, where entry of service not 
 traversed. 143/129, 130 (84 S. E. 553). Affidavit filed by defendant 
 in mortgage foreclosure proceeding is amendable to same extent as 
 are ordinary pleas. 13 App. 632 (79 S. K 755). Where affidavit 
 alleged that defendant was never served with process or any 
 notice of pendency of suit, court did not err in refusing to allow 
 it to be amended by traverse, offered after several terms of court 
 had intervened. Affidavit will not take place of traverse of officer's 
 return. 15 App. 162 (82 S. E. 803). Second affidavit is not main- 
 tainable if based on same facts that first affidavit was based upon. 
 15 App. 680 (84 S. E. 175). Where affidavit alleges that judgment 
 debt has been discharged in court of bankruptcy, error to dismiss
 
 EXECUTORS EXEMPTIONS FEES FERTILIZERS 471 
 
 affidavit because of failure to set forth or attach copy of abstract 
 of record of proceedings in that court. 16 App. 472 (3) (85 S. E. 
 791). Amendment of affidavit, fatally defective, in not stating that 
 ground added thereby was not known to affiant when original 
 affidavit was made. Amendment merely amplifying ground of 
 illegality allowed, without oath as to want of knowledge at time 
 of filing original affidavit. 17 App. 688 (87 S. E. 1092). Allegation 
 that deponent "is advised and believes" that debt upon which judg- 
 ment was rendered has been settled in full by principal, is insuffi- 
 cient. 18 App. 780 (4) (90 S. E. 722). 
 
 Judgment. Execution should follow the judgment; but although it may 
 misstate date of judgment, if it so describes nad identifies the 
 judgment as to make certain the legal authority of the court which 
 caused it to be issued, this is sufficient to authorize the sheriff to 
 levy on and sell the land of the defendant in fi. fa. 143/164 (84 
 S. E'. 480). 
 
 Levy of land void for uncertainty which fails to describe land with such 
 precision as to inform purchaser what he is buying, and enable 
 officer selling to place purchaser in possession. 100/486 (2), 492 
 (28 S. E. 219). 
 
 Misdescription in naming of plaintiff in fi. fa. will not invalidate execu- 
 tion, when. 106/268 (32 S. E. 124); 107/802 (33 S. E. 684). 
 
 Seizure. Levy of sheriff need not recite actual seizure. 109/180 (1) 
 (34 S. E. 353). 
 
 EXECUTORS. 
 
 (See Administrators and Executors, ante.) 
 
 EXEMPTIONS. 
 
 (See Homestead and Exemptions, post.) 
 
 FEES. 
 
 (See Costs and Fees, ante.) 
 
 FERTILIZERS. 1771-1799. . 
 
 ILLEGALITY OF CONTRACT PLEA SETTING UP. 
 
 (State the case.) 
 
 And now comes the defendant in tho above stated case, and 
 for plea says: 
 
 1. That the consideration of the contract sned on in said 
 case was commercial fertilizers, and that the sacks or packages
 
 472 FORCIBLE ENTRY AND DETAINER 
 
 containing said fertilizers had not on them, nor any of them, 
 the marks or brands of an inspector of fertilizers, and that the 
 same were not tagged as required by law. 
 
 And of this he puts himself upon the country. 
 
 Defendant's Attorney. 
 
 FORCIBLE ENTRY AND DETAINER. 5395-5405. 
 
 FORM OF AFFIDAVIT. 5395. 
 
 Georgia, ............ County. 
 
 Personally appeared before me, ............... , a justice 
 
 of the peace in and for the ........... district of said county, 
 
 ............... , who upon oath says that on the ...... day 
 
 of ............ , 19. . . ., he was in the peaceable, legal and 
 
 quiet possession of a certain house and lot in the town of ...... 
 
 and in the ......... district, G. M., of said county, known as 
 
 the ......... . ..... , ..... house and lot, and designated as lot 
 
 No .......... in the plan of said town, and that on the day 
 
 and year aforesaid, ................. , of said county, with 
 
 menaces, force and arms, violently and without authority of 
 law, took possession of said house and lot, and doth now forcibly 
 detain the same without authority of law. 
 
 Sworn to and subscribed before me, this 
 ...... day of ............... , 19 ____ 
 
 , 
 
 FORM OF PRECEPT FOR SUMMONING JURY. 5396. 
 
 To , Constable for District, G. M. : 
 
 You are hereby commanded immediately to summon the 
 
 following named twelve jurors, to wit: , , 
 
 , , etc., to be and appear before me 
 
 at , the place of holding court in and for the 
 
 district, G. M., in said county, on the day 
 
 of next, by 10 o'clock a. m., then and there 
 
 to inquire into and try a certain case of forcible entry and
 
 FORCIBLE ENTRY AND DETAINER 473 
 
 detainer pending between and and 
 
 have yon then and there this writ. Witness my hand and 
 
 official signature this day of , 19. ... 
 
 , J.P. 
 
 FORM OF SUMMONS TO DEFENDANT. 5395. 
 
 Georgia, County. 
 
 To , of said County : 
 
 Whereas, on the day of , 19. . . ., appeared 
 
 before me and made oath that on the day of , 
 
 19. . . . , he was in the legal, peaceable and quiet possession of 
 
 a certain house and lot in the town of. in said 
 
 county, known as the house and lot, and designated 
 
 as lot No in the plan of said town, and that on the 
 
 day and year aforesaid you did with menaces, force and arms, 
 violently and without authority of law, take possession of said 
 house and lot, and doth still forcibly detain the same without 
 authority of law. 
 
 Wherefore, you are hereby notified and required to be and 
 
 appear at in said county (the place of holding 
 
 court in and for the .district, G. M.,) on the 
 
 day of , 19. . . ., by 10 o'clock a. m., when and 
 
 where the question of forcible entry and detainer between 
 and yourself will be submitted to the con- 
 sideration of a jury as provided by law. A copy of said affidavit 
 is hereto attached. Witness my hand and official signature, 
 
 this day of , 19. ... 
 
 , J. P. 
 
 OATH OF JURY. 5399. 
 
 You shall well and truly inquire whether A. B. has made any 
 forcible entry into the lands or tenements of C. D., and him 
 ejected therefrom, or forcibly detained the lands or tenements 
 of the said C. D., and a true verdict give according to the facts 
 as they may appear to you in evidence. So help you God.
 
 474 FORCIBLE ENTRY AND DETAINER 
 
 VERDICT OF JURY. 
 
 We, the jury, find a forcible entry and detainer as to the 
 defendant and the possession of the lands and tenements in 
 dispute in favor of the plaintiff. 
 
 This day of , 19 
 
 , Foreman. 
 
 JUDGMENT OF THE COURT. 
 
 Whereupon it is considered, ordered and adjudged by the 
 
 court that the defendant has been guilty of 
 
 forcible entry and detainer of the premises mentioned in the 
 proceedings. And it is further considered that the plaintiff 
 
 have quiet and peaceable possession of said 
 
 premises, and that a writ of possession issue accordingly. And 
 
 further, that the plaintiff recover of the defendant 
 
 dollars cost of suit, for which let execution issue. Judgment 
 
 signed this day of , 19 .... 
 
 ,J.P. 
 
 WRIT OF POSSESSION. 5400. 
 
 Georgia, County. 
 
 By , a justice of the peace for said county. 
 
 To , Sheriff of said County : 
 
 Whereas , lately in a justice court, held in 
 
 terms of the statute for that purpose, by the judgment of said 
 
 court, recovered of , of said county, possession 
 
 of a certain house and lot situated in the town of , 
 
 in said county, known as the lot, and designated in 
 
 the plan of said town as lot No , which said premises 
 
 have been and are still unjustly withheld from the said 
 
 by the said , whereof he is convicted by the 
 
 verdict of a jury. And it having been adjudged by said court 
 
 that the said ! have execution upon his said 
 
 judgment against the said in accordance with 
 
 his recovery ; therefore, you are hereby commanded that, without 
 delay, you deliver to the said possession of the
 
 GARNISHMENT WHERE SUIT is PENDING, ETC. 475 
 
 said premises, and that you make return of your actings and 
 doings in reference to the matters herein commanded forthwith, 
 and return this writ. 
 
 Witness my hand and official signature, this day 
 
 of ,19.... 
 
 ,J.P. 
 
 RETURN OF SHERIFF. 
 
 Executed the within writ by putting in 
 
 quiet possession of the premises therein mentioned. This 
 
 day of ,19 
 
 Sheriff of County, Ga. 
 
 Affidavit and summons are sufficient if they allege that at a certain 
 time defendant forcibly entered on land described, in possession of 
 plaintiff, and forcibly detained it; need not describe manner, means 
 or nature of force used. 86/271 (12 S. E 1 . 412). 
 
 Bond for "all future costs" sufficient in certiorari. 75/847. 
 
 Warrant on face showing entry more than three years before and con- 
 taining no allegation o forcible detainer was demurrable. 48/408. 
 
 GARNISHMENT 
 
 WHERE SUIT IS PENDING OJl JUDGMENT HAS 
 BEEN OBTAINED. 5265-5304. 
 
 AFFIDAVIT. 5268. 
 
 State of Georgia, County. 
 
 In person before me came , who on oath 
 
 says that is indebted to 
 
 in the sum of dollars, and cents principal, 
 
 dollars, attorney's fees, interest and cost upon 
 
 that ha. . commenced suit thereon 
 
 in action pending in and returnable to the term. 
 
 19. . . ., of the court (or upon a judgment obtained 
 
 at the term, 19. . . ., of the court)
 
 476 GAKNISHMENT WHERE SUIT is PENDING, ETC. 
 
 and that affiant has reason to apprehend the loss of said sum 
 or some part thereof unless process of garnishment do issue. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ' ,J.P. 
 
 [NOTE. If the affidavit is made by an agent or attorney at law of the 
 plaintiff he may swear "according to the best of his knowledge and 
 belief." 5266.] 
 
 BOND. $5268. 
 
 Georgia, County. 
 
 We the undersigned, ...., principal, and 
 
 , suret . . , acknowledge ourselves bound unto 
 
 , the defendant named in the foregoing 
 
 affidavit, in the sum of [double the amount sworn 
 
 to be due] . . .dollars, conditioned to pay to the said defendant. . 
 all costs and damages that . .he. . may sustain in consequence 
 of suing out said garnishment sought by the principal . . in said 
 affidavit, in the event that the plaintiff. . fail. . to recover in 
 the suit, or it should appear that the amount sworn to be due 
 on such judgment was not due, or that the property or money 
 sought to be garnished was not subject to process of garnish- 
 ment. 
 
 Signed and sealed this day of , 19 .... 
 
 Principal [L. S.} 
 
 .Surety [L. S.] 
 
 Tested and approved by me 
 
 : J- P. 
 
 [NOTE. Agent or attorney at law of plaintiff making the affidavit, 
 may sign name of plaintiff to bond. 5266.] 
 
 SUMMONS OF GARNISHMENT. 5269. 
 
 (State the case.) 
 
 Georgia, County. 
 
 To , , Garnishee: 
 
 You are hereby required to appear at the term 
 
 of court to be held in and for . . . . on the . .
 
 GARNISHMENT WHERE SUIT is PENDING, ETC. 477 
 
 day of , 19. . . . , [where said suit is pending, or, 
 
 where said judgment was obtained], then and there to depose 
 on oath what you are indebted to, or what property and effects 
 
 you have in your hands belonging to , the 
 
 defendant, or had at the time of the service of this summons of 
 garnishment upon you ; and also what you have become indebted, 
 or what property and effects you have received or got possession 
 of, belonging to the said defendant, between the time of the 
 service of this summons, and the time of making your return. 
 
 This day of , 19.'... 
 
 , J. P. 
 
 RETURN OF SERVICE OF GARNISHMENT. 5269. 
 
 Georgia, County. 
 
 On this day of , 19. . . ., at the hour 
 
 of M., I have served summons of garnishment based upon 
 
 the within affidavit and bond upon ;.-.. .personally. 
 
 Deputy Sheriff, County, Ga. 
 
 RETURN OF OFFICER LEVYING ATTACHMENT. 
 
 Georgia, County. 
 
 I have this day levied the within attachment upon , 
 
 more or less, as the property of the defendant. And have served 
 
 personally with a summons of garnishment, 
 
 returnable to the term of the court of said 
 
 county. This day of , 19 .... 
 
 , Sheriff. 
 
 ENTRY UPON BOND AND AFFIDAVIT OF GARNISHMENT. 
 
 Georgia, County. 
 
 I have this day served personally with a 
 
 summons of garnishment, returnable to the term of 
 
 the court of said county. This. . . .day of , 
 
 19 
 
 , Sheriff.
 
 478 GARNISHMENT WHERE SUIT is PENDING, ETC. 
 
 ANSWER TO SUMMONS or GARNISHMENT. 
 5269, 5271, 5272, 5293, 5298. 
 
 (State the case.) 
 Georgia, County. 
 
 Before me the undersigned, a notary public and ex-officio 
 
 justice of the peace in and for the district, G. M., 
 
 of said county, personally came , who being 
 
 duly sworn, in answer to a certain summons of garnishment 
 heretofore served upon him in the above stated case, deposes 
 and says on oath: 
 
 Deponent says that at the date of the service of the summons 
 of garnishment upon him in this case, he was indebted to the 
 
 defendant dollars [or that he was indebted to the 
 
 defendant nothing], and that he has property and effects in his 
 hands belonging to the said defendant, or had at the time of 
 the service of said summons of garnishment upon him, to wit 
 
 [describe the property in hand] : [or, that he now 
 
 has no property in his hands belonging to said defendant, and 
 had none at the time of the service of said summons of garnish- 
 ment upon him] ; that deponent has become indebted to the 
 defendant between the time of the service of the summons of 
 
 garnishment and the time of making this his answer 
 
 dollars [or nothing, as the case may be] and during said interval 
 he has received and got possession of property and effects 
 belonging to the defendant, to wit [describe the property if any 
 or nothing.] 
 
 [If the amount due by garnishee is for the wages of an 
 employee or servant, the following clause should be inserted in 
 
 the answer: That , the defendant, was 
 
 employed by this affiant, as a laborer, at the wage of two ($2.00) 
 dollars per day, and the said sum represents his wages for 
 
 days, so employed by affiant. (See Acts 1914, p. 62, 
 
 or 5298, Park's Ann. Code, 1914.) ] 
 
 Sworn to and subscribed before me, this 
 .day of , 19 
 
 Notary Public and ex-officio J. P., 
 District, G. M.
 
 GARNISHMENT WHERE SUIT is PENDING, ETC. 479 
 DISSOLUTION OF GARNISHMENT. 5280, 5281. 
 
 BOND DISSOLVING GARNISHMENT. 5280. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, 
 
 principal, and , security, acknowledge our- 
 selves jointly and severally bound to in the 
 
 sura of dollars subject to the following conditions : 
 
 Whereas the said has sued out process of 
 
 garnishment against the said returnable to the 
 
 Superior Court of county, based upon a suit pending 
 
 [or, upon "a judgment obtained," as the case may be,] in such 
 court, for the sum of dollars; 
 
 Now should the said make unto the said 
 
 full payment of the judgment that shall be 
 
 rendered on said garnishment, or should the said 
 
 do so for him, then this bond to be void, else of full force and 
 effect. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of, and approved 
 
 by me: 
 
 ST. P. and ex-officio J. P. 
 
 BOND TO DISSOLVE GARNISHMENT BY DEFENDANT. 5280. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , 
 
 as principal, and , as surety, are held and 
 
 firmly bound unto , plaintiff, in the just and 
 
 full sum of $ (which shall be double the amount 
 
 sworn to be due in the suit or double the amount sworn to be 
 due on the judgment), subject to the conditions hereinafter 
 stated. 
 
 The condition of the above obligation is as follows: 
 
 , as plaintiff, has sued out a garnishment 
 
 against , defendant, in a certain suit (or upon 
 
 a certain judgment stating when and where obtained) now
 
 480 GARNISHMENT WHERE SUIT is PENDING, ETC. 
 
 pending in the court of of said county, 
 
 and returnable to the term, 19-. . . ., thereof. 
 
 Now if the said , principal, and , 
 
 surety, shall well and truly pay to the said , 
 
 plaintiff in garnishment, the sum and amount of the judgment 
 rendered in favor of said plaintiff in said garnishment, and the 
 costs thereon, then in such case this bond to be void, otherwise 
 of full force and effect. In witness whereof we have here- 
 unto set our hands and affixed our seals, this the day 
 
 of , 19 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 
 by me: 
 
 (J. P. or Clerk of Superior Court as the 
 case may be.) 
 
 FORTHCOMING BOND GIVEN BY CLAIMANT. 
 
 Georgia, County. 
 
 We, , as principal, and , 
 
 security, acknowledge ourselves bound unto , 
 
 plaintiff, in the sum of. dollars, subject to the 
 
 following condition: 
 
 Whereas, an attachment in favor of against 
 
 , returnable to the . . . .court of the 
 
 county aforesaid, at the term, 19. . . ., has been levied 
 
 upon , which has been claimed 
 
 by N"ow should the said 
 
 deliver said to the levying officer, at the time and 
 
 place of sale ; provided, said should be found 
 
 subject to said attachment, then this bond to be void, otherwise, 
 
 of force. This day of , 19. ... 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 
 by me:
 
 GARNISHMENT IN ATTACHMENT CASES 481 
 
 GARNISHMENT IN ATTACHMENT CASES. 
 5094-5101. 
 
 JUDGMENT WHERE GARNISHES ANSWERS THAT HE Is 
 INDEBTED, ETC. 5098. 
 
 (State the case.) 
 
 It appearing to the court that , garnishee in 
 
 said case, is indebted to the defendant, , in 
 
 the principal sum of dollars, and the sum of 
 
 dollars, interest. It is, therefore, ordered 
 
 and adjudged by the court, that the said recover 
 
 of the said .the said sums of 
 
 dollars principal, and dollars, interest. 
 
 Judgment signed day of , 19 .... 
 
 Judge S. C................C. 
 
 i 
 
 Plaintiff's Attorney. 
 
 JUDGAIENT ON BOND DISSOLVING GARNISHMENT. 5280. 
 
 (State the case.) 
 
 The plaintiff, , having heretofore obtained 
 
 the judgment of the court against the property [or, "funds"] 
 against which garnishment was issued, 
 
 It is considered and adjudged that the plaintiff do recover of 
 
 the defendant, , and the surety upon his bond 
 
 to dissolve garnishment, to wit dollars, principal, 
 
 dollars, interest, and costs. 
 
 " Judge's. C.'.'.'.'.".''.'/.'.'.'.'/.'.'.C. 
 
 TRAVERSE. 5099. 
 
 (State the case.) 
 
 And now comes, , the plaintiff, at this 
 
 term of the court at which the answer of ,
 
 482 GARNISHMENT IN ATTACHMENT CASES 
 
 garnishee, was made, and not being content with the answer of 
 said garnishee, denies the truth of the same. 
 
 NOTICE BY PLAINTIFF TO GAKNISHEE OF TEAVEESE OF 
 
 ANSWEE. 
 
 (State the case.) 
 
 You are hereby notified that the answer filed by you as 
 
 garnishee in the above-stated case, was, to -wit, on the 
 
 day of , 19. . . ., traversed by the undersigned, 
 
 the plaintiff in said action, and that the trial of said garnish- 
 ment will be had on the. .... .day of , 19. ... 
 
 Plaintiff. 
 
 [NOTE. The notice should be served at least five days before the trial 
 of the garnishment, if in a justice court, at at least ten days before 
 such trial if the proceeding is in any other court. 6223, supra.] 
 
 AFFIDAVIT AS TO SEEVICE. 
 
 Georgia, County. 
 
 Personally before me came , who on oath 
 
 says that on the day of , 19 . . . . , he 
 
 personally served a copy of the foregoing notice on , 
 
 the garnishee above named. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Notary Public and ex-officio J. P., 
 District, G. M., of County. 
 
 DISMISSAL OF GAENISHMENT. 
 
 Clerk's Office Superior Court, 
 
 County, Ga. 
 
 To , Garnishee : . 
 
 This is to certify, that the plaintiff's attorney has ordered me
 
 GARNISHMENT IN ATTACHMENT CASES 483 
 
 to dismiss the garnishment in the case of 
 
 vs , and that the same is hereby dismissed. 
 
 Given under my hand and seal of office, this day' 
 
 of ,19 
 
 , Clerk. 
 
 NOTICE OF DISSOLUTION. 
 
 Georgia, County. 
 
 Garnishment in 
 
 Court of 
 
 To , Garnishee : 
 
 You are hereby notified that the defendant in the case herein- 
 after stated has given a satisfactory bond for the dissolution of 
 
 garnishment in the case of . . vs 
 
 and that said bond has been duly approved by me. 
 
 You are therefore released from all further liability in said 
 garnishment suit, with the exception that it is necessary for you 
 to file your answer. 
 
 Witness my hand and seal of said court, this the day 
 
 of , 19 
 
 Clerk Superior Court County. 
 
 Affidavit. Attorney swearing "that affiant has reason to apprehend," 
 etc., sufficient; affidavit defective, when. 126/114 (54 S. E. 938). 
 Affidavit and bond sufficient in this case. 123/224 (51 S. E. 318). 
 
 Agent may verify answer in behalf of corporation if he can and will 
 depose positively to facts stated. 8 App. 114 (68 S. E. 622). 
 
 Amendment of answer of garnishee is permissible, unless the alleged 
 answer is a nullity. 15 App. 293, 294 (3) (82 S. E. 942). Error to 
 allow amendment for purpose of curing omission to comply with 
 Code, 5304. 14 App. 360 (2) (80 S. E. 854). Variance between 
 amount claimed in original suit and that claimed in affidavit is 
 amendable. 4 App. 526 (2) (62 S. E'. 97). 
 
 Answer. Garnishee failing to set up exemption of wages which he 
 owes defendant sued, is not protected from suit by defendant. 
 125/104 (54 S. E. 68). Not error in allowing second answer, when. 
 1 App. 430 (57 S. E. 1047). 
 
 Attorney may make statements necessary to obtain garnishment. 
 126/114 (54 S. E. 938). 
 
 Backing ft", fa. not necessary in order that summons may issue thereon 
 in another county. 6, App. 405 (2) (65 S. E. 165). 
 
 Equitable pleading in superior court; when necessary aid to garnish- 
 ment proceedings. 127/626 (56 S. E. 742). 
 
 Exemptions. Garnishee must set up exemption. 125/103 (54 S. E. 68).
 
 484 GUARDIAN AND WARD 
 
 GUARDIAN AND WARD. 3031-3116. 
 
 PETITION OF NATURAL GUARDIAN. 3032. 
 
 Georgia, County. 
 
 To Hon , Ordinary of said County : 
 
 The petition of shows that 
 
 is the father of minor . . . residing in 
 
 said county; that said minor. . . ha. . . an estate of probably 
 
 dollars coming to .from 
 
 estate. 
 
 Petitioner prays an order appointing 
 
 guardian of the property of said minor . . . 
 
 , Petitioner. 
 
 ORDER. 
 
 Court of Ordinary. 
 
 Upon reading and considering the petition of ............. , 
 
 the father of ................... , it is ordered that the said 
 
 ............... be and he is, hereby appointed guardian of 
 
 the property of said minor . . . , and that ................... 
 
 give bond and security, as required by law, in the sum of 
 ............... dollars, and take and subscribe the oath as 
 
 required by such guardians. 
 
 ......................... . . ., Ordinary. 
 
 BOND OF NATURAL GUARDIAN. 3032. 
 
 Georgia, County. 
 
 Know all Men by these Presents: 
 
 That we, and , are bound 
 
 unto , ordinary of said county, and his suc- 
 cessors in office, in the sum of dollars, for payment 
 
 of which we bind ourselves, our heirs and assigns, jointly and 
 severally. 
 
 Signed, sealed and delivered this. . . .day of , 19. ... 
 
 The condition of the above bond is such, That if said 
 
 , the natural guardian of child 
 
 to whom recently there has the sum of
 
 GUARDIAN AND WARD 485 
 
 dollars, shall faithfully discharge his duties according to law, 
 
 as guardian of said minor, then the above bond to be null and 
 
 void, else to remain in full force and effect. 
 
 [L. S.J 
 
 : [L. S.] 
 
 [L. S.] 
 
 Executed in the presence of and approved 
 by me: 
 
 Ordinary. 
 
 APPLICATION BY THIRD PERSON FOR GUARDIANSHIP OF MINOR 
 OVER FOURTEEN. 3035. 
 
 Georgia, County. 
 
 To the Ordinary of said County : 
 
 The petition of , a resident of said State, 
 
 respectfully shows that is a minor above the 
 
 age of fourteen years, residing in said county; that there is 
 
 coming to him from the estate of property, both 
 
 real and personal, of the probable value of dollars; 
 
 that petitioner desires to be appointed guardian of the person 
 and property of said minor, and that said minor has selected 
 your petitioner as such guardian. 
 
 A writing signed by said minor, declaring said choice, is 
 attached to this application. 
 
 Wherefore petitioner prays that an order be passed sanction- 
 ing such selection and appointing petitioner guardian of the 
 person and property of said minor. 
 
 Petitioner. 
 
 I hereby select as guardian of my person 
 
 and property. This day of , 19. ... 
 
 ORDER APPOINTING GUARDIAN. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 The foregoing application of to be appointed
 
 486 GUARDIAN AND WARD 
 
 guardian of , a minor, coming on to be heard, 
 
 and the facts therein alleged being shown to the court to be true 
 and the selection of said by said minor appear- 
 ing to be judicious, it is ordered that said. be, 
 
 and he is, hereby appointed guardian of the person and property 
 
 of said upon his giving bond and security in 
 
 the sum of dollars, and taking the oath of office. 
 
 In open court, this day of , 19 .... 
 
 Ordinary. 
 
 APPLICATION BY MINOR OVER FOURTEEN YEARS TO HAVE 
 GUARDIAN APPOINTED OF His OWN SELECTION. 3035. 
 
 The petition of , a resident of said county, 
 
 and a minor child of , recently deceased, 
 
 respectfully shows to the court that he is over fourteen years 
 of age; that he desires to have a guardian appointed for him- 
 self, to take charge of his person and property in said State; 
 that he has selected as such guardian his friend and relative, 
 
 , and prays the court to sanction his choice, 
 
 and appoint said his guardian, said 
 
 residing in said State. 
 
 This day of , 19 
 
 PETITION BY MINOR FOR REMOVAL OF GUARDIAN AND 
 APPOINTMENT OF ANOTHER. 
 
 The petition of , a minor child of , 
 
 shows to the court that he is fourteen years of age, and resides 
 in said county, that he is not satisfied with his present guardian, 
 but desires his removal and wishes the court to appoint as 
 
 guardian of his person and property in said State, , 
 
 a resident of said State, who consents to act.
 
 GUARDIAN AND WARD 487 
 
 PETITION FOR LETTERS OF GUARDIANSHIP OF MINOR UNDKI; 
 FOURTEEN YEARS. 3046. 
 
 APPLICATION. 
 
 Georgia, County. 
 
 To , Ordinary of said County: 
 
 The petition of , a resident of said State. 
 
 shows that , of said county, aged respectively 
 
 years, are the children of , late 
 
 of said county, deceased, and that they are entitled to receive 
 
 from the estate of their . each the sum of 
 
 dollars, in and that it is necessary that they 
 
 should have a guardian appointed to take charge of their per- 
 sons and property. 
 
 Wherefore, petitioner prays that citation may issue and be 
 published in terms of the law, and if no sufficient reason be 
 shown to the contrary that he be appointed the guardian of 
 said minors. 
 
 Petitioner. 
 
 ORDER FOR CITATION. 3046. 
 
 Court of Ordinary: 
 
 Term, 19 
 
 Upon reading and considering the foregoing petition, ordered 
 that citation issue as required by law. 
 
 Ordinary. 
 
 CITATION. 3046. 
 
 Georgia, County. 
 
 To All Whom it May Concern : 
 
 , a resident of this State, having in due 
 
 form applied to the undersigned for the guardianship of the 
 
 person and property of ". , minor children of 
 
 , late of said county, deceased, notice is hereby 
 
 given that application will be heard at the
 
 488 GUARDIAN AND WARD 
 
 next court of ordinary for said county, on the first Monday 
 
 in , 19 
 
 Witness my hand and official signature, this day 
 
 of , 19.... 
 
 Ordinary County. 
 
 ORDER APPOINTING GUARDIAN. 3047. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 Upon reading and considering the application of 
 
 for letters of guardianship for , minors, 
 
 residing in said county, and it appearing that citation issued 
 and was duly published, and no objection having been filed ; and 
 
 appearing to be a proper person to be appointed 
 
 guardian, it is ordered that said be, and he is, 
 
 hereby appointed guardian of the person and property of the 
 
 said minor. . ., and that letters of guardianship issue to 
 
 upon taking and subscribing 
 
 the oath and giving bond and security as required by law in 
 the sum of dollars. 
 
 This day of , 19 
 
 , Ordinary. 
 
 OATH OF GUARDIAN. 3047. 
 
 Georgia, . County. 
 
 I, , do solemnly swear that I will well and 
 
 truly perform the duties required of me as guardian of 
 
 , and faithfully 
 
 account with my said ward. . for. estate. 
 
 So help me God. 
 
 Guardian. 
 
 Sworn to and subscribed before me, this 
 day of .'.., 19 
 
 Ordinary County.
 
 GUARDIAN AND WARD 489 
 
 BOND OF TEMPORARY GUARDIAN. 3046. 
 
 Georgia, County. 
 
 Know all Men by these Presents : 
 
 That we, , principal, and , 
 
 securit. . . ., are held and firmly bound unto 
 
 ordinary for said county, and his successors in office, in the just 
 
 and full sum of dollars, for the payment of which 
 
 sum to the said ordinary as aforesaid, and his successors in 
 office, we bind ourselves, our heirs, executors and administrators, 
 jointly and severally, firmly by these presents. 
 
 Sealed with our seals and dated this. . . .day of , 19. . . 
 
 The condition of the above obligation is such, that whereas 
 
 the said has been appointed temporary guardian 
 
 of Now, if the said do well 
 
 and truly demean self and faithfully discharge 
 
 duties as guardian aforesaid, agreeably to temporary letters of 
 guardianship bearing even date herewith, and agreeably to law 
 in such case made and provided the above obligation to be void, 
 otherwise to remain in full force and virtue. And we hereby 
 waive and renounce all benefit of homestead of realty and ex- 
 emption of personalty, under the laws of force in this State, as 
 fully and completely as we are authorized to do under said laws. 
 
 ., Principal [SEAL] 
 
 Security [SEAL] 
 
 Security [SEAL] 
 
 Executed in the presence of and approved 
 
 by me, this the. . . . day of , 19 ... 
 
 Ordinary. 
 
 OATH OF TEMPORARY GUARDIAN. 
 
 Georgia, County. 
 
 I do solemnly swear that I will well and truly perform the 
 duties required of me as temporary guardian, and, faithfully 
 account with my ward for estate. So help me God. 
 
 Guardian. 
 
 Sworn to and subscribed before me, this 
 day of , , 19 
 
 Ordinary County.
 
 490 GUARDIAN AND WARD 
 
 LETTERS TEMPORARY GUARDIANSHIP or PROPERTY. 
 
 Georgia, County. 
 
 By the Ordinary of said County. 
 To , Greeting: 
 
 Whereas , minor . . of , 
 
 possessed, in own right, of considerable estate 
 
 by means whereof the power of granting the temporary guar- 
 dianship of the property of the said 
 
 to me is manifestly known to belong ; and for the better securing 
 
 the estate of the said minor . . and the integrity 
 
 and confidence reposed in you and in pursuance 
 
 of an order lawfully appointing you and your compliance there- 
 with, I do hereby commit the temporary guardianship of the 
 
 property of the said to you the 
 
 said you assenting thereto by your acceptance 
 
 of these letters: 
 
 Herein charging you, That you inquire into and take charge 
 
 of estate, both real and personal, and all other 
 
 things do which by law you ought to do, for said ward-. . ; of all 
 which a true and perfect account you shall render to the court 
 of ordinary of said county, according to law, in every year 
 during your continuance in office, and turn over the said assets 
 to the permanent guardian, when appointed. 
 
 Witness my hand as ordinary, and seal of the said court, 
 this day of , 19. ... 
 
 Ordinary. 
 
 BOND OF GUARDIAN. 3047. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , 
 
 principal, and . , surety, are held and firmly 
 
 bound unto. , ordinary of said county, and his 
 
 successors in office, in the sum of dollars, payable 
 
 by the said , or either of them, their heirs, 
 
 executors, administrators or assigns, jointly and severally, to 
 be void on condition that the said shall faith- 
 fully' discharge all the duties of guardianship for the person
 
 GUARDIAN AND WARD 491 
 
 and property of as the law requires of him, 
 
 otherwise to remain in full force, power and virtue. 
 
 Witness our hands and seals, this day of , 19. ... 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Security [L. S.] 
 
 Security [L. S.]' 
 
 Executed in the presence of and approved 
 
 by 
 
 Ordinary County. 
 
 LETTERS OF GUARDIANSHIP. 3046. 
 
 Georgia, County. 
 
 To All Whom it May Concern: 
 
 Whereas, Application has been made in proper form for the 
 
 appointment of a guardian of the person and property of 
 
 , a minor residing in said county, child of , 
 
 late of said county, deceased, and has been, 
 
 by order duly passed, appointed guardian, and has given the 
 bond required and qualified as such, 
 
 Now, know ye, that the said is, by these 
 
 presents, authorized, empowered and directed to receive, collect 
 and take charge of the estate, both real and personal, of the 
 
 said and to do all other things which are 
 
 required of him by law, as guardian of said minor, with all the 
 authority and powers usual in such cases. 
 
 Witness my hand and seal of office this day 
 
 of." , 19 
 
 Ordinary. 
 
 PETITION TO BE RELIEVED AS SURETY. 3052. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , security on the bond given 
 
 b} for the guardianship of the estate of
 
 492 GUARDIAN AND WARD 
 
 , shows that the said desires 
 
 to be relieved as such security, for the following reasons, to wit : 
 [State misconduct of guardian in the discharge of his trust, or 
 other reason why surety desires to be relieved.] 
 
 CITATION. $3052. 
 
 The foregoing petition of , security 
 
 of , guardian of , praying to 
 
 be relieved from such suretyship, read and considered. 
 
 Ordered, that show cause at the next term 
 
 of this court, to be holden on the day of 
 
 next why said application should not be granted. Let a copy 
 
 of said petition, and of this order be served upon said 
 
 ten days before the next term of this court. 
 
 This day of , 19 
 
 Ordinary. 
 
 ORDER RELIEVING SURETY. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 A rule nisi having heretofore duly issued upon the petition 
 
 of , security upon the bond of ,. . ., 
 
 as guardian of , praying to be relieved from 
 
 such suretyship, and said rule having been duly served upon 
 
 said after hearing the evidence, Ordered 
 
 that said. be discharged from all future liability 
 
 as such security from the time new and sufficient security shall 
 
 be furnished by said , and said 
 
 is hereby required to give such new security or be discharged 
 from his trust. 
 
 This day of , 19 
 
 Ordinary.
 
 GUARDIAN AND WARD 493 
 
 SALES FOR REINVESTMENT. 3064, 3065. 
 
 PETITION OF GUARDIAN. 
 
 Georgia, County. 
 
 To the Hon , Judge of the Superior Court 
 
 of Said County: 
 The petition of shows : 
 
 1. That he is the guardian of. . . ., , heretofore 
 
 duly appointed as such guardian in said county. 
 
 2. That he desires to sell for reinvestment at private sale 
 the following property, the same being a part of the personal 
 
 estate of his said ward, to wit : 
 
 shares of the stock of 
 
 3. Said stock pays no dividend, an4 for some time past has 
 paid none, and is continually fluctuating in value, on account 
 
 of the fact that 
 
 and said investment has become a precarious one. 
 
 4. Petitioner desires to invest the proceeds of such sale in 
 to wit: [describing them.] 
 
 5. Petitioner shows that notice of his intention to make this 
 application has been published once a week for four weeks in 
 
 the newspaper, being the newspaper in which 
 
 county advertisements are usually published, as required by law. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Notary Public County, Georgia. 
 
 ADVERTISEMENT PRELIMINARY TO PETITION. 3065. 
 
 Georgia, County. 
 
 After four weeks' notice, pursuant to law, a petition, of which 
 a true and correct copy is subjoined, will be presented to the 
 
 Hon , judge of the Superior Court, at the 
 
 court house in said county, on the day of , 
 
 19 
 
 [Attach copy of petition referred to.]
 
 494 GUARDIAN AND WARD 
 
 ORDER TO SELL. 3065. 
 
 At Chambers, , Ga., . . . .day of , 19. ... 
 
 The foregoing petition of , guardian of 
 
 , for leave to sell for reinvestment certain of 
 
 the property of said to wit : 
 
 read and considered. 
 
 And it appearing, after careful examination into the matter, 
 and by evidence other than the verified petition, that the order 
 prayed for should be granted. 
 
 Ordered that said , guardian, be, and he is, 
 
 hereby authorized to sell said property [here the order should 
 fix the terms, time and place, specifying whether the sale shall 
 be public or private, and whether for cash or on credit, etc.] 
 
 Ordered further, that he do make report of such investment 
 as required by law. 
 
 Ordered further, that these proceedings be entered on the 
 minutes of the Superior Court of said county, and that said 
 guardian pay the cost of these proceedings out of the trust funds. 
 
 This day of , 19 
 
 j.s.c.. '.'.c. 
 
 ENCROACHMENT ON CORPUS. 3060. 
 
 PETITION OF GUARDIAN. 
 
 Georgia, County. 
 
 I'o the Ordinary of said County: 
 
 The petition of , guardian of , 
 
 respectfully shows that the property he holds as such guardian 
 
 of is entirely insufficient for his maintenance 
 
 and education; that the annual profits of whole estate of 
 
 in petitioner's hands amounts to the sum of ....... 
 
 dollars; that said necessary annual expenses 
 
 amount to. dollars ; that the welfare of said 
 
 and his best interest will be promoted by 
 
 selling a portion of property, and applying the 
 
 proceeds judiciously to the education and other necessary ex- 
 penses of the said
 
 GTTARDIAN AND WARD 495 
 
 Wherefore your petitioner prays leave to sell off a portion, 
 
 to wit (here describe the portion) of said estate 
 
 in his hands and direction as to how the same shall be appro- 
 priated. 
 
 ORDER TO ENCROACH ON CORPUS. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 The foregoing petition of , guardian of 
 
 , read and considered. 
 
 It appearing from the return of said , as 
 
 guardian, and from his statement made before me on oath as 
 to the actual value and income of the property of said ........ 
 
 that the annual profits thereof are insufficient for 
 
 proper support and maintenance, it is ordered by this court that 
 
 said guardian be, and he is, hereby authorized to sell 
 
 belonging to said minor, at the usual time and place, giving the 
 usual notice, and that he apply from the net proceeds of said 
 
 sale the sum of dollars annually until the same 
 
 is exhausted. 
 
 This day of , 19 
 
 Ordinary. 
 
 FINAL EECEIPT. 3083. 
 
 This is to certify that , guardian of the 
 
 undersigned , has this day paid over to said 
 
 the sum of dollars, in cash, and 
 
 has also turned over to said the following 
 
 property, to wit , and said money and property 
 
 have this day been received and accepted by said 
 
 in full settlement of all claims on the part of said 
 
 against his said guardian. 
 
 In witness whereof, the said has set his 
 
 hand and seal, this the day of. . . ; . ., 19. ... 
 
 Signed, sealed and delivered in presence of 
 N. P. and ex-officio J. P County, Ga.
 
 496 GUARDIAN AND 
 
 RESIGNATION OF GUARDIANSHIP. 3085. 
 
 PETITION. 
 
 Georgia, County. 
 
 To the Ordinary of said County : 
 
 The petition of , guardian of , 
 
 shows that he desires to resign his trust as such guardian, for 
 the following reasons, to wit: [set forth the reasons] and that 
 
 , of said county, is a suitable person, willing 
 
 to accept said trust. Wherefore petitioner prays to be allowed 
 to resign his said guardianship. 
 
 CITATION. 
 
 The foregoing petition read and considered. Ordered that 
 
 and , nearest of kin of 
 
 and , show cause before me at the next term of 
 
 this court to be holden in and for said county on the day 
 
 of , 19. . . ., why the relief prayed for in this 
 
 petition should not be granted. Let a copy of said petition and 
 of this order be served upon said named persons at least ten 
 days before said next term of our court 
 
 This day of , 19 
 
 Ordinary. 
 
 ORDER ACCEPTING RESIGNATION. 
 
 Georgia, County. 
 
 Court of Ordinary for Said County, 
 
 Term, 19 
 
 , guardian of , having 
 
 filed in this court his petition praying to be allowed to resign 
 his trust, and the facts alleged in said petition being shown to 
 
 the court to be true, and and , 
 
 nearest of kin to said , and , 
 
 the person named in said petition as a suitable person, willing 
 to accept said trust, having been duly cited to appear as required 
 by law, and the said signifying his willingness
 
 GUARDIAN AND WARD 497 
 
 to accept the same, and this court being satisfied that such 
 change of guardian will not be detrimental to the interests of 
 said ward, and no good cause being shown against it, ordered 
 
 that the resignation of as guardian aforesaid, 
 
 be accepted as prayed, and that he be discharged from his trust 
 on the following condition viz. : that he shall forthwith deliver 
 all property and pay all money held by him as such guardian, 
 upon a fair settlement of his accounts to his successor, and that 
 he file with the ordinary the receipt in full of his successor. 
 
 And . is hereby named as successor to said 
 
 , guardian as aforesaid. Let letters of guar- 
 dianship issue to said upon his taking and 
 
 subscribing the oath and giving bond in the sum of 
 
 dollars. 
 
 This day of , 19 
 
 Ordinary. 
 
 LETTERS OF DISMISSION. 3086. 
 
 PETITION FOR LETTERS. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , guardian of , 
 
 shows to the court that he has fully executed the trust devolved 
 on him, that he has complied with all his legal obligations as 
 
 guardian of , and prays the court to order the 
 
 usual citation to issue, in order that he may obtain letters of 
 dismission from such guardianship. 
 
 Guardian of. 
 
 ORDER FOR CITATION TO ISSUE. 
 
 Court of Ordinary 
 
 The above petition of that he may obtain 
 
 letters of dismission from his guardianship, having been read 
 and considered by me, ordered that the usual citation issue. 
 
 Ordinary.
 
 498 GUARDIAN AND WARD 
 
 CITATION. 
 
 Georgia, County. 
 
 , guardian of , having 
 
 applied to me for a discharge from his guardianship of 
 
 this is therefore to notify all persons concerned to file 
 
 their objections, if any they have, on or before the first Monday 
 
 in next, else will be discharged 
 
 from his guardianship as applied for. 
 
 Ordinary, County. 
 
 ORDER AUTHORIZING LETTERS. 
 
 Court of Ordinary, Term, 19. ... 
 
 The petition of , guardian of , 
 
 for dismission from his guardianship, having been duly filed, 
 and citation issued and served in proper time for disposal at 
 this term of the court, and it appearing to the court from a 
 
 strict examination of returns, accounts, and 
 
 vouchers, that he has fully and fairly executed his trust as 
 
 guardian of and there being no valid objection 
 
 offered why he should not be dismissed from his guardianship : 
 
 It is ordered by the court, That he be, and is hereby dis- 
 charged from said guardianship, and that letters of dismission, 
 as usual in such cases, be issued to him. 
 
 Ordinary, County. 
 
 PETITION TO SET ASIDE LETTERS. 
 
 To the Ordinary of County : 
 
 The petition of , formerly a ward of 
 
 , a guardian under the jurisdiction of this court, 
 
 shows to the court that at the term, 19. . . ., said 
 
 obtained from your court an order of discharge 
 
 from his guardianship of your petitioner, and a further order 
 to the clerk of your court to issue to him letters of dismission, 
 which letters were duly issued by said clerk, and which letters
 
 GUAKDJA.X AM) \YARD 499 
 
 and discharge your petitioner prays may be set aside on the 
 
 following grounds, to wit : that [set out the facts claimed 
 
 to authorize the setting aside of the letters of dismission] 
 
 In order to set aside such discharge and letters of dismission, 
 he prays that a rule nisi be issued by the court calling on said 
 
 to show cause why his discharge and letters 
 
 of dismission should not be set aside. 
 
 Petitioner. 
 
 RULE NISI. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 The above petition of to set aside the 
 
 discharge granted to , guardian of , 
 
 and to revoke his letters of dismission, being read and con- 
 sidered, it is ordered by the court that said show 
 
 cause, at the next term of the court, why his said discharge and 
 letters of dismission should not be set aside and annulled, for 
 the reasons stated in said petition^ and that a copy of the said 
 petition and of this rule be served on him, ten days before the 
 next term of this court. 
 
 Ordinary. 
 
 RULE ABSOLUTE. 
 
 Court of Ordinary, 
 
 Term, 19 
 
 A rule nisi having been taken at the last term of this court, 
 
 calling on , former guardian of , 
 
 to appear at this court and show cause why his discharge from 
 
 his guardianship of the person and property of 
 
 should not be set aside, and his letters of dismission revoked, 
 
 for reasons stated in petition of and it now 
 
 appearing that said rule has been properly served, and 
 
 having made the facts stated in his petition fully appear to the 
 
 court, and offering no sufficient answer to the 
 
 said charge and evidence adduced in support thereof, it is there-
 
 500 
 
 fore ordered by this court that said letters of dismission be, 
 and the same are, revoked, and that this discharge be, and the 
 same is, set aside. 
 
 Ordinary. 
 
 INVESTMENT OF TRUST FUNDS. 
 
 PETITION or GUARDIAN FOR LEAVE TO INVEST IN LANDS. 
 
 4008. 
 
 To the Honorable , Judge of Superior Court 
 
 County, Ga, : 
 
 The petition of , guardian of , 
 
 shows to the court that he has surplus funds in hand not neces- 
 sary for the support and maintenance of said ; 
 
 that it would be to the advantage of to invest 
 
 the same in land, and employ thereon ; that 
 
 the- amount of said funds is dollars ; therefore he 
 
 prays the court to allow him to invest said sum in tract of land 
 of said 
 
 This day of , 19 
 
 Guardian of, 
 
 ORDER GRANTING PETITION. 
 
 Office, Judge Superior Court. 
 
 At Chambers, day of , 19 .... 
 
 Tlie foregoing petition of , guardian of 
 
 , to invest dollars surplus funds 
 
 of in land, being read in this court, and the 
 
 court being satisfied, from the facts shown to it, that the prayer 
 of the petition should be granted, it is ordered by the court that 
 
 the said have leave to invest said 
 
 dollars, as prayed, having the title to the same executed to said 
 
 This day of , 19 
 
 Judge's.' C.'.'.'.'.'.'.'.'.'.'.'.'.'.'.C.
 
 GUARDIAN AND WARD 501 
 
 DEED TO MINORS WHEN THE GUARDIAN INVESTS UNDER 
 ORDER OF COURT. 
 
 Georgia, County. 
 
 This deed, made this the day of ". ., 19. . . ., 
 
 between , of the one part, and 
 
 and , minors of , of the other 
 
 part, witnesseth that, whereas the judge of the superior court 
 
 of said county, by an order passed this day of , 
 
 19. . . ., did authorize , as guardian of 
 
 and , to invest the sum 
 
 of dollars in the purchase of 
 
 for the benefit of said minors, and said , as 
 
 such guardian, having paid me said sum, now, therefore, in 
 consideration of the premises, and for the sum aforesaid so paid 
 
 me, I, , have bargained, granted, sold and 
 
 conveyed, and do by these presents bargain, grant, sell and 
 
 convey to said and . . . [describe the land] . . . ; 
 
 and the right and title of said land to said. and 
 
 I will forever warrant and defend. In 
 
 witness whereof I have hereto set 'my hand and seal. 
 
 [L.S.] 
 
 In presence of 
 
 DEED OF GUARDIAN TO PURCHASER AT PUBLIC SALE. 
 
 Georgia, County. 
 
 The judge of the superior court of the county aforesaid, 
 
 having on the day of , 19 . . . . , ordered the 
 
 sale of of , a minor, under the 
 
 guardianship of , and , the 
 
 guardian of having given notice of such sale 
 
 in the as to time and place of the same, as the 
 
 law requires, and having duly exposed said for 
 
 sale, in pursuance of said advertisement, at the court house door 
 of said county during the lawful hours of sale on the day
 
 502 GUARDIAN AND WARD 
 
 of , 19. . . . , and one , having 
 
 then and there bid off [he being the highest 
 
 and best bidder for the same], at the sum of dollars, 
 
 to be paid twelve months after date; now, therefore, this deed, 
 
 executed , 19 . . . . , between , 
 
 guardian of and , witnesseth that 
 
 said , as guardian as aforesaid, for and in 
 
 consideration of the sum of dollars, secured, to be 
 
 paid by the note of said and others, hath 
 
 granted, bargained, sold and conveyed, and doth by these pres- 
 ents grant, bargain, sell and convey unto said . . . '. 
 
 said so sold as aforesaid [here describe the 
 
 property], to have and to hold the same, with its rights and 
 
 appurtenances ; and said as such guardian 
 
 aforesaid, covenants that in all respects he has pursued the law 
 
 in selling In witness whereof said , 
 
 as guardian as aforesaid, hath hereto set his hand and seal, day 
 and year written above. 
 
 ' [L. S.] 
 
 As Guardian of 
 
 In presence of 
 
 ,, J. P. 
 
 Bond. Substantial compliance with provisions of Code, 3047, sufficient. 
 
 2 App. 525 (58 S. E. 777). 
 Descriptio personae. The following quoted words in deed conveying 
 
 certain realty to C. "as guardian of" F., minor, are not merely 
 
 descriptio personae, and C. was created a trustee for the minor 
 
 named. 144/732 (1) (87 S. E. 1055). 
 Oath. Substantial compliance with provisions of Code, 3047, sufficient. 
 
 2 App. 525 (58 S. E. 777). 
 Petition of minor suing by guardian need not allege when guardian 
 
 appointed nor by what court. 128/394 (2) (57 S. E. 722). 
 Returns. Pleading attacking duly allowed returns should specify 
 
 items and grounds of attack. 89/656 (1) (15 S. E. 906). 
 Settlement. Petition alleging that petitioner is 21 years of age, and 
 
 that defendant was her guardian, and asking that defendant be 
 
 cited to appear for account and settlement, substantially complied 
 
 with Code, 3076. 69/724 (1).
 
 HABEAS CORPUS 503 
 
 HABEAS CORPUS. 
 
 2972, 3022, 3022 (a), 4850 (1, 4) ; 1290-1316 P. C. 
 (In case of wife or child.) 
 
 PETITION FOR WRIT AT COMMON LAW. 2972 ; 1292 P. C. 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior 
 
 Court of said County: 
 The petition of shows the following facts: 
 
 1. Your petitioner is the legitimate father and sole surviv- 
 ing parent of ~ , a female child of the age 
 
 of years, and , a female child of 
 
 the age of 
 
 2. Petitioner shows that now and for some time past one 
 
 of said county has taken away from your 
 
 petitioner and illegally detaining in his possession and from the 
 
 custody of your petitioner the person of the said 
 
 and minor daughters of your petitioner as 
 
 aforesaid, harboring and restraining the said children at the 
 residence of the said defendant, in said county. 
 
 3. Petitioner avers that he did, to wit, on the day 
 
 of - , 19. . . ., demand the said children from the 
 
 said and since that time has frequently applied 
 
 to the said for the same, and has endeavored 
 
 to induce her to deliver to your petitioner the persons of the 
 said children. 
 
 4. Petitioner avers that nevertheless the said 
 
 fails, neglects and refuses to deliver said children to your peti- 
 tioner as in duty bound. 
 
 5. Petition shows that the defendant, is the 
 
 aunt of said children, being the sister of their deceased mother, 
 and the cause or pretence of her restraint of them is that [state 
 the claim of the defendant.] 
 
 6. Petitioner avers that said detention and restraint of 
 
 and his minor children aforesaid, 
 
 is illegal, because he is the father of said children and entitled 
 as such to their control and custody and to their services and 
 the proceeds of their labor, and he has not at any time by
 
 504 HABEAS CORPUS 
 
 contract or otherwise released his right to said 
 
 the defendant herein. 
 
 Wherefore, petitioner prays your Honor to grant to your 
 petitioner the State's writ of habeas corpus, directed to said 
 
 commanding and requiring her to produce 
 
 the persons of the said minors, to wit : and 
 
 before your Honor, at such time and place as 
 
 to your Honor shall seem meet and proper, to the end that what 
 appertains to justice may be done. 
 
 Petitioner's Attorney. 
 
 AFFIDAVIT OF PETITIONER. 1293 P. C. 
 
 Georgia, County. 
 
 In person appeared before the undersigned, a 
 
 in and for said county, , the petitioner named 
 
 in the foregoing petition, who on oath says, that the facts stated 
 in the above petition are true. 
 
 Sworn to and subscribed before me this 
 
 day of , 19 
 
 ,J.P. 
 
 FORM OF WRIT. 1295 P. C. 
 
 Georgia, -County. 
 
 To : 
 
 You are hereby commanded to produce the body of 
 
 , alleged to be illegally detained by you, together with 
 
 the cause of the detention, before me, on the day 
 
 of , at the , then and there 
 
 to be disposed of as the law directs. 
 
 Given under my hand and official signature, this the 
 
 day of '. .., 19 
 
 Judge Superior Court. 
 
 ENTRY OF SERVICE BY OFFICER. 1297 P. C. 
 
 Georgia, County. 
 
 Served the within writ by delivering a copy thereof to,
 
 HABEAS CORPUS 505 
 
 personally [or by leaving a copy thereof at the 
 
 house of where said and 
 
 are now detained.] 
 
 This day of , 19 
 
 [Official designation.] 
 
 ENTRY OF SERVICE BY CITIZEN. 
 
 Georgia, County. 
 
 comes before the undersigned, an officer 
 
 authorized to administer oaths, and on oath says that on the 1 
 
 day of , 19. . . . f he served the defendant 
 
 with a copy of the within writ, personally 
 
 [or by leaving a copy thereof at the house of said 
 
 where said and are now 
 
 detained.] 
 
 Sworn to and subscribed before me this 
 day of , 19 
 
 [Official designation.] 
 
 AFFIDAVIT FOR SEIZURE OF PERSON DETAINED. 1298 P. C. 
 
 (State the case.) 
 
 comes before the undersigned, an officer au- 
 thorized to administer oaths, and on oath says that he has reason 
 to apprehend that the defendant, in the above stated case, who is 
 detaining or holding the said in custody, will re- 
 move him beyond the limits of the county, or conceal him from 
 
 the officers of the law unless the body of the said 
 
 be arrested to be brought before the court. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 [Official designation.]
 
 506 HABEAS CORPUS 
 
 PRECEPT FOR THE ARREST OF THE BODY OF THE PERSON DE- 
 TAINED. 1298 P. C. 
 
 Georgia, County. 
 
 To the Sheriff, Deputy Sheriff, or any Legal Constable of said 
 County : 
 
 the applicant for the foregoing writ of 
 
 habeas corpus, having filed, along with his petition therefor, 
 
 his affidavit that he has reason to apprehend that 
 
 will remove and beyond the 
 
 limits of the county, or conceal them from the officers of the 
 law, you are hereby commanded to search for and arrest the 
 
 bodies of and so detained, 
 
 and bring them before me, to be disposed of as I may direct. 
 
 Herein fail not. 
 
 Witness my hand and official signature this day 
 
 of ,19 
 
 Judge Superior Court. 
 
 RETURN OF CUSTODIAN TO WRIT. 1299, 1300 P. C. 
 
 } Habeas Corpus before the Honora- 
 ble , Judge 
 of the Superior Court of 
 County. 
 
 At Chambers, , 19 .... 
 
 Now comes , respondent in the above named 
 
 and stated case, and for answer to the same, says : 
 
 1st. This respondent admits the allegations in the first 
 Paragraph of plaintiff's petition. 
 
 2nd. Answering Paragraph Two of said petition, respondent 
 says that the said named minors have been in the custody and 
 
 control of this respondent since , 19. . . ., 
 
 and are now in her custody, and she denies that said custody is 
 illegal or unlawful as will hereinafter appear. 
 
 3rd. Answering Paragraph Three of petition, this respondent 
 admits that petitioner has demanded the custody of said minors 
 and that she has refused said demand, and such refusal was 
 based on the grounds hereinafter set out.
 
 HABEAS CORPUS 507 
 
 4th. This respondent admits that she has refused to deliver 
 said children to petitioner, but denies that she is in duty bound 
 so to do. 
 
 5th. This respondent admits that she is the aunt of said 
 children, and her cause of their custody is hereinafter set out. 
 
 6th. This respondent denies the allegation in Paragraph Six 
 of the petition, and for further plea and answer thereto, says 
 
 that , the petitioner, delivered said 
 
 and to this respondent when 
 
 was only years old, and only 
 
 years old, in consideration that this respondent 
 
 would supply the care and attention of a mother of said children 
 [respondent being the aunt of said children], and educate and 
 maintain them until they arrived respectively at the age of 
 
 years. Respondent alleges that she has faithfully 
 
 given all care and attention to the said minors 
 
 and since she received them into her family, 
 
 and is both able and willing to provide and care for them and 
 educate them as she stipulated with the plaintiff she would do 
 when the said children were delivered to her. 
 
 Respondent admits the custody of the said minors, to wit 
 
 and and now produces their 
 
 bodies before the court to be disposed of according to law. 
 This day of , 19 
 
 Respondent's Attorney. 
 
 AFFIDAVIT TO RETURN. 1300 P. 0. 
 
 Georgia, County. 
 
 In person appeared before the undersigned, , 
 
 and on oath says that the statements contained in the foregoing 
 return are true. 
 
 Sworn to and subscribed before me this. . . . day of . . . . , 19 . . . 
 
 [Official designation.]
 
 508 HOMESTEAD AND EXEMPTIONS 
 
 JUDGMENT or. 1307 P. C. 
 
 (State the case.) 
 
 Upon hearing the evidence in the above stated case, it is 
 considered, ordered and adjudged by the court, that the custody 
 
 of . . and be, and the same is, 
 
 hereby awarded to It is further ordered that 
 
 the costs of these proceedings be paid by 
 
 It is further ordered that these proceedings be recorded on 
 the minutes of the court. 
 
 This day of , 19 
 
 HOMESTEAD AND EXEMPTIONS. 
 
 3377-3425, 6582-6590. 
 (Constitutional Homestead.) 
 
 APPLICATION FOR HOMESTEAD, AND EXEMPTION OF PEK- 
 
 SONALTY. 3378. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , a resident of said county, 
 
 shows : 
 
 First, that he is the head of a family, consisting of himself, 
 his wife, and five minor children, to wit, (state names and 
 ages), and that he desires, under the Constitution of Georgia 
 and the statutes in reference thereto, to have laid off and set 
 apart as a homestead for the use of said family on or out 
 
 of acres of land, the property of petitioner, 
 
 situated in said county, and described as follows, to wit: 
 
 containing acres, more or less, a portion of the 
 
 whole of said acres of land not to exceed in value 
 
 dollars. 
 
 Second. Petitioner also desires to have exempt and set apart 
 the personal property embraced in schedule A, hereunto attached,
 
 HOMESTEAD AND EXEMPTIONS 500 
 
 to which reference is made as a part of this his petition. Said 
 schedule contains a minute and accurate description of all the 
 personal property belonging to your petitioner. Schedule B, 
 hereunto attached, contains a correct list of the names and post 
 offices of the creditors of petitioner. 
 
 Third. Your petitioner prays that an order may issue to the 
 county surveyor of said county requiring him to lay off and 
 make a plat of a homestead for said family out of and from 
 
 said acres of land and make return thereof in 
 
 accordance with law. 
 
 Fourth, your petitioner asks that the usual notice in such 
 cases may issue and be published as required by law, and your 
 petitioner will ever pray. 
 
 Petitioner. 
 
 SCHEDULE OF ALL THE PROPERTY BELONGING TO 
 
 3378. 
 
 at the time of making the foregoing 
 
 application for homestead and exemption. 
 
 Realty acres of land, more or less, a full 
 
 description of which is given in the foregoing petition. 
 
 SCHEDULE A. (Personalty.) 
 
 SCHEDULE B. LIST OF CREDITORS. 
 
 Names. Postoffice Address.
 
 510 HOMESTEAD AND EXEMPTIONS 
 
 i 
 
 AFFIDAVIT TO PETITION. 
 
 Georgia, County. 
 
 In person comes before me , who on oath 
 
 says that the statements contained in the foregoing petition are 
 true; that the schedules contain a minute and accurate descrip- 
 tion of all the real and personal property owned by applicant, 
 and that the list of creditors thereto attached is complete, and 
 their postoffices correctly given, so far as they are known to 
 applicant. 
 
 Petitioner. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary. 
 
 OBJECTION TO SCHEDULE BY CREDITOR OF APPLICANT. 
 
 Georgia, County. 
 
 In the Court of Ordinary of said County. 
 
 And now comes , a creditor of , 
 
 whose name appears in the list of creditors, and objects to said 
 schedule and now specifies in writing the ground of his objec- 
 tion to be that said schedule is lacking in sufficiency and fulness 
 in this [state the defect.] 
 
 [Or, for fraud in the preparation and rendering of said 
 schedule in this ] 
 
 '[Or, that the value of said personalty is too low, being valued 
 
 at dollars, when the same is well and reasonably 
 
 worth the sum of dollars.] 
 
 [Or, that said survey was not properly made (stating the 
 impropriety therein).] 
 
 [Or, that the value of the premises so platted as a homestead 
 
 is stated as estimated to be of the value of dollars, 
 
 when in truth and in fact said premises are worth the sum 
 of dollars.] 
 
 Wherefore, said . . ., prays that appraisers may 
 
 be appointed to examine the property in question, and to value
 
 HOMESTEAD AND EXEMPTIONS 511 
 
 the same, and make return of their finding under oath as 
 required by law. This day of , 19. ... 
 
 Creditor. 
 
 APPLICATION FOB ORDER TO COUNTY SUBVEYOR. 3378 (4). 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of shows that he has applied 
 
 in terms of the law for the setting apart of a homestead, which 
 said -application is now pending in said court. Petitioner prays 
 that an order be passed directing the county surveyor to lay off 
 the homestead of petitioner allowed by the Constitution of 
 Georgia, and to make plat of the same as required by law. 
 
 This day of , 19 
 
 Petitioner. 
 
 ORDINARY'S ORDER TO SURVEY. 3378 (4). 
 
 Georgia, County. 
 
 In the Court of Ordinary for said County. 
 To , County Surveyor of said County : 
 
 of said county, having applied to me for 
 
 the setting apart of a homestead under the Constitution of 
 Georgia, and the laws passed in pursuance thereto. 
 
 You are hereby ordered to enter upon the following lands 
 
 of the said to wit, [set out a description of 
 
 the land as in the grant or deed], and lay off for a homestead 
 
 of realty for the said and family either the 
 
 whole of said lands or so much thereof as will not exceed in 
 
 value the sum of dollars, and make a plat thereto, 
 
 and return same to me, together with your estimate of the value 
 
 of said land so laid off by you, on or before the day 
 
 of , 19 . . . . , under oath, as prescribed by law. 
 
 Given under my hand and official seal this day 
 
 of !., 19 
 
 [SEAL] 
 
 Ordinary of ^ . County.
 
 512 HOMESTEAD AND EXEMPTIONS 
 
 NOTICE TO BE SERVED BY APPLICANT FOB HOMESTEAD AND 
 EXEMPTION UPON EACH CREDITOR. 
 
 Georgia, County. 
 
 To : 
 
 You are hereby notified that I have applied to the Ordinary 
 of said county for the setting apart of homestead and exemption 
 out of my property, as the head of a family, for the benefit of 
 myself and family, and that said application will be heard by 
 
 the Ordinary at his office on the day of , 
 
 19. . . ., at nine o'clock A. M. And I give you this notice as 
 one of my creditors. 
 
 This. ., day of , 19 
 
 Applicant. 
 
 CERTIFICATE AS TO NOTICE. 3381. 
 
 Notice published, and written notice mailed to 
 
 as required by law, this day of . . . ., 19. . 
 
 Ordinary. 
 
 AFFIDAVIT AS TO GIVING NOTICE. 3382. 
 
 Georgia, County. 
 
 Personally came before me the undersigned, , 
 
 who upon oath says that he has given notice in writing to 
 
 personally of the filing of his application for 
 
 homestead and exemption and of the day of hearing the same 
 
 and that said notices were served by him on the day 
 
 of , 19 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary.
 
 HOMESTEAD AND EXEMPTIONS 513 
 
 AFFIDAVIT OF PERSON SERVING NOTICES. 3382. 
 
 Georgia, County. 
 
 Personally before me came , who, on oath 
 
 says that as agent of , applicant, he has given 
 
 notice in writing of the filing of the application of 
 
 for homestead and exemption, and of the date of hearing the 
 same, to each of his creditors residing in the county personally, 
 
 and that said notices were all served on or before the day 
 
 of , 19 
 
 [Or, that deponent served such notices by leaving a copy at 
 the residence or house of business of his creditors.] 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary. 
 
 AFFIDAVIT OF APPLICANT AS TO PREPARATION OF NOTICES 
 
 AND FURNISHING THE SAME TO THE ORDINARY FOR 
 
 CREDITORS OUTSIDE OF THE COUNTY. 
 
 Georgia, .County. 
 
 Personally came before the undersigned attesting officer, . . . 
 
 , the subscriber, who, being duly sworn, on 
 
 oath says that he is the applicant for homestead and exemption 
 for himself and family now pending before the Ordinary, and 
 
 that on the day of , 19. . . ., more than 
 
 fifteen days before the time set for the hearing, he prepared 
 and delivered to the Ordinary written notices of the time and 
 place of hearing of said application, for each of his creditors 
 residing outside of the county and that he delivered said notices 
 to the Ordinary together with a stamped envelope for each 
 notice for the purpose of the Ordinary mailing said notices to 
 each of said creditors. Said creditors' names and postoffice 
 addresses being as follows: (here set out the names and post- 
 office addresses of the creditors served in this way.) 
 
 Applicant. 
 
 Sworn to and subscribed before me, this 
 the day of , 19. ... 
 
 Ordinary.
 
 514 HOMESTEAD AND EXEMPTIONS 
 
 RETURN OF SUEVEYOR. 3387. 
 
 Georgia, County. 
 
 And now comes , county surveyor of said 
 
 county, who on oath states that in obedience to an order of the 
 
 ordinary of said county, of date day of , 
 
 19. . . ., to him directed, he did on the day of , 
 
 19 . . . . , proceed to lay off a homestead of realty for 
 
 and family out of the land named in said order. A correct plat 
 of the said land so laid off as a homestead as aforesaid is hereto 
 attached. The value of said realty platted by the deponent for 
 exemption is, as estimated by deponent dollars. 
 
 County Surveyor. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary. 
 
 APPROVAL OF SURVEYOR'S RETURN BY ORDINARY. 3388. 
 
 Approved this day of , 19 .... 
 
 Ordinary of County. 
 
 APPOINTMENT OF APPRAISERS. 3388. 
 
 Georgia, County. 
 
 Office of Ordinary of said County. 
 To , and : 
 
 Whereas, , a creditor of , 
 
 whose application for homestead is pending before me, has 
 made objection to the schedule, etc. [state what the objection 
 is, as set out in the foregoing form], and 
 
 Whereas you are deemed to be disinterested parties, you are 
 hereby appointed to examine the said property concerning which
 
 HOMESTEAD AND EXEMPTIONS 515 
 
 the objection is made, and to value the same, and to make a 
 return of your finding in reference thereto under oath, as 
 required by law. 
 
 Witness my hand and official signature this day 
 
 of.. , 19.. 
 
 Ordinary. 
 
 RETURN OF APPRAISERS. 3388. 
 
 We, the undersigned appraisers, appointed by the ordinary 
 as before set forth, having examined the property concerning 
 which the objections are made, find the value of the property 
 
 to be dollars, and the personalty to be 
 
 dollars. As to other grounds of objections made we find [set 
 out the finding]. 
 
 Appraisers. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Ordinary of County. 
 
 SALE OF HOMESTEAD FOR REINVESTMENT. 3397. 
 
 PETITION. 
 
 + ~~ 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior 
 
 Court of said County: 
 
 The petition of and , his 
 
 wife, respectfully shows 
 
 1. Petitioners are residents of said county. 
 
 2. Petitioners show that heretofore, to wit, on the 
 
 day of , 19. . . ., a homestead in real property 
 
 and an exemption of personalty was set apart to the said 
 
 in terms of the law by the ordinary of said county. 
 
 3. A copy of the proceedings under which said homestead 
 and exemption were granted is hereto attached, marked exhibit 
 A, and the same is made a part of this petition.
 
 516 HOMESTEAD AND EXEMPTIONS 
 
 4. Petitioners desire that the homestead so set apart in the 
 land aforesaid be sold for reinvestment, for the following rea- 
 sons, to wit 
 
 Wherefore, the premises considered, petitioners pray that an 
 order of sale of the said property may be granted, that proceeds 
 of said sale shall be reinvested upon the same uses, according 
 to the statute in such cases made and provided. 
 
 This day of , 19 
 
 Plaintiff's Attorney. 
 
 ORDER FOR SALE OF HOMESTEAD PROPERTY. 
 
 Georgia, County. 
 
 Office of Judge of Superior Court. 
 
 At Chambers, , 19 .... 
 
 The above and foregoing application having been presented 
 to me, and after considering the same, it is considered, ordered 
 
 and adjudged that the same be granted, and 
 
 is hereby appointed commissioner to sell said property described 
 in said petition at private sale, and said commissioner shall 
 report said sale to me before such sale is perfected for confirma- 
 tion, and it further appearing that there are no liens upon said 
 property, it is ordered that the purchaser have and take said 
 property under said sale in fee simple, divested of any right 
 of homestead or exemption thereto, and said commissioner upon 
 said sale is ordered to hold the proceeds of said sale subject to 
 the further order of this court for re-investment, which said re- 
 investment shall be for the same uses and benefits as the original 
 homestead and so held by said family. It is further ordered 
 that said applicant pay the costs of this proceeding, and that 
 the same be recorded on the minutes of the clerk of the superior 
 court. This the. .... .day of , 19. ... 
 
 Judge of Superior Court. 
 
 CONFIRMATION OF SALE. 
 
 Georgia, County. 
 
 Office of Judge of Superior Court. 
 
 At Chambers, , 19 .... 
 
 , commissioner appointed to sell the home-
 
 HOMESTEAD AND EXEMPTIONS 517 
 
 stead property upon application of . and 
 
 , his wife, under an order heretofore made 
 
 on the day of , 19 . . . . , having reported to 
 
 me that he can sell the said homestead property for the sum 
 
 of $ to , the same to be paid in 
 
 cash, it is ordered that said sale be and the same is hereby 
 
 confirmed, and the said , commissioner, is 
 
 hereby ordered to execute good and sufficient deed in fee simple 
 to the purchaser of said property. 
 
 Judge of Superior Court. 
 
 LEVY AND SALE OF HOMESTEAD AFFIDAVIT. 3400. 
 
 Georgia, County. 
 
 Before me the undersigned, an officer of said State authorized 
 
 to administer oaths, personally appeared , 
 
 who on oath says that he is the plaintiff in execution for the 
 
 sum of . .. dollars, principal, dollars, 
 
 interest to date of judgment, and dollars, cost of 
 
 suit, predicated on a judgment recovered by deponent against 
 
 in the court of 
 
 county, on the day of , 19. . . ., and deponent 
 
 is seeking to proceed with the same. 
 
 That a homestead of realty and personalty has been applied 
 
 for and set apart out of the property of the said 
 
 defendant in execution, as provided for in the Constitution and 
 laws of this State. 
 
 That there is no property except the homestead aforesaid on 
 which to levy. 
 
 That to the best of affiant's knowledge and belief the plaintiff's 
 debt falls within one of the classes for which said homestead is 
 bound under the Constitution, to wit, that said debt is for the 
 purchase-money of said property [or otherwise, as the case 
 may be.]* 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. of County. 
 
 [*NOTE. 6583 of the Constitution subjects property set apart as a 
 homestead or exemption "for taxes, for purchase-money of the same,
 
 518 HOMESTEAD AND EXEMPTIONS 
 
 r 
 
 V. "" 
 
 for labor done thereon, for material furnished therefor, or for removal 
 of incumbrance thereon."] 
 
 COUNTER AFFIDAVIT. 3400. 
 
 Georgia, . . County. 
 
 Personally before the undersigned, an officer of said State 
 
 authorized to administer oaths, came , of said 
 
 county, who on oath says that a certain affidavit made by 
 
 , alleging that the homestead of deponent was 
 
 subject to a certain execution for dollars principal, 
 
 besides interest and cost*, predicated on a judgment rendered 
 
 in favor of said against deponent, in the 
 
 court of county, on the day of 
 
 19. . . ., was untrue, in this, to wit [set out the facts showing 
 the falsity]. 
 
 Sworn to and subscribed before me, this 
 day of.. , -. , 19 
 
 J. P County. 
 
 INDEMNIFYING BOND. 
 
 vs. 
 
 Georgia, County. 
 
 Fi. fa. issued from court, and 
 
 levied upon the property of defend- 
 ant in fi. fa. by and 
 
 property claimed as exempt from 
 levy and sale. 
 
 We, , principal, and , 
 
 security, hereby acknowledge ourselves jointly and severally 
 
 held and bound unto , constable aforesaid, in 
 
 the full amount of whatever damages may be recovered of said 
 by reason of his proceedings to sell the prop- 
 erty levied upon as aforesaid, for which amount, we bind our- 
 selves, our heirs, executors and administrators, firmly by these 
 presents.
 
 HOMESTEAD AND EXEMPTIONS 519 
 
 Witness our hands. and seals, this day of , 
 
 19.... 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of 
 
 SCHEDULE OF EXEMPT PROPERTY. 3416-3425. 
 (Statutory Homestead.) 
 
 Georgia, County. 
 
 To the Ordinary of said County ': 
 
 The following is the schedule of property of , 
 
 who is a citizen of said county ; a debtor, and the head of a 
 
 family, consisting of himself, his wife , and 
 
 minor children, to wit : aged. and 
 
 aged , claimed to be exempt from levy 
 
 and sale, for the use and benefit of his said wife and family, 
 under the laws of the State of Georgia. 
 
 1. The following described real estate (describe the land). 
 
 2. The following described property, which is in his posses- 
 sion, to wit: . 
 
 (NOTE: The applicant should set out and describe the property 
 which he claims to be exempt. It is not enough to set out a list of all 
 the property that the statute allows him, where he has no such 
 property. If the property is in the hands of an officer it would still be, 
 in contemplation of law, in his possession to such an extent as to 
 allow him to file the schedule, and claim it under this provision.) 
 
 AFFIDAVIT OF APPLICANT. 
 
 Personally appeared , the applicant for 
 
 exemption above set out, who, on oath, says that the same is a 
 
 true and correct schedule of property, which 
 
 is claimed to be exempt to deponent and family under the laws 
 of the State of Georgia, which deponent prays may be recorded 
 as provided by law. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 .. J. P.
 
 520 HUSBAND AND WIFE 
 
 Georgia, County. 
 
 I, , ordinary of said county, do certify 
 
 that the foregoing is the original schedule of property of 
 
 , claimed to be exempt by . . . 
 
 under the laws of the State of Georgia, and the same is recorded 
 in my office. 
 
 Given under my hand and seal of office this day 
 
 of , 19 
 
 [SEAL] 
 
 Ordinary. 
 
 Affidavit for sale of homestead property must show that there is no 
 other property on which to levy. 95/788 (23 S. E. 79). 
 
 Amendment converting proceedings by wife for exemption of hus- 
 band's property into exemption of property as that of wife as head 
 of family, not allowed. 109/704 (35 S. E. 139). 
 
 Application. Judgment setting apart homestead can not in collateral 
 proceeding be attacked for mere irregularities in application for 
 homestead, which are amendable and are cured by judgment. 13 
 App. 268 (1) (79 S. E. 160). Slight misnomer of partnership 
 creditor in list furnished ordinary will not vitiate proceedings. 
 80/595 (7 S. E 1 . 135). 
 
 Description of homestead property must be definite, to prevail over 
 title of bona fide purchaser without actual notice. 1 App. 425 (58 
 S. E. 124). 
 
 Schedule. Amendment of schedule so as to include omitted items of 
 assignment. 145/325 .(89 S. E. 203). The ordinary is not re- 
 quired to enter his approval on schedule of property filed by 
 debtor. 145/184 (3) (88 S. E. 949). Amendment allowed which 
 adds to schedule something omitted. .84/199 (10 S. E. 723). 
 
 Survey. Affidavit of surveyor not complying with statute, and schedule 
 required not attached to application, homestead invalid. 135/103 
 (68 S. E. 1022). "Northeast" instead of "Northwest," in return of 
 surveyor's plat, was clerical error. 101/388 (29 S. E'. 18). 
 
 HUSBAND AND WIFE. 2929-3011. 
 
 MARRIAGE. 2929-2943. 
 
 2932. (2413.) Prohibited degrees. Marriages between 
 persons related by affinity in the following manner are pro- 
 hibited, viz. : A man shall not marry his stepmother, or mother- 
 in-law, or daughter-in-law, or stepdaughter, or granddaughter
 
 HUSBAND AND WIFE 
 
 521 
 
 of his wife. A woman shall not marry her corresponding rela- 
 tives. Marriages within the degrees prohibited by this section 
 are incestuous. 
 
 LEVITICAL DEGREES. 
 
 Table of kindred and affinity wherein whosoever are related 
 are forbidden in Scripture and our laws to marry. A man may 
 not marry his 
 
 1. Grandmother. 
 
 2. Grandfather's wife. 
 
 3. Wife's grandmother. 
 
 4. Father's sister. 
 
 5. Mother's sister. 
 
 G. Father's brother's wife. 
 
 7. Mother's brother's wife. 
 
 8. Wife's father's sister. 
 
 9. Wife's mother's sister. 
 
 10. Mother. 
 
 11. Stepmother. 
 
 12. Wife's mother. 
 
 13. Daughter. 
 
 14. Wife's daughter. 
 Son's wife. 
 
 15. 
 
 KJ. Sister. 
 
 A woman may not marry her 
 
 1. Grandfather. 
 
 2. Grandmother's husband. 
 
 3. Husband's grandfather. 
 
 4. Father's brother. 
 .". Mother's brother. 
 
 6. Father's sister's husband. 
 
 7. Mother's sister's husband. 
 
 8. Husband's father's brother. 
 
 9. Husband's mothef's bro- 
 
 ther. 
 
 10. Father. 
 
 11. Stepfather. 
 
 12. Husband's father. 
 
 13. Son. 
 
 14. Husband's son. 
 
 lf>. Daughter's husband. 
 
 16. Brother. 
 
 17. Wife's sister. 
 
 18. Brother's wife. 
 
 19. Sou's daughter. 
 
 20. Daughter's daughter. 
 
 21. Son's son's wife. 
 
 22. Daughter's son's wife. 
 
 23. Wife's son's daughter. 
 
 24. Wife's daughter's daugh- 
 
 ter. 
 
 25. Brother's daughter. 
 
 26. Sister's daughter. 
 
 27. Brother's son's wife. 
 
 28. Sister's son's wife. 
 
 29. Wife's brother's daughter. 
 
 30. Wife's sister's daughter. 
 
 17. Husband's brother. 
 
 18. Sister's husband. 
 
 19. Son's son. 
 
 20. Daughter's son. 
 
 24. Son's daughter's husband. 
 
 22. Daughter's daughter's hus- 
 
 band. 
 
 23. Husband's daughter's son. 
 
 24. Husband's son's son. 
 
 25. Brother's son. 
 
 26. Sister's son. 
 
 27. Brother's daughter's hus- 
 
 band. 
 
 28. Sister's daughter's hus- 
 
 band. 
 
 29. Husband's brother's son. 
 .'!<). Husband's sister's son.
 
 522 HUSBAND AND WIFE 
 
 MABKIAGE LICENSE. 2936. 
 
 Georgia, County. 
 
 To any Judge, Ordained Minister of the Gospel, Justice of the 
 Peace, or Other Person Authorized to Solemnize: 
 
 You are hereby authorized and empowered to join 
 
 and in the holy state of matrimony, 
 
 according to the Constitution and laws of this State; and for 
 so doing this shall be your sufficient license. 
 
 And you are hereby required promptly to return this license 
 to me, with your certificate thereon, of the fact and date of 
 this marriage. 
 
 Given under my hand and seal this day of , 
 
 19 
 
 [SEAL.] 
 
 Ordinary. 
 
 CERTIFICATE. 
 
 Georgia, County. 
 
 I certify that and were 
 
 joined in matrimony by me this day of , 19* ... 
 
 Minister of the Gospel. 
 
 Eecorded this the day of , 19 .... 
 
 , Ordinary. 
 
 DIVORCE AND ALIMONY. 2944-2991. 
 
 FORM OF GROUNDS. 
 
 MENTAL INCAPACITY AT THE TIME OF MARRIAGE. 2945 (2). 
 
 Petitioner shows that at the time of the marriage of the said 
 
 petitioner with the said said was 
 
 a lunatic, mentally incapable of contracting marriage. 
 
 FORCE, FRAUD, ETC.' 2945 (4). 
 
 Petitioner shows that the said marriage between petitioner 
 
 and . is utterly void, and without binding force, 
 
 because petitioner did not consent thereto voluntarily and the 
 said pretended marriage was procured by fraud practiced by the
 
 HUSBAND AND WIFE 523 
 
 defendant upon the said petitioner, in this that at the time of 
 the said marriage petitioner was drunk, and his drunkenness 
 was brought about by the contrivance of the defendant to induce 
 petitioner's consent thereto, and petitioner's consent was ob- 
 tained by reason of said fraud and drunkenness. (2933, 
 2935.) 
 
 PREGNANCY AT THE TIME OF MARRIAGE. 2945 (5). 
 
 Petitioner shows that at the time of his said marriage with 
 the defendant as aforesaid, that defendant was pregnant by 
 some man other than the plaintiff and said pregnancy was 
 unknown to the plaintiff at the time of the marriage. 
 
 DESERTION. 2945 (7). 
 
 Petitioner shows that on the day -of , 
 
 19. . . ., more than three years before the filing of this libel, 
 
 the said without just cause wilfully deserted your 
 
 petitioner and has from the time of said desertion, continuously 
 persisted in the same, and resided apart from her. 
 
 CONVICTION OF FELONY. 2945 (8). 
 
 Petitioner shows that at the term, 19. . . ., of the 
 
 Superior Court of county, Georgia, the defendant 
 
 was convicted for an offence involving moral turpitude, to wit, 
 
 of the offence of and under such conviction 
 
 defendant was sentenced by the court to imprisonment in the 
 penitentiary for the term of two years [or longer, as the case 
 may be]. 
 
 2946. (2427.) Discretionary grounds. In case of cruel 
 treatment or habitual intoxication by either party, the jury, in 
 their discretion, may grant either a total or partial divorce. 
 
 CRUEL TREATMENT. 2946. 
 
 Petitioner shows that she was very affectionate and kind to 
 her said husband from the time of marriage until the
 
 />24 HUSBAND AND WIFE 
 
 day of , 19. . . ., and that during that time her 
 
 said husband had not the least cause to complain of your peti- 
 tioner; notwithstanding this the said defendant has treated 
 petitioner in a cruel and inhumane manner, so as to make it 
 impossible for her to continue her habitation with him and in 
 consequence thereof, on the day last mentioned, she separated 
 from the defendant and has ever since refused to renew her 
 cohabitation with him; petitioner specifies in part, the acts 
 constituting the cruel treatment of the defendant towards her 
 as follows: [Describe the acts of cruelty with particularity, 
 giving the time and place and circumstance of each.] 
 
 HABITUAL INTOXICATION. 2946. 
 
 Petitioner shows that defendant, disregarding his duties to- 
 ward her as her husband has been guilty of habitual intoxication 
 and has continued in a state of drunkenness for a period of 
 
 months last past, during which said period he has 
 
 much neglected his business, frequently absenting himself dur- 
 ing the entire night from home, and while present in the home 
 frequently cursing petitioner, and using to her vulgar and coarse 
 and degraded expressions, often threatening petitioner with 
 violence, and for the most part failing to supply the necessaries 
 of life for the use of petitioner and defendant's children, all 
 the result of habitual intoxication upon the part of the de- 
 fendant during the period aforesaid. 
 
 PETITION FOR DIVORCE. 2951. 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 The petition of Mary Doe, as plaintiff, against John Doe, 
 as defendant, alleges: 
 
 1st. That John Doe is a resident of said county. 
 
 2nd. That plaintiff is a resident of said county and State 
 and has been for more than twelve months previous to the filing 
 of this suit. 
 
 3rd. That on the day of , 19 , 
 
 plaintiff and defendant were married in said county, and lived 
 together as husband and wife up to and until the . .day
 
 HUSBAND AND WIFE 525 
 
 of , 19. . . ., when and at which time the 
 
 defendant abandoned and deserted plaintiff, and has wilfully 
 and continuously lived separate from plaintiff since said time 
 without any fault or excuse on the part of plaintiff. 
 
 4th. That whilst plaintiff and defendant lived together, 
 plaintiff made defendant a true and affectionate wife and gave 
 him no cause for complaint. 
 
 5th. That defendant is a healthy, able-bodied man about 
 thirty years of age, is a carpenter by trade and is capable of 
 earning and does earn dollars per day in said way. 
 
 6th. That there was born to plaintiff and defendant as the 
 issue of said marriage, one child, named Henry Doe, now about 
 years of age, and now in the custody of plaintiff. 
 
 7th. That since defendant abandoned and separated himself 
 from plaintiff, he has not contributed to the support of plaintiff, 
 nor to said child, and plaintiff has by her own w r ork had to 
 support herself and said minor. 
 
 8th. That neither plaintiff nor defendant has any property. 
 
 9th. Plaintiff asks the court to grant her a divorce from 
 said plaintiff, and she also asks for permanent alimony for the 
 support of herself and also for the support of said child until 
 he is twenty-one years of age, or until he is able to earn his 
 own living. Also, plaintiff asks for temporary alimony in the 
 
 sum of." dollars per month for the support of the 
 
 said child, and also a reasonable sum for her attorney's fees 
 for her attorneys for filing and prosecuting this suit, to wit, 
 the sum and amount of dollars. 
 
 Wherefore, plaintiff prays that process may issue, requiring 
 
 the defendant to be and appear at the next term of 
 
 Superior Court to answer petitioner's suit. 
 
 Plaintiff's Attorney. 
 
 At Chambers, , Ga., , 19. ... 
 
 The above and foregoing petition has been read and con- 
 sidered. Let it be filed and the defendant served, and let him 
 show cause before me at Chambers at my office in the court- 
 house in the city of , at nine o'clock, A. M., on 
 
 , 19 . . . . , why the prayer for temporary alimony 
 
 and counsel fees should not be had and allowed. 
 
 Judge of Superior Court.
 
 526 HUSBAND AND WIFE 
 
 FORM OF PROCESS. 
 
 Mary Doe ") Petition for divorce 
 
 vs. In Superior Court, 
 
 John Doe 3 Term, 19 
 
 The defendant, John Doe, is required personally or by attor- 
 ney to be and appear at the next term of Superior 
 
 Court to be held on the second Monday in , 19 . . . . , 
 
 then and there to answer plaintiff's suit, as in default thereof 
 the court will proceed as to justice may appertain. 
 
 Witness the Honorable , Judge of the 
 
 Superior Court, this , 19 .... 
 
 Clerk of Superior Court. 
 
 OKDEK OF JUDGE ALLOWING ALIMONY AND COUNSEL FEES. 
 
 Office of Judge of the Superior Court. 
 At Chambers, , Ga., , 19 .... 
 
 Marv Doe 1 Application for divorce and temporary 
 ^ I alimony and -counsel fees. 
 
 John Doe In Superior Court, 
 
 J lerm, 19 .... 
 
 The above named and stated case coming on for a hearing, 
 and after hearing the evidence thereon and argument, it is con- 
 sidered, ordered and adjudged that the defendant, John Doe, do 
 
 pay to the clerk of this court on or by the day of 
 
 19. . . ., and monthly thereafter, until further order, the sum 
 of dollars per month, for the support and main- 
 tenance of Mary Doe, his wife, and also the further sum of 
 dollars per month for the support and mainte- 
 nance of his said child, Henry Doe, during the minority of 
 said child, the said sum to be turned over by the clerk to Mary 
 
 Doe, and also on said day of to said clerk 
 
 the sum of dollars for counsel fees for , 
 
 and the remaining sum of a fee of dollars on the 
 
 day of the term, 19. . . ., of this court, all 
 
 of which is so ordered. 
 
 Judge of Superior Court.
 
 HUSBAND AND WIFE 527 
 
 PETITION FOR RULE ABSOLUTE AND ATTACHMENT. 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior 
 
 Court : 
 
 The petition of Mary Doe shows to your Honor the following 
 facts : 
 
 1st. That on the day of , 19 . . . . , your 
 
 Honor passed an order in the application of petitioner for 
 alimony against her husband, John Doe, that he should pay on 
 
 the, day of , 19 . . . . , for her support and 
 
 maintenance, the sum of dollars to the clerk of 
 
 this court, and also the further sum at the said time of 
 
 dollars, on the day of , for the support and 
 
 maintenance of his said child, Henry Doe. Said John Doe 
 was served with said petition for alimony and was in court at 
 the time said order was made and had notice of the same. Your 
 petitioner asks an order calling upon the said John Doe to show 
 cause, if any he has or can, why he has not paid said alimony, 
 and in default of a good and sufficient excuse, that he show 
 further cause why he should not be attached for contempt, in 
 disobeying the order of this honorable court. 
 
 Attorney for Petitioner. 
 
 ORDER NISI. 
 
 Mary Doe ^ Application for order to show cause and 
 
 vs. attachment for contempt in 
 
 John Doe Superior Court, , 19 ... 
 
 The above and foregoing petition, having been presented to 
 me, and after consideration, it is considered, ordered and ad- 
 judged that the respondent, John Doe, show cause before me at 
 
 chambers, at my office in the courthouse in the city of , 
 
 on the day of , 19 . . . . , at nine o'clock, 
 
 A. M., why the prayer of petition should not be had and allowed, 
 and why he should not be attached for contempt for his failure 
 
 to obey the order granted on , 19. . . ., 
 
 requiring him to pay alimony as set out in said petition. Let 
 him be served at once with a copy of this order. 
 
 Judge of Superior Court.
 
 528 HUSBAND AND WlFE 
 
 ABSOLUTE. 
 
 Mary Doe "| Order to show can so and attachment for 
 
 vs. contempt in Superior Court, 
 
 John Doe , 19 
 
 The above and foregoing case coming on for a hearing, and 
 it appearing that the defendant has been served as required in 
 said order, and he failing to show good and sufficient cause to 
 the contrary, it is ordered that said rule be made absolute and 
 that the said John Doe is in contempt of this court, and that 
 
 on his failure to comply with said order of , 
 
 19. . . ., instanter, that he be and he is hereby committed to the 
 
 common jail of county by the sheriff, then and 
 
 there to be safely and securely kept in custody until he complies 
 
 with said order of , 19. . . ., and purge himself 
 
 of the contempt of this court. The sheriff will execute this 
 order. This ,19 
 
 Judge of Superior Court. 
 
 PETITION FOE DIVORCE. 2951. 
 (Another Form.) . 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of ., of said county, shows: 
 
 1. That on the day of , 19 . .* . . , plaintiff 
 
 and one , of said county, then a single woman, 
 
 intermarried in due form of law, to wit, in county, 
 
 State of 
 
 (a) That your petitioner and said lived 
 
 together as husband and wife until the day of 
 
 19. . . ., your petitioner in the meantime performing all of the 
 duties of a faithful and affectionate 
 
 2. Petitioner was then, and has been since, a bona fide 
 resident of the State of Georgia twelve months next before the 
 filing of this application. 
 
 3. Petitioner avers that heretofore, to wit, on or about the 
 
 day of , 19. . . ., said did 
 
 commit the offence of adultery with one , and 
 
 that as soon as the said criminal conduct of the said . ,
 
 HUSBAND AND WIFE 529 
 
 came to the knowledge of petitioner instantly separated 
 
 from and lias not condoned said offence. 
 
 4. That on divers days and times since last mentioned date 
 and the filing of this action defendant has committed, adultery 
 with the said 
 
 5. Petitioner further shows that the issue of said marriage 
 
 now living are one boy named aged y ears > 
 
 and one girl named aged years. 
 
 6. Petitioner hereto attaches a schedule on oath of all the 
 property owned or possessed by the plaintiff and defendant at 
 the time of this application [or at the time of the separation, if 
 the parties have separated], which said schedule distinguishes 
 the separate property of the wife. 
 
 Wherefore, petitioner prays 
 
 (1) That a total divorce from defendant, that is to say a 
 divorce a vinculo matrimonii upon legal principles, be granted 
 between the petitioner and the said 
 
 (2) That the custody of the two children above mentioned 
 be awarded to petitioner. 
 
 (3) That defendant be enjoined from disposing of and in 
 any manner encumbering the property mentioned in the schedule 
 hereto attached, until the further order of this court. 
 
 Wherefore, petitioner prays that process may issue directed 
 
 to the defendant requiring to be and appear 
 
 at the next Superior Court to be held in and for said county, 
 to answer your petitioner's petition for total divorce. 
 
 Petitioner's Attorney. 
 
 (NOTE. If the petitioner is the wife and she desires alimony the 
 following clauses may be added to the above petition:) 
 
 7. Petitioner prays that the name which she bore before her 
 marriage to wit .be restored to her. 
 
 8. That a reasonable provision for permanent alimony be 
 made for her support and the support of the children above 
 mentioned out of the property of the defendant. 
 
 9. That defendant be required to pay a reasonable sum into 
 court to defray the expenses of this action, and for counsel fees, 
 and that he pay to petitioner such further sums for temporary 
 alimony for the support of herself and her children during the 
 pendency of these proceedings as may seem just to the court.
 
 530 HUSBAND AND WIFE 
 
 SCHEDULE. 
 
 Schedule of property owned and possessed by 
 
 and ...."* at the time of filing the above petition. 
 
 Property of 
 
 [Specify the items.] 
 
 Property of 
 
 [Specify the items.] 
 
 Georgia, County. 
 
 Personally appeared before the undersigned 
 
 who on oath says that the foregoing is a true and correct schedule 
 of the property owned or possessed by the parties at the time 
 of the application [or at the time of the separation, if the parties 
 have separated]. 
 
 Sworn to and subscribed before me this day 
 
 of.. ,19.. 
 
 Clerk Superior Court County. 
 
 CITATION BY THE CLERK. 
 
 (NOTE: To the petition should be attached the process, as in 
 ordinary cases.) 
 
 SHERIFF'S RETURN. 
 
 I have this day served the defendant, personally (or by 
 
 leaving a copy at the residence of ) with a 
 
 copy of the within petition and process. 
 
 This day of , 19 
 
 Sheriff. 
 
 [Or] I have made diligent search for the defendant named 
 in the foregoing petition and return that the defendant does
 
 HUSBAND AND WIFE 
 
 not reside in said county of This, 
 
 of ,19 
 
 Sheriff. 
 
 ORDER TO PERFECT SERVICE. 
 
 Petition for divorce in 
 
 Superior Court Term, 19. . . . 
 
 It appearing to the court by the return of the sheriff in the 
 above stated case that the defendant does not reside in said 
 
 county, and it further appearing that does not 
 
 reside in this State : 
 
 Ordered by the court that service be perfected on the defend- 
 ant by the publication of this order twice a month for two months 
 before- the next term of this court, in the public gazette of said 
 county in which sheriff's sales are ordinarily published. This 
 day of , 19... 
 
 And it is so ordered. 
 
 JudgeS. C C. 
 
 SERVICE BY PUBLICATION". 
 
 Mary Doe ~} Petition for divorce 
 
 vs. In Superior Court, 
 
 John Doe Term, 19 
 
 To the defendant, John Doe: 
 
 The plaintiff, Mary Doe, having filed her petition for divorce 
 against John Doe, in this Court, returnable to this term of the 
 Court, and it being made to appear that John Doe is not a resi- 
 dent of said County, and also that he does not reside within 
 the State, and an order having been made for service on him, 
 John Doe, by publication, this, therefore, is to notify you, John 
 
 Doe, to be and appear at the next term of Superior 
 
 Court to be held on the Monday in ..'...., 19 ..., then 
 
 and there to answer said complaint. 
 
 Witness the Honorable , Judge of the Su- 
 perior Court. This , 19. ... 
 
 Clerk.
 
 532 III SBAND AND Wil'E 
 
 ANSWER AND CROSS-PETITION. 
 
 Mary Doe ) Petition for divorce 
 
 vs. In Superior Court, 
 
 John Doe Term, 19 .... 
 
 Now comes the defendant in the above named and stated case 
 and for answer therein, says : 
 
 1st. Defendant admits the allegations in Paragraph One. 
 
 2nd. Defendant admits the allegations in Paragraph Two. 
 
 3rd. Defendant admits the allegations in Paragraph Three 
 as to the fact that plaintiff and defendant were married and 
 
 lived together until the day of , 19 . . . . , 
 
 but denies that he has wilfully and continuously deserted her 
 since that time, and defendant denies that said separation was 
 without any fault on the part of the plaintiff. 
 
 4th. Defendant denies the allegations in Paragraph Four. 
 
 5th. Defendant denies that he is a healthy and able-bod iod 
 man; on the contrary, he alleges that for the past three or four 
 years his health has been bad and that during that time and up 
 until now, he has been in failing health and has been unable to 
 work more than one-half of the time. Defendant admits that 
 he is a carpenter and that during the time that he is able to 
 work he receives $3.00 per day for his work. 
 
 6th. Defendant admits the allegations in Paragraph Six. 
 
 7th. Defendant denies the allegations in Paragraph Seven. 
 
 8th. Defendant admits the allegations in Paragraph Eight. 
 
 9th. Defendant denies that the plaintiff is entitled to the 
 prayers or any one of the prayers as set forth in Paragraph 
 Nine. 
 
 10th. For further plea in this behalf, this defendant alleges 
 that the defendant is an habitual drunkard ; that previous to the 
 time of the separation, she was habitually drunk and took no 
 care and had no care for her household duties and did not per- 
 form them ; that she gave no care or attention to the said child, 
 Henry Doe, and that this defendant had to provide for him by 
 getting defendant's mother to care for him, but that subsequently 
 plaintiff took said child away from defendant's mother and took 
 him into her own custody; that plaintiff refused to cook for 
 defendant and prepare his meals, and for that reason he had to 
 get his meals elsewhere ; that on the date of the alleged separa- 
 tion, the plaintiff assaulted and beat defendant with a piece of 
 stove wood and cruelly treated him ; that defendant is afraid to
 
 HUSBAND AND WIFE 533 
 
 live with the said plaintiff for foar that she will kill him as she 
 has often threatened to do, and defendant files this his cross-bill, 
 and, upon the facts and allegations set out in this paragraph, 
 he pravs that the court grant him a total divorce from the plain- 
 tiff. 
 
 Defendant having fully answered plaintiff's petition, prays 
 that the matters hereinbefore set out may be inquired of by the 
 country. 
 
 Defendant's Atty. 
 
 VERDICT A VINCUIX). 2957. 
 
 (First verdict.) 
 
 We, the jury, find that sufficient proofs have been submitted 
 to our consideration to authorize a total divorce ; that is to say, 
 a divorce a vinculo matrimonii, upon legal principles between 
 the parties in this case. 
 
 This day of ,19 
 
 Foreman. 
 
 (Second verdict.) 
 
 We the jury, etc. [Find as above, and add] : 
 
 We fix the rights and disabilities of the parties as follows: 
 
 We award that out of the schedule property 
 
 dollars be allowed to plaintiff, as permanent 
 
 alimony. We allow to each of the minor children for their per- 
 manent support dollars per month during the mi- 
 nority of each child, to be paid to their mother, said plaintiff, the 
 title of the balance of the property to remain unchanged. 
 
 We return to the plaintiff her former name, to 
 
 wit. 
 
 We. further find that the petitioner may marry again but that 
 the defendant shall not. 
 
 This day of 19 
 
 J. S. C.. C.
 
 534 s HUSBAND AND WIFE 
 
 DECREE OF COURT FOR TOTAL DIVORCE. 
 
 -,.- ^ Petition for total divorce in Su- 
 
 Mary Doe . ~ 
 
 " perior Court, 
 
 T T Vv Term, 19. . , and ver- 
 
 John Doe ,. , ,. , . ,.~ 
 
 j diet ior plaintm. 
 
 In the above named and stated case, two concurrent juries 
 in this Court, at different terms, having found a verdict for the 
 plaintiff, granting a total divorce, it is considered, ordered and 
 adjudged by the Court that the marriage entered into between 
 the parties heretofore, be, and the same is hereby, annulled and 
 dissolved, and the said Mary Doe has the right to marry again, 
 and that the said John Doe labor under the disability of not 
 being able to marry again as found by the jury. Also that the 
 plaintiff, Mary Doe, have her name changed from Mary Doe 
 to her maiden name, Mary Roe, as prayed in the petition; the 
 custody of the minor child, Henry Doe, is awarded to his 
 mother. Also that the plaintiff do recover of the defendant 
 
 the sum of $ for permanent alimony for her own 
 
 support and maintenance, and also the further sum of 
 
 $ per month for the support and maintenance of 
 
 Henry Doe until his majority, said amount to be paid to the 
 Clerk of this Court and by him paid over to plaintiff for his 
 
 use on the first day of each month, beginning 
 
 19. . . ., and monthly thereafter. 
 
 Judge of Superior Court. 
 
 It is further ordered that the plaintiff, for the use of the offi- 
 cers of Court, do recover of the defendant, the sum of 
 
 dollars and cents, cost of this case. Decree signed 
 
 and entered this .... day of , 19 
 
 Judge of Superior Court. 
 
 VERDICT A MENSA. 
 
 We, the jury, find that sufficient proofs have been submitted 
 to our consideration to authorize a partial divorce between the 
 parties; that is to say, a divorce a mensa et thoro. This 
 day of ,19 
 
 Foreman.
 
 HUSBAND AND WIFE 535 
 
 JUDGMENT A MENSA. 
 
 Whereupon, it is ordered and decreed by the court, upon the 
 verdict in this case, that a divorce a mensa et thoro, that is to 
 say, from bed and board, be declared and established between 
 the parties. 
 
 It is further ordered that the defendant pay the sum of. ... 
 
 dollars and cents, costs of suit. This 
 
 day of , 19 
 
 JudgeS. C C. 
 
 REMOVAL, or DISABILITIES. 2966-2969. 
 
 PETITION. 2966. 
 
 GEORGIA, County. 
 
 To the Superior Court of Said County: 
 
 1. The petition of shows that heretofore, to 
 
 wit, on the day of , 19- . . . , 
 
 then the wife of petitioner, filed her petition to the Superior 
 Court of said county for divorce, the same being made return- 
 able to the. term, 19. . . ., of said court. 
 
 2. The grounds alleged for divorce in said case were [state 
 the grounds]. 
 
 3. That after two concurrent verdicts at different terms of 
 the court, a final decree of total divorce was made in said suit 
 at the term, 19. . . ., of said court. 
 
 4. Petitioner shows that by the last verdict aforesaid the 
 
 marriage relation between and your petitioner 
 
 as to the said marriage was totally dissolved, yet the disabilities 
 of your petitioner were not removed and was so expressed in 
 the decree, and that he is still laboring under the disabilities 
 imposed upon him by reason of his intermarriage with the 
 
 said , who is still in life, and who resides in 
 
 said county. 
 
 Petitioner prays that the disabilities fixed by said decree 
 now resting upon, him under and by virtue of said verdict may 
 be removed, and that he be permitted to marry again as if said 
 marriage with the said had never been solem- 
 nized. 
 
 Petitioner's Attorney.
 
 536 HUSBAND AND WIFE 
 
 NOTICE OF APPLICATION. 2966. 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 The petition of John Doe shows to the Court the following 
 facts : 
 
 1st. That on the day of , 19 , 
 
 Mary Doe,. the then wife of petitioner, filed her suit in the Su- 
 perior Court of said County for divorce against petitioner, and 
 
 that subsequently on the day of , 
 
 19. . . ., at the regular term of said Court, a 
 
 second verdict was obtained in said case, the tenor and effect 
 of said verdict is that sufficient proofs have been submitted to 
 the jury to authorize a total divorce between the parties ac- 
 cording to the legal principles, that is to say, a total divorce a 
 vinculo matrimonii, and said verdict found further that the 
 said Mary Roe be allowed to marry again, but that petitioner 
 was left under disability without the right so to do. 
 
 2nd. Petitioner further shows that the ground for divorce 
 set out in said petition by Mary Roe was that petitioner had 
 wilfully and continuously deserted her. 
 
 3rd. Plaintiff further shows that said Mary Roe is a resi- 
 dent of this county, and petitioner prays that she be served with 
 a copy of this petition twenty days before the next term of this 
 Court, to which the same is returnable, at which time petitioner 
 will show to the court that he has published a notice of this 
 application for sixty days previous to said term, as required by 
 the law, and that the prayer of this petition be granted and the 
 disabilities of petitioner be removed and that he be allowed to 
 marry again. JOHN DOE. 
 
 (NOTE. Notice of said application must be published for sixty days 
 before the first day of the term of the court to which it is returnable, 
 in the newspaper in which the legal advertisements of the ordinary or 
 sheriff are published, stating where and when the same is to be heard. 
 If the divorced person still lives in the county he or she shall be served 
 personally with notice of such application twenty days before said term. 
 2966.) 
 
 NOTICE TO BE PUBLISHED. 
 
 Georgia, County. 
 
 To Whom it May Concern: 
 
 John Doe hereby gives notice that at the,
 
 HUSBAND AND WIFE 537 
 
 term of Superior Court of said County, to be held on the 
 
 Monday in , 19 . . . . , he will apply 
 
 to said Court by petition to be relieved of his disabilities placed 
 upon him by the verdict of the jury in the case of Mary Doe vs. 
 John Doe, in a suit for divorce by Mary Doe against John Doe 
 
 tried at the term, 19. . . ., of said Court, 
 
 wherein a total divorce was granted between the parties, and 
 petitioner, John Doe, was left under the disability of not being 
 allowed to marry again, and John Doe publishes this notice as 
 
 required by law. This day of , 
 
 19. .. JOHN DOE. 
 
 VEKDICT OF THE JURY. 2968. 
 
 We, the jury, find in favor of the petitioner and that his dis- 
 abilities be removed and he be allowed to marry again as prayed. 
 
 Foreman. 
 
 JUDGMENT. 2968. 
 
 Whereupon, it is considered, ordered and adjudged by the 
 
 court that the petitioner, , be released 
 
 of the disabilities imposed upon him by his intermarriage with 
 
 and that he be permitted to marry again, as 
 
 though no marriage had ever existed between him and said 
 
 It is further ordered that the said pay the 
 
 cost of this proceeding. This day of , 
 
 19.. 
 
 J. S. C ..C. 
 
 PETITION FOR PERMANENT AND TEMPORARY ALIMONY WHERE 
 No SUIT FOR DIVORCE PENDING. 2986. 
 
 To the Honorable , Judge of the Superior 
 
 Court of Said County : 
 
 The petition of Mary Doe, as plaintiff, against John Doe, as 
 defendant shows: 
 
 1st. That John Doe is a resident of said county.
 
 538 HUSBAND AND WIFE 
 
 2nd. That on the day of , 19 , 
 
 plaintiff and defendant were married in the City of , 
 
 in said State and county. 
 
 3rd. That plaintiff and defendant lived together as husband 
 
 and wife until on or about the day of , 
 
 19. . . ., at which time the defendant wilfully deserted plaintiff 
 and has continuously abandoned her since said time. 
 
 4th. That during the time they lived together, plaintiff 
 made defendant a faithful and affectionate wife, and defendant 
 abandoned her without any cause or reason on her part. 
 
 5th. That there was born to plaintiff and defendant as the 
 issue of said marriage, one child, Henry Doe, at this time 
 
 years of age, who is in the custody and possession of 
 
 plaintiff. 
 
 6th. That defendant is an able-bodied, healthy man, 
 
 years of age; that he is capable of earning and does earn as a 
 
 railroad engineer the sum of dollars per month ; 
 
 that plaintiff has no property of her own and no means of sup- 
 porting said child, except by her own work and labor. 
 
 Yth. That plaintiff and defendant are now living apart and 
 are in a bona fide state of separation. 
 
 8th. Plaintiff brings this petition asking for permanent 
 alimony against the said defendant for the support of herself 
 
 and child, to wit, the sum of dollars per month 
 
 for her own support and maintenance, and the sum of 
 
 dollars per month for the support and maintenance of said child 
 until its majority or until it becomes of sufficient age to become 
 
 self-supporting, and also the further sum of dollars 
 
 as reasonable attorney's fees for counsel for the filing and prose- 
 cution of this suit. 
 
 Wherefore, plaintiff prays that process may issue requiring 
 
 the defendant to be and appear at the next term of 
 
 Superior Court, to answer plaintiff's syit, and also that an order 
 be made requiring the defendant to show cause after proper 
 notice why in the meantime he should not pay temporary ali- 
 mony and attorney's fees as herein prayed. 
 
 Plaintiff's Attorney. 
 
 ORDER NISI. 
 
 At Chambers, , Ga., , 19 .... 
 
 The above and foregoing petition has been read and consid-
 
 HUSBAND AND WIFE 539 
 
 ered. Let it be filed and let the defendant be served and show 
 
 cause before me at Chambers in the courthouse at 
 
 Georgia, on the day of , 19 . . . . , at 
 
 nine o'clock, A. M., why the prayer for temporary alimony and 
 counsel fees should not be had and allowed as prayed. 
 
 Judge of the Superior Court. 
 
 (NOTE: Process should be attached to this petition in the regular 
 way as in any other suit and the defendant served.) 
 
 ORDER TO PAY ALIMONY AND COUNSEL FEES. 
 
 At Chambers, , Ga., . , 19 . . . 
 
 "Mary Doe } Application for temporary alimony in 
 
 vs. Superior Court, 
 
 John Doe J , . , 19 
 
 The above named and stated case coming on for a hearing for 
 temporary alimony and attorney's fees, and after hearing evi- 
 dence thereon, it is considered, ordered and adjudged that the de- 
 fondant, John Doe, do pay to the Clerk of the Superior Court 
 
 of County on or by the day of , 
 
 19. . . ., and on the first day of each month thereafter, as tempo- 
 rary alimony as prayed in plaintiff's petition, the sum of 
 
 dollars, for the support and maintenance of Mary Doe, 
 
 and also the further sum of dollars, for the support and 
 
 maintenance of Henry Doe, the child of plaintiff and defendant 
 in plaintiff's custody and possession; said sums of money to be 
 turned over when paid to the plaintiff; and also the further sum 
 
 of dollars for counsel fees for , attorney 
 
 for plaintiff, for filing and prosecuting said petition, 
 
 dollars of said counsel fees is to be paid to the Clerk of the Su- 
 perior Court on the first day of each month, beginning on the 
 
 first day of , 19 . . . . , and monthly thereafter 
 
 until the same is paid. 
 
 Judge of the Superior Court.
 
 540 HUSBAND AND WIFE 
 
 APPLICATION FOR ATTACHMENT FOB CONTEMPT FOE REFUSAL, 
 TO PAY TEMPORARY ALIMONY. 
 
 -p. 1 Application for temporary alimony in 
 I Superior Court, and order 
 
 T , vs Yv made . . . , 19 . . . . , for 
 
 John Doe 
 
 * the same. 
 
 To the Honorable , Judge of the Superior 
 
 Court: 
 
 The petition of Mary Doe shows to your Honor the follow- 
 ing facts: 
 
 1st. That the above named and stated case came on for a 
 
 hearing on the day of , 19 . . . . , and 
 
 your Honor ordered John Doe to pay to the Clerk of this Court 
 
 on or by the first day of , 19 . . . . , the sum 
 
 of dollars per month for the support and maintenance 
 
 of your petitioner and also the further sum of dollars 
 
 for counsel fees for filing and prosecuting this suit, 
 
 dollars of which was to be paid to the Clerk of the Court on or 
 
 by the first day of , and dollars per 
 
 month thereafter until said amount is paid. Your petitioner 
 shows that said John Doe has utterly failed and refused to 
 comply with said order and still continues and refuses to com- 
 ply with the same. 
 
 Wherefore, your petitioner prays an attachment for contempt 
 against the said John Doe, to show cause why he has not com- 
 plied with said order, and in default of such just and proper 
 
 cause that he be attached for contempt. This day of 
 
 ,19.... 
 
 Attorney for Petitioner. 
 
 ORDER 
 
 Mary Doe ] Application for temporary alimony in 
 ' L ............ Superior Court, and order 
 
 John Doe ade ................ > 19 ""> for 
 
 * the same. 
 
 The above and foregoing petition has been read and consid- 
 ered. Let the defendant be served and let him show cause be- 
 fore me at the courthouse in ................ , Georgia, on 
 
 the ...... day of ................ , 19.. . ., at nine o'clock,
 
 HUSBAND AND WIFE 541 
 
 A. M'., or so soon thereafter as counsel can be heard on said 
 
 date, why he has not complied with the order made on 
 
 , 19. . . ., and in default of sufficient excuse and 
 
 reason why he has not complied with said order, let him then 
 and there show further cause why he should not be attached 
 for contempt in failing to comply with said order. 
 This day of , 19 
 
 Judge of the Superior Court. 
 
 RULE ABSOLUTE. 
 
 Mary Doe 
 
 vs. I" Attachment for contempt. 
 
 John Doe 
 To the Sheriff or His Lawful Deputy: 
 
 The above and foregoing matter coming on for a hearing be- 
 fore me this date, and respondent therein having been served 
 and having failed to show any sufficient reason why he has not 
 
 complied with the order of , 19. . . ., as set 
 
 out in the petition, it is considered and adjudged that the said 
 John Doe is in contempt of this Court in failing and refusing 
 to comply with said order, and the sheriff is hereby ordered to 
 arrest the body of the said John Doe and commit him to the 
 
 common jail of County, then and there to be kept 
 
 until he complies with said order and until he purges himself 
 of this contempt. 
 
 This day of ,19 
 
 Judge of the Superior Court. 
 
 EXEAT. 2986, 5459-5463. 
 
 PETITION. 
 
 (NOTE: There has grown to be a practice in this State of putting in 
 the petition for divorce and alimony a paragraph asking for the issuing 
 of the writ of ne exeat, and such writ is ordered to issue, requiring the 
 defendant to give bond to pay the judgment rendered in the case. In 
 such case, the judge has a right to require the defendant to give bond 
 not to remove from the State, but he has no authority to require that 
 the defendant give bond to answer the judgment made in the case 
 where there is no question of the removal of property. See 138/1 (74 
 S. E. 785). If such a paragraph is desired it may be in the following 
 form : )
 
 542 HUSBAND AND WIFE 
 
 I * 
 
 "Plaintiff further shows that the defendant has threatened 
 to leave the State and is now preparing so to do, and that un- 
 less the writ of ne exeat issues, he will not be present to abide 
 the judgment made herein, for which reason plaintiff prays 
 your Honor to grant such writ requiring the defendant to be 
 personally present and abide said judgment. 
 
 ORDER FOR WRIT OF XE EXEAT ON APPLICATION FOR TEMPO- 
 RARY ALIMONY. 
 
 Mary Doe ^ Petition for divorce. 
 
 vs. In Superior Court 
 
 John Doe ) Term, 19 
 
 The petition in the above named and stated case, having been 
 presented to me, and after consideration thereof, it is con- 
 sidered, ordered and adjudged that the defendant, John Doe, 
 show canse before me at my office in the courthouse on the .... 
 
 clay of , 19. . . ., at nine o'clock, A. M., why the 
 
 prayer of petition should not be had and allowed, and tempo- 
 rary alimony and counsel fees be granted petitioner as prayed. 
 
 It is further ordered that the writ of ne exeat issue, and that 
 in default of a bond by the defendant not to remove beyond the 
 jurisdictional limits of the State, and to be in court when re- 
 quired by its order, to answer the judgment therein, that in 
 such case he be committed to the common jail of said county 
 there to be safely and securely kept by the sheriff, without bail. 
 This the clay of ,19 
 
 Judge of Superior Court. 
 
 WRIT. 
 
 Georgia, County. 
 
 In Superior Court. 
 
 vs. Suit for Divorce, Alimony, 
 J ~Nc Exeat, &c., 
 
 To the Sheriff of Said County : 
 
 For certain cause made known to his Hon , 
 
 Judge of the Superior Court of said county, in the complaint of
 
 HUSBAND AND WIFE 543 
 
 the said ............ against the said ............ , he has 
 
 this day granted an order requiring that the defendant should 
 give bond and security in the sum of ........ dollars not to re- 
 
 move beyond the jurisdictional limits of the State, and to be 
 and appear when required by the order of the Court to answer 
 any judgment therein, and in default thereof he shall be kept 
 in your custody until the said order shall have been complied 
 with and be by you confined in the common jail of said county, 
 without bail until the further order and decree of said court. 
 
 You are therefore commanded to arrest the body of the said 
 ............ and being arrested to safely keep him until he 
 
 enters into bond and security in the said sum of ............ 
 
 dollars not to depart the State without the order of said court 
 and to be and appear when required by the order of the Court 
 to answer any judgment that may be made therein, in default 
 thereof to confine him in the common jail of said county ac- 
 cording to the statute in such cases, made and provided. 
 
 Witness the Honorable ................ , Judge of the Su- 
 
 perior Court of ............ County, this the ...... day of 
 
 Clerk Superior Court .......... County. 
 
 Alimony. Petition for temporary alimony is amendable by adding 
 prayer for attorney's fees. 130/365 (1) (60 S. E. 863). Petition 
 for alimony for support of wife and family dependent on husband, 
 pending divorce suit, may be filed in vacation. 109/465 (34 S. E. 
 562). Amendment alleging voluntary separation properly dis- 
 allowed in absence of offer to strike allegation of petition that 
 there was no voluntary separation. 133/539 (66 S. E. 243). Notice 
 of proceedings for alimony must be in writing with personal serv- 
 ice; leaving such notice at place of abode is not sufficient. 116/471 
 (42 S. E. 727). 
 
 Divorce. General averment that defendant's acts of lewdness and de- 
 bauchery occurred within three years from execution of deed, with- 
 out showing any reason why more definite allegation could not be 
 made, was subject to special demurrer 141/448, 450 (5) (81 S. E. 
 118). Libel brought by husband, based on cruel treatment, held 
 sufficient to withstand general demurrer, where it alleged that 
 defendant slapped face of libelant, and would have done other 
 serious violence had petitioner not held her by reason of superior 
 physical strength, and that defendant called petitioner vile names. 
 145/886 (89 S. E. 1045). Action on ground of habitual intoxication 
 was not amendable by adding ground of cruel treatment, though 
 facts alleged in amendment same as those in petition. 112/854 (38 
 S. E. 330). Schedule describing property as "city lot in Atlanta, 
 worth $5000," was sufficient to put everybody on notice, if there 
 be in fact but one such lot. 44/437.
 
 544 INJUNCTION 
 
 Marriage. Issuance of blank marriage licenses to one wholly unauthor- 
 ized to determine rights of parties to receive them are illegal, and 
 ordinary could not recover amount received by such person for 
 licenses. 69/T&4. 
 
 INJUNCTION. 5490-5505. 
 
 PETITION FOR INJUNCTION AND EQUITABLE RELIEF. 
 (See form, ante, page 447.) 
 
 Georgia, County. 
 
 To the Superior Court of Said County: 
 
 The petition of John Doe, as plaintiff, against Richard Roe, 
 as defendant, alleges: 
 
 1st. That Richard Roe is a resident of said County. 
 
 2nd. (Here state plainly, fully and distinctly in orderly 
 paragraphs the cause of complaint and the ground upon which 
 the relief is sought. It is better to have too many paragraphs 
 than not enough. It is well to make the paragraphs short and 
 pointed, charging some particular phase of the case. In this 
 way a defendant may be required to answer specifically upon 
 every contested point.) 
 
 Wherefore, to the end that justice may be done, plaintiff 
 prays the granting of the State's most gracious writ of injunc- 
 tion, directed to the said Richard Roe, enjoining and restrain- 
 ing him from (here set out the particular restraint asked for 
 and the acts sought to be enjoined.) 
 
 Also that plaintiff have judgment against the defendant for 
 (here set out what if any judgment or relief is asked). 
 
 Also that process issue requiring the defendant to be and ap- 
 pear at the next term of Cobb Superior Court to answer your 
 petitioner's complaint. 
 
 Plaintiff's Attorney. 
 
 VERIFICATION OF PETITION. 5544. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer,
 
 INJUNCTION 545 
 
 John Doe, who, being duly sworn, on oath says that the facts 
 and things set out in the foregoing petition, are true. 
 
 JOHN DOE. 
 Sworn to and subscribed before 
 
 me, this the day of .... 
 
 , 19.. 
 
 J. P. 
 
 [NOTE. 5544 requires that the bill be verified positively by the 
 petitioner, or supported by other satisfactory proofs. If petitioner can 
 not verify all the facts in the bill positively he should distinguish in 
 his bill such allegatons of facts as are upon his information and belief, 
 and as to these allegations he should support the same by other satis- 
 factory proofs.] 
 
 OEDEB FOR TEMPORARY INJUNCTION. 
 
 Office of Judge of Superior Court. 
 At Chambers, Ga., , 19 .... 
 
 The above and foregoing petition has been read and consid- 
 ered. Let it be filed and the defendant served, and let him 
 show cause, if any he has or can, before me at chambers, at 
 
 , Georgia, on the day of , 
 
 19. . . ., at nine o'clock A. M., or so soon thereafter as counsel 
 can be heard, why the prayer of the petition should not be had 
 and allowed. Until then and further order, the defendant, or 
 any one for him or acting with him, is hereby enjoined and 
 restrained as prayed in the petition. 
 
 Judge of Superior Court. 
 
 AFFIDAVIT TO BE USED AS EVIDENCE ON THE HEARING OF 
 INJUNCTION. 
 
 John Doe ~\ Petition for Injunction. 
 
 vs. y In Superior Court, 
 
 Kichard Roe ) Term, 19 
 
 Personally came before the undersigned attesting officer, John 
 Smith, the subscriber, who, being duly sworn, on oath says that 
 he makes this affidavit to be used on the hearing of the injunc- 
 tion in the above named and stated case before the Honorable
 
 546 INJUNCTION 
 
 , Judge of the Superior Court, when and 
 
 whenever said hearing may be- had. 
 
 Affiant on oath says (here set out the evidence of the witness 
 which should be material and admissible under the rules of 
 evidence.) JOHN SMITH. 
 
 Sworn to and subscribed before 
 
 me, this day of . . . 
 
 ,19.. 
 
 J. P. 
 
 BOND MADE BY PLAINTIFF ON" ORDER OF JUDGE. 
 
 Georgia, County. 
 
 Know all men by these presents, that, , 
 
 principal, and . . . .' and , sureties, 
 
 are held and firmly bound unto. in the sum 
 
 of dollars for the payment of which they bind 
 
 themselves, each for himself, and their heirs, executors and ad- 
 ministrators firmly by these presents. 
 
 Sealed with thdir seals and dated this day 
 
 of ,19.... 
 
 The condition of the above obligation is such, that whereas, 
 
 having in the Superior Court of 
 
 county filed his petition for injunction against the said 
 
 and having obtained a grant of injunction, therein, 
 
 as prayed for in said petition, from said court. Now, if the 
 
 said should abide the decision of the said court, 
 
 and pay all damages and costs which shall be adjudged against 
 him in case the said injunction should be dissolved then these 
 presents shall be void ; otherwise to remain of force. 
 
 Principal [SEAL.] 
 
 Security [SEAL.] 
 
 Security [SEAL.] 
 
 Taken and acknowledged before me, this 
 day of , 19 
 
 Clerk of the Superior Court County.
 
 INJUNCTION 547 
 
 MOTION TO DISSOLVE INJUNCTION. 5502. 
 
 (State the case.) 
 
 And now comes , the defendant herein 
 
 named, and moves the court to dissolve the temporary injunc- 
 tion or restraining order on the following grounds, to wit : 
 
 This the day of , 19 
 
 Attorney for 
 
 (NOTE: Motion to dissolve an injunction should be supported by 
 affidavits.) 
 
 NISI. 
 
 vs. 
 
 Petition in Equity in Court, 
 
 Term, 19 
 
 Motion to set aside the temporary in- 
 junction and restraining order here- 
 tofore made in said case. 
 
 The defendant in the above named and stated case, having 
 presented to me a motion to set aside and vacate the temporary 
 order heretofore made therein, it is ordered that the plaintiff he 
 served with a copy of this motion and order, and let him show 
 
 cause before me at Chambers in the city of , on 
 
 the day of , 19. . . ., at nine o'clock, A. M., 
 
 why the said motion should not be granted as prayed. 
 
 Judge of Superior Court. 
 
 ACKNOWLEDGMENT OF MOTION. 
 
 We have notice of the above motion, and waive all further 
 or other notice or service thereof. 
 
 Attorney for Complainant.
 
 548 INJUNCTION 
 
 ORDER OVERRULING MOTION TO DISSOLVE. 
 
 (State the case.) 
 
 This case coming on to be heard this day of , 
 
 19. . . ., on motion of the defendant to dissolve a temporary 
 injunction or restraining order granted in this case, it is ordered 
 that the said motion be, and the same is, hereby overruled. 
 
 This day of , 19 
 
 J. S. G.. . .0. 
 
 ORDER GRANTING MOTION TO DISSOLVE INJUNCTION AND SUB- 
 STITUTING BONDS FOR INJUNCTION. 
 
 (State the case.) 
 
 This case coming on to be heard this day, and the same having 
 been duly considered, it is ordered and adjudged that said tem- 
 porary order of injunction be set aside upon said defendant 
 giving and filing with the clerk of this court a good and sufficient 
 
 bond in the sum of dollars, conditioned that he 
 
 shall abide the decision of said court and pay all damages and 
 costs, which shall be adjudged against the said defendant by 
 reason of [state the act or acts complained of], and this bond 
 
 to relate back to the day of , 19 . . . . , when 
 
 the order for injunction was first made. 
 
 "j.'s.'c.'. .'.ii 
 
 MOTION TO VACATE INJUNCTION OR RESTRAINING ORDER. 
 
 ,. Petition for Injunction in 
 
 Court, Term, 19 
 
 The motion to dissolve the restraining order heretofore 
 granted in the above named and stated case coming on for a 
 hearing this day before me, and after a hearing thereon, it is 
 considered, ordered and adjudged that the said motion be
 
 INJUNCTION 549 
 
 granted, and that the interlocutory order hereinbefore granted 
 in said case be set aside and vacated. 
 
 This day of ' , 19 
 
 Judge of Superior Court. 
 
 ORDER FOR INTERLOCUTORY INJUNCTION AFTER THE HEARING. 
 
 vs. 
 
 Petition for injunction in, 
 Superior Court, 
 
 Term, 19 . . . , and set for a hear- 
 ing on this the day 
 
 . of ,19.... 
 
 The application for an injunction in the above named and 
 stated case coming on this day for a hearing, and the petition 
 therein having been served, and the defendant having appeared 
 and filed an answer thereto, and after hearing evidence and 
 argument thereon, it is considered, ordered and adjudged that 
 the injunction be and the same is hereby granted as prayed. 
 
 This day of , 19 
 
 Judge of Superior Court. 
 
 SHORT FORM OF ORDER FOR INTERLOCUTORY INJUNCTION. 
 
 "j Petition for injunction in 
 
 "I Superior Court, 
 
 19 . . . . , and set for a hearing on 
 ' ' J this the .... day of 19 .... 
 
 This case coming on for a hearing, it is considered, ordered 
 and adjudged that the injunction be granted as prayed. 
 This the day of , 19 
 
 Judge of Superior Court. 
 
 Abstract of title need not be attached to petition in action to restrain 
 
 trespass, if plaintiff alleges himself to be owner. 123/323 (51 S. E. 
 
 416), 326 (51 S. B. 418). 
 Affidavit. Attorney swearing to petition, that to his own knowledge 
 
 the recitals of facts therein are true; sufficient. 123/453 (3) (51 
 
 S. E. 346).
 
 550 INSANITY AND LUNATICS 
 
 Petition need not allege irreparable damages in terms; it is sufficient 
 if facts set out show such damage. 126/805 (55 S. E. 933). Peti- 
 tion to restrain trespass which does not contain requisite allega- 
 tions to come within Code, 5493, denied. 106/758 (2) (32 S. E. 
 854). Plaintiff, in proceeding to enjoin trespass, is not required to 
 plead his muniments of title as condition precedent to their intro- 
 duction in evidence. 138/646 (1) (75 S. E. 1051). 
 
 Verification of petition for interlocutory injunction can not be ques- 
 tioned after hearing on merits. 114/346 (40 S. E. 231). 
 
 INSANITY AND LUNATICS. 3089-3106. 
 
 EXAMINATION OF CAPACITY TO MANAGE ESTATE. 
 
 Section 3092 of the Code, as amended by Act August 14, 
 1915, (Acts 1915, p. 20), provides as follows: "Upon the 
 petition of any person, on oath, setting forth that another is 
 liable to have a guardian appointed (or is subject to be com- 
 mitted to the Georgia State Sanitarium), the ordinary, upon 
 proof that ten days' notice of such application has been given 
 to the three nearest adult relatives of such person, or that there 
 is no such relative within this State, or where such notice is 
 waived in writing by such relatives, and affidavit is made by 
 any one of such relatives or other person, that such person is 
 violently insane, and is likely to do himself bodily injury, and 
 where the truth of such affidavit has been verified in writing 
 by a practicing physician appointed by the ordinary to examine 
 such person, shall issue a commission directed to any eighteen 
 discreet and proper persons, one of whom shall be a physician, 
 requiring any twelve of them, including the physician, to ex- 
 amine by inspection the person for whom guardianship (or 
 commitment to the Sanitarium) is sought : provided, that in 
 all lunacy cases the legal number of jurors shall be six, one of 
 whom shall be a physician, unless twelve are demanded by the 
 party being tried, or by some one of his relatives or friends ; 
 and to hear and examine witnesses on oath, if necessary, as to 
 his. condition and capacity to manage his estate, and to make 
 return of such examination and inquiry to the said ordinary, 
 specifying in such return under which such classes they find 
 such person to come. Such commission shall be sworn by any
 
 INSANITY AND LCNATICS 551 
 
 officer of this State authorized by the laws of this State to 
 administer an oath, well and truly to execute said commission 
 to the best of their skill and ability, which oath shall be returned 
 with their verdict." 
 
 PETITION FOR APPOINTMENT OF GUARDIAN FOR IDIOT. 3092. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of shows that , 
 
 of said county, is an idiot, and incapable of managing his own 
 affairs, and therefore liable to have a guardian appointed under 
 the law in such cases made and provided. 
 
 That the said is entitled to a considerable 
 
 estate, consisting of , and 
 
 that by reason of his idiocy and want of mental capacity he is 
 incapable of managing his said estate. 
 
 Ten days' notice of this application has been given to the 
 
 three nearest adult relatives of the said , 
 
 to wit, and and 
 
 [naming them-], all of said county. 
 
 Wherefore, petitioner prays that your Honor issue a com- 
 mission in terms of the statute directed to eighteen discreet and 
 proper persons, one of them being a physician, requiring any 
 twelve of them, including the physician, to examine by inspec- 
 tion the person of the said , for whom 
 
 guardianship (or commitment to the asylum) is sought, and if 
 upon examination and the hearing of the evidence by the said 
 
 commissioners said should be found to be an 
 
 idiot, that your Honor appoint some discreet person as guardian 
 of the property of the said 
 
 Petitioner's Attorney. 
 
 Where two adult and married daughters instituted proceedings in 
 court of ordinary, in accordance with Code, 3089 et seq., without 
 his knowledge, to have guardian appointed for him, appointment of 
 receiver of property of father and granting of injunction against 
 interference with property in receiver's hands was erroneous, in 
 action by the father, where the children had no interest in the 
 property. 144/249 (86 S. E'. 932).
 
 552 INSANITY AND LUNATICS 
 
 OATH OF PETITIONER. 3092. 
 
 Georgia, County. 
 
 Personally appeared before me, the undersigned, an officer 
 
 of said State authorized to administer an oath, 
 
 who, being duly sworn, on oath says that the statements con- 
 tained in the foregoing petition are true. 
 
 Petitioner. 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ,J.P. 
 
 NOTICE TO RELATIVES. 3092. 
 
 Georgia, County. 
 
 To , and , 
 
 the three nearest adult relatives of , who 
 
 is alleged to be an idiot: 
 
 You are hereby notified that on the day of .' . , 
 
 19. . . ., I filed with the court of ordinary of said county a 
 petition for a commission to issue for the purpose of inquiring 
 
 into the alleged idiocy of for the purpose 
 
 of having a guardian appointed for him, and that the hearing 
 will be had thereon on the day of , 19. . . . 
 
 Petitioner. 
 
 V 
 
 AFFIDAVIT AS TO NOTICE. 
 
 Georgia, County. 
 
 Personally came before the undersigned, a justice of the peace 
 
 in and for said county who being duly sworn, 
 
 says that he served , 
 
 and each with a copy of the above notice on 
 
 the day of , 19 .... 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 ,J.P.
 
 INSANITY AND LUNATICS 553 
 
 ORDER 
 
 Office of the Ordinary of County. 
 
 At Chambers, , 19 .... 
 
 In the matter of the petition of for the 
 
 appointment of a guardian for , alleged to be 
 
 an idiot. 
 
 The above and foregoing petition having been presented to 
 
 me, and it appearing that and 
 
 and , , the three nearest adult relatives of the 
 
 said alleged idiot, have had notice of this application, it is 
 
 ordered that , the alleged idiot, be served with 
 
 a copy of the said petition and this order personally by the 
 sheriff at least ten days before the hearing, and that the said 
 
 , alleged idiot, and the said 
 
 and and , the said three 
 
 nearest adult relatives, show cause before me at my office on 
 
 the day of , 19 . . . . , at nine o'clock, A. M., 
 
 why the prayer of the said petition should not be had and 
 allowed and a commission be appointed to examine into the 
 
 mental condition of the said , alleged to be an 
 
 idiot, and a guardian appointed for him as prayed. 
 
 Ordinary. 
 
 APPOINTMENT OF GUARDIAN AD LITEM. 
 
 Court of Ordinary of 
 
 At Chambers, , 19 .... 
 
 In the matter of the petition for the appointment of a guar- 
 dian for , alleged to be an idiot. 
 
 The above named and stated matter coming on for 'a hearing 
 on this date, and it being made to appear by the return of the 
 
 sheriff that he served , the alleged idiot, 
 
 personally with a copy of the petition and the former order nisi, 
 calling upon him and his three nearest adult relatives to show 
 cause on this day why the order should not be made appointing 
 a commission to inquire into and report upon the alleged inca- 
 pacity of mind of the said , alleged to be an 
 
 Jidiot, and it further appearing to be just and proper that a 
 
 guardian ad litem should be appointed for the said , 
 
 the alleged idiot, it is therefore considered, ordered and adjudged
 
 554 INSANITY AND LUNATICS 
 
 that , of said county, be, and he is, hereby 
 
 appointed guardian ad litem to appear and represent the said 
 
 , alleged to be an idiot, in this proceeding. 
 
 Let said guardian ad litem make response to this order. 
 
 Ordinary. 
 
 ACCEPTANCE BY GUARDIAN AD LITEM. 
 
 In person came , who has been appointed 
 
 guardian ad litem of , alleged to be an idiot, 
 
 and he hereby accepts said appointment and undertakes to 
 
 appear and represent the said in the pending 
 
 proceeding. This day of , 19. ... 
 
 Guardian ad litem. 
 
 COMMISSION FOR EXAMINATION OF ALLEGED IDIOT. 3092. 
 
 Georgia, County. 
 
 Office of Ordinary. 
 At Chambers, , 19 .... 
 
 In the matter of the application of for the 
 
 appointment of a commission to examine into and report upon 
 
 the alleged idiocy of , and for the appointment 
 
 of guardian for him, etc. 
 
 In the above named and stated matter, it appearing that the 
 
 three nearest adult relatives of said , alleged 
 
 idiot, to wit, and and , 
 
 have had more than ten days notice in writing of this proceed- 
 ing, and that , the alleged idiot, has been 
 
 served with a copy of the petition and order herein more than 
 
 ten days before this hearing, and that has been 
 
 appointed guardian ad litem for the said alleged idiot and has 
 accepted said trust, and the matter coming on regularly for a 
 hearing, it is ordered that the following named persons be, and 
 they are, hereby appointed a commission to examine into the 
 
 mental condition of the said , alleged idiot, to 
 
 inspect his person and make proper findings and report to me, 
 and to constitute said commission, to wit :
 
 IXSAXITY A\I> LrxATics 555 
 
 To , M. D., and to and 
 
 (insert the names of seventeen other "discreet and proper per- 
 sons") or any twelve of you: 
 
 You are hereby required to examine by inspection the person 
 
 of for whom guardianship [or commitment to 
 
 the asylum] is sought, and to hear and examine witnesses on 
 oath, if necessary, as to the condition and capacity of the said 
 
 to manage his estate, the said 
 
 being alleged to be an idiot. And after having made a thorough 
 and perfect investigation, touching the alleged idiocy of the 
 
 said you are directed to make return of such 
 
 examination and inquiry to the ordinary of the' said county, 
 
 specifying in such your return, whether or not the said 
 
 is an idiot, and under which class you find the said 
 
 to come. Herein fail not. 
 
 Given under my hand and seal this day of , 
 
 19 
 
 ~. Ordinary (SEAL) 
 
 JURORS IN LUNACY CASES. 3092. 
 
 (NOTE: In cases of lunacy, jury shall consist of six, unless relative 
 or party shall demand twelve.) 
 
 OATH OF THE JURY. 309: 
 
 Georgia, County. 
 
 You, and each of you, do swear that you will hear and duly 
 execute the commission to you directed [touching the idiocy of 
 
 ] to the best of your skill and ability. So 
 
 help you God. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Officer authorized to administer oaths.
 
 556 INSANITY AND LUNATICS 
 
 RETURN OF COMMISSIONER. 3093. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The report of the undersigned commissioners appointed to 
 
 examine by inspection the person of of said 
 
 county, alleged to be an idiot, and to inquire into the mental 
 
 condition of the said shows, that in pursuance 
 
 of the requirements contained in the commission directed to them 
 
 for that purpose, to wit, on the day of , 19 .... 
 
 they caused said to be brought before them and 
 
 personally examined him by inspection, and heard and examined 
 witnesses on bath as to his mental condition and capacity to 
 manage his estate. 
 
 That upon the inspection of the said as 
 
 aforesaid, and the examination of and 
 
 as witnesses, the undersigned commissioners came to the con- 
 clusion, and are satisfied, that the said is an 
 
 idiot, and incapable of managing his estate. 
 
 Respectfully submitted, this day of , 19. ... 
 
 [NOTE. The physician and at least eleven of the commissioners 
 should sign said report. The finding should show whether the person 
 examined is a lunatic, insane, an idiot, or habitual drunkard, if either 
 one of them is his true condition.] 
 
 ORDER THEREUPON. 
 
 Georgia, County. 
 
 In re , alleged to be an idiot. 
 
 It appearing to the court by the return of the commissioners 
 
 appointed to examine into the idiocy of of 
 
 said county, that said is an idiot : 
 
 It is further ordered that of said county, 
 
 be, and he is, hereby appointed guardian of the person and 
 property of the said 
 
 And it is further ordered, that letters of guardianship do 
 
 issue to said upon his taking the oath and 
 
 giving bond and security as in such cases made and provided. 
 This day of , 19 
 
 Ordinary.
 
 INSANITY AND LUNATICS 557 
 
 APPLICATION FOR APPOINTMENT OF GUARDIAN FOR PERSON 
 
 UNABLE TO MANAGE His PROPERTY OR FOR ONE LIABLE 
 
 TO BE SENT TO STATE SANITARIUM. 
 
 Georgia, County. 
 
 To the Ordinary of said County : 
 
 The petition of . . ., of said county, alleges the 
 
 following facts: 
 
 1st. That , of said county, hereinafter 
 
 called respondent, is liable on account of mental incapacity to 
 have a guardian appointed for him and to be sent to the State 
 Sanitarium. 
 
 2nd. That respondent is possessed of real and personal prop- 
 erty of the value of dollars, and on account of his 
 
 mental condition the same is going to waste and he is unable to 
 manage and take care of it. 
 
 3rd. That and and 
 
 of said county, are the three nearest adult 
 
 relatives of the said respondent, and petitioner prays that after 
 ten days notice to said nearest adult relatives and after service 
 upon the respondent, that your Honor appoint a commission of 
 eighteen persons, one of whom shall be a practising physician, 
 who by a personal inspection of the person of said respondent, 
 and after hearing evidence as to the mental condition of the said 
 respondent, to make a finding and report the facts to your 
 Honor, and that a guardian be appointed for the said respondent, 
 and such other proceedings be had in the premises as are in 
 conformity to law. 
 
 Petitioner. 
 
 AFFIDAVIT TO PETITION. 
 
 Georgia, County. 
 
 Before me, , ordinary of said county, 
 
 personally came , the subscriber, who, being 
 
 duly sworn, on oath says that the facts and things stated in the 
 foregoing petition, are true. 
 
 Sworn to and subscribed before me, this 
 . .day of , 19 
 
 Ordinary.
 
 558 INSANITY AND LUNATICS 
 
 ORDER NISI. 
 
 In the matter of the petition of for the 
 
 appointment of a guardian for , and other 
 
 prayers. 
 
 Court of Ordinary, 
 
 At Chambers, , 19 .... 
 
 The foregoing petition has been read and considered. Let it 
 
 be filed and let ' , the respondent, and 
 
 t , and , the 
 
 three nearest adult relatives, show cause before me at my office 
 
 on the day of , 19 . . . . , why the prayer of 
 
 petition should not be had and allowed, and why the commission 
 
 should not be appointed as prayed. Let , 
 
 respondent, be served by the sheriff with a copy of the petition 
 and this order at least ten days before said hearing, and the 
 said three nearest adult relatives given ten days notice in writing 
 of the time and place of the said hearing, which notice may be 
 given by delivering to each of said nearest adult relatives in 
 person a copy of the petition and this order. 
 
 Ordinary. 
 
 ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM AFTER 
 
 PERSONAL SERVICE UPON ALLEGED INSANE PERSON 
 
 BY SHERIFF. 
 
 Court of Ordinary. 
 
 At Chambers, , 19 .... 
 
 In the matter of the petition of for the 
 
 appointment of a guardian for , and the 
 
 appointment of commission to examine his mental condition. 
 
 In the above named and stated matter, it being made to 
 
 appear that , the respondent therein, has been 
 
 served personally with a copy of the petition and order in the 
 above named and stated case calling upon him to show -cause 
 on this date as to why a commission should not be appointed to 
 examine him as to his mental condition and capacity to manage 
 his affairs and as to why he should not be committed to the 
 Sanitarium and it appearing that he has been served by the 
 sheriff with a copy of said petition and the said order nisi more 
 than ten days before this hearing, and it further appearing
 
 INSANITY AND LUNATICS 559 
 
 that , and , 
 
 his three nearest adult relatives, have also had more than ten 
 days notice of this proceeding and the time and place of hear- 
 ing, and that it is necessary and proper that a guardian ad litem 
 
 be appointed for the said respondent, to 
 
 represent him in this proceeding, it is considered, ordered and 
 
 adjudged that '. .is hereby appointed guardian 
 
 ad litem to appear for and represent, the said , 
 
 respondent, upon this hearing of said proceeding. Let the said 
 guardian ad litem be notified and make proper response to this 
 order. This day of , 19 .... 
 
 Ordinary. 
 
 ORDER FOR COMMISSION TO ISSUE. 
 
 Court of Ordinary Chambers, 19 .... 
 
 Upon hearing the foregoing petition, duly filed, and it appear- 
 ing that the notice of the same required by law has been given, 
 and no reason being offered to the contrary, it is ordered that 
 the usual commission issue, directed according to law. 
 
 , Ordinary. 
 
 COMMISSION. 
 
 Georgia, County. 
 
 To 1 , M. D. 10 
 
 2 11 
 
 3 12 
 
 4 13 
 
 5 14 
 
 6 15 
 
 7 16 
 
 8 17 : 
 
 9 18 
 
 Greeting: 
 
 having made petition, on oath, to the 
 
 ordinary of said county, alleging that , of said 
 
 county, is and is subject to be committed to
 
 560 INSANITY AND LUNATICS 
 
 the Georgia State Sanitarium, you are hereby required, or any 
 twelve of j r ou (one of whom must be a physician), after first 
 being duly sworn well and truly to execute this commission to 
 
 the best of your skill and ability, to have the said 
 
 personally brought before you, to examine 
 
 by inspection, and to hear and examine witnesses on oath, if 
 
 necessary, as to condition, and to make return 
 
 of such examination and inquiry to the said ordinary, specifying 
 
 in said return under which class you find the said 
 
 to come. 
 
 Witness my hand and seal, this the. . . . day of , 19 . . 
 
 [SEAL] , Ordinary. 
 
 NOTICE OF HEARING. 
 
 Court of Ordinary, at Chambers. 
 
 To : 
 
 You are hereby notified that on the day of , 
 
 19. . . ., the case of vs , 
 
 charged as a lunatic, will be heard by the commissioners ap- 
 pointed by the court. This day of , 19 .... 
 
 Commissioners. 
 
 VENIRE FACIAS. 
 
 Georgia, County. 
 
 To the Sheriff of said County or his Deputies : 
 
 You are hereby commanded to summon a jury of eighteen 
 men named in the annexed commission (one of whom must be 
 
 a practicing physician), and cause them to assemble at 
 
 county aforesaid, at o'clock on the .... 
 
 day of , 19 . . . . , then and there to execute said 
 
 commission and make return thereof. 
 
 This the day of , 19 
 
 , Ordinary.
 
 INSANITY AND. LUNATICS 561 
 
 AFFIDAVIT OF JUEOES. 
 
 County. 
 
 We, and each of us, do swear that we will well and truly 
 execute this commission to the best of our skill and ability. 
 
 Sworn to and subscribed before me, this day 
 
 of ,19 
 
 , Ordinary. 
 
 FINDING OF JURY. 
 
 Georgia, County. 
 
 To the Ordinary of said County : 
 
 By virtue of the annexed commission to us directed, we, the 
 undersigned, first being sworn and having made such examina- 
 tion by inspection and proof as the law requires, report that we 
 
 do find the said to be a and 
 
 a fit subject for the Sanitarium ; and having on the trial inquired 
 
 into the fact of the residence of the said 
 
 we further find that was, at and before the 
 
 said trial, and still is, a resident citizen of the State of Georgia, 
 and not introduced into the State or county for the purpose of 
 being sent to the Georgia State Sanitarium. 
 
 This day of , 19 
 
 JUDGMENT. 
 
 Court of Ordinary, Chambers, , 19. ... 
 
 Whereupon, it is considered, ordered and adjudged that the 
 said is a or person of unsound
 
 562 INSANITY AND LUNATICS 
 
 mind, and that as such be committed to the 
 
 Georgia State Sanitarium and there confined until discharged 
 according to law. 
 
 APPLICATION OF PERSON RESTORED TO SANITY. 3097. 
 
 Georgia, County. 
 
 To the Ordinary of said County : 
 
 1. The petition of . . .of said county, shows 
 
 that your petitioner was heretofore, to wit, on the day 
 
 of , 19 . . . . , declared to be of insane mind, 
 
 according to proceedings of record in said county in said court 
 of ordinary, and therefore unable to manage his affairs. 
 
 2. That letters of guardianship, dated the day and year 
 
 aforesaid, issued to , of said county, as 
 
 guardian of the person and property of your petitioner. 
 
 3. That said , by virtue of said letters of 
 
 guardianship, has had possession of your petitioner's person and 
 property from the date of said letters of guardianship from 
 thence hitherto. 
 
 4. Petitioner avers that he has been restored to sanity and 
 capacity, so as to be capable of managing his own estate. 
 
 Wherefore, your petitioner prays that he may be examined 
 as to his present sanity, and his capacity to manage his affairs. 
 
 Petitioner further prays that said letters of guardianship, 
 
 issited to said as aforesaid, may be canceled 
 
 and revoked, and that said may be ordered and 
 
 required forthwith to deliver over to your petitioner all prop- 
 erty, money and effects belonging to petitioner in his hands as 
 guardian. This day of ...... 19 .... 
 
 Petitioner's Attorney. 
 
 REVOCATION OF LETTERS OF GUARDIANSHIP. 3097. 
 
 NOTICE TO GUARDIAN. 
 
 Georgia, County. 
 
 To , Guardian of : 
 
 Take notice that I shall apply to the court of ordinary of 
 said county, at the next ensuing term thereof, to be held on 
 
 the day of , 19. . . ., for the purpose of 
 
 having the letters of guardianship heretofore issued to you by
 
 INSANITY AND LUNATICS 563 
 
 said court, appointing you my guardian [having been heretofore 
 adjudged to be an insane person] canceled and revoked. 
 This day of , 19 
 
 Petitioner. 
 
 ISSUE. 3098. 
 
 Georgia, County. 
 
 And now at this term of the court comes , 
 
 guardian of , by his attorney , 
 
 and controverts the averments in said petition, and says that 
 
 has not been restored to sanity and capacity, 
 
 and still continues to be of insane mind, and wholly incapable 
 of managing the affairs of his estate. 
 
 And of this the defendant puts himself upon the country. 
 
 This day of , 19 
 
 Defendant's Attorney. 
 
 PRECEPT FOE SUMMONING JURY. 3098. 
 
 Georgia, County. 
 
 To the Sheriff of said County and his lawful Deputy : 
 
 You are hereby commanded and required to summon [insert- 
 ing the names of eighteen persons, one of them a physician, 
 competent to serve as jurors] to be and appear before me at 
 
 in said county on the day of , 
 
 19. . . ., at o'clock, A. M., of that day, then and there to 
 
 be sworn as jurors to try the issue of insanity pending between 
 
 and then and there to be 
 
 submitted. Herein fail not under the penalty of the law. 
 
 Given under my hand and official seal this day 
 
 of '. ., 19 
 
 Ordinary. 
 
 OATH OF THE JURY. 3098. 
 
 You shall well and truly try the issue of insanity pending 
 between . . . . and . , . . now to be sub-
 
 564 INSANITY AND LUNATICS 
 
 mitted to you as jurors, and a true verdict give, without favor 
 or affection to either party. So help you God. 
 
 VERDICT OF THE JURY. 3098. 
 
 We, the jury, find the issue in favor of the plaintiff. 
 This day of , 19 
 
 Foreman. 
 
 JUDGMENT OF THE COURT. 
 
 Whereupon it is considered, ordered and adjudged by the 
 
 court that is sane in mind and capable of 
 
 managing his affairs, it is further ordered that the letters of 
 
 guardianship formerly granted to as guardian 
 
 of said be, and the same are, hereby canceled 
 
 and revoked. 
 
 It is further ordered that the said guardian forthwith deliver 
 
 over to the said all of the property, money and 
 
 effects in his hands, belonging to the said 
 
 This day of ,19 
 
 Ordinary. 
 
 AFFIDAVIT FOR COMMITMENT OF INSANE PERSON. 3101. 
 
 Georgia, County. 
 
 Personally before me, the ordinary of said county, came 
 
 , who on oath says that of 
 
 said county, is insane, and that he has no guardian [or, that 
 his guardian, on notice, refuses and fails to confine his said 
 ward]. 
 
 Deponent further says that , the insane 
 
 person aforesaid, for the public safety [or other good and suffi- 
 cient reason], should no longer be left at large. Deponent 
 makes this affidavit, that a warrant, as in criminal cases, may 
 issue for the arrest of said insane person, and that he may be
 
 INSANITY AND LUNATICS 565 
 
 brought before the ordinary of said county, according to the 
 statute in such cases made and provided. 
 
 Sworn to and subscribed before me, this 
 
 day of . ., 19 
 
 , Ordinary. 
 
 WARRANT. 
 
 Georgia, County. 
 
 To any Sheriff, Deputy Sheriff, Coroner, Constable, or Marshal 
 of said State, Greeting : 
 
 having this day made oath before me 
 
 that of said county is insane and has no 
 
 guardian [or that his said guardian, on notice, refuses and fails 
 to confine his said ward], and that for public safety [or other 
 
 good and sufficient reason] the said , the insane 
 
 person as aforesaid, should no longer be left at large. 
 
 These are, therefore, to command you to arrest the said 
 
 and bring him before me at the court house 
 
 in said county by o'clock, A. M., on the day 
 
 of , 19. . . ., to be dealt with as the law directs. 
 
 This day of , 19 
 
 , Ordinary. 
 
 [NOTE. When the ordinary is unable to act for any cause, the judge 
 of the Superior Court may administer the oath and issue the warrant, 
 and conduct the investigation of the facts, and may commit the insane 
 person to the lunatic asylum and if necessary cause him to be com- 
 mitted temporarily to jail until he can be removed to the asylum. 
 3101.] 
 
 CERTIFICATE OF THE CLERK. 
 
 Georgia, County. 
 
 I, , clerk of the court of ordinary of said 
 
 county, do hereby certify that the foregoing pages 
 
 is a true and perfect exemplification of the proceedings on record 
 in the office in the court of ordinary of said county, in the case 
 
 of vs , a pauper lunatic of 
 
 said county, shown on the trial of the issue of lunacy.
 
 566 INSANITY AND LUNATICS 
 
 A true extract from the minutes of the said court, this 
 day of ,19 
 
 [Official Seal.] Clerk. 
 
 COMMITMENT TO JAIL PENDING REMOVAL TO ASYLUM. 3101. 
 
 Georgia, County. 
 
 To the Sheriff of said County: 
 
 , having been adjudged a pauper lunatic, 
 
 you are hereby commanded to convey said to 
 
 the Georgia State Sanitarium at Milledgeville, Georgia, and 
 meantime that you commit him to the common jail of said 
 county, to be there safely kept, until his removal to the lunatic 
 asylum as aforesaid. This day of , 19. ... 
 
 Ordinary. 
 
 JUDGMENT. 3101. 
 
 Georgia, County. 
 
 In re. application for commitment of to the 
 
 Georgia State Sanitarium. 
 On an investigation of the facts of this case, it is considered 
 
 and adjudged that ; of said county, is a pauper 
 
 lunatic, and that he be committed to the Georgia State Sanita- 
 rium at Milledgeville, Georgia, and it appearing to be necessary, 
 
 the said not being a fit person to be left at 
 
 large, it is further ordered that he be temporarily committed 
 to the common jail of said county until he can be removed to 
 said asylum. This day of , 19. ... 
 
 Ordinary. 
 
 COMMITMENT TO GEORGIA STATE SANITARIUM. 3101. 
 
 Georgia, County. 
 
 To the Keeper of the Georgia State Sanitarium at Milledgeville, 
 Georgia : 
 
 having on the day of 
 
 19. . . ., been adjudged to be a lunatic by the ordinary of said
 
 INTEBEST AND USURY 567 
 
 county and ordered to be committed to the lunatic asylum, you 
 
 are, therefore, authorized and directed to receive said 
 
 into said asylum, and him there safely keep until dis- 
 charged by law. 
 
 I certify that the said is a pauper, and, 
 
 further order that the expenses of such confinement and of these 
 proceedings shall be paid out of the county funds of said county 
 
 [or, it further appearing that the said has an 
 
 estate, it is ordered that the expenses of such confinement, and 
 the cost of these proceedings be paid out of said estate]. 
 
 This day of , 19 
 
 Ordinary. 
 
 INTEREST AND USURY. 3426-3445, 56T4. 
 
 PLEA OF USUKY. 3428, 3438, 5674. 
 
 (The following form applies to law as it stood before passage 
 of Acts '191 6, p. 48.) 
 (State the case.) 
 And now comes the defendant and for [further] plea says: 
 
 1. That on the. . . .day of , 19. . . ., defendant 
 
 borrowed of plaintiff the sum of dollars, to be paid 
 
 months after that date. 
 
 2. That on the day of , 19 . . . . , as 
 
 evidence of said indebtedness, defendant executed and delivered 
 
 to the plaintiff the note here sued on, for the sum of 
 
 dollars, being dollars, in excess of the principal 
 
 sum borrowed as aforesaid, said note being made payable 
 
 months after the date thereof. 
 
 . 3. That the defendant agreed with plaintiff to pay him 
 
 per cent, per annum interest, being per cent, in 
 
 excess of the legal rate, and the sum of dollars, 
 
 in excess of the amount borrowed, was added in the face of said 
 note to cover interest at the usurious rate aforesaid. 
 
 4. That dollars of the amount specified in said 
 
 note is usurious, and plaintiff's demand should be reduced by 
 said sum. 
 
 And of this defendant puts himself upon the country. 
 
 Defendant's Attorney.
 
 568 INTEKEST AND USURY 
 
 PLEA OF USUKY UNDER ACTS 1916, p. 48. 
 
 For further plea and answer, the defendant shows the follow- 
 ing facts. 
 
 1st. Said note sued on is for the sum of five hundred 
 ($500.00) dollars, with interest after maturity at the rate of 
 eight (8%) per cent, per annum; that plaintiff loaned defendant 
 the sum of four hundred fifty ($450.00) dollars for six months, 
 and that in said note is embraced ten (10%) per cent, interest, 
 making the sum of fifty ($50.00) dollars for interest for six 
 months upon four hundred fifty ($450.00) dollars loaned, which 
 said fifty ($50.00) dollars is usurious, and defendant shows 
 these facts to the court,, and says that under the law the plaintiff 
 i? entitled to a judgment for the sum >f only four hundred fifty 
 ($450.00) dollars, the amount loaned, he having forfeited all 
 interest and usury under the law. 
 
 -OR 
 
 And for further plea and answer, the defendant shows the 
 following facts: 
 
 1st. The note sued on is for five hundred ($500.00) .dollars, 
 with interest from date at the rate of ten (10%) per cent, per 
 annum, and this defendant shows -that said rate of interest is 
 usurious, and that for this reason the plaintiff forfeits all inter- 
 est, and the plaintiff is entitled to a judgment for only the 
 amount loaned, to wit, the sum of five hundred ($500.00) 
 dollars. 
 
 (NOTE: These pleas should be sworn to.) 
 
 -OR- 
 
 The defendant might reach the last note by a special demurrer 
 in this form : 
 
 !ln the Superior Court of 
 County, / Term, 19... 
 
 Now comes the defendant in the above named and stated 
 case at this the appearance term, and, before answering therein, 
 files this his demurrer to the petition therein, and for grounds 
 of demurrer, says: 
 
 1st. Plaintiff sues defendant upon a note for five hundred 
 ($500.00) dollars, with interest from date at ten per cent. 
 (10%) per annum, and this defendant shows that said rate of 
 interest is usurious, and that under the law plaintiff is not 
 entitled to any interest, and he prays the court to strike from
 
 INTERROGATORIES AND DEPOSITIONS 569 
 
 said petition all claim of interest on the part of the plaintiff, 
 as under the law the plaintiff has forfeited the same. 
 
 Attorney for Defendant. 
 
 Assignment. Defense of usury is in assignor or his privies, not in his 
 
 debtor. 126/192 (55 S. E. 22). 
 Bankruptcy. Debtor's trustee in bankruptcy is representative of 
 
 debtor, and defense of usury is as available to trustee as to debtor 
 
 himself. 17/246 (1) (87 S. B. 694). 
 Blanks in plea of usury. 91/508 (2) (18 S. E. 131); 124/543 (52 3. E. 
 
 927). 
 Deed. Plea of usury to avoid deed does not require same particularity 
 
 as such plea to action for money. 104/318-(2) (31 S. E. 215). 
 Demurrer. Defect in substance in plea of usury may be taken ad- 
 vantage of by general demurrer or oral motion to strike. 124/541 
 
 (52 S. E. 927). 
 
 Personal plea, plea of usury is. 17 App. 246 (1) (87 S. E. 694). 
 Statute. Plea of usury which fails to comply with Code, 5674, is fatally 
 
 defective. 142/609 (83 S. E. 272); 124/541 (52 S. E. 927). A 
 
 similar degree of specification is required where it is sought by 
 
 independent action to recover usury alleged to have been paid by 
 
 debtor of creditor. 142/609 (83 S. E. 272). 
 Striking plea. Plea of usury may be stricken on oral motion, where 
 
 it fails to set forth facts required by statute. 138/62 (1) (74 
 
 S. E. 790). 
 
 INTERROGATORIES AND DEPOSITIONS. 
 
 5886-5923, 6289-6294. 
 
 INTERROGATORIES. 5889. 
 
 (State the case.) 
 
 Original interrogatories to be propounded to 
 
 a material witness for the and who resides in the 
 
 county of State of 
 
 First direct interrogatory. Do you know the parties to this 
 case? 
 
 Second. Where do you reside? 
 
 Third. [Propound as many questions as desired, making 
 them "sufficiently explicit to inform the opposite party of the 
 nature of the testimony sought and expected, and yet not liable 
 to the objection of being leading questions."] 
 
 Attorney for
 
 570 INTERROGATORIES AND DEPOSITIONS 
 
 ENTRY OF CLERK. 
 
 Filed in the office of the clerk of the court of 
 
 , county, the day of , 19 .... 
 
 Clerk. 
 
 NOTICE TO BE SERVED ON ADVERSARY PARTY. 
 
 (State the case.) 
 To .: 
 
 You are hereby notified that I have this day filed in the office 
 
 of the clerk of the court of county, original 
 
 interrogatories for as a witness in the above stated 
 
 case, and that at the expiration of ten days I shall apply for a 
 commission in terms of the law for an examination of said 
 witness. A copy of said interrogatories is hereto attached. 
 
 This day of , 19 
 
 Attorney for, 
 
 ACKNOWLEDGMENT OF FILING AND WAIVER. 5903. 
 
 Notice of the filing of the within interrogatories acknowl- 
 edged ; copy and all further or other notice of the time of filing 
 waived. Let commission issue instanter. 
 
 This day of ,19 
 
 Attorney for, 
 
 .COMMISSION FOR INTERROGATORIES. 6289. 
 
 Georgia, County. 
 
 By his Honor. . . . f , one of the judges of the 
 
 court for the county and State aforesaid. 
 
 To , and , Greeting : 
 
 Whereas, There is a certain matter of controversy now de- 
 pending in the court for said county, 
 
 between . . . . and . .
 
 INTERROGATORIES AND DEPOSITIONS 571 
 
 t 
 
 And whereas is a material witness in said 
 
 suit and can not attend our said court in person without mani- 
 fest inconvenience: 
 
 Now know ye, That we, reposing special trust and confidence 
 in your prudence and fidelity, have appointed you, and you or 
 any two or more of you are hereby authorized and required to 
 
 cause said personally to come before you, and 
 
 after being duly sworn, to examine concerning the 
 
 said suit, agreeably to the interrogatories hereunto annexed ; 
 and the answers to the same being plainly and distinctly writ- 
 ten, you are to send the same, closed up under your hands and 
 
 seals to our said court to be held on the day of 
 
 next, together with this writ. 
 
 Witness, the Honorable , one of the judges 
 
 of said court, this day of , 19. ... 
 
 "Clerk." 
 
 INSTRUCTIONS TO GUIDE IN TAKING TESTIMONY. 
 
 First. Fill the blank in the commission with the names of 
 the persons officiating as commissioners. (Two may act. Less 
 than two will not suffice.) 
 
 Second. Take a separate sheet of paper, state the case pre- 
 cisely as it is at the head of the interrogatories. Then write 
 the following formula: 
 State of , County of 
 
 By virtue of a commission from the Honorable the 
 
 court of county, to us directed, we have caused 
 
 [insert the name of witness or witnesses] the witness in said 
 commission named to come before us, and being duly sworn, 
 true answers to make to the interrogatories to said commission 
 annexed, deposes and answers as follows: 
 
 To the first interrogatory, he answers [and so with the rest 
 of the answers. When all are answered, both direct and cross- 
 interrogatories, let the witness subscribe them. Then the com- 
 missioners will observe the following form at the end of the 
 answers:] 
 
 Answered, sworn to and subscribed before us, this 
 
 day of , 19 
 
 Commissioner. [L. S.] 
 
 Commissioner. [L. S.]
 
 572 INTERROGATORIES AND DEPOSITIONS 
 
 Then annex the answers to the interrogatories, seal all up in 
 one packet, put as many seals on the envelopes as there are 
 commissioners, let each commissioner write his name across the 
 seal, adding the word "Commissioner." Direct the package: 
 
 "To the clerk of county of county, 
 
 Georgia." If the packet is to be sent by mail, let the post- 
 master certify as follows: "Received this package from 
 
 , one of the commissioners , Postmaster 
 
 at " 
 
 State the case on the outside of the envelope, just as it is in 
 the caption of the interrogatories. 
 
 (NOTE. 1. No party, or his counsel, or agent, or other person in his 
 behalf, can be present at the execution of the commission. 
 
 2. No person who would be incompetent as a juror on account of 
 relationship, and no attorney of either of the parties, clerk, or agent 
 paid to discharge this duty can be a competent commissioner. 
 
 3. Witnesses may write out their answers only in presence of the 
 commissioners, and by their consent, AND IN NO OTHER WAY. 
 
 4. All written memoranda, that a witness answers from, must be 
 sent with the commission, and the fact certified by the commissioners.) 
 
 NOMINATION OF COMMISSIONERS. 
 
 and are hereby nominated 
 
 as suitable and competent persons to execute the within inter- 
 rogatories. This day of , 19. . . . 
 
 Attorney for, 
 
 OATH OF WITNESS. 
 
 You do solemnly swear that you will true answers make to 
 the interrogatories put to you in the case pending in the 
 
 Honorable court of county, in which 
 
 is plaintiff and is defendant. 
 
 So help you God. 
 
 [NOTE. The foregoing oath may be administered by one of the 
 commissioners.] 
 
 RETURN OF COMMISSIONERS. 5903. 
 
 State of . . . , County of 
 
 By virtue of the commission duly issued, and to us directed
 
 INTERROGATORIES AND DEPOSITIONS 573 
 
 [or, by virtue of an agreement between the parties, or counsel 
 
 hereto attached] in the case of vs 
 
 pending in the court of .county [or, 
 
 district, as the case may be,] the undersigned, acting as com- 
 missioners, have caused a witness in the said 
 
 case, to come before us, who being duly sworn true answers to 
 make to annexed interrogatories, deposes and answers as follows : 
 
 To the first interrogatory he answers. 
 
 To the second interrogatory he answers. 
 
 Etc., etc. 
 
 Witness. 
 
 Answered, sworn to and subscribed before us this day 
 
 of , 19 
 
 Commissioner. [SEAL.] 
 
 '. . . . Commissioner. [SEAL.] 
 
 Commissioner. [SEAL.] 
 
 CERTIFICATE OF TRANSMISSION. 5898. 
 
 NOTE. A postmaster or express agent receiving a package from one of 
 the commissioners should make the following entry thereon: 
 
 I certify that I received this package from , one of 
 
 the commissioners, to be forwarded by due course of mail [or 
 express, as the case may be]. 
 
 This day of , 19.... 
 
 Postmaster, or express agent at 
 
 I certify that this package was received by due course of mail 
 [or express] this day of , 19. ... 
 
 Postmaster at. 
 
 RECEIPT OF CLERK OR J. P. 5900. 
 
 NOTE. The following entry should be made of the package when 
 received : 
 
 Received the within package in open court of or 
 
 from , postmaster at [or, from
 
 574 INTERROGATORIES AND DEPOSITIONS 
 
 . . . , express agent at ] upon the 
 
 usual oath, with leave to open this day of , 
 
 19.. 
 
 Clerk. 
 
 NOTICE OF TAKING DEPOSITIONS. 
 
 vs. 
 
 No 
 
 In . . . Court 
 
 Term, 19 
 
 To the or , Attorney : 
 
 You are hereby notified that, on 
 
 the day of , 19 . . . . , beginning at . . 
 
 o'clock, M., at building, in 
 
 Georgia, we will proceed to take the depositions of 
 
 before , commissioner of 
 
 Superior Court, on behalf of the in the 
 
 above entitled cause, and will continue from day to day until 
 said examination is completed. 
 
 You are notified to be present and cross-examine said witness. 
 This day of ,19 
 
 Attorney for. 
 
 ACKNOWLEDGMENT or SERVICE. 
 
 Due and legal service of the above notice hereby acknowl- 
 edged, copy received and further notice waived. This 
 
 day of ,19 
 
 Attorney for.
 
 INTERROGATORIES AND DEPOSITIONS 575 
 
 SUBPOENA. 
 
 Georgia, County. 
 
 In. . . .Court. 
 
 vs. 
 
 To , Greeting : 
 
 You are hereby commanded, That, laying all other business 
 
 aside, you personally be and appear at the building, 
 
 at , Georgia, before , 
 
 commissioner, to take your depositions at o'clock, . . .M., 
 
 on the day of , 19. . . ., then and there to 
 
 be sworn as a witness for the in the above stated 
 
 case. Herein fail not under penalty of the law. 
 
 Witness my hand and seal, this day of , 
 
 19 
 
 (L. S.) 
 
 Commissioner. 
 
 RETURN OF COURT COMMISSIONER. 5910-5917. 
 
 (State the case.) 
 
 The deposition of , a witness for the 
 
 in the above stated case, taken upon notice given on the 
 
 day of , 19 . . . . , at in the presence 
 
 of 
 
 The said witness, being first duly sworn, deposes as follows: 
 
 [The commissioner will state what questions, with answer 
 made by the witness immediately afterwards, and conclude as 
 follows:] 
 
 The foregoing depositions were taken before me, as stated in 
 the caption, and the answers reduced to writing by me, or by 
 the witness in my presence and I certify that I am not interested 
 in the case nor kin or counsel to either party. 
 
 This day of , 19 
 
 Official Commissioner.
 
 576 INTERROGATORIES AND DEPOSITIONS 
 
 ARREST OF- WITNESS REFUSING TO APPEAK AFFIDAVIT OF 
 
 PARTY. 
 
 Georgia, County. 
 
 In person appeared before the undersigned , 
 
 who, after being sworn, says that he has commenced his action 
 
 of in the Superior Court of the county of 
 
 in said State, against , which action is now 
 
 pending in said court. That a commission with certain inter- 
 rogatories thereunto annexed, issued from said court, in con- 
 formity to law, to take the testimony of , of 
 
 the county of , a material witness in said case, on 
 
 the part of deponent. That said commissioners have required 
 
 the personal attendance of said in order that his 
 
 testimony might be taken ; but said without 
 
 any legal excuse, fails [refuses or neglects, as the case may be,] 
 to appear before said commissioners for the purpose aforesaid. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 .,J. P. 
 
 ORDER OF THE JUDGE THEREUPON. 
 
 Georgia, County. 
 
 To All and Singular, the Sheriffs and Constables of said 
 
 Whereas, I have been informed by the affidavit of 
 
 that he has commenced his action of in the 
 
 Superior Court of the county of against 
 
 , which action is now pending in said court. 
 
 That a commission with certain interrogatories thereunto an- 
 nexed, issued from the Superior Court of the county of 
 
 in conformity to law, to take the testimony of , 
 
 of the county of , a material witness in said case, 
 
 for the deponent. That said commission has been delivered to 
 
 and as commissioners. That 
 
 said commissioners have required the personal attendance of 
 
 said in order that his testimony might be 
 
 taken, but that said y without legal excuse, 
 
 fails to appear before the said commissioners for the purpose
 
 INTRUDERS 
 
 aforesaid : volt and each of yon are therefore hereby commanded 
 
 .to arrest the body of the said and bring him 
 
 before me at in said county, by o'clock 
 
 of the day of that he may be dealt with as 
 
 the law directs. Herein fail not. 
 
 
 
 Given under my hand and official signature. 
 This day of ,19 
 
 j.s.c.. .'.a 
 
 INTRUDERS. 5380-5384. 
 
 AFFIDAVIT TO REMOVE INTRUDER. 5380. 
 
 Georgia, County. 
 
 Before me, , an officer of said State 
 
 authorized by law to administer oaths, personally appeared 
 
 , who on oath says that he does in good faith 
 
 claim the right of possession to a lot or parcel of land and the 
 
 tenements thereon, to wit, a house and lot in in 
 
 said county, designated as lot No in the plan of 
 
 said and known as the house and 
 
 lot, and that said parcel of land and the tenements thereon is 
 
 in the possession of another person, to wit, one , 
 
 who does not in good faith claim a right to such possession and 
 yet refuses to abandon the same. 
 
 Sworn to and subscribed before me, this 
 day of , -19 
 
 [Official designation.] 
 
 COUNTER AFFIDAVIT. 5380. 
 
 Georgia, County. 
 
 Before me , sheriff of said county, person- 
 ally appeared , who, upon oath, says that he 
 
 does in good faith claim a legal right to the possession of a 
 certain lot or parcel of land and the tenements thereon in 
 in said county, and designated as lot No
 
 578 INTRUDERS 
 
 in the plan of said town, and known as the house 
 
 and lot, being the property described in the affidavit of 
 
 this day exhibited to deponent by said sheriff, 
 
 Sworn to and subscribed before me, this 
 k day of./. , 19 
 
 Sheriff of County. 
 
 [NOTE. The sheriff, under 5381, may administer the above oath.] 
 
 JOINDER OF ISSUE. 5382. 
 
 Comes now the affiant and says that the facts set up in the 
 counter affidavit are not true, and joins issue thereon, and says 
 that affiant is entitled to the property as set out in affiant's 
 affidavit. 
 
 Attorney for Affiant. 
 
 Comes now the respondent and joins issue, and says that the 
 facts set out in his counter affidavit are true. And this he 
 prays may be inquired of by the court. 
 
 Attorney for Kespondent. 
 
 VERDICT. 5383. 
 
 We, the jury, find the issue in favor of , with 
 
 costs of suit. This day of , 19. ... 
 
 Foreman. 
 
 JUDGMENT. 5383. 
 
 Whereupon, it is considered, ordered and adjudged by the 
 
 court that the said is entitled to possession of 
 
 a lot or parcel of land and the tenements thereon, to wit, of a 
 
 house and lot in the town of county, Georgia, 
 
 designated in the plan of said town as lot No . . , and 
 
 known as the house and lot; and that the clerk 
 
 of this court issue a writ of habere facias possessionem in favor
 
 INTRUDERS 5Y9 
 
 of said against for said house 
 
 and lot. 
 
 It is further ordered that the said recover 
 
 of the said . . the sum of dollars 
 
 and costs of suit. This. .-. . . .day of , 19. ... 
 
 Attorney for , Affiant. 
 
 WRIT OF HABERE FACIAS POSSESSIONEM. 5384. 
 
 Georgia, County. 
 
 To all and singular the Sheriffs of this State and their lawful 
 Deputies : 
 
 Whereas, , at the term, 19 . . . . , 
 
 of the Superior Court of said county, recovered by the judgment 
 
 of the said court, of one , a certain house and 
 
 lot in the town of , in said county, designated 
 
 in the plan of said town as lot No , and known 
 
 as the house and lot, which said house and lot 
 
 has heretofore been, and still is, unjustly withheld from the 
 
 said by said And forasmuch 
 
 as it is ordered and adjudged by the court that the said 
 
 have execution upon his said judgment against 
 
 the said according to the force and form and 
 
 effect of his said recovery. 
 
 Now, therefore, you are hereby commanded to proceed forth- 
 with to put the said in full and quiet possession 
 
 of said house and lot with the appurtenances thereto belonging, 
 
 and to make return hereof to the term, 19 . . . . , of said 
 
 Superior Court, in what manner you have executed this writ. 
 
 You are also commanded that of the goods and chattels, lands 
 
 and tenements of the said .you make or cause 
 
 to be made the sum of dollars, which in said court 
 
 was adjudged to the said as costs in this behalf, 
 
 whereof said stands convict as appears to us of 
 
 record. And have you said sums of money before this court on 
 
 the day aforesaid to render to the said for his 
 
 costs aforesaid. And have you then and there this writ. 
 
 Witness the honorable , judge of the said 
 
 court, this day of , 1 9 .... 
 
 Clerk.
 
 580 JUDGMENTS AND DECREES 
 
 JUDGMENT WHERE ISSUE Is FOUND AGAINST THE PLAINTIFF. 
 
 5383. 
 
 Whereupon, it is considered, ordered and adjudged by the 
 
 court that the defendant, , do have and recover 
 
 of the plaintiff, , the sum of dollars 
 
 and cents, costs in this behalf laid out and expended. 
 
 This...... day of ,19 
 
 Defendant's Attorney. 
 
 Affidavit may be made before any officer authorized to administer an 
 oath. 123/456 (51 S. E. 381). County judge is authorized to 
 administer oath and to hear and determine issue made by counter- 
 affidavit. Id. Affidavit should sufficiently describe land to enable 
 sheriff to identify 'premises. GO/523. 
 
 Amendment of affidavit and counter-affidavit not amendable under Act 
 of 1854. 60/524. 
 
 Counter-affidavit should state that occupant bona fide claims legal 
 right to possession. 38/29 (2). Counter-affidavit that defendant 
 "does in good faith claim a legal title to the possession" was 
 sufficient. 73/261. 
 
 Judgment should declare that plaintiff is entitled to possession and 
 that writ of possession do issue including fi. fa. for costs. 123/457 
 (51 S. E. 381). 
 
 JUDGMENTS AND DECEEES. 5934-5979. 
 
 JUDGMENT ON ORDINARY MONEY VERDICT. 5934. 
 
 Whereupon, it is considered, ordered and adjudged by the 
 
 court, that the plaintiff, , do have and recover 
 
 of the defendant, , dollars, 
 
 principal, and dollars, interest, (together with 
 
 future interest upon said, principal at the rate of eight per cent, 
 per annum), and dollars, costs of court. 
 
 This day of , 19 
 
 Attorney for. 
 
 JUDGMENTS AGAINST PRINCIPAL AND SURETY OR INDORSER, 
 
 Whereupon, it is considered, ordered and adjudged by the 
 court, that the plaintiff, , do have and recover
 
 JUDGMENTS AND DECREES 581 
 
 of the defendant, , as principal, and , 
 
 as security (or indorser, as the case may be), the sum of 
 
 dollars and cents, as principal, dollars 
 
 and cents, as interest to date of judgment, and the 
 
 sum of dollars and cents for costs of 
 
 suit, with interest on the principal debt at per cent, per 
 
 annum from date of judgment. This day of , 
 
 19 
 
 Plaintiff's Attorney. 
 
 JUDGMENT ON UNCONDITIONAL, CONTRACT IN WRITING. 6.296. 
 
 vs. 
 
 There being no issuable defense filed on oath in this case, 
 judgment is rendered by the court for the plaintiff against de- 
 fendant for dollars and cents as principal, 
 
 dollars and cents as interest, and 
 
 dollars and cents for costs of suit, with 
 
 interest on the principal debt at per cent, per annum 
 
 from date of judgment. 
 
 This day of. . , 19 
 
 Judge of Superior Court. 
 
 JUDGMENT FOR PLAINTIFF WHERE DAMAGES FOUND IN PER- 
 SONAL ACTION is LESS THAN TEN DOLLARS. 5984. 
 
 Whereupon it is considered, ordered and adjudged by the 
 
 court, that the plaintiff do have and recover 
 
 of the defendant the sum of . 
 
 dollars, and the further sum of [same amount] dollars for costs. 
 
 This day of 19 
 
 Plaintiff's Attorney.
 
 582 JUDGMENTS AND DECREES 
 
 JUDGMENT AGAINST PLAINTIFF FOR BALANCE OF COST. 
 
 (State the case.) 
 
 Judgment having been entered up in favor of plaintiff 
 
 against the defendant for the sum 
 
 of dollars, the amount of costs to which said plaintiff is 
 
 entitled, it is considered, ordered and adjudged by the court 
 
 that defendant do have and recover of the 
 
 plaintiff the sum of dollars and 
 
 cents, balance of costs in this case for the use of the 
 
 officers of the court. 
 
 This the day of , 19 
 
 Plaintiff's Attorney. 
 
 ORDER TO ENTER JUDGMENT AGAINST ATTORNEYS OF 
 RESIDENT PLAINTIFF. 5993. 
 
 (State the case.) 
 
 It appearing to the court that instituted an 
 
 action of. . returnable to the term, 19. . . ., 
 
 of said court in favor of against ; 
 
 and it further appearing that said is a non- 
 resident of this State, and has been cast in his said suit : It is 
 ordered by the court that defendant's counsel have leave to 
 
 enter up judgment against. , the plaintiff's 
 
 attorney, for the costs of the officers of court in said case. 
 
 This'. day of , 19 
 
 JUDGMENT THEREON. 5994. 
 
 Whereupon it is considered, ordered and adjudged by the 
 
 court, that the defendant, , recover of 
 
 , the plaintiff's attorney, the sum of 
 
 dollars and cents, for the costs of the officers of court, 
 
 in the case of against 
 
 This day of , 19. ... 
 
 Defendant's Attorney.
 
 JURISDICTION 583 
 
 Amendment. Court may, at term at which rendered, amend judgments, 
 for cause appearing. 16 App. 596 (85 S. E. 940). By proper order 
 a judgment may be amended so as to conform to pleadings, and 
 this may be done even after issuance of execution and without 
 notice to defendant. 16 App. 466 (1) (85 S. E. 679). 
 
 Form of judgment in city court suggested. 14 App. 329, 332 (80 S. E. 
 913). 
 
 Oral announcement of judgment is not a judgment, when. 126/353 (55 
 S. E. 31). 
 
 Setting aside. Motion, resting upon something presented as an excuse 
 by the movant, should set out a valid and legal defense, and the 
 motion itself should disclose the nature and character of the de- 
 fense, which should be legally a meritorious one. 15 App. 822, 829 
 (84 S. E. 312); 18 App. 368 (2) (89 S. EL 493). Motion to set 
 aside judgment is amendable by adding other grounds. 126/499 
 (7) (55 S. E. 251). 
 
 JURISDICTION. 5663-6667. 
 
 PLEA TO THE JURISDICTION. 5665-5667. 
 
 Georgia, : County. 
 
 rln the Superior Court of 
 County, Term, 19 
 
 And now comes the defendant in the above stated case, at 
 this the appearance term, in his own proper person, and says 
 that this court ought not to have or take further cognizance of 
 the suit above stated, because, he says, that at the time of the 
 
 commencement of the said suit, to wit, on the day 
 
 of , 19 . . . . , and from thence hitherto, the defendant 
 
 resided in the county of in said State, and is now 
 
 a resident of said county of and is not a resident 
 
 of the county of and that the Superior Court 
 
 of county has jurisdiction of this case, and this 
 
 court has not. 
 
 And of this he puts himself upon the country. 
 
 AFFIDAVIT TO PLEA. 5667. 
 
 Georgia, County. 
 
 , the defendant in the above stated case,
 
 584 JURY AND JURORS 
 
 in person, appeared before the undersigned, and makes oath and 
 says that the facts stated in the foregoing plea are true. 
 
 Sworn to and subscribed before me, this 
 
 day of , , 19 
 
 ,J.P. 
 
 PLEA TO THE JURISDICTION IN JUSTICE'S COURT. 
 
 (State the case.) 
 
 And now comes the defendant at the appearance term, and 
 
 on oath says that he , the said defendant, does 
 
 not now, nor at the time of the commencement of said suit, nor 
 for many months before ?he commencement thereof, reside 
 
 in county, Georgia, but that he resided at 
 
 ...... .in county, Georgia, in the district, 
 
 G. M., of said last named county, and that the justice's courts 
 of said district and county have jurisdiction of the case, and 
 
 that the justice's court of the district, G. M., of 
 
 county, has no jurisdiction. 
 
 (NOTE: This plea must be verified, and affidavit may be same as in 
 preceding form.) 
 
 Motion. Question as to jurisdiction can not be raised by motion, but 
 must be by plea, where summons does not show cause of action 
 split so as to bring it within jurisdiction. 102/550 (28 S. E. 225). 
 
 Paragraphs of petition need not be specifically answered, where de- 
 fendant relies upon plea to jurisdiction alone. 9 App. 38 (70 S. E. 
 257). 
 
 Personal, plea is, and must be sworn to by defendant filing it. 136/21 
 (70 S. E. 639). 
 
 Plea to jurisdiction must be sworn to by defendant. 122/279 (2) (50 
 S. E. 105). It must appear in such plea that there is another court 
 in this state, which has jurisdiction of the case. Id. Where plea 
 was stricken, and Supreme Court held that court erred, defendant 
 can not subsequently urged defenses to merits of case without 
 waiving objection to such jurisdiction. 137/300 (73 S. E. 507). 
 Denial of paragraph in petition alleging defendant's residence in 
 county where suit was brought was not equivalent to plea to the 
 jurisdiction. 4 App. 360 (61 S. E 1 . 552). 
 
 "Want of jurisdiction," as used in Code, 5665, refers to jurisdiction of 
 the subject-matter involved in the suit, and not to the person. 12 
 App. 147 (76 S. E. 1055); 132/630 (64 S. E. 790); 18 App. 395 (2) 
 (89 S. E. 442). 
 
 JURY AND JURORS. 
 
 4831 (x)-4831 (cc) ; 811-884, 996-1005 P. C.
 
 JURY AND JURORS 585 
 
 SET FOR SUMMONING GRAND JURORS. 827 P. C. 
 
 .................. Court. 
 
 Grand and Traverse Jurors 
 Drawn for ........ term, 19 ---- , by his Honor .......... , 
 
 Judge of the said court, on ...... day of ........ , 1 9 .... 
 
 GRAND JURORS. 
 
 2 17 
 
 3 18 
 
 4; 19 
 
 5 20 
 
 6 21.* 
 
 7 22 
 
 8 23 
 
 9 24 
 
 10 25 
 
 11 26 
 
 12 27 
 
 13 28 
 
 14 29 
 
 15 30 
 
 TRAVERSE JURORS FIRST WEEK. 
 
 1 19 
 
 2 20 
 
 3 21 
 
 4 " 22 
 
 5 23 
 
 6 24 
 
 7 25 
 
 8 26 
 
 9 27 
 
 10 28 
 
 11 29 
 
 12 30 
 
 13 31 
 
 14 32 
 
 15 33 
 
 16 34 
 
 17 35 
 
 18.. 36
 
 JURY AND JURORS 
 
 1 
 
 TRAVERSE JURORS SECOND WEEK. 
 
 19 
 
 2 
 
 20 
 
 3 
 
 21 
 
 4 
 
 22 
 
 5 .... 
 
 23 
 
 6 
 
 24 
 
 7.' 
 
 25 
 
 8 
 
 26 
 
 9 
 
 27 
 
 10 
 
 28 
 
 11 
 
 29 
 
 12 .... 
 
 30 
 
 13 
 
 31 
 
 14 
 
 32 
 
 15 
 
 33 
 
 16 
 
 34 
 
 17 
 
 35 
 
 18 
 
 36 
 
 
 
 VENIRE FACIAS. 
 
 Georgia, County. 
 
 To the Sheriff of said County : 
 
 You are hereby commanded to summon the persons whose 
 names appear in the foregoing panels, to be and appear at the 
 
 court, to be held in and for said county on the 
 
 Monday in next, at 10 o'clock, A. M., of that day, 
 
 to serve as grand and traverse jurors at the term, 
 
 19. . . ., of said court, they having been duly drawn according 
 to law, and have you then and there this precept with your 
 return thereon, as to how you have executed the same. Herein 
 fail not. 
 
 Witness the Honorable , judge of said court, 
 
 this day of , 19. ... 
 
 Clerk. 
 
 OATH or WITNESS BEFORE THE GRAND JURY. 838 P. C. 
 
 "The evidence you shall give the grand jury on this bill of 
 indictment [or presentment, as the caSe may be here state the
 
 JURY AND JURORS 587 
 
 case] shall be the truth, the whole truth, and nothing but the 
 truth. So help you God." 
 
 SELECTION OF TALES GRAND JURORS. 867 P. C. 
 
 Georgia, ............ County. 
 
 In the Superior Court of said County. 
 ............ Term, 19 ____ 
 
 It appearing to the court that in the investigation by the 
 grand jury of the case of the State vs .................. that 
 
 are as grand jurors disqualified, by reason of relationship to 
 the defendant ............ , whereby the grand jury is reduced 
 
 to ............ qualified jurors, it is ordered that the sheriff 
 
 summon ............ qualified jurors to be sworn and to serve 
 
 on said grand jury in said case. 
 
 J. S.C. 
 
 [NOTE. The judge, in his discretion, may draw the requisite number 
 of tales jurors, from the jury boxes. 867 P. C.] 
 
 ORDER OF COURT. 
 
 The sheriff having summoned 
 
 as tales jurors to serve in the case of the State vs 
 
 It is ordered that the disqualified grand jurors be excused 
 from service in said case, and that the aforesaid tales grand 
 jurors be sworn to serve in said case to complete a panel of 
 eighteen competent grand jurors. 
 
 This day of , 19 
 
 J. S. C.. !.C. 
 
 AFFIDAVIT OF DEFAULTING JUROR. 
 
 Georgia, . County. 
 
 In person appeared before the undersigned , 
 
 who, being sworn, says on oath that he was summoned to attend 
 the Superior Court as a grand juror at the last term of said 
 court; that he made default in not attending said court, for 
 which default he has been fined; that his reason for not attend-
 
 588 JUSTICES AND JUSTICE COURTS 
 
 ing said court was that he was sick and entirely unable to attend 
 [or state any other fact relied on to excuse the default]. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Clerk Superior Court . 
 
 CHALLENGE TO THE ARRAY. 998 P. C. 
 
 The State ^ In Superior Court of 
 
 vs. County, Term, 19. .. 
 
 J Indictment for 
 
 Now comes the defendant in the above named and stated case 
 before plea and arraignment therein, and when and at the time 
 the panel of jurors empaneled to try him are put upon him, he 
 challenges the array of said jurors and says that the same should 
 not be put upon him and try his case, and for grounds thereof 
 says: (Here state the grounds of challenge, which may be 
 "for any cause going to show that it was not fairly or properly 
 empaneled, or ought not to be put upon him.") 
 
 This defendant insists that he is entitled to a fair and proper 
 jury, and for each and all of the reasons hereinbefore set out, 
 he insists that this panel should be quashed. 
 
 Attorney for Defendant. 
 
 JUSTICES AND JUSTICE COURTS, 4648-4775. 
 
 SUMMONS IN JUSTICE COURT. 4715. 
 
 Georgia, County. 
 
 In the Justice's Court of the. 
 
 vs. 
 
 District, G. M., County, 
 
 Ga. 
 
 To any Lawful Constable of said County Greeting: 
 
 The defendant, , of said district and 
 
 county is hereby commanded to be and appear, personally or
 
 JUSTICES AND JUSTICE COURTS 589 
 
 by attorney, at the next justice's court, to be held in and for 
 
 the district, G. M., of county, Georgia, 
 
 at the court house of said district, by 10 o'clock A. M., on 
 
 the day of . , 19 . . . . , to answer to 
 
 plaintiff's demand in an action upon a. . . (attach note, account, 
 
 or cause of action sued on) , a copy of which is hereto 
 
 attached, or in default thereof the court will proceed as to 
 justice shall appertain. Herein fail not. 
 
 Given under my hand and official signature, this day 
 
 of , 19 
 
 , J. P. 
 
 (NOTE: Here attach copy of note, account or cause of action sued 
 upon. The original may be attached to summons and copy of it attach- 
 ed to copy or copies given to constable to serve.) 
 
 COUNTER-AFFIDAVIT TO SUIT ON ACCOUNT. 4730. 
 
 (State the case.) 
 
 Personally appeared before me , the 
 
 defendant named in the above stated case, who, on oath says 
 that the foregoing account is not just and fair, in whole or in 
 part, and defendant does not owe the same or any part thereof 
 [or, if in part just, specify what part'is just, and what part is 
 not due and owing]. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ' 
 
 BREACH OF CONTRACT. 
 
 to Dr. 
 
 On the day of , 19. . . ., the said defendant 
 
 made a written contract with plaintiff to sell him 500 bushels 
 of prime corn at ninety cents per bushel, to be delivered to 
 
 plaintiff at on the day of , 
 
 19.... Defendant failed and refused to comply with this 
 contract, and plaintiff, by reason thereof, was compelled to go 
 into the open market and buy said corn and pay one dollar and
 
 590 JUSTICES AND JUSTICE COUKTS 
 
 five cents per bushel for it, being the market price of it on that 
 day to plaintiff's damage $75.00. 
 A copy of said contract is attached. 
 
 [If the contract, was verbally made state substantially what it was, 
 the breach, the date thereof, and resulting damage.] 
 
 DAMAGES TO PERSONALTY. 
 
 to Dr. 
 
 Plaintiff was the owner of twenty sheep on the day 
 
 of , 19. . . . , in said county. Defendant was on 
 
 that day the owner of a dog, not being at the time on the premises 
 of the owner or possessor or other person having charge thereof, 
 but suffered to go at large. Said dog on the day aforesaid 
 attacked plaintiff's sheep, at that time in plaintiff's pasture in 
 said county, and killed twelve of them, each of the value of 
 five dollars, and maimed five of them to their injury four dol- 
 lars apiece, and all to the plaintiff's damage $80.00. 
 
 Or, 
 
 That the defendant, in said county on the day of 
 
 , 19. . . ., did unlawfully and wrongfully shoot 
 
 and kill one bay horse four years old named the 
 
 property of plaintiff, and worth $90.00, all to the damage of 
 plaintiff in that sum. 
 
 Or, 
 
 The defendant railroad is a corporation of said State, having 
 
 an office and place of doing business in said district, 
 
 county and State as aforesaid. On the day of , 
 
 19. . . ., defendant company killed one mouse-colored mare mule, 
 six years old, the property of plaintiff, and of the value of one 
 hundred dollars, by negligently and carelessly causing and suf- 
 fering one of its locomotives to collide with said mule on a 
 public road crossing in said district and county. 
 
 All to plaintiff's damage $100 as aforesaid. 
 
 [NOTE. Let the constable serve the defendant by serving any officer 
 or agent with a copy of the summons, or by leaving a copy at the place 
 of transacting the usual and ordinary business of the 'company within 
 the jurisdiction of the court.]
 
 JUSTICES AND JUSTICE COURTS 591 
 
 ACTION TO RECOVER VALUE OF MULE. 
 
 to Dr. 
 
 Plaintiff owned and was in possession of a certain tan-colored 
 
 mare mule named , two years old. Defendant, 
 
 in said county, on the day of ,-. ., 19. . .'., 
 
 seized said mule and took her into his possession wrongfully 
 depriving plaintiff of the possession thereof: The defendant 
 so negligently kept stabled and fed said mule and so over-worked 
 the same that by reason thereof she sickened and died, to wit, 
 on the day of , 19 . . . . , prior to the bring- 
 ing of this suit; said mule was of the value of $75.00. De- 
 fendant refuses to pay plaintiff the same or any part thereof. 
 All to the damage of the plaintiff $75.00 as aforesaid. 
 
 ENTRY OF SERVICE OF SUMMONS. 4717, 4718. 
 
 Georgia, County. 
 
 I have this day served the defendant, , with 
 
 a copy of the within summons, by handing the same to him in 
 person [or, by leaving the sanie at his usual and most notorious 
 place of abode]. 
 
 This day of , 19 
 
 Constable. 
 
 JUDGMENT IN JUSTICE COURT. 
 
 Judgment is hereby rendered by the court for the plaintiff 
 
 against the defendant for 
 
 dollars, principal debt, and dollars, 
 
 interest to judgment, with interest on said principal debt from 
 
 day of , 19 . . . . , to day of . . , 
 
 19. . . ., date of judgment, at! per cent, per annum, and 
 
 dollars for attorney's fees and costs of suit. 
 
 This day of , 19 
 
 , J. P.
 
 592 JUSTICES AND JUSTICE COURTS 
 
 SUBPOENA FOR WITNESS. 
 
 Georgia, County. 
 
 To ".: 
 
 You are hereby required to be and appear at the usual place 
 
 of holding justice courts in and for the district, G. M., 
 
 of said county, on the day of , at 
 
 o'clock, A. M., then and there to be sworn and testify as a 
 
 witness in the case of against , 
 
 pending in said court. Herein fail not under the penalty of 
 the law. 
 
 Witness my hand and official signature, this day 
 
 of , 19 
 
 J. P. 
 
 JURY SUMMONS IN JUSTICE'S COURT. 
 
 Georgia, County. 
 
 To : 
 
 By virtue of the precept to me directed, you are hereby com- 
 manded to appear before the presiding justice at the next justice 
 
 court, to be held in and for the district, G. M., in 
 
 and for the county of , on the day of 
 
 , 19. . . ., at 10 o'clock in the forenoon of that 
 
 day, to be sworn 'as a juror. 
 
 , J. P. 
 
 OATH OF JURY. 4744. 
 
 "You shall well and truly try the causes depending between 
 the parties at variance, and true verdict give according to 
 equity and the opinion you entertain of the evidence produced 
 to you, to the best of your skill and knowledge, without favor 
 or affection to either of the parties, provided the case or cases 
 submitted shall not be withdrawn from your consideration ; so 
 help you God."
 
 JUSTICES AND JUSTICE COURTS 593 
 
 FORECLOSURE OF MORTGAGE OF PERSONALTY. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Before me, the undersigned, an officer authorized to admin- 
 ister oaths in this State, comes , who, being 
 
 duly sworn, says on oath that , of 
 
 district, G. M., of said county, is indebted to him on the 
 
 annexed mortgage the sum of dollars principal, 
 
 and dollars interest to date, which amounts are 
 
 now due, and which the said , the mortgagor 
 
 therein, though frequently requested so to do, fails and refuses 
 to pay. 
 
 Affiant makes this affidavit for the purpose of foreclosing 
 said mortgage. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 (NOTE: The party desiring to foreclose can annex the original 
 mortgage to his affidavit, or if he sees proper, he can attach a copy to 
 the affidavit and in such case he should attach to this copy an affidavit, 
 the form of which may be as follows:) 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , the subscriber, who, being duly sworn, on 
 
 oath says that the copy mortgage hereto attached is a true copy 
 of the original mortgage which affiant holds, and which he 
 desires to foreclose. 
 
 Sworn to and subscribed before me, this 
 day of.. , 19 
 
 AFFIDAVIT WHERE DEBT Is NOT DUE. 
 
 Georgia, County. 
 
 Before me, the undersigned, an officer authorized to admin- 
 ister oaths in this State, comes , who, being
 
 594 JUSTICES AND JUSTICE COURTS 
 
 duly sworn, says on oath that , of the 
 
 district, G. M., of the said county, is indebted to him on the 
 
 mortgage annexed hereto, the sum of dollars 
 
 principal, with interest thereon from the .... day of , 
 
 19. . . ., at the rate of per cent, per annum until paid, 
 
 which sum will become due on the day of , 
 
 19. ... Deponent further swears that the said * 
 
 "is actually removing (or about to remove) beyond the limits 
 of said county." 
 
 Affiant makes this affidavit for the purpose of foreclosing said 
 mortgage. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 [*NOTE. Any of the ordinary grounds for attachment may be in- 
 serted in the affidavit such as the defendant "absconds," "resides out 
 of the State," "is causing his property to be removed beyond the limits 
 of the State," "conceals himself," "resists legal arrest," or "is seeking 
 to remove the said property beyond the limits of the State."] 
 
 AFFIDAVIT WHERE MORTGAGOR RESIDES WITHOUT THE STATE. 
 
 Georgia, County. 
 
 Before me, the undersigned, an officer authorized to admin- 
 ister oaths in this State, comes , who, being 
 
 duly sworn, says on oath that , a non-resident 
 
 of said State, is indebted to him on the mortgage annexed hereto, 
 
 the sum of dollars, principal, and. .' 
 
 dollars, interest to date, which amounts are now due and un- 
 paid, and that the property mentioned in the said mortgage is 
 in said county, and he makes this affidavit for~the purpose of 
 foreclosing said mortgage. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.)
 
 JUSTICES AND JUSTICE COURTS ,595 
 
 MORTGAGE Fi. FA. 
 
 To All and Singular the Constables of said State, Greeting : 
 You are hereby commanded that of the goods and chattels 
 
 of of the district, G. M., of said 
 
 county to wit -. [describe the property as set out in the 
 
 mortgage] you cause to be made the sum of 
 
 dollars and cents for principal, and 
 
 dollars and cents as interest to the day -of 
 
 , 19 . . . . , (and all future interests at the rate of 
 
 eight per cent, per annum), and dollars and 
 
 cents costs of suit, which said amounts are due 
 
 on the foreclosure of a mortgage on said property made before 
 
 me this day of , 19 And have you 
 
 the said sums of money, together with this writ, at the justice's 
 court aforesaid, at the next term after said money can be law- 
 fully made to be rendered to the said as his 
 
 principal, interests and costs as aforesaid. 
 
 Given under my hand and official signature, this day 
 
 of ,"l9 
 
 (Official designation.) 
 
 REPLEVY BOND IN SUCH CASES. 
 
 Georgia, County. 
 
 Know all men by these' presents, that we, , 
 
 as principal, and , as security, acknowledge 
 
 ourselves held and firmly bound unto , plaintiff 
 
 in fi. fa. in the sum of dollars, for the payment 
 
 of which we bind ourselves, our heirs, executors and adminis- 
 trators, jointly and severally by these presents. Signed, sealed 
 and dated this day of , 19. ... 
 
 The condition of this obligation is as follows : [gi ye 
 
 official designation of levying officer] , of said county, 
 
 having levied upon certain personal property, to wit : 
 
 [describe the property as in the entry of levy] as the 
 
 property of the said by virtue of a certain chattel 
 
 mortgage fi. fa. issued out of the court of 
 
 county aforesaid, upon the foreclosure of a certain mortgage
 
 596 JUSTICES AND JUSTICE COURTS 
 
 executed by the said by the said ; 
 
 and the said having filed an affidavit of illegality 
 
 thereto. 
 
 Now, should the said return the said mort- 
 gaged property when called for, by. . . [give official designation 
 of levying officer] ... as aforesaid, then this bond to be void, 
 else of force. 
 
 This day of..' , 19 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Executed in the presence of and approved 
 by me , J. P. 
 
 FI. FA. IN FORMA PAUPERIS IN ILLEGALITY PROCEEDINGS. 
 
 (State the case.) 
 
 Mortgage Fi. Fa. returnable to Term, 19. . . ., 
 
 of the Court of County. 
 
 Illegality of Execution. 
 
 Georgia, County. 
 
 Personally before me, , a justice of the 
 
 peace in and for said county, came , who, 
 
 being duly sworn, says on oath that he has been advised and 
 believes that his grounds of illegality sworn to in the above- 
 stated case will be sustained, and that from poverty he is unable 
 to give bond and security required by law in such cases. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 [NOTE. For form of affidavit of illegality and subsequent proceedings 
 thereof, see ante, pages 461-464.] 
 
 JUDGMENT AGAINST PRINCIPAL AND SURETY. 
 
 (State the case.) 
 
 Judgment is hereby rendered by the court for the plaintiff, 
 
 , against the defendant, , 
 
 as principal, and and , as sureties, 
 
 for the sum of dollars and cents, principal 
 
 debt, and the further sum of dollars and
 
 JUSTICES AND JUSTICE COUETS 597 
 
 cents, interest, with interest on the principal debt from 
 
 day of , 19. . . ., to day of , 
 
 19. . . ., date of judgment, at per cent, per annum, with 
 
 costs of suit. 
 
 This day of , 19 
 
 J. P. 
 
 CLAIM. 
 
 
 
 Georgia, County. 
 
 Personally before me, the undersigned, a justice of the peace 
 
 in and for said county, comes , who being duly 
 
 sworn, on oath says that a certain . . . [describe the property as 
 
 in levy] . . . , levied on by , L. C., as the 
 
 property of , by virtue of a fi. fa. issued from 
 
 the justice's court of the district, G. M., of said 
 
 county, in favor of . . .- against , 
 
 is the right and property of deponent, and is not subject to 
 said fi. fa. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 .,J. P. 
 
 CLAIM BOND. 
 (See ante, page 356.) 
 
 FORTHCOMING BOND. 
 (See ante, page 357.) 
 
 Amendment to plea may be treated as a new and distinct plea without 
 reference to the original plea, if such amendment constitutes com- 
 plete answer. 125/G7G (54 S. E 1 . 753). 
 
 Exhibit. Where suit is not on note or account, copy of cause of action 
 should be attached, and where neither the summons nor the ex- 
 hibit shows nature of the claim, suit will be! dismissed. 121/275 
 (48 S. E. 940). 
 
 Form. Distinctions as to forms of action observed in superior court do 
 not obtain in justice's court. 15 App. 811, 814 (84 S. E. 211).
 
 598 LANDLORD AND TENANT 
 
 Pleading. Great nicety of pleading is not required; pleadings are gen- 
 erally sufficient if defendant is informed thereby of nature of the 
 plaintiff's demand against him. 17 App. 744, 745 (88 S. B. 403); 
 15 App. 455, 456 (83 S. B. 896); 13 App. 416 (79 S. E. 226). All 
 of pleadings required in justice's court is a summons to which is 
 attached, at time of issuing it, cause of action sued on. 15 App. 
 811, 814 (84 S. E'. 211). 
 
 Summons. "To the defendant" named in caption, not in body sufficient. 
 127/6 (55 S. E. 1032). 
 
 Verification. Where plaintiff verified his account, unverified answer 
 was properly stricken and judgment entered for plaintiff. 10 App. 
 ' 278 (73 S. E. 350). Verification may be added by amendment. 
 12 App. 62 (86 S. E. 760). Plea to jurisdiction must be verified. 
 fl/208; 17/573. Verified plea to unconditional contract is not 
 required. 125/43 (53 S. E. 767). 
 
 Writing. ' Plea of breach of warranty or recoupment to attachment for 
 purchase money need not be in writing. 122/318 (50 S. E, 92). 
 Pleas are not ordinarily required to be in writing. 125/43 (53 S. 
 E. 767). See Code, 4739). 
 
 LANDLORD AND TENANT. 3690-3715. 
 
 NOTE CHEATING LANDLORD'S SPECIAL LIEN. 3348 (2), 3702. 
 
 Georgia, County. , 19 .... 
 
 $ On or before the , 19 , 
 
 promise to pay , landlord, or order, 
 
 dollars, for supplies, money, stock, farming utensils, etc., fur- 
 nished by him for the purpose of making the crops of the 
 present year, on the premises occupied by me as the tenant of 
 
 said in county, Georgia, and of 
 
 necessity in the making of such crops. 
 
 I hereby waive all rights of homestead and personalty and 
 of either, as against this note ; and should the same be collected 
 by an attorney or by law, I bind myself and contract to pay all 
 costs of suit, and ten per cent, attorney's fees on principal and 
 interest, to be covered with and in the same manner as said 
 principal and interest. And should this obligation not be paid 
 at maturity, it is to draw interest from date at eight per cent, 
 per annum until paid. 
 
 In consideration of the advances for which the above note is 
 
 given I hereby give to the said 
 
 or order, a lien on my entire crops to be grown the present year, 
 and on my stock of all kinds, consisting of
 
 LANDLORD AND TENANT 599 
 
 and agree that said lien may be enforced as a lien or mortgage 
 at the option of the holder. I hereby covenant that I will not 
 otherwise encumber said crops and stock by lien or mortgage, 
 and that there is no previous lien or mortgage existing on the 
 
 same except 
 
 And I further contract and specially agree, as a part of the 
 consideration upon which said advance is made, that the first 
 cotton, corn or other produce I get ready or have for market is 
 to be tendered, or a sufficiency thereof, to the holder of this 
 obligation, in settlement of same at market price of such produce. 
 
 Witness hand. . and seal. . 
 
 [SEAL,.] 
 
 [SEAL.] 
 
 Executed in presence of 
 
 ,J.r. 
 
 LANDLORD'S ENDORSEMENT. 3348 (2), 3372. 
 
 Tenant. 
 
 For value received, I hereby assign, transfer and endorse the 
 
 within tenant's obligation to , or order, under 
 
 and according to the provisions of Civil Code, 3348 (2), 
 relating to transfer of landlord's liens. 
 
 This day of , 19 
 
 Landlord. 
 
 I guarantee the payment of within obligation, and hereby 
 waive my claim for rent until this debt is paid. 
 
 Landlord. 
 
 SPECIAL CONTRACT OF TENANT CREATING LIEN OF LANDLORD 
 FOR SUPPLIES FURNISHED. 3348, 3702. 
 
 (Another form.) 
 
 Georgia, County. 
 
 A special lien is hereby created by me, the undersigned, in 
 
 favor of my landlord, , and his assigns, upon 
 
 all the crops that shall be raised during the year upon 
 
 the lands rented by me for the said year from said 
 
 The special lion hereby created is given him for the purpose of
 
 600 LANDLORD AND TENANT 
 
 securing payment of any debt not exceeding dollars 
 
 that I may contract with the said for supplies, 
 
 money, stock, farming utensils, or other articles of necessity to 
 make crops furnished during said year upon the lands rented 
 
 as aforesaid, the debt for which is to become due on the 
 
 day of ,19 
 
 ASSIGNMENT OF FOREGOING LIEN. 3348 (2). 
 
 For value received I hereby assign and transfer to , 
 the lien created by the within contract. 
 This day of , 19 
 
 FORECLOSURE OF LANDLORD'S LIEN FOR SUPPLIES. 
 3366, 3702. 
 
 Georgia, County. 
 
 Personally before me, , the undersigned, 
 
 an. officer of said State authorized to administer oaths, came 
 
 , who, being duly sworn, says on oath that, 
 
 in the year 19 .... affiant rented certain lands in 
 
 county, to wit acres situated [give general 
 
 description of land] for the purpose of making a crop thereon, 
 and that during said year, and during the existence of said 
 
 contract of renting, affiant as landlord furnished to 
 
 as his said tenant [specify the supplies, money, 
 
 stock, farming utensils and provisions furnished to tenant] for 
 the purpose of making a crop, all of the aggregate value of 
 dollars, all of said articles so furnished as afore- 
 said, being articles of necessity to make crops. 
 
 Affiant says that after said sum of dollars 
 
 became due, to wit, on the day of , 19 . . . . , 
 
 he demanded payment thereof of his said tenant the said 
 
 , and that said then refused and 
 
 still refuses to pay the same. Affiant makes this affidavit within 
 one year after said debt for supplies as aforesaid became due, 
 and for the purpose of foreclosing his special lien as landlord 
 
 upon the crops raised by his said tenant, the said , 
 
 upon lands rented as aforesaid, for the said year of , 
 
 to wit [describe the crops against which the lien is sought to be 
 foreclosed].
 
 LANDLORD AND TENANT 601 
 
 Affiant prays that an execution may issue for said amount 
 of dollars, and the costs as provided by law. 
 
 Sworn to and subscribed before me, this 
 
 day of. ,19 
 
 ,J.P. 
 
 EXECUTION ISSUED UPON FOREGOING AFFIDAVIT. 3366 (4). 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of said State and their Lawful 
 Deputies : 
 
 You are commanded that of the goods and chattels, lands and 
 
 tenements of one , of said county, and of the 
 
 property of the said , to wit [describe the 
 
 property on which the special Hen is claimed as set out in the 
 affidavit], now stored and kept [describe where such property 
 
 is situated] , being the crops of lands rented by said 
 
 of said for the year , you make or 
 
 cause to be made the sum of dollars, which 
 
 , for the purpose of foreclosing his special lien 
 
 as landlord, made affidavit before me this day is due and owing 
 
 to him from the said , his tenant, for supplies, 
 
 money, stock, farming utensils and provisions, furnished said 
 
 tenant by him, the said , during said year of 
 
 for the purpose of making the crop on the land 
 
 aforesaid rented to the said by the said 
 
 and of necessity to make such crop for the year 
 
 , together with all interests which may become due 
 
 on said dollars, and dollars costs of suit. 
 
 And have you the said sums of money, together with this writ 
 
 at the next Superior Court of said county, to render 
 
 unto the said his principal, interest and costs 
 
 aforesaid. 
 
 Witness the Honorable , judge of said court, 
 
 this day of , 19 .... 
 
 '' Clerk.' 
 
 [NOTE. If the amount is within the jurisdiction of the justice's court, 
 the writ should be directed to the constables of said county, and made 
 returnable to the proper court of the militia district, and affidavit made 
 before the justice of the peace.]
 
 602 LANDLORD AND TENANT 
 
 FORECLOSURE OF ASSIGNED LIEN FOR SUPPLIES. 
 
 Georgia, County. 
 
 Personally before me, the undersigned, , a 
 
 justice of the peace in and for said county, came , 
 
 who, being duly sworn, says on oath that on the day 
 
 of , 19. . . . , one , of the 
 
 district, G. M., of said county, executed and delivered to. ... 
 
 a certain contract in writing, a copy of which is 
 
 hereto attached. 
 
 That on the day of , 19. . . ., the said 
 
 assigned to affiant the lien created by said 
 
 contract in words and figures as follows which will be found 
 endorsed on back of said contract [set out the assignment] : 
 
 Affiant shows that during said year 19. . . . said 
 
 furnished the said the following articles, 
 
 to wit: [describe the articles supplied], of the aggregate value 
 
 of dollars, said articles being such as were of 
 
 necessity to make the crop, and being furnished by the said 
 
 for the purpose of making a crop for the year 
 
 19. ... upon the lands rented by the said from 
 
 the said for the said year. Affiant avers that 
 
 said sum of dollars is due, and that since it became 
 
 due he demanded payment of the same from the said 
 
 and that said refused and still refuses 
 
 to pay the same or any part thereof. 
 
 Affiant makes this affidavit within one year from the time said 
 
 dollars became due for the purpose of foreclosing 
 
 the special lien covered by the contract aforesaid and the assign- 
 ment thereof to him. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 FORECLOSURE OF LANDLORD'S LIEN FOR SUPPLIES, WHERE 
 DEBT Is NOT DUE. 
 
 (The foregoing form may be used striking out therefrom the 
 allegation that the debt is due and inserting in lieu thereof the 
 following:)
 
 LANDLORD AND TENANT 603 
 
 Affiant shows that the said sum of dollars is not 
 
 yet due, but that the said is removing [or 
 
 about to remove] his crop from the premises of affiant, and that 
 
 he has demanded payment of the said sum of dollars 
 
 after information received by affiant that said 
 
 is removing [or about to remove] said crop, as aforesaid, and 
 
 that the said refused when so demanded as 
 
 aforesaid, and still refuses to pay said dollars, or 
 
 any part thereof. 
 
 SKELETON FORM OF CONTRACT WITH EMPLOYEE, TENANT 
 OR CROPPER. 3712. 
 
 Georgia, County. 
 
 This indenture witnesses, that , as employer 
 
 [landlord or landowner], and , as employee 
 
 [or cropper] have agreed and contracted, and hereby agree and 
 contract, as follows: [State what the contract is.] 
 
 The foregoing contract duly executed before 
 
 me, this day of , 19. ... 
 
 ,J.P. 
 
 LEASE CONTRACT FOR CITY PROPERTY. 
 
 Georgia, County. 
 
 This agreement, made and entered into this day 
 
 of , 19 . . . . , between , of the 
 
 first part, and , of the second part, both of 
 
 said county: 
 
 Witnesseth : That the said party of the second part has this 
 day rented and leased from the said party of the first part a 
 certain house and lot [describe the property] known as Number 
 
 street, for the term of commencing 
 
 on the day of , 19. . . ., and ending on the 
 
 day of , for which the party of the second 
 
 part agrees to pay said party of the first part dollars 
 
 per month, in advance; and on his failure to pay the same
 
 604 LANDLORD AND TENANT 
 
 i 
 
 promptly, when due, said has the right and 
 
 option to declare this lease void, cancel the same, and take pos- 
 session of the premises. 
 
 Said party of the second part hereby waives and renounces 
 for himself and family any and all homestead and exemption 
 rights he may have under or by virtue of the laws of this State 
 or of the United States, as against any liability that may accrue 
 under this contract. 
 
 Said party of the second part further agrees to repair at his 
 own expense any damage to water pipes caused by freezing, or 
 any neglect of said party of the second part, and to pay the 
 water rent on said premises ; and not to sublet the premises, 
 
 or any part thereof, without the written consent of said 
 
 and he further agrees that he will deliver said premises 
 
 at the expiration of the lease in as good repair as when first 
 received, natural wear and tear excepted. 
 
 Said party of the first part agrees that should the premises 
 above described be destroyed by fire or so damaged as to become 
 untenable, the rent shall cease from the date of the fire. 
 
 Lessor reserves the privilege to put a card "For Sale" on said 
 property at any time, and to put a card "For Rent" on said 
 property thirty days before the termination of this contract, 
 and to enter upon said premises at any time for the purpose of 
 making repairs and improvements thereon, or upon the building 
 of which said premises constitute a part ; or to enter upon said 
 premises to repair or improve lessor's adjoining property, if 
 any. Lessee. . agree. . to pay ten per cent, attorney's fees on 
 any part of said rental that may be collected by suit or by an 
 attorney after the same is past due; and to be responsible for 
 all damages to said premises, or to the property of lessee's other 
 tenants in said building or adjoining building, caused by the 
 overflow or breakage of waterworks in said premises during 
 this lease. 
 
 [Signed in duplicate.] 
 
 In witness whereof, we have hereunto set our hands and seals, 
 the day and year first above written. 
 
 [SEAL.] 
 
 [SEAL.] 
 
 Executed in the presence of
 
 LIENS 605 
 
 WARRANT AGAINST TENANT HOLDING OVER. 5386. 
 (See Dispossessory Warrant, ante, pages 425-428.) 
 
 DISTRESS WARRANT. 5390-5394. 
 (See Distress Warrant, ante, pages 428-430.) 
 
 LIENS. 3329-3376. 
 
 CONTRACTOR'S LIEN. 3329, 3352, 3353. 
 
 FORM OF DECLARING CLAIM OF LIEN ON REAL ESTATE. 3353. 
 
 Georgia, County. 
 
 "A. B., a mechanic, contractor, materialman, machinist, 
 manufacturer, or other person (as the case may be), claims a 
 lien on the house, factory, steam-mill, machinery or railroad 
 (as the case may be), and the premises or real estate on which it 
 is erected or built, of C. D. (describing the houses, premises, 
 real estate or railroad), for building, repairing, improving or 
 furnishing material (or whatever the claim may be)." 
 
 MATERIAL MAN FURNISHING MATERIAL AT INSTANCE OF 
 CONTRACTOR. 3352 (2). 
 
 , a materialman engaged in the business 
 
 of furnishing material for the improvement of real estate, claims 
 a lien upon the building, and the premises or real estate upon 
 
 which it is erected, of which said real estate 
 
 12 described as follows, to wit: [describe the realty.] 
 
 Said lien is claimed by the undersigned for furnishing ma- 
 terial used in the construction and erection of said building and 
 
 the improvement of said real estate, to the amount of 
 
 dollars, besides interest which said material was furnished by 
 
 the undersigned to and at the instance of 
 
 a contractor employed by the owner and engaged in the con- 
 struction and erection of said building and in the improvement 
 of said real estate. This lien is recorded within three months 
 after said material was furnished by the undersigned. 
 
 This day of , 19
 
 606 LIENS 
 
 CLAIM OF LIEN ON REAL ESTATE,, FORM OF DECLARING. 
 3353 (2). 
 
 A. B., a mechanic, (contractor, materialman, machinist 
 manufacturer, or other person, as the case may be), claims a 
 lien on the house, factory, steam-mill, machinery or railroad 
 (as the case may be), and the premises or real estate on which 
 it is erected or built, of . . . [describing the houses, premises, or 
 real estate or railroad] . . .for building, repairing, improving or 
 furnishing material (or whatever the claim may be), which 
 claim is asserted and recorded within three months since the 
 completion of the work in the office of the clerk of the superior 
 court of the county in which such real estate is located. 
 
 [NOTE. The claim of lien must be recorded within three months 
 after the completion of the work, or within three months after such 
 material or machinery was furnished, in the office of the clerk of the 
 Superior Court in the county where such property is situated. This 
 applies to all mechanics of every sort (who have taken no personal 
 security therefor), for work done or material furnished in the build- 
 ing, repairing, or improving the real estate of their employer; all con- 
 tractors, materialmen and persons furnishing materials for the im- 
 provement of real estate; all contractors for building factories, or fur- 
 nishing material for the same or machinery for the same; all me- 
 chanics and manufacturers of machinery (including corporations), who 
 may furnish or put up in any county of this State any steam mill or 
 other machinery, or who may repair the same; and all contractors to 
 build railroads. Each of the persons named have a special lien on such 
 real estate, factories or railroads. 3352. The action for the recovery 
 of the amount claimed must be commenced within twelve months from 
 the time the same shall become due. 3353 (4).] 
 
 VERDICT SETTING UP LIEN. 
 
 We, the jury, find for the plaintiff the sum of 
 
 dollars, principal debt, dollars interest, and costs 
 
 of suit. We further find that the plaintiff's lien as 
 
 be set up and established upon the property described in the 
 
 petition for the amount of this verdict. This day 
 
 of ,19 
 
 Foreman.
 
 LIENS 607 
 
 JUDGMENT THEREUPON. 
 
 Whereupon it is considered, ordered and adjudged by the 
 
 court that the plaintiff do have and recover of 
 
 the defendant the sum of dollars, 
 
 principal debt, dollars, interest, and 
 
 dollars, costs of suit. It is further considered, ordered and 
 
 adjudged by the court that the plaintiff's lien as a 
 
 to the amount of said principal, interest and costs, be set up 
 and established upon the following property: [describe the prop- 
 erty as described in the petition to foreclose. This day 
 
 of.' , 19 
 
 Attorney for Petitioner. 
 
 EXECUTION UPON THE ABOVE JUDGMENT. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of this State, and their 
 
 Deputies : 
 We command you, that of the goods and chattels, lands and 
 
 tenements of more especially of. .-. [describe 
 
 the .special property which is the subject of the lien, as described 
 in the petition to foreclose]. . .you cause to be made the sum 
 
 of dollars and cents, principal, and the 
 
 further sum of dollars and cents for 
 
 interest due to the day of , 19. . . ., and 
 
 a].-o the further sum of dollars and. cents 
 
 for attorneys' fees ; and also the further sum of 
 
 dollars and cents for costs, with interest on the prin- 
 cipal sum from the day of , 19. . . ., at 
 
 per cent, per annum, which at our Superior Court for 
 
 suid county, to wit : on the day of . . ., 19. . . ., 
 
 , as plaintiff, recovered against said 
 
 , as defendant for principal, interest and costs ; and that 
 
 you have the several sums of money before the court 
 
 of said county on the first Monday in next, with 
 
 this writ to render to the said plaintiff the principal, interest 
 and cost aforesaid. 
 
 Witness the honorable , judge of said court, 
 
 this day of , 19. ... 
 
 , Clerk.
 
 608 LIENS 
 
 FORECLOSURE OF LIEN ON PERSONALTY GENERAL FORM 
 UNDER. 3366. 
 
 Georgia, County. 
 
 Before me, , the undersigned, an officer of 
 
 this State authorized to administer oaths, personally appeared 
 , who, on oath, says that affiant is a 
 
 , that of said county, is 
 
 indebted to affiant as such in the sum of dollars 
 
 for. . . (here state grounds and nature of lien.) That said 
 amount is due and unpaid, the same having become due on 
 
 the day of ,19 That on the 
 
 day of , 19. . . ., he made a personal demand for 
 
 payment of the same upon the said , and that 
 
 said then and there refused and still does 
 
 refuse to pay the same. 
 
 Deponent has completed and performed his contract as afore- 
 said. 
 
 Wherefore, deponent now comes, within one year after said 
 debt became due, and makes this affidavit for the purpose of 
 
 foreclosing his lien upon the said and prays 
 
 that an execution may issue as provided by law. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ' 
 
 EXECUTION THEREUPON. 3366 (4). 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of said State and their Lawful 
 
 Deputies : 
 You are hereby commanded that of the goods, chattels, lands 
 
 and tenements of , of said county, and of 
 
 certain personal property, the property of the said , 
 
 to wit : . . . [describe the property on which the special lien is 
 claimed, as in affidavit] . . .you make, or cause to be made, the 
 
 sum of dollars and cents, principal, the 
 
 further sum of dollars and .cents, 
 
 interest up to the day of , 19 . . . . , and 
 
 also the further sum of. . .dollars and. , . .cents
 
 LIENS 609 
 
 for costs, which one for the purpose of fore- 
 closing on said property his lien as this day 
 
 made oath before me, was due and owing to him from the said 
 
 And have you the several sums of money 
 
 at the court of in said county, to be 
 
 held on the day of , 19. . . ., to render to 
 
 the said , his principal, interest and costs, as 
 
 aforesaid. And have you then and there this writ. 
 
 Witness the honorable , judge of said court, 
 
 this day of , 19. ... 
 
 , Clerk. 
 
 COUNTER-AFFIDAVIT. 3366 (6, 7). 
 Plaintiff in fi. fa. 
 
 vs. 
 
 Foreclosure of lien. 
 
 Execution from . . . . Court of . 
 
 Principal, $ 
 Defendant in fi. fa. 
 
 Personally appeared before me, , a justice 
 
 of the peace for said county, , and tenders 
 
 this his counter-affidavit, and on oath says: 
 
 1. That he is not indebted to plaintiff in the sum claimed, 
 nor in any sum whatever. 
 
 2. [or] That the debt, the collection of which is sought to 
 be enforced by the suing out of the execution in the above- 
 stated case, is not yet due. 
 
 3. [or] Affiant denies that any demand for payment of said 
 debt was made upon him as required by law. 
 
 4. [or] Affiant says that the demand made upon him for the 
 payment of said debt was made before the same became due. 
 
 5. [or] Affiant says that more than twelve months had elapsed 
 since said debt became due, and the making of the affidavit to 
 enforce the collection of the same. 
 
 6. [or] Affiant denies that the said faithfully 
 
 performed and completed his contract in this : 
 
 [Set out the particulars in reference to the breach of contract 
 by plaintiff in fi. fa.] 
 
 Sworn to and subscribed before me, this 
 day of , 19
 
 610 LIENS 
 
 MECHANIC'S CLAIM OF LIEN ON PERSONALTY, RECORD OF. 
 
 3354. 
 
 "A. B., mechanic, claims a lien on .... [here describe the 
 property] ... of C. D., for work done and material furnished 
 in manufacturing or repairing (as the case may be) the same." 
 
 FORECLOSURE OF LABORER'S LIEN IN .JUSTICE'S COURT. 3334. 
 
 Georgia, County. 
 
 Personally came , who, on oath, says he is 
 
 a laborer; that as sucli laborer he was recently employed by 
 of said county, to work and labor 
 
 at the following rate of wages 
 
 That he himself did the work according to contract, and com- 
 pleted said contract of labor, and of the amount earned by him 
 
 the sum of dollars is now due and unpaid; that 
 
 he has demanded the payment of said sum from his said em- 
 ployer since the same became due, and the same was refused: 
 Wherefore deponent prays that execution may issue for the 
 
 principal sum last above named, with legal interest from 
 
 and all cost of suit. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P District, G. M. 
 
 EXECUTION. 
 
 Georgia, County. 
 
 To All and Singular the Constables of said County, Greeting: 
 You are hereby commanded, that of the goods and chattels, 
 
 lands and tenements of you cause to be made 
 
 by levy and sale dollars, principal, 
 
 dollars, interest to date and cost of this suit, which sum was 
 adjudged against him upon an affidavit foreclosing a laborer's 
 lien matle before , J. P., for the
 
 LIENS 613 
 
 district, G. M., on the day of , 19. . . ., by 
 
 the affiant whose name is subscribed to the foregoing affidavit 
 a? plaintiff in favor of such party. 
 
 And have you this writ at the term, 19. . . ., 
 
 of the justice's court for the district, G. M., to be 
 
 held on the day of , 19, . . ., to render an 
 
 account of your actings and doings thereon. 
 
 Given under my hand and seal, this the. . , 19. ... 
 
 J. P District, G. M. 
 
 LEVY BY OFFICER. 
 
 Georgia, County. 
 
 Executed the within lien by levying on the following described 
 
 property, to wit : 
 
 (said property pointed out by the plaintiff. . ) 
 
 as the property of the defendant this 
 
 day of ,19 
 
 , L. C. 
 
 LABORER'S SPECIAL LIEN. 3335, 3339. 
 
 AFFIDAVIT TO FORECLOSE. 
 
 Georgia, County. 
 
 Personally appeared before me, the undersigned attesting 
 
 officer, , the subscriber, who, being duly 
 
 sworn, on oath says that he contracted with , 
 
 of , said county, at and for the sum of 
 
 to labor for him .- from the day 
 
 and year aforesaid in the capacity of 
 
 That he has faithfully performed and completed the said 
 contract of labor ; and that there is now due to him and unpaid 
 
 for said labor performed as aforesaid from the said 
 
 the sum of dollars, as principal, and 
 
 dollars, as interest. 
 
 That the product of said labor is 
 
 That after the same became due, to wit *. on the day 
 
 of , 19. . . ., he made a personal demand upon 
 
 the said debtor for the payment thereof, which . . he . . then and 
 there refused. ,
 
 612 LIENS 
 
 This affidavit is made within twelve months from the time 
 said debt became due, for the purpose of foreclosing his lien as 
 such laborer on said described property. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Notary Public and ex-officio Justice of the 
 Peace. 
 
 EXECUTION. 
 
 Georgia, ............ County. 
 
 To All and Singular the Sheriffs and Constables of said County : 
 
 The foregoing affidavit having been made before me, you are 
 therefore hereby commanded that of said property of said 
 debtor, described in said affidavit, you make by levy and sale 
 the said sum of ............ dollars, as principal, .......... 
 
 dollars, as interest to this date ; and one dollar, cost of this fore- 
 closure. And have you said sums of money together with this 
 writ, at the justice's court to be held in and for the ......... 
 
 district, G. M., of said county, on the .......... in ......... , 
 
 19 . . . . , to render to the said ................. his principal, 
 
 interest and cost aforesaid. 
 
 Given under my hand and official seal, this .............. , 
 
 19 ____ 
 
 Notary Public and, ex-officio Justice of the Peace. 
 
 BOARS, BULLS, JACKS AND STALLIONS LIEN OF OWNERS or. 
 3329 (12), 3361. 
 
 Georgia, County. 
 
 , as the owner of a stallion known by the 
 
 name of , claims for the service of said stallion 
 
 upon a certain sorrel mare, the property of , of 
 
 said county, a lien upon the get of said stallion, begotten upon
 
 LIENS 613 
 
 said mare on the day of , 19. . . ., and he 
 
 hereby asserts and records his lien thereon. 
 This day of , 19 
 
 [NOTE. 3361 covers also jacks, and blooded or imported bulls or 
 boars; and to make the lien operative it must be recorded in the office 
 of the clerk of the Superior Court of the county wherein the owner of 
 the mother resides within six months after the performance of the 
 services.] 
 
 AFFIDAVIT FORECLOSING LIEN. 
 
 Georgia, County. 
 
 Personally before me, , an officer authorized 
 
 to administer oaths, came , who on oath says 
 
 that of the district, G. M., of 
 
 said county, is indebted to him in the sum of dollars 
 
 for the service of a certain stallion known by the name of 
 
 , said service having been performed by the said 
 
 stallion on the day of , 19 . . . . , upon a 
 
 certain sorrel mare, the property of the said 
 
 at the time of said service, affiant being the owner of said 
 
 stallion at that time. Affiant avers that agreed 
 
 to pay the sum of dollars for said service and said 
 
 sum became due on the day of , 19. . . ., 
 
 and that he has since demanded payment thereof of the said 
 
 , who was the owner of said get at the time 
 
 of said demand, who refused, and still refuses to pay the same 
 or any part thereof. Affiant caused to be recorded in the office 
 
 o f the clerk of the Superior Court of county 
 
 (wherein the owner of the mother of said get resided at the 
 
 time of said record), to wit: on the day of , 
 
 19. . . ., his lien upon the get of said stallion, which get is. . . 
 [describe it] 
 
 Affiant further avers that he makes this affidavit within one 
 year from the time said debt became due, and also within one 
 year from the birth of said get, and for the purpose of fore- 
 closing his lien upon said get. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ,J.P.
 
 614 LIENS 
 
 EXECUTION THEREUPON. 3366 (4). 
 
 Georgia, County. 
 
 To All and Singular the Constables of said County: 
 
 You are hereby commanded that of . . , of 
 
 the district, G. M., of said county, and of a certain 
 
 .... [describe the get] . . . , said colt being the issue of a certain 
 
 sorrel mare, property of said , you make or 
 
 cause to be made the sum of dollars, principal 
 
 debt, which. for the purpose of foreclosing his 
 
 lien on the get of a certain stallion known by the name of 
 
 against said this day made 
 
 affidavit before me is due and owing to him for the service of 
 
 said stallion upon said mare ; also the further sum of 
 
 dollars interest, and dollars costs. And have you 
 
 the said several sums of money at the next court to be 
 
 held in said on the day of , 
 
 19. . . ., to render to the said his principal, 
 
 interest and costs as aforesaid. And have you then and there 
 this writ. 
 
 Given under my hand and official signature this day 
 
 of ,19.... 
 
 . J. P. 
 
 SAWMILLS LIENS FOE LOGS, ETC., FURNISHED TO. 
 3358, 3366 (3). 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally before me, , an officer authorized 
 
 to administer oaths, came , who on oath says 
 
 that during the year he furnished to a sawmill owned 
 
 by one , of the district, G. M., of 
 
 said county, said mill situated at [describe the 
 
 timber, logs, provisions, and other articles furnished to carry 
 on the sawmill work], the articles furnished as aforesaid, being 
 
 of the aggregate value of dollars. Affiant avers 
 
 that said sum of.. dollars is due and unpaid, and 
 
 that after it became due he demanded payment thereof of said 
 , the owner of said sawmill, and that said
 
 LIENS 615 
 
 demand was refused ; afliant makes this affidavit within one year 
 from the time said debt became due, for the purpose of fore- 
 closing his lien on said mill and on [specify the number of feet 
 of lumber, etc.] now stored in the yard of said mill, .said lumber 
 being the product of said mill. 
 
 (L. S.) 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 .,J.R 
 
 EXECUTION THEREON. 3366 (4). 
 
 Georgia, County. 
 
 To All and Singular the Constables of said County: 
 
 You are hereby commanded that of the goods and chattels, 
 
 lands and tenements of , of the 
 
 district, G. M., of said county, and of a certain sawmill situated 
 
 at in said county, and known as , 
 
 and upon feet of lumber now stored in the yards of 
 
 said mill, said lumber being the product of said mill, you make 
 
 or cause to be made the sum of . . dollars, which 
 
 for the purpose of foreclosing his lien for 
 
 timber, logs, etc., furnished the said mill, this day made affidavit 
 
 before me, is due and owing to him from said , 
 
 the owner of said mill, and also the sum of dollars 
 
 interest, and dollars costs. And have you the 
 
 said several sums of money at the next term of the 
 
 court of the district, G. M., of county, 
 
 to render unto the said And have you then 
 
 and there this writ. 
 
 Given under my hand and seal this day of , 
 
 19.... 
 
 , J. P. 
 
 [NOTE. Liens of pawnees, innkeepers, boarding-house keepers, livery- 
 stable men, and attorneys at law in possession of personal property for 
 fees shall be satisfied according to the provisions of 3530, that is to 
 say, that the person in possession of the property, after the debt be- 
 comes due and remains unpaid, and after thirty days' notice to the 
 pawnee of his intention to sell may sell in public to the highest bidder, 
 in case where there is no notice of conflicting lien; if there is a con- 
 flicting lien, the mode of foreclosure pointed out in 3366 shall be 
 pursued.]
 
 616 LIENS 
 
 STEAMBOAT LIEN FORECLOSURE OF. 3355, 3366. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally before me, the undersigned, an officer authorized 
 
 to administer oaths, comes , who, being duly 
 
 sworn, says on oath that he was an employee on the steamboat 
 
 named , navigating the river in said 
 
 state, affiant's employment being as on said boat ; 
 
 affiant claims against the owners of said boat for wages due him 
 for personal services rendered by him, in the capacity afore- 
 said, from the day of , 19 . . . . , to the 
 
 day of , 19 . . . . , the sum of 
 
 dollars, the same being for days of labor at the 
 
 agreed compensation of dollars per day. 
 
 Affiant on the day of , 19. . . ., after said 
 
 debt became due, made a demand for the payment thereof upon 
 
 , the owner of said boat (or upon 
 
 the agent of the owner of said boat), and payment of said de- 
 mand was refused. And now, within one year after the said 
 
 debt became due, the said comes and prosecutes 
 
 his said claim; said steamboat is now lying at in 
 
 said county. Affiant asks that his lien against said steamboat 
 for his wages as aforesaid may be enforced as provided by law. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 EXECUTION THEREUPON. 3366 (4). 
 
 Georgia, County. 
 
 To All and Singular the Constables of said County: 
 
 You are hereby commanded that of the goods and chattels, 
 
 lands and tenements of , and of the steamboat 
 
 named , now lying at , in said county, 
 
 you make, or cause to be made, the sum of dollars, 
 
 principal debt, which for the purpose of fore- 
 closing his lien as an employee in the capacity of 
 
 on said steamboat, this day made affidavit before me is due and 
 owing to him, as employee as aforesaid, by said ,
 
 LIENS 617 
 
 owner of said boat, and also the sum of dollars, 
 
 interest, and the sum of dollars, costs of suit. 
 
 And have you said several sums of money at the court 
 
 to be held in and for of said county on the 
 
 day of , 19 . . . . , to render to said 
 
 his principal, interest and costs as aforesaid. And have you 
 then and there this writ. 
 
 Given under my hand and official seal, this day 
 
 of , 19 
 
 , J. P. 
 
 STEAM MILL, FORECLOSURE OF LABORER'S LIEN ON. 
 3329 (10), 3357, 3366 (3). 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally before me, the undersigned, an officer authorized 
 
 to administer oaths, came , who, being duly 
 
 sworn, says on oath that , of , 
 
 in said county, is indebted to him in the sum of 
 
 dollars for labor performed as on the steam mill 
 
 owned by situated in said county, from the 
 
 day of , 19 . . . . , to the day of 
 
 , 19 . . . . , at dollars per day. 
 
 Deponent avers that as such he faithfully 
 
 performed and completed his contract of labor, and since the 
 
 said dollars became due him, to wit: on the 
 
 day of , 19. . . ., he demanded payment 
 
 thereof of the said , said demand having been 
 
 then and there refused. Deponent makes this affidavit within 
 
 one year from the time the said dollars became 
 
 due, and for the purpose of foreclosing his special lien as a 
 
 laborer upon the now stored in said mill, said 
 
 being the product of deponent's labor, per- 
 formed as as' aforesaid. 
 
 Sworn to and subscribed before me, this 
 day of , 19
 
 618 LIENS 
 
 EXECUTION THEREUPON. 3366 (4). 
 
 Georgia, County. 
 
 To All and Singular the Constables of said County : 
 
 You are hereby commanded that of the goods and chattels, 
 
 lands and tenements of , of , 
 
 in said county, and also of and , 
 
 now stored in the steam mill of the said in said 
 
 county, the product of the labor of one , you 
 
 make, or cause to be made, 'the sum of dollars, 
 
 principal debt, which said for the purpose of 
 
 foreclosing his lien as a laborer in the capacity of 
 
 at said steam mill against said this day made 
 
 affidavit before me, is due and owing to him for labor performed 
 
 as aforesaid, from the day of , 19. . . ., to 
 
 the day of , 19. . . ., the sum of 
 
 dollars, interest, and dollars, costs. And have you 
 
 said several sums of money at the next court to be 
 
 held in and for in said county, on the 
 
 day of , 19 . . . . , to render to the said 
 
 his principal, interest and costs aforesaid. And have you then 
 and there this writ. 
 
 Given under my hand and seal, this day 
 
 of ' ,19 
 
 . J. P. 
 
 REPLEVYBOND. 3366(8). 
 
 Georgia, County. 
 
 Know all men by these presents : That we, , 
 
 principal, and , security, acknowledge our- 
 selves jointly and severally bound to in the 
 
 sum of. ... [double amount claimed] . . .dollars, subject to the 
 following conditions : 
 
 Whereas, the said has sued out a proceeding 
 
 for the foreclosure of an alleged lien upon personal property, 
 
 the amount claimed in said proceeding being dollars: 
 
 and whereas execution has issued thereunder and been levied 
 
 by , deputy sheriff of .county, 
 
 upon the following described personal property, to wit : [describe 
 the property as in affidavit].
 
 LIENS 619 
 
 Now, should the said pay to the said 
 
 the amount of the judgment and costs that he 
 
 may recover in said case, or should the said do 
 
 so for him, then this bond to be void, or else of full force and 
 effect. 
 
 Principal [L. S.] 
 
 Security [L. S.] 
 
 Attest: 
 
 Sheriff of County, Ga. 
 
 Affidavit. Foreclosure of gen'eral laborer's lien upon realty can not be 
 by affidavit. 84/570 (10 S. E. 1095). Upon personalty may be 
 foreclosed by affidavit under Code, 3366. Id.; 135/171 (68 S. E. 
 1106). 
 
 Amendment to petition to foreclose materialman's lien on certain 
 realty, naming as defendants two individuals, only one of whom 
 was named as party to contract, by alleging that other defendant 
 also entered into contract, was proper. 15 App. 239 (2) (82 S. E. 
 936). Defect caused by attempt to foreclose lien on real estate in 
 same proceeding with action on an account was cured by amend- 
 ment striking all reference to foreclosure of lien. 15/455 (2) .(83 
 S. E. 896). Affidavits in proceeding to foreclose laborer's liens and 
 final process was amendable. 14 App. 294 (3) (80 S. E'. 728). 
 Petition here was not amendable by adding count alleging that 
 materials furnished and work done were at instance and with con- 
 sent of both contractor and owner. 143/840 (1) (85 S. E. 1018). 
 Not permissible to amend so as to substitute undisclosed principal, 
 in place of agent, as defendant. 125/338 (54 S. E. 169). 
 
 Assignment. Claim of lien by mechanic may be assigned in writing. 
 141/644 (2) (81 S. E. 849). 
 
 Bill of particulars. Ground for special demurrer where petition did 
 not set forth bill of particulars or itemized account of materials 
 furnished, or when claim of lien was filed. 141/682 (2) (81 S. 
 E. 1119). 
 
 Counter-affidavit. Where counter-affidavit is filed, foreclosure affidavit 
 became pleading, not evidence. 127/706 (56 S. E. 995). 
 
 Petition for foreclosure of mechanic's lien is not subject to general 
 demurrer in that it did not allege that person designated as true 
 owner made contract, where copy of contract attached as exhibit 
 does not mention name of true owner but refers to alleged agent 
 as owner. 141/644 (3) (81 S. E. 849). Allegation that materials 
 were put up by contractor on real estate, under his contract to 
 construct building, was sufficient allegation that materials were 
 used in improvement of property. 141/682 (2-a) (81 S. E. 1119). 
 
 Summons requiring defendant to answer suit upon an account is not 
 so defective as to be subject to dismissal merely because summons 
 also requires defendant to answer plaintiff's demand to establish 
 a lien upon real estate. 15/455 (1) (83 S. E. 896).
 
 620 LIMITATIONS OF ACTIONS Lis PENDENS 
 
 LIMITATION OF ACTIONS. 4354-4388, 4495-4498. 
 
 PLEA OF STATUTE OF LIMITATIONS. 
 
 (State the case.) 
 
 And for further plea and answer, the defendant in the above 
 stated case says, that the right of action of the plaintiff, on the 
 cause of action sued on, if any he ever had, accrued more than 
 
 years next before the commencement of this suit, 
 
 and that his right of action thereon, if any he ever had, is, .there- 
 fore, barred by the statute of limitations. And of this he puts 
 himself upon the country. 
 
 Attorney for Defendant. 
 
 Demurrer is proper where bar of statute appears on face; otherwise, 
 
 plea is proper. 129/700 (2) (59 S. E. 905). 
 Necessity. Plea is necessary where allegations of declaration do not 
 
 affirmatively show bar. 93/320 (2) (20 S. E. 242). 
 New promise, being basis of suit, it must be alleged. 130/79 (60 S. E. 
 
 253). The new promise should be alleged with sufficient certainty 
 
 to enable defendant to plead intelligently. 66/334. Where old 
 
 promise is basis of suit, not necessary to allege new promise. 
 
 14/661 (3). 
 Nonsuit. Where action is barred by statute, demurrer or special plea in 
 
 bar, not motion for nonsuit, is proper. 102/248 (3) (29 S. E. 430). 
 Personal plea, plea of statute is. 9 App. 393 (2) (71 S. E, 589). See 
 
 131/409 (62 S. E. 322). 
 Writings relied upon must be set out either literally or in substance. 
 
 119/50 (3) (45 S. E. 785). 
 
 LIS PENDENS. 
 
 PLEA. 4331, 56Y8. 
 
 (State the case.) 
 
 And now comes the defendant in the above stated case, and 
 for plea says: 
 
 1. That on the day of , 19 , plaintiff 
 
 filed his petition returnable to the term, 19. . . .,
 
 LOST PAPERS 621 
 
 of court, in said State, said court having jurisdiction 
 
 of the person and subject matter thereof. 
 
 2. That the action in the last court aforesaid is between the 
 same parties, and for the same cause of action as that alleged 
 in the present petition, and is still pending therein, unde- 
 termined. 
 
 Wherefore, the defendant says that the plaintiff has no right 
 to maintain or prosecute the present action, and says that the 
 same should abate, and prays that the same be dismissed at 
 plaintiff's cost. 
 
 Defendant's Attorney. 
 
 LOST PAPERS. 4191, 5312-5328. 
 
 PETITION TO ESTABLISH OFFICE PAPER LOST. 5312. 
 
 Georgia, County. 
 
 To the .Court of said County: 
 
 The petition of respectfully shows that a 
 
 certain office paper, to wit, a certain original petition [or, 
 answer, declaration, plea, bill of indictment, special presentment, 
 or other office paper, as the case may be,] appertaining to a 
 certain cause now pending in said court has been lost. 
 
 An exact copy of said lost office paper [or a substantial copy, 
 if an exact copy can not be had] , including all entries that were 
 thereon, is hereto attached. 
 
 Wherefore, petitioner prays that this copy of said office paper 
 be established by the court instanter. 
 
 This day of , 19 
 
 Attorney for Petitioner. 
 
 JUDGMENT ESTABLISHING LOST OFFICE PAPER. 
 
 The within petition of , being a petition to
 
 622 LOST PAPERS 
 
 establish a lost office paper, to wit, a , coining 
 
 on to be heard, and it satisfactorily appearing to the court that 
 the original is lost and that the copy thereto attached is a correct 
 copy of said lost office paper, it is ordered that the said copy be, 
 and is, hereby established in lieu of the lost original, with all of 
 its force and effect. 
 
 This day of , 19 
 
 J. S. C.. ..C. 
 
 PETITION TO ESTABLISH LOST DEED, NOTE, OK OTHER DOCU- 
 MENT NOT AN OFFICE PAPER. 
 
 Georgia, County. 
 
 To the Superior Court of County : 
 
 brings his petition against , 
 
 and alleges the following facts : 
 
 1. The said , the defendant herein, is a 
 
 resident of said county. 
 
 2. Your petitioner is the owner of a certain bond (check, 
 warranty deed, promissory note, etc., as the .case may be), now 
 
 lost or destroyed, of which said .the defendant, 
 
 was the maker. A substantial (and as petitioner believes, a 
 literal copy of said bond) [or other document as before speci- 
 fied], as near as petitioner can recollect, is hereto attached, duly 
 sworn to and made a part of this petition. 
 
 (a) Said bond [check, promissory note, etc.] is unpaid, and 
 the same is lost or destroyed. 
 
 3. Petitioner prays that the clerk of this court issue a rule 
 nisi in terms of the law calling upon the said defendant to show 
 
 cause, if any he has, why the copy aforesaid, 
 
 should not be established in lieu of said lost or destroyed original. 
 
 This day of ,19 
 
 Attorney for Petitioner. 
 
 For petition to establish lost deed, see ante, pp. 422, 423. 
 
 [NOTE. A copy of the instrument sought to be established should be 
 attached to the petition.]
 
 LOST PAPERS 623 
 
 OATH TO COPY. 
 
 Georgia, County. 
 
 Personally before me, the undersigned , an 
 
 officer authorized to administer oaths under the laws of this State, 
 
 came , who on oath says that the foregoing is 
 
 a true, and correct copy in substance, as near as he can recollect 
 of the bond [check, deed, promissory note, or other instrument 
 as the case may be], lost or destroyed. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 (Official designation.) 
 
 RULE NISI. $5314. 
 
 (State the case.) 
 
 Motion to establish copy of in the 
 
 Superior Court, Term, 19. ... 
 
 To : 
 
 A petition in writing having been presented to me by 
 
 , in which he alleges that a certain bond [check. 
 
 deed, promissory note, or other instrument, as the case may be,] 
 
 made and executed by you to him, dated the day of 
 
 , 19 . . . . , and due the day of , 
 
 19. . . ., annexing to his said petition a sworn copy thereof. 
 
 You are, therefore, called upon to show cause, if any you 
 have, at the Superior Court to be held in and for said county, 
 
 on the day of , 19. . . ., why said copy 
 
 sworn to as aforesaid should not. be established 
 
 in lieu of said lost or destroyed original. 
 
 Witness the honorable , judge of the said 
 
 court. This day of , 19 .... 
 
 ...'. , Clerk.
 
 624 LOST PAPERS 
 
 RULE ABSOLUTE. 5316, 5317. 
 
 (State the case.) 
 
 Motion to establish copy of lost , 
 
 Superior Court, Term, 19 .... 
 
 The above petition coming on regularly to be heard, and the 
 rule nisi in the above stated case, issued in terms of the law, 
 having been duly served, and no good and sufficient cause having 
 been shown why the copy sworn to and attached to the petition 
 should not be established, in lieu of the lost or destroyed original, 
 
 It is ordered that the said copy attached to 
 
 said petition be, and the same is, hereby established in lieu of 
 said lost or destroyed original. 
 
 Let the clerk of this court furnish the established copy to the 
 petitioner with a certified indorsement thereon and the date and 
 term when this rule absolute was granted; provided, that all 
 cost of this proceeding be paid. Let this order absolute be 
 placed on the minutes of the court. 
 
 This day of , 19 
 
 Judge Superior Court. 
 
 FINAL ORDER. 
 
 (State the case.) 
 
 The within petition coming on to be heard, and it appearing 
 
 that was duly served with notice thereof [or, 
 
 that the said was a non-resident of this State 
 
 and that service thereof has been perfected by publication of the 
 
 rule nisi for months before this term of this court in 
 
 the a newspaper in which the official advertise- 
 ments of the sheriff are published in this county] , and the said 
 
 having failed to show any sufficient cause why 
 
 the application of should not be granted : it is 
 
 ordered that the copy. set forth in the petition, 
 
 be, and the same is, hereby established in lieu of the lost or 
 destroyed original. 
 
 This day of , 19
 
 LOST PAPER 621 
 
 DEED LOST PETITION TO ESTABLISH. 4191. 
 (See ante, pages 422, 423.) 
 
 PROCEEDINGS TO ESTABLISH COPY OF PRIVATE PAPER IN 
 JUSTICE'S COURT. 5323. 
 
 Georgia, County. 
 
 To the Honorable , one of the Justices of the 
 
 Peace for the Militia District of said County: 
 
 The petition of shows that he is the owner 
 
 of a certain lost , which one . , of 
 
 said county, executed and delivered to your petitioner on the 
 
 day of , 19 . . . . , which may, according to 
 
 law, as petitioner is advised, be sued on and collected in the 
 
 justice court, and which said has been lost or 
 
 destroyed. 
 
 (a) A copy in substance of the lost paper is hereto attached 
 and marked Exhibit A. 
 
 Wherefore, petitioner prays a rule nisi may issue, calling 
 
 upon said to show cause, if any he has, why 
 
 said copy should not be established in lieu of the 
 
 lost original. 
 
 Petitioner. 
 
 AFFIDAVIT TO PETITION. 
 
 Georgia, County. 
 
 Personally before me, , the undersigned, 
 
 aK officer of said State duly authorized to administer oaths, 
 
 came , who upon oath says, that the statements 
 
 contained in the foregoing petition are true, and that a copy 
 
 of attached to said petition is a true copy, in 
 
 substance, as near as he can recollect, of the said paper, now 
 lost or destroyed, of which he, the petitioner, was the owner 
 and . , . . the maker. 
 
 Petitioner. 
 Sworn to and subscribed before me, this 
 
 day of , 19.... 
 
 , J- P.
 
 626 LOST PAPERS 
 
 EULE NISI. 5323. 
 
 Georgia, County. 
 
 In the Justice Court of the District, G. M., of said 
 
 County. 
 To of said County: 
 
 having presented to the undersigned, one 
 
 of the justices of the peace of the militia district of 
 
 said county, a sworn copy of the lost , whereof 
 
 you appear to be the maker, for the purpose of establishing the 
 same, a copy of which is hereto attached, you are hereby called 
 upon to show cause, if any you have, before the justice court 
 
 for said district at on next, why the 
 
 aforesaid copy should not be established in lieu of the lost 
 original. 
 
 This day of /19 
 
 J- P. 
 
 RULE ABSOLUTE. 
 
 (State the case.) 
 
 Proceedings to establish copy of in the justice 
 
 court of the district, G. M., of said county. 
 
 This case coming on to be heard, the same being a petition to 
 
 establish a lost , and it appearing that a rule 
 
 nisi has been served as required by law, and no sufficient cause 
 being shown why copy set forth in the petition of the said 
 
 should not be established in lieu of the lost 
 
 original. It is hereby ordered and adjudged that a copy of 
 
 attached to said petition, be, and the same is, 
 
 hereby set up and established in lieu of the lost original. 
 
 This .day of , 19 
 
 J. P. 
 
 CERTIFICATE OF JUSTICE TO COPY. 
 
 Georgia, County. 
 
 I certify that the foregoing paper was this day established in 
 my court, as a true copy of lost original. 
 
 'This day of . . '. , 19 
 
 , J. P.
 
 627 
 
 LUNATICS. 
 See Insanity and Lunatics. 
 
 MANDAMUS. 5440-5450. 
 
 PETITION. 5440. 
 
 Georgia, County. 
 
 vg > Superior Court, 
 
 Term, 19 
 
 To the Honorable, the Superior Court of said County : 
 
 The petition of .respectfully shows as 
 
 follows, to wit: 
 
 1. The petitioner is an incorporation duly incorporated un- 
 der the laws of the State of Georgia with its principal office in 
 
 the city of in said county, and is engaged in the 
 
 business of 
 
 2. The which is hereby named as defendant 
 
 in this action, is a corporation organized under the laws of the 
 
 State of , engaged in the business of 
 
 within the State of Georgia, and having an office and agent and 
 conducting business in the said county of 
 
 3. 4, etc. [Set out in orderly paragraphs the facts out of 
 which the claim to have a mandamus issue arises.] 
 
 Wherefore, your petitioner names as defendant 
 
 hereto, and respectfully prays: 
 
 1. That this court will issue a mandamus nisi directed to 
 
 the said .', requiring it to show cause at a time 
 
 and place to be designated by the court not less than ten days, 
 nor more than thirty days from this date why a mandamus 
 should not be issued against it requiring it to [set out the thing 
 or things whicli it is sought to have the respondent do]. 
 
 2. That on the hearing the mandamus may be made absolute 
 and the defendant be required to. . . [state the acts relator seeks 
 to have respondent perform] . . . 
 
 3. That process may issue directed to the said defendant 
 requiring it to be and appear at the time and place designated
 
 628 MANDAMUS 
 
 by the court to answer this complaint and abide the further 
 order of the court. 
 
 This day of , 19 
 
 Attorney for Petitioners. 
 
 AFFIDAVIT TO PETITION. 
 
 Georgia, County. 
 
 In person before the undersigned, , an 
 
 officer authorized to administer oaths, came , 
 
 .who on v oath says that he is [secretary and treasurer of 
 
 ], the petitioner named in the foregoing petition: 
 
 that he has read said petition and knows the contents thereof; 
 that the facts therein stated so far as concerns the acts and 
 deeds of are true. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 ORDER OF THE COURT THEREUPON. 
 
 j. Petition for Mandamus in the 
 Superior Court of County. 
 
 The petition of the plaintiff in the above-entitled cause having 
 been read and considered, the same is hereby sanctioned and 
 ordered filed and defendant served; and it is further ordered 
 
 that the defendant named, to wit: the .be and 
 
 appear before me at the court house in the city of , 
 
 Georgia, on the day of.- , 19 . . . . , at 
 
 o'clock, M., or so soon thereafter as can be heard, then 
 
 and there to show cause why a mandamus absolute should not 
 be issued against it as prayed for in the petition. 
 
 Dated and signed this day of , 19 .... 
 
 , J. S. C C. 
 
 Filed in office this. . . .day of , 
 
 19.... 
 , Clerk.
 
 MANDAMUS 629 
 
 PROCESS. 
 
 Georgia, County. 
 
 I 
 
 vs. r Mandamus in. ... 
 ' Superior Court. 
 
 To the Sheriff of said County, or his Deputy : 
 
 The defendant is hereby required,, personally or by attorney, 
 
 to be and appear at the Superior Court to be held in 
 
 county, on the day of , 19 . . . . , then and 
 
 there to answer the plaintiff's complaint, to which this process 
 is annexed, as in default thereof said court shall proceed as to 
 justice shall appertain. 
 
 Witness the honorable , judge of the said 
 
 court, this day of , 19 .... 
 
 , Deputy Clerk. 
 
 ENTRY or SERVICE. 
 
 Georgia, County. 
 
 Served the defendant, the , a corporation, 
 
 by serving personally , the superintendent, 
 
 its agent in charge of its office and business in said county. 
 
 This day of , 19 
 
 Sheriff. 
 
 [NOTE. The plaintiff may demur or answer. If an answer is filed it 
 may begin and end as follows:] 
 
 ANSWER. 
 
 Georgia, County. 
 
 Now comes the respondent in the above-stated case, and makes 
 answer to the said rule, and for cause why mandamus should 
 not issue as said applicant claims is its clear and legal right to 
 have respondent do, says: 
 
 1, 2, etc. (Each paragraph of the petition should be answered 
 as in ordinary suits.)
 
 630 MANDAMUS 
 
 3. This respondent having fully set out in this answer the 
 facts, it now prays the court to deny a mandamus absolute. 
 
 Attorney for Respondent. 
 
 AFFIDAVIT TO ANSWER. 
 
 Georgia, County. 
 
 In person before the undersigned, an officer authorized to 
 
 administer oaths, came , an officer of the said 
 
 , who on oath says that he knows the things 
 
 .and matters set up in the foregoing answer, and the facts set 
 out in said answer are true. 
 
 Deponent avers that he has authority to make this affidavit 
 and that it is his duty to inform himself of the matters and 
 things set out in the above answer. 
 
 Deponent is of the respondent. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 RULE ABSOLUTE. 
 
 *!*'*/ Mandamus in Superior 
 
 j Court, Term, 19.... 
 
 The above-stated case coming on to be heard at this term of 
 the court on the petition of the plaintiff for mandamus and the 
 ainendment thereto and the rule issued thereon against the 
 defendant to show cause why mandamus absolute should not be 
 granted, and there being no issue of fact : 
 
 And the defendant having filed its demurrer to said petition 
 and having also filed its answer thereto: 
 
 And the cause having been argued by counsel and the court 
 being fully advised in the premises, it is thereupon considered, 
 ordered and adjudged by the court as follows, to wit: 
 
 1. That the demurrer of the defendant to the petition of the 
 plaintiff be and the same is hereby overruled. 
 
 2. That the prayers of the plaintiff's petition be granted, 
 and that a mandamus absolute be granted, and the defendant is
 
 MARRIAGE MORTGAGES 631 
 
 hereby commanded to [insert here the thing required of the 
 defendant to be done]. 
 
 3. That in order to allow the defendant to file a bill of 
 exceptions and take this case to the Supreme Court, this order 
 and judgment shall not become of effect until twenty days from 
 and after this date. 
 
 In open court, this day of , 19. ... 
 
 j. s. cV. '.'.'d 
 
 (NOTE: Where there is an issue of fact, such issue must be sub- 
 mitted to a jury.) 
 
 MARRIAGE. 2929-2943. 
 (See Husband and Wife, ante, pages 520, 522.) 
 
 MORTGAGES. 3256-3305. 
 
 MORTGAGE WITH WAIVER OF HOMESTEAD. 3256, 3257. 
 
 Georgia, County. 
 
 In consideration of the sum of dollars, 
 
 to paid, as well for the better securing the 
 
 payment of the debt hereinafter mentioned of 
 
 the county of hereby sells and conveys unto 
 
 of the county of and his assigns, 
 
 the following described realty, to wit : 
 
 with all the rights and appurtenances to said property belong- 
 ing: To have and to hold said property to said 
 
 and his assigns forever. 
 
 And warrants the title to said property 
 
 against the lawful claims of all persons ; but this conveyance is 
 
 made for the following purpose, and none other : 
 
 indebted to said in the sum of 
 
 dollars, which is evidenced by a certain promissory note made 
 
 by . to , or his order, 
 
 the day of , 19. . . ., and due the 
 
 day of , 19 . . . . , for the sum of 
 
 dollars, principal debt, with interest from at the 
 
 rate of per cent, per annum, and which note contains
 
 632 MORTGAGES 
 
 a provision that if said note is collected by suit or is placed in 
 the hands of an attorney for collection, that the maker will pay 
 all costs of collection, including ten per cent, attorney's fees on 
 said principal and interest, and this conveyance is made to 
 secure the payment of that debt. I hereby waive and renounce 
 for myself and family any and all homestead and exemption 
 rights that I may have under the Constitution or laws of this 
 State, as against the debt above mentioned. 
 
 Now, if shall pay said debt, with its 
 
 interest, when it shall become due, then this deed to be void ; 
 
 but if should not thus pay the same, then this 
 
 deed to be of force, and the right to foreclose the same for said 
 principal debt and interest, and the cost and expense of collec- 
 tion, including ten per cent, attorney's fees, shall exist. 
 
 In witness whereof, I have hereunto set my hand and affixed 
 
 my seal, this day of , 19 .... 
 
 [SEAL] 
 
 [SEAL] 
 
 Signed, sealed and delivered in the pres- 
 ence of: 
 
 (two witnesses.) 
 
 PROBATE FOR RECORD. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, who 
 
 by law has authority to administer an oath, , 
 
 the subscriber, who, being duly sworn, on oath says that he was 
 
 present and saw , the maker, sign, seal and 
 
 deliver the within, foregoing and attached mortgage for the 
 purposes therein set out at the time therein specified, and that 
 by request of said maker, affiant signed the same at said time 
 
 as a witness, and , the other witness thereto, 
 
 by request of the maker signed the same as a witness, then and 
 there, and said maker signed in the presence of said witnesses 
 and the witnesses signed in the presence of the maker, and of 
 each other. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.)
 
 MORTGAGES 633 
 
 CLERK'S ENTRY. 
 
 Filed for record this day of , 19. . . ., 
 
 at o'clock, a. m. Recorded in book folio , 
 
 on the day of , 19. ... 
 
 Clerk Superior Court County. 
 
 MORTGAGE WITH WAIVER OF HOMESTEAD AND POWER OF 
 
 SALE. 
 
 Georgia, County. 
 
 This indenture, made the day of . , 19. . . . , 
 
 between , of the county of , 
 
 of the first part, and , of the county of 
 
 of the second part, 
 
 Witnesseth, that the said part. . of the first part, as well as 
 for the better securing to the part. . of the second part, the 
 fnithful payment of the debt which is hereinafter more fully 
 described as justly due to the part. . of the second part, in man- 
 ner hereafter mentioned, and in consideration of the sum of 
 one dollar to the part. . of the first part in hand paid by the 
 part . . of the second part, the receipt whereof is hereby acknowl- 
 edged, ha. . granted, bargained, sold, aliened and confirmed, 
 and by these presents do. . grant, bargain, sell, alien and con- 
 firm unto the said part. . of the second part, and to heirs 
 
 and assigns, forever, all , 
 
 together with all and singular the edifices, buildings, rights, 
 members, hereditaments and appurtenances to the same belong- 
 ing or in anywise appertaining; and all the estate, right, title, 
 interest, property, claim and demand whatsoever of the said 
 part. . of the first part of, in or to the same, and the reversion 
 and reversions, remainder and remainders thereof. To have and 
 to hold the said premises hereby granted and released, with the 
 rights, members, hereditaments and appurtenances thereto be- 
 longing, and every part and parcel thereof, unto the said part. . 
 
 of the second part heirs and assigns to the only 
 
 proper use and behoof of the said part. . of the second part, 
 heirs and assigns forever. 
 
 And for the consideration aforesaid, the said 
 
 for and family for any and all other person or persons 
 
 claiming in and through do hereby solemnly waive
 
 634 MORTGAGES 
 
 and renounce in favor of said debt evidenced as aforesaid all 
 right of homestead or exemption in and to any and all the prop- 
 erty hereby conveyed, and do covenant and agree not to take, nor 
 consent to the taking or attempting to take any homestead or 
 exemption not allowed by law, or Avhich may hereafter be 
 allowed, against the debt aforesaid.- 
 
 Upon condition, nevertheless, that if the said 
 
 of the first part, heirs, executors, administrators or 
 
 assigns, shall faithfully pay to the said part. . of the second 
 
 part, executors, administrators or assigns a certain 
 
 promissory note bearing date the day of , 
 
 19 . . . . , payable the day of , 19 . . . . , made 
 
 and executed by the said , said note being 
 
 for dollars, principal, and bearing eight per 'cent. 
 
 per annum interest after maturity, according to the tenor and 
 true intent and meaning of said note, then this present indenture, 
 and the estate hereby granted, and every article and clause herein 
 
 contained, as well as the said 
 
 shall cease and become utterly void. 
 
 And it is hereby mutually covenanted and agreed between the 
 parties to these presents that if default shall be made in the 
 
 payment of the debt agreed to be paid to the said 
 
 at any time or times on which the same shall be due, or any part 
 of the principal or interest thereof, that then and thenceforth 
 
 it shall be lawful for the part. . of the second part, 
 
 heirs, executors, administrators or assigns, to grant, bargain, 
 sell and dispose of the said hereby granted premises, and all 
 benefit and equity of redemption of the said part . . of the first 
 part, or assigns therein, at public sale, during the legal hours 
 
 of sale, at the court house in county, to the highest 
 
 bidder for cash, after advertising the time and terms of sale in 
 
 the or some other newspaper published in said 
 
 county, once a week for weeks, and to execute convey- 
 ances to the purchasers, as fully as the part. . of the first part 
 could do, rendering the overplus of the purchase-moneys to be 
 obtained for the same, if any overplus there shall be, after full 
 satisfaction of the principal and interest to be due on such 
 
 in manner aforesaid, and after payment of the 
 
 charges of advertisement and sale, and the cost of foreclosing the 
 
 same, and commissions unto the said , part . . 
 
 of the first part ; or, if the said part . . of the second part elects, 
 this mortgage may be foreclosed by suit, in the ordinary manner 
 provided by law.
 
 MORTGAGES 635 
 
 In witness whereof the said hereunto set .... 
 
 hand. . and seal. . the day and year first above written. 
 
 [SEAL.] 
 
 [SEAL.] 
 
 Signed, sealed and delivered in presence of: 
 
 [SEAL.] 
 
 , [SEAL.] 
 
 PETITION TO FORECLOSE MORTGAGE ON REALTY. 3276. 
 
 Georgia, County. 
 
 To the Honorable the Superior Court of said County : 
 
 The petition of. shows that on the 
 
 day of , 19. . . ., , of 
 
 county, made and executed to your petitioner his certain deed 
 of mortgage of that date, conveying to your petitioner 
 
 for the securing the payment of a certain promissory note for 
 
 the sum of dollars, due the day of , 
 
 19...., with interest after maturity at the rate of eight per 
 
 cent, per annum, yet your petitioner avers that the said 
 
 , although so indebted, and to pay said sum of money 
 
 often requested, has not paid the same, nor any part thereof, 
 but wholly refuses to pay the same : Wherefore, your petitioner 
 
 prays the order of this court requiring the said , 
 
 to pay into this court by the first day of the next term thereof, 
 
 principal, interest and costs due on said and 
 
 that in default thereof the said mortgage be foreclosed and the 
 equity of redemption therein barred in terms of the statute. 
 
 Plaintiff's Attorney. 
 Term, 19 
 
 RULE NISI. 3276. 
 
 Georgia, County. 
 
 In the Superior Court 
 V8 ' Term, 19.. 
 
 It being represented to the court by the petition of 
 
 that by deed of mortgage dated the day 
 
 of , 19 . . . . , conveyed to the
 
 636 MORTGAGES 
 
 said 
 
 for the purpose of securing the payment of a certain promissory 
 
 note made by the said to the said , 
 
 due on the day of , 19 . . . . , for the sum 
 
 of dollars, with interest after maturity at the rate 
 
 of eight per cent, per annum, which is now due 
 
 and unpaid. 
 
 It is ordered that the said do pay into this 
 
 court by the first day of the next term the principal, interest 
 
 and costs due on said , or show cause, if any 
 
 he has, to the contrary, or that in default thereof foreclosure be 
 
 granted to the said of said mortgage, and the 
 
 equity of redemption of the said therein be 
 
 forever barred, and that service of this rule be perfected on said 
 according to law. 
 
 Judge Superior Court. 
 
 RULE ABSOLUTE. 
 
 Georgia, County. 
 
 (In the Superior Court, 
 Term, 19.. 
 
 Whereas, at the term, 19. . . ., of this court, a 
 
 rule nisi was granted in the above case, requiring the defendant 
 to pay to the plaintiff the principal, interest and costs due on 
 
 a certain promissory note, given by on the 
 
 day of , 19 . . . . , to the said , 
 
 and to become due on the day of , 19. . . ., 
 
 for the sum of dollars and cents, to secure 
 
 the full and lawful payment of which the said 
 
 had executed on the day of , 19 . . . . , 
 
 to deed of mortgage, conveying to said 
 
 the following property, to wit : 
 
 or show cause to the contrary, if any ha. . . why said 
 
 money should not be paid as aforesaid, or in default thereof, that 
 said mortgage be foreclosed, and the equity of redemption therein 
 forever barred ; and whereas, a copy of said rule has been served 
 upon said defendant, according to law;
 
 MORTGAGES 637 
 
 Now, therefore, it appearing to the court that the said .... 
 
 ha. . . wholly failed and refused to pay said money 
 
 so due as aforesaid, as required by said rule nisi, and ha. . 
 shown no cause to the contrary: It is ordered and adjudged by 
 the court that the equity of redemption in said mortgaged prem- 
 ises be, and the same is, hereby forever barred and foreclosed, 
 
 and that the said do recover of the said 
 
 the sum of ' . . . . dollars and 
 
 cents for principal, and the sum of dollars and 
 
 cents, interest to date of judgment, and interest from 
 
 this date on principal debt at the rate of eight per cent, per 
 annum, and costs of suit, and that execution issue against the 
 mortgaged premises for the sums aforesaid. 
 
 Judgment signed this day of , 19. ... 
 
 Judge Superior Court Circuit. 
 
 SUPERIOR COURT MORTGAGE Fi. FA. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of said State and their Lawful 
 
 Deputies Greeting : 
 
 We command you, that of the certain goods and chattels, 
 lands and tenements of , to wit : 
 
 you cause to be made the sum of dollars and. . . . 
 
 cents, for principal, and dollars and. .... .cents, 
 
 as interest, up to the day of , 19. . . ., and also 
 
 the further sum of dollars for attorney's fees, and 
 
 also the further sum of dollars and cents 
 
 for costs, with interest from date of judgment at eight per cent. 
 
 per annum on the principal sum, from the day of 
 
 , 19 . . . . , recovered against the 
 
 said , and said above described property, by 
 
 the foreclosure of a mortgage thereon, made by the said 
 
 to the said for principal, interest 
 
 and costs; and that you have the said several sums of money 
 
 before the Superior Court for said county on the 
 
 Monday in next, to render to the said 
 
 for principal, interest and costs, as aforesaid ; and have you then 
 and there this writ.
 
 638 MORTGAGES 
 
 Witness the honorable. , judge of said court, 
 
 this day of , 19. ... 
 
 , Clerk. 
 
 NOTE AND CHATTEL MORTGAGE. 3286. 
 
 .., 19, 
 
 after date .... promise to pay . . 
 
 or , dollars, value received, with 
 
 interest until paid at per cent, per annum, 
 
 with all costs of collection, including per cent, attorney's 
 
 fees if this note is collected by suit or is placed in the hands of 
 an attorney for collection. Each of us, whether principal, 
 security, guarantor, indorser, or other party hereto, hereby sev- 
 erally waives and renounces, each for himself and family, any 
 and all homestead and exemption rights, either of us, or the 
 family of either of us, may have under or by virtue of the Con- 
 stitution or the laws of Georgia, any other State or the United 
 States, as against this debt or any renewal thereof. 
 
 Given under the hand and seal of each party. 
 
 [L. S.] 
 
 [L. S.] 
 
 Witness : 
 
 Georgia, County. 
 
 Know all Men by these Presents : 
 
 That I stand indebted to , of the county 
 
 of , and State of , in and by my 
 
 promissory note, bearing even date herewith, payable to 
 
 or bearer, in the sum of dollars, as by 
 
 reference to said note will fully appear; and for and in con- 
 sideration of said debt and for the better securing the payment 
 thereof, and for the further sum of one dollar to me in hand 
 
 paid by said at and before the sealing and 
 
 delivery of these presents, I have granted, bargained and sold, 
 and by these presents do grant, bargain and sell unto said 
 
 , his heirs and assigns, the following property, 
 
 to wit : .
 
 MORTGAGES (539 
 
 and as against the said debt for myself and family hereby, for 
 the consideration aforesaid, I waive and renounce all right and 
 benefit of and to any present or future exemption and home- 
 stead under the present or future homestead and exemption laws 
 of the State of Georgia, or of the United States, and the Con- 
 stitution thereof, in said property. 
 
 And further, for said consideration upon default of payment 
 of said debt according to the terms thereof, then I authorize and 
 
 empower said to foreclose this mortgage in 
 
 the usual form, or to sell said property from time to time, or so 
 much thereof as may be necessary to pay said debt and all ex- 
 penses of sale, at public outcry, for cash, on any lawful sale day 
 for sheriff's sales at the time and place of sheriff's sales of like 
 property under mortgage executions from the Superior Courts 
 of said State, first giving notice of such sale and the time, terms 
 and place thereof, in the public gazette in which sheriff's sales 
 for the county where such sale is to be made are advertised, and 
 as often and for such period of time as is required for such 
 sheriff's sales, and from the proceeds of such sale or sales to 
 pay said debt, with interest due thereon and expenses of said 
 
 sale or sales and account to said for the 
 
 surplus, if any. 
 
 And I further authorize and empower the said 
 
 upon said sale or sales to receipt for the proceeds thereof and 
 execute to the purchaser a conveyance thereof in fee simple in 
 my name, and T hereby constitute and appoint him irrevocably 
 my attorney in fact, to do and perform as heretofore mentioned, 
 for the consideration aforesaid, to have and to hold said property 
 
 unto the said his heirs and assigns, to his and 
 
 their own use, benefit and behoof forever. 
 
 Provided, always, that if I, my heirs or representatives, shall 
 pay up and discharge said debt according to the terms thereof, 
 then this mortgage and said power of attorney, together with 
 said debt, shall be void and of no effect. 
 
 In witness whereof, I have hereunto set my hand and seal, 
 
 this the day of , 19 .... 
 
 ' [L. S.] 
 
 Signed, sealed and delivered in presence of:
 
 640 MORTGAGES 
 
 AFFIDAVIT TO FORECLOSE CHATTEL MORTGAGE. 3286. 
 
 Georgia, County. 
 
 Before me, , the undersigned, an officer of 
 
 this State authorized to administer oaths, personally came. . . . 
 
 , who, having been sworn, on oath says that he is the 
 
 holder of a mortgage to which this affidavit is attached; that 
 
 the maker of said mortgage, is a resident of 
 
 county, and is indebted to deponent on said 
 
 mortgage in the sum of dollars, principal, 
 
 dollars interest to date, and .dollars attorney's fees 
 
 (as 'stipulated in the said mortgage), and that the amount of 
 said several sums is now due, and he makes this affidavit for the 
 purpose of foreclosing said mortgage. 
 
 Sworn to and subscribed before me, this 
 day of , 19.... 
 
 (Official designation.) 
 
 MORTGAGE EXECUTION ON PERSONALTY. 3286. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs or their Lawful Deputies of 
 this State: 
 
 You are commanded that of the personal property of 
 
 to wit : 
 
 you make by levy and sale the sum of dollars 
 
 and cents, principal, and the further sum of 
 
 dollars and cents, as interest up to the day 
 
 of , 19. . . ., with interest on the principal sum 
 
 thereafter at the rate of per cent, per , and 
 
 attorney's fee, which by the affidavit of 
 
 appears to be due to on a mortgage on said 
 
 property made by said on the day 
 
 of , 19 . . . . , to , which said 
 
 mortgage, with said affidavit annexed, is of file in this office. 
 
 You will also make the sum of. dollars and 
 
 cents costs of this foreclosure, and all the further cost that 
 accrues. And have you the said several sums of money before 
 the Superior Court for said county on the Monday
 
 MORTGAGES 641 
 
 in next, to render to the said 
 
 for principal, interest and costs aforesaid, and have you then 
 and there this writ. - 
 
 Witness the honorable , judge of said court, 
 
 this day of , 19. . . . 
 
 , Clerk, S. C. 
 
 JUSTICE COURT FORECLOSURE MORTGAGE Fi. FA. 
 
 Georgia, ............ County. 
 
 ........................ Mortgagee. 
 
 ........................ Mortgagor. 
 
 Personally appeared before me, ............... , a justice 
 
 of the peace in and for said county, the affiant, whose name is 
 hereto subscribed, who on oath says that he is .............. , 
 
 the mortgagee aforesaid, and that the mortgagor aforesaid is 
 indebted to said mortgagee on the annexed mortgage in the sum 
 of ............. dollars, principal, and ............. dollars, 
 
 interest to date, which amounts are now due, and that said 
 mortgagor resides in said county, and he makes this affidavit 
 for the purpose of foreclosing this mortgage. 
 
 ............................. , Affiant. 
 
 Sworn to and subscribed before me, this 
 ...... day of ............... , 19 ____ 
 
 Georgia, ............ County. 
 
 To All and Singular the Constables of said State : 
 
 You are hereby commanded, that of certain personal property 
 of the mortgagor, named in the foregoing affidavit, which affida- 
 vit is hereby referred to and made a part of this writ, to wit: 
 
 you cause to be made the sum of .......... dollars, principal, 
 
 ............ dollars, interest to date, and all future interest at 
 
 the rate of ......... per cent, per annum, and all costs, which 
 
 sums the aforesaid mortgagee lately before me recovered of the 
 aforesaid mortgagor on the foreclosure of a mortgage given by 
 the aforesaid mortgagor to the aforesaid mortgagee, said mort- 
 gage dated ................. , 19 .... 
 
 And have you said sums of money at the justice's court of the 
 ......... district, G. M., said State and county, to which court 
 
 this fi. fa. is made returnable, said court to be held on the ..... 
 
 ......... , 19. . . ., to render to said mortgagee his principal,
 
 642 MORTGAGES 
 
 interest and costs .aforesaid ; and have you then and there this 
 writ. 
 
 Given under my hand and official signature, this day 
 
 of , 19.... 
 
 Justice of the Peace District, G. M. 
 
 ASSIGNMENT OF MORTGAGE. 
 
 Georgia, County. 
 
 For value received I hereby transfer and assign to 
 
 the within mortgage and the debt which it was made to secure, 
 together with all the rights, interests and privileges belonging 
 to me under and by virtue thereof. 
 
 This day of.... , 19 
 
 [SEAL,.] 
 
 ILLEGALITY TO CHATTEL MORTGAGE Fi. FA. 3289, 3300. 
 
 vs. 
 
 Georgia, County. 
 
 Chattel mortgage fi. fa. issued from 
 
 Superior Court county, on 
 
 the day of , 19. . . 
 
 $ principal, $ interest. 
 
 $ attorney's fees. 
 
 $ costs. 
 
 Before me, , of said county, an officer of 
 
 said State authorized by law to administer oaths, personally 
 
 appeared , who % on oath says that the above 
 
 described fi. fa., heretofore levied upon property of deponent, 
 is proceeding illegally, for the following reasons, to wit: 
 
 *Deponent is not indebted to plaintiff in any amount, and 
 the mortgage foreclosed is utterly void and without considera- 
 tion for that: [allege specific defense.] 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ... . . 
 
 Notary Public County, Ga. 
 
 *[NOTE. The defendant may avail himself of any defense that he 
 could have set up in an ordinary suit upon the demand secured by the 
 mortgage, and show that he is not justly indebted to the plaintiff in 
 the sum claimed in the affidavit of foreclosure. 3289.]
 
 MORTGAGES 643 
 
 REPLEVY BOND OF DEFENDANT IN MORTGAGE Fi. FA. 3301. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , 
 
 principal, and , security, acknowledge our- 
 selves jointly and severally .bound unto , the 
 
 plaintiff, in the sum of dollars, subject to the 
 
 following conditions : 
 
 Whereas, the said has foreclosed a mortgage 
 
 on personalty against ; . , and has caused execution 
 
 to issue on the day of , 19 . . . . , from 
 
 the court of said county, which said execution 
 
 issued for the sum of dollars, principal, 
 
 dollars, interest, dollars, attorney's fees, and 
 
 dollars, costs, and was on the day of 
 
 , 19 . . . . , levied by , of said 
 
 county, on the following personal property, to wit . . . [describe 
 the property] ... as the property of the said defendant. 
 
 Now, if said , principal, shall return the 
 
 said described property, so levied on, when called for by the 
 
 levying officer, or if the said shall do so for 
 
 him, then this obligation to be void, else of full force and effect. 
 
 Witness our hands and seals, this day of , 
 
 19 
 
 Principal [L. S.] 
 
 Security jl* S.] 
 
 Executed in the presence of and approved 
 
 by me: 
 ,J.P. 
 
 PAUPER AFFIDAVIT. 3301. 
 
 Georgia, County. 
 
 } Illegality to chattel mortgage fi. fa. 
 issued from Superior Court, 
 County, on the 
 day of , 19 
 
 Before me, , of said county, an officer of 
 
 said State duly authorized by law to administer oaths, personally 
 
 appeared , who on oath says that he, defendant 
 
 in the above named and stated case, is unable from poverty to 
 give the bond and security required by law in above stated case,
 
 644 MORTGAGES 
 
 and that he has been advised and believes that his grounds of 
 illegality will be sustained. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Notary Public, County, Ga. 
 
 AFFIDAVIT BY CREDITOR CONTESTING MORTGAGE. 3304. 
 
 Georgia County. 
 
 ~\ Chattel mortgage fi. fa. issued from 
 
 vs. Superior Court County, 
 
 3 on the. . . .day of , 19. ... 
 
 Before me, ... * , of said county, an officer of 
 
 said State duly authorized by law to administer oaths, personally 
 
 appeared , who on oath says that he is a 
 
 creditor of the mortgagor, who is the defendant in the above- 
 described mortgage fi. fa., the said defendant being indebted to 
 
 deponent in the sum of." dollars, principal, and 
 
 dollars, interest to date, upon an open account for 
 
 merchandise. A true and correct copy of said account is hereto 
 attached marked "Exhibit A." [Attach -copy to this affidavit 
 accordingly.] 
 
 Deponent makes this affidavit for the purpose of contesting 
 the validity and fairness of said mortgage. 
 
 The grounds upon which deponent relies to defeat said mort- 
 gage are as follows : 
 
 Said mortgagor is not, and was not at the time said mortgage 
 was made, indebted to the mortgagee in any sum whatever. 
 
 Said mortgage does not represent any bona fide indebtedness 
 upon the part of the mortgagor to the mortgagee, but was made 
 solely with intent to hinder, delay, and defraud creditors, the 
 said mortgagee being the wife of the mortgagor, and having 
 taken said mortgage with notice that it was made with the 
 intent aforesaid. 
 
 Sworn to and subscribed before me, this 
 .. day of , 19 
 
 Notary Public County, Ga.
 
 MORTGAGES 645 
 
 BOND. 3304. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , 
 
 principal, and , security, acknowledge our- 
 selves jointly and severally bound unto , of 
 
 county, to the extent hereinafter stated, and 
 
 subject to the following conditions : 
 
 Whereas, the said has foreclosed a mortgage 
 
 on personalty against , and has caused execu- 
 tion to issue on the day of , 19. . . ., from 
 
 the court of said county, which said execution 
 
 was on the .... day of , 19 . . . . , by , 
 
 sheriff of said county, levied upon the following personal prop- 
 erty, to wit: [describe the property] .... 
 
 And whereas, the said has this day filed 
 
 with said levying officer his affidavit contesting the validity and 
 fairness of said mortgage. 
 
 Now, should the said , principal, pay to the 
 
 said all costs and damages incurred by the 
 
 delay occasioned by said contest in case the issue be found 
 against the contestant, then this bond to be void, else of full force. 
 
 , Principal [L. S.] 
 
 , Security [L. S.] 
 
 Executed in the presence of and approved 
 
 by , : 
 
 Sheriff, County, Ga. 
 
 ADVERTISEMENT OF SALE UNDER POWER OF SALE CONTAINED 
 
 IN MORTGAGE. 
 
 Georgia, County. 
 
 Under and by virtue of a power of sale contained in the 
 
 mortgage executed by to on 
 
 the day of. , 19 . . . . , and recorded in the 
 
 office of the clerk of the Superior Court of count v, 
 
 in book , in folio , the undersigned will sell, at 
 
 public sale, at the court house in said county, during the legal 
 hours of sale, to the highest bidder for cash, the following prop- 
 erty, to wit. . . [describe the property as described in the mort- 
 gage]... for the purpose of paying a certain promissory note 
 bearing date the. . . .day of , 19. . . ., and payable
 
 646 MORTGAGES 
 
 on the day of , 19 . . . . , and made and 
 
 executed by the said , said note being for 
 
 dollars, principal, stipulating for interest from 
 
 maturity at the rate of eight per cent, per annum, the total 
 
 amount due on said note being dollars, principal, 
 
 and dollars, interest, together with the costs of 
 
 this proceeding as provided in such mortgage. A conveyance 
 will be executed to the purchaser by the undersigned, as author- 
 ized in the said mortgage. This day of , 19 .... 
 
 Mortgagee. 
 
 EQUITABLE FORECLOSURE UPON REALTY. 3305. 
 
 (NOTE: The advantage of foreclosing a mortgage in equity is that a 
 general judgment may be had at the same time, and also there is less 
 trouble in reference to attorney's fees, and service upon defendant does 
 not have to be so long.) 
 
 PETITION. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of , as plaintiff, against 
 
 , as defendant, shows the following facts : 
 
 1st. That defendant is a resident of said county. 
 
 2nd. That on the day of , 19 , the 
 
 defendant made and executed to plaintiff a certain promissory 
 
 note for the sum of dollars, with interest thereon 
 
 from said date at per cent, per annum, containing a pro- 
 vision for the payment of per cent, attorney's fees on said 
 
 principal and interest, in the event said note was collected by 
 suit or placed in the hands of an attorney for collection, and 
 
 said note to become due on day of , 19 . . . . , 
 
 a copy of which said note is hereto attached and. marked "Ex- 
 hibit A." 
 
 3rd. That of even date with the execution of said note 
 defendant made and executed to plaintiff a certain mortgage to 
 secure the payment of same upon the following described prop- 
 erty, to wit: 
 
 Lot of land, No , in the district and 
 
 section of said county, containing acres, more
 
 MORTGAGES 647 
 
 
 
 or less, and which said mortgage recited the provisions herein- 
 before set out in said note, a copy of which said mortgage is 
 hereto attached and marked "Exhibit B." 
 
 4th. That defendant has failed and refused to pay said note, 
 
 ;m<l that on the day of , 10. . . ., more than 
 
 ten days before the return day of this court, plaintiff served 
 defendant personally with notice in writing of his intention to 
 
 bring suit on said note to the term, 19. . . ., of the 
 
 superior court of said county, which court sits on the 
 
 Monday of , and that unless the defendant paid 
 
 said note on or before the return day of said court,* which was 
 
 on the day of , 19 . . . . , that in case of such 
 
 failure, plaintiff would claim the attorney's fees expressed in 
 said note, a copy of which said notice is hereto attached and 
 marked "Exhibit C." Plaintiff files this his equitable petition 
 for the foreclosure of said mortgage and prays as follows: 
 
 1st. That he have a general judgment against the defendant 
 for the principal, interest, costs and attorney's fees due on 
 said note. 
 
 2nd. That his mortgage be foreclosed and his mortgage lien 
 be set up against said mortgaged property and that the equity 
 of redemption therein be forever barred. 
 
 3rd. That process issue requiring the defendant to be and 
 appear at the next term of the superior court of said county, to 
 answer your petitioner's complaint. 
 
 Attorney for Plaintiff. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , the subscriber, who, being duly sworn, on 
 
 oath says that he is the plaintiff in the above and foregoing 
 petition, and that the facts and things therein set out are true 
 to the best of his knowledge and belief. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Clerk Superior Court.
 
 648 MORTGAGES 
 
 VERDICT OF THE JURY. 
 
 We, the jury, find for the plaintiff against the defendant, 
 
 the sum of dollars for principal debt, and 
 
 ..... .dollars for interest up to judgment, with interest on the 
 
 principal debt from this date, and dollars, attor- 
 neys fees, and costs of suit. And we further find that the said 
 mortgage be foreclosed and that the equity of redemption therein 
 be forever barred, and plaintiff's mortgage lien therein be set 
 up against^ the property described in said mortgage, for said 
 amounts of principal, interest, attorney's fees and costs, with 
 the lien thereon from the date of said mortgage. 
 
 This day of , 19 
 
 Foreman. 
 
 DECREE. 
 
 : ^ Equitable foreclosure of mortgage 
 
 vs. in Court, 
 
 . ) Term, 19 
 
 In the above named and stated case, the jury having found 
 a verdict therein, and in conformity thereto, it is considered, 
 
 ordered and adjudged that the plaintiff, , do 
 
 recover of the defendant, , the sum of 
 
 dollars, principal debt, and dollars, 
 
 interest to judgment, with interest on the principal sum from 
 
 this date at per cent, per annum, and the sum of 
 
 dollar's for attorney's fees, and dollars, 
 
 costs of suit. Also, further, that the mortgage set out in plain- 
 tiff's petition be foreclosed and that the equity of redemption 
 therein be forever barred, and that the plaintiff specially do 
 
 recover of defendant, , said amounts out of 
 
 and against the property described in said mortgage, to wit 
 (here describe the property), with a mortgage lien thereon from 
 the day of , 19 . . . . , the date of said mort- 
 gage, and that said property be sold by the sheriff to satisfy this 
 judgment of foreclosure and costs of suit. Let execution issue 
 generally and specially as herein provided. Judgment signed 
 and entered this day of , 19. ... 
 
 Judge Superior Court.
 
 MORTGAGES 649 
 
 Affidavit. Allegation in affidavit for foreclosure before maturity of 
 debt, that the "defendants" are about to remove the mortgaged 
 property beyond the limits of the county, is not a compliance with 
 Code, 3287, where affidavit does not show that defendants are 
 purchasers of the mortgaged property. 15 App. 359 (1) (83 S. E. 
 273). Affidavit to foreclose mortgage under Code, 3287, stating 
 that the mortgagor has "placed himself in some one of the positions 
 where process of attachment could legally issue against him," is 
 amendable. 18 App. 423 (89 S. E 1 , 540). 
 
 Alteration. Affixing of name of attesting witness to chattel mortgage 
 after delivery and without consent of mortgagor is not such a 
 material alteration as will invalidate the mortgage. 13 App. 1 (1) 
 (78 S. E. 770). 
 
 Amendment. Plaintiff was properly allowed to amend fi. fa. by making 
 a credit thereon on trial of issue made by affidavit of illegality. 
 18 App. 300 (2) (89 S. E. 373). 
 
 Attestation. Stockholder of mortgagee corporation, though incom- 
 petent to take acknowledgment of mortgage as notary, is not in- 
 competent as a non-official witness to signature of mortgagor. 
 143/11 (3) (84 S. E. 59). Mortgage attested by notary public who 
 is secretary and treasurer of corporation to which it is given is 
 not properly executed. 16 App. 309 (1) (85 S. E. 267). Attesta- 
 tion by attorney for party is good. 8 App. 91 (4) (68 S. E. 651). 
 Mortgage without any witness is valid as between the parties 
 thereto. 126/305 (4) (55 S. E. 62). 
 
 Copy. Petition was not sufficient here, no copy of note secured by 
 mortgage being attached, and it not appearing when note was due, 
 nor what interest, if any, it should bear, nor from what date 
 interest should be computed. 145/776 (89 S. E'. 829). Where 
 chattel mortgage is foreclosed by attaching to affidavit of fore- 
 closure a copy of the mortgage, such copy must be verified as 
 correct by an affidavit thereon of the owner or his agent or attor- 
 ney; not sufficiently verified by certificate signed by attorney for 
 mortgagee and by attesting officer which recites merely: "I hereby 
 certify on oath that the above is a true and correct copy of the 
 original mortgage which is now in my possession." 14 App. 30 (1) 
 (79 S. E. 930)'. See 16 App. 653 (85 S. E. 931). 
 
 Date. Mortgage purporting to have been signed on the day of 
 
 1912, and which appears to have been properly 
 
 witnessed, and which was duly recorded on August 7, 1912, cover- 
 ing certain crops, was not so defective as to date as to be too 
 indefinite to constitute a lien on the property as to third persons. 
 Mortgage was at least good from the time of its record. 17 App. 
 98 (1) (86 S. E. 255). 
 
 Description of property as "all my shop tools and fixtures ... in 
 my possession" is not void for indefiniteness. 13 App. 1 (2) (78 
 S. E. 770). Description of property as crops cff all kinds growing 
 and to be grown on plantation of C. known as C.'s place, including 
 cotton, cottonseed, etc., was not sufficient. 13 App. 787 (79 S. E. 
 1134). Mortgage reciting that it is given to secure payment of note 
 for specified amount, ani "such future advances in money, stock, 
 merchandise and plantation supplies" as may be made to mortgagor 
 by mortgagee during given year, is valid only as mortgage to secure 
 payment of the note. 13 App. 632 (4) (79 S. E. 755). Description 
 of crop as on "Mrs. Johnson's farm" was not sufficient: 18 App. 487 
 (89 S. E. 607). Property described as "12 acres of cotton" was in-
 
 650 MUNICIPAL CORPORATIONS 
 
 sufficient. 124/3 (52 S. E. 19). Law does not require mortgage to 
 describe property so as to identify it without aid of parol evidence. 
 9 App. 56 (70 S. E. 259) ; 120/879 (48 S. E. 328). 
 
 Fi. fa. Entry of levy on fi. fa. was not void for omitting to recite land 
 levied on as property of defendant. 133/825 (67 S. E'. 97). 
 
 Form. The Code does not require that any particular form of ex- 
 pression shall be used to create a mortgage. 14 App. 30, 33 (79 S. 
 E. 930). Criterion by which a deed or bill of sale to secure deed is 
 distinguished from a mortgage is that one passes title and another 
 does not; and this is determined by the apparent intention of the 
 parties as evidenced by the writings connected with the trans- 
 action. Instrument containing common defeasance clause, pro- 
 viding that if described debt should be paid at maturity "then this 
 deed or bill of sale be void," was in legal effect a mortgage. 17 
 App. 666 (87 S. E 1 . 1100). 
 
 Illegality. Affidavit of illegality is amendable to same extent as are 
 ordinary pleas. 13 App. 632 (1) (79 S. E. 755). Affidavit setting 
 up payment may be amended by amplifying that ground. 9 App. 
 550 (71 S. E. 917). 
 
 Jurisdiction. Foreclosure proceedings are not void merely because they 
 fail to show jurisdiction of the court over the person of defendant. 
 14 App. 180 (5) (80 S. E. 663). 
 
 Nature of instrument. Covenant and agreement that property de- 
 scribed in paper should be held by maker "in trust" for its pay- 
 ment is sufficient to create a mortgage lien, though instrument was 
 in form of promissory note for purchase-price of fertilizer. 14 
 App. 30, 33 (79 S. E. 930). 
 
 Process. Issuance of process by clerk as in ordinary suits, not neces- 
 sary; rule nisi is process. 123/14 (50 S. E. 963). 
 
 Seal not necessary to validity of mortgage. 126/306 (55 S. E. 62). At- 
 testation of domestic notary not required to be under seal, to pre- 
 pare instrument for record. 88/417 (14 S. E. 608). 
 
 MUNICIPAL CORPORATIONS. 
 855 (a)-913 (a). 
 
 DEMAND ON MUNICIPAL CORPORATION BEFORE BRINGING 
 
 SUIT. 
 
 To the Mayor and Council of the City of : 
 
 You are hereby notified that on the day of , 
 
 19 . . . . , at the intersection of . . , and 
 
 streets in said city, petitioner being a foot passenger along. . . 
 
 street, in the night time, fell into a hole or 
 
 excavation in said street. The said hole was dangerous in char- 
 acter, unlighted, and without barrier to warn or protect foot 
 passengers along said street; petitioner did not know of the 
 existence of the said hole, and was without fault in the transac-
 
 NEW TRIAL 651 
 
 tion. The said hole had been there days before 
 
 petitioner fell into it, and the city of knew of its 
 
 existence, and was charged with the knowledge thereof, and 
 were negligent in failing to put up lights there, or other warn- 
 ing or barriers to protect plaintiff therefrom. Petitioner sus- 
 tained serious injuries in falling into said hole, to wit: his arm 
 was broken so that it had to be amputated at the elbow, he 
 suffered and still suffers great pain and mental anguish there- 
 from, he is permanently disfigured and injured in his person, 
 and his capacity to labor and earn money permanently impaired 
 
 to the extent of at least one-half, that he was years 
 
 of age when injured, and was earning and capable of earning 
 
 the sum of dollars per annum, that he was confined 
 
 to his bed for the space of months by reason of such 
 
 injuries, and incurred expense for medicines and medical atten- 
 tion and nursing of dollars, all to his injury and 
 
 damage in the sum of dollars, and for said amount 
 
 he makes claim upon the city of of 
 
 dollars for adjustment thereof according to the provisions of 
 law. 
 
 NEW TRIAL. 6078-6097. 
 
 MOTION. 6089. 
 
 vs. 
 
 Complaint in Superior Court 
 
 Term, 19 
 
 Verdict for plaintiff on the .... 
 
 day of , 19 , for 
 
 $ and costs of suit. 
 
 Now comes the defendant in the above named and stated 
 
 case, on this the day of , 19 , during 
 
 the term of court at which said verdict was rendered, and within 
 thirty days from the time of said trial, and being dissatisfied 
 with the verdict and judgment rendered against him, makes 
 this his motion for a new trial therein, and moves the court to 
 set aside said verdict and grant a new trial in said case upon 
 the following grounds, to wit:
 
 652 NEW TRIAL 
 
 1. Because said verdict is contrary to evidence and without 
 evidence to support it. 
 
 2. Because the verdict is decidedly and strongly against the 
 weight of evidence. 
 
 3. Because said verdict is contrary to law and the principles 
 of justice and equity. 
 
 Movant prays the court to grant a rule nisi calling upon the 
 plaintiff to show cause, if any he has or can, why this motion 
 should not be granted and a new trial awarded therein as prayed. 
 
 Attorney for Movant. 
 
 RUT>E NISI TO SHOW CAUSE. 
 
 vs. 
 
 Coniplaint in Superior Court 
 
 Term, 19 
 
 Verdict for plaintiff on the. . . . 
 
 day of , 19. . . ., for 
 
 $ and costs of suit. 
 
 The above and foregoing motion having been presented, it is 
 
 ordered that the plaintiff, , be served, and 
 
 show cause before me in this court instanter, or so soon as 
 counsel can be hea"rd, why the said motion should not be granted, 
 and a new trial had therein as prayed. 
 
 This day of ,19 
 
 /- 
 
 Judge Superior Court. 
 
 Due and legal service is hereby acknowledged on the within 
 and foregoing order and motion, copy and all other and further 
 service and notice is hereby waived. 
 
 This day of , 19 
 
 Attorney for Respondent, 
 
 (NOTE: While the point has never been decided in Georgia, the safe 
 plan is to present the judge with the motion, take the above order nisi, 
 and serve respondent's counsel, or get the acknowledgment of service 
 of the respondent's counsel upon it as above set out. In that way, the 
 respondent is in court and can be heard upon, and will be bound by, 
 any other or further order in the case. There may be a question as to 
 a judge passing an order before the other party is served, extending 
 time in the perfecting of the motion. Then if time is desired, take the 
 following order after respondent has been served, as above set out.)
 
 NEW TRIAL 653 
 
 ORDER GIVING TIME FOR THE PERFECTING OF MOTION. 
 
 Movant 
 
 vs. 
 
 Motion for a new trial in, 
 
 Superior Court, 
 
 Term. 19. 
 Respondent 
 
 In the above named and stated case, the movant having made 
 a motion for a new trial therein, and the stenographer not having 
 had time to write out the evidence so that the movant can file 
 his brief of evidence, it is considered, ordered and adjudged 
 that said motion be, and the same is, hereby continued until 
 
 the day of , 19. . . ., at. . . .o'clock, A. M., 
 
 at the court house, to be heard by me in vacation then and there, 
 
 and that the movant, , have until said time 
 
 to make out and present to the court a brief of evidence in said 
 case, and to amend said motion, and such right shall be extended 
 and continued to the time of the hearing, if for any reason said 
 motion is not heard at said time, with the right to movant to 
 file said brief upon the hearing or whenever said brief is ap- 
 proved. 
 
 It is further ordered that a supersedeas be granted and allowed 
 in said case until the final disposition of this motion. 
 
 This day of .'. ., 19 
 
 Judge of Superior Court. 
 
 AMENDED MOTION. 
 
 Movant 
 
 vs. 
 
 Motion for a new trial in 
 
 'Superior Court, Term, 
 
 19. . . ., and set for a hearing 
 
 before the Honorable , 
 
 Judge of the Superior Court, 
 this day of , 19. ... 
 
 Now comes the movant in the above named and stated e;is'- 
 
 on this the day of , 19 , the time and 
 
 date set for the hearing thereof, and by leave of the court first 
 had, amends his motion heretofore filed, by adding thereto the 
 following grounds:
 
 654 NEW TRIAL 
 
 1st. Because upon the trial of said case the court erred in 
 the following point and particular : What happened is as fol- 
 lows: (Here set out plainly, fully and distinctly what the 
 specific thing is that is complained of. State facts and not 
 conclusions. Any number of grounds can be added to meet the 
 different grounds of alleged error.) 
 
 2nd. Because upon the trial of said case the court charged 
 the jury as follows: (Here set out the portion of the charge 
 complained of which should be a correct and fair statement of 
 the charge alleged to be error), which said charge movant insists 
 was error, for the following reasons : (Here set out the reasons). 
 
 Movant prays that these grounds of motion for new trial be 
 considered by the court, and that a new trial be granted upon 
 each and all of the same. 
 
 Attorney for Movant. 
 
 At 
 
 . 19.. 
 
 The above and foregoing amended motion is hereby allowed, 
 and it is ordered that the same be filed. 
 
 Judge Superior Court. 
 
 ADDITIO'NAL GROUNDS OF MOTION. 
 
 (NOTE: The grounds of a motion may be stated in any desirable and 
 proper manner, the rule being that they should be plainly, fully and 
 distinctly set forth. The following forms may be used:) 
 
 3. Because the following material evidence was illegally 
 admitted to the jury by the court over the objection of movant, 
 to wit: [set out the evidence claimed to have been illegally 
 admitted.] 
 
 Movant objected to the admission of such evidence at the time 
 the. same was offered and did then and there urge the following 
 grounds of objection thereto : [set out the objections that were 
 actually made and urged at the trial.] 
 
 Which objections the court then and there overruled. 
 
 4. Because, during the progress of the trial movant moved 
 the court to rule out the following material evidence introduced 
 by the adverse party: [set out specifically what the evidence
 
 NEW TRIAL 655 
 
 was, in the ground itself, without reference to the brief of 
 evidence or any other parts of the record], and then and there 
 did urge the following groimds of objection to the said evidence : 
 [set out what objections were actually made and urged at the 
 trial], which said objections the court then and there overruled 
 and allowed the evidence to remain before the jury. 
 
 5. Because the following material evidence offered by 
 movant was illegally withheld from the jury against the demand 
 of the movant, to wit : [set out specifically the evidence claimed 
 to have been illegally withheld]. 
 
 6. Because the court refused to allow the witness 
 
 while on the stand, to answer the following questions propounded 
 to him by movant, to wit: [set out what the questions were], 
 movant insisting that the witness if permitted to answer would 
 answer as follows: [set out the answers expected], and that the 
 judge was then and there informed as to what the answer of the 
 witness would be if he had allowed him to answer at all. 
 
 7. Because the court erred in charging the jury as follows, 
 to wit: [set out the language used by the court claimed to con- 
 stitute error, particularly pointing out in \vhat the error con- 
 sisted]. 
 
 8. Because the court erred in refusing to give in charge the 
 following request to charge, the same having been submitted in 
 writing before the jury retired to consider of their verdict, to 
 wit: [set out copy of the request to charge]. 
 
 The part of the charge requested should embrace but one 
 subject-matter and the entire contents of the request upon the 
 point in question should be all correct and applicable to the 
 facts. If part is sound law and part bad, the whole may be 
 refused. 
 
 9. Because, since the rendition of said verdict certain ma- 
 terial evidence, not merely cumulative or impeaching in its 
 character, but relating to new and material facts, has been dis- 
 covered by the movant, said evidence being in substance as 
 follows, to wit. : [set out the evidence claimed to be newly dis- 
 covered] . 
 
 10. Because, during the progress of the trial the trial judge 
 erred in this that he did intimate or express an opinion to the 
 jury as to what had (or had not, as the case may be,) been 
 proved, as follows, to wit :
 
 656 NEW TRIAL 
 
 11. Because, during the progress of the trial the presiding 
 judge erred in that he did intimate or express to the jury his 
 opinion as to what had [or "had not," as the case may be,] been 
 proved in the following portion of his charge to the jury, to wit: 
 [set out the extracts from the charge claimed to be erroneous, 
 pointing out what was intimated or expressed therein, as claimed 
 by movant]. 
 
 Whereupon, movant prays that these, his grounds for new 
 trial, be inquired of by the court, and that a new trial be granted 
 him. This day of ,19 
 
 Attorney for Movant. 
 
 APPROVAL OF MOTION FOR NEW TRIAL. 
 
 The recital of the facts contained in the foregoing motion for 
 new trial, and amendments thereto, are hereby approved as true 
 and correct. This day of , 19 .... 
 
 Judge Superior Court. 
 
 ACKNOWLEDGMENT OF SERVICE. 6080. 
 
 Service of the within motion for new trial and rule nisi there- 
 upon acknowledged and copy and all other or further service or 
 notice waived. This day of '. . ., 19. ... 
 
 <. 
 
 Attorney for 
 
 ORDER ENLARGING TIME FOR SUBMITTING AMENDMENTS, 
 FILING BRIEF, FIXING TIME OF HEARING, ETC. 
 
 vg ' ' Verdict and judgment for 
 
 Term 19 of Court. 
 
 The having a motion for a new trial in said 
 
 case, on the grounds therein stated, and said grounds having 
 been approved by the court, and it appearing that it is impossi- 
 ble to make out and complete a brief of the testimony in said
 
 NEW TRIAL 657 
 
 case before adjournment of court: It is ordered by the court 
 
 that said motion be heard and determined on the day 
 
 of , 19 . . . . , in vacation at , and 
 
 that movant may amend said motion at any time at or before 
 the final hearing. 
 
 If for any reason said motion is not heard and determined 
 at the time and place above fixed, it is ordered that the same 
 shall be heard and determined at such time and place in vacation 
 as counsel may agree upon, under approval of the court, and 
 upon failure to agree, then at such time and place as the pre- 
 siding judge may fix on the application of either party, of which 
 time and place the opposite party shall have at least five days' 
 notice. 
 
 If for any reason this motion is not heard and determined 
 before the beginning of the next term of this court, then the 
 same shall stand on the docket until heard and determined at 
 said term or thereafter. 
 
 It is further ordered that the movant have until the hearing, 
 whenever it may be, to prepare and present for approval and 
 filing a brief of the evidence in said case, and the presiding 
 judge may enter his approval thereon at any time, either in 
 term or vacation, and if the hearing of the motion shall be in 
 vacation, and the brief of evidence has not been filed in the 
 clerk's office before the date of the hearing, said brief of evidence 
 may be filed in the clerk's office at any time within ten days after 
 the motion is heard and determined. 
 
 This day of :..., 19 
 
 Judge Superior Court. 
 
 APPROVAL, OF BRIEF OF EVIDENCE. 
 
 (State the ease.) 
 
 The foregoing pag 68 ? constituting the brief of the 
 
 evidence in this case, is hereby approved as a true and correct 
 brief of the evidence adduced upon the trial of the above-stated 
 case. Let the same 1x3 filed as part of the record herein. 
 
 This day of , 19. ... 
 
 J. S. bV. ..C.
 
 658 NEW TRIAL 
 
 AGREEMENT OF COUNSEL AS TO BRIEF OF EVIDENCE. 
 
 We agree that the foregoing pages is a true and 
 
 correct brief of the evidence adduced in the. trial of the case 
 of. vs therein referred to. 
 
 This day of , 19 
 
 Counsel for. 
 
 Counsel for, 
 Approved and ordered filed as part of the 
 
 record. 
 , Judge. 
 
 ORDER REFUSING MOTION FOR NEW TRIAL. 
 
 This motion for new trial coming on regularly to be heard, 
 after argument had, it is considered, ordered and adjudged that 
 a new trial be, and the same is, hereby refused [or "granted," 
 as the case may be], and judgment is hereby rendered in favor 
 
 of against , for the use of 
 
 the officers of the court for dollars and cents, 
 
 costs of this motion. 
 
 This day of , 19 
 
 J.S.C.. ..C. 
 
 NEWLY DISCOVERED EVIDENCE. 6086. 
 
 AFFIDAVIT. 
 
 (State the case.) 
 Georgia, County. 
 
 Personally appeared , the applicant for a 
 
 new trial in the above stated case, and and 
 
 , his counsel, and being all of his counsel, 
 
 each of whom on oath says that he did not know of the evidence 
 
 set out in the ground of the motion for a new trial 
 
 herewith filed before the trial of the case therein stated, and
 
 NONSUIT NOTARIES PUBLIC 659 
 
 that the same could not have been discovered by the exercise of 
 ordinary diligence. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 (NOTE: If the newly discovered evidence is the testimony of a 
 witness, there should also be attached to the motion an affidavit by 
 persons who know the witness, stating that they know him, where he 
 resides, that he is of good character, and that his evidence is entitled 
 to credit.) 
 
 Amendment of motion for new trial may be allowed at any time before 
 final disposition of motion. 122/250 (50 S. E. 105). 
 
 Evidence. Ground of amendment to motion, "that the court erred in 
 allowing the introduction of the mortgage fi. fa., over objection of 
 
 defendant's counsel, the objection being that it does not " 
 
 can not be considered, the objection not being set out. 16 App. 813 
 (3) (86 S. E. 455). See 125/577 (54 S. E. 677). Motion should 
 set forth enough to enable court to decide question without refer- 
 ring to other parts of record. 121/437 (49 S. E. 292). Evidence 
 must be literally or in substance set forth in motion or attached 
 thereto as an exhibit. 136/664 (1) (71 S. E. 1117). Documentary 
 evidence must be set out in motion or attached as an exhibit. 12 
 App. 494 (77 S. E. 672), 756 (78 S. E. 475). 
 
 Instructions. Grounds of motion complaining that certain excerpts 
 from charge of court are not adjusted to the evidence or to the 
 contentions of the parties, without specifying wherein they are not 
 so adjusted, was not sufficiently specific to be considered. 16 App. 
 350 (2) (85 S. E. 361). 
 
 Verification of grounds of motion. 121/162 (48 S. E. 904). Treated as 
 not verified, when. 125/577 (54 S. E. 677). 
 
 NONSUIT. 
 
 See Abatement of Actions, ante. 
 
 NOTARIES PUBLIC. 
 (COMMERCIAL, 616-625.) (COMMISSIONED, 4649-4679.) 
 
 PETITION FOR APPOINTMENT. 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior 
 
 Court of said County: 
 Par. 1. The petition of respectfully shows,
 
 660 NOTARIES PUBLIC 
 
 that he is a citizen of said county, and that he has attained to 
 the age of twenty-one years (or is an attorney at law). 
 
 Par. 2. Petitioner shows that he desires to be appointed a 
 commercial notary public for said county, under the provisions 
 of law. 
 
 Par. 3. The petitioner herewith submits a certificate of his 
 good moral character. 
 
 Par. 4. Wherefore, he prays the granting of an order ap- 
 pointing him such notary public and directing the clerk of the 
 Superior Court of said county to issue to him a certificate of 
 his appointment, upon his taking and subscribing the oath pre- 
 scribed by law. And your petitioner will ever pray. 
 
 , Petitioner. 
 
 Georgia, County. 
 
 To the Hon , Judge of the Superior Court 
 
 of said County: 
 We, the undersigned, citizens of said county, certify unto 
 
 your Honor that we know personally , the 
 
 applicant in the foregoing petition, that he is of good moral 
 character, and qualified under the laws for the position of 
 Notary Public. 
 
 This day of , 19 
 
 [L. S.] 
 
 [L. S.] 
 
 JUDGE'S APPOINTMENT. 
 
 At Chambers, , 19 .... 
 
 Read and considered, and it appearing that , 
 
 the applicant, is twenty-one years of age (or is an attorney at 
 law), and is of good moral character, it is hereby ordered that 
 
 said be, and he is hereby, appointed notary 
 
 public as prayed for, for the term of four years next following, 
 
 and the clerk of the superior court of said county of 
 
 will issue a certificate of appointment to the applicant upon his 
 taking and subscribing the oath prescribed by law. 
 
 Judge of Superior Court.
 
 NOTARIES PUBLIC 661 
 
 OATH BEFORE CLERK. 
 
 I, , do solemnly swear (or affirm) that I 
 
 will well and truly perform the duties of notary public for the 
 
 county of to the best of my ability; and I further 
 
 swear (or affirm) that I am not the holder of any public money 
 belonging to the State unaccounted for; so help me Godi 
 
 [L. S.] 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Clerk of Superior Court of said County. 
 
 COMMISSION. 
 
 Georgia, County. 
 
 Clerk's Office of Superior Court of said County. 
 
 having taken and subscribed before me the 
 
 oath prescribed by law for notary public, by virtue of the order 
 
 of the Hon , judge of the Superior Court of 
 
 said county, he is hereby commissioned a notary public for said 
 county, under the laws made and provided for such purposes, 
 for a term of four years from this date, unless his appointment 
 should be sooner revoked. 
 
 Witness my official signature and seal of office, this 
 
 day of , 19 
 
 Clerk of Superior Court of said County. 
 
 CERTIFICATE OF CLERK AS TO OFFICIAL CHARACTER OF 
 NOTARY. 
 
 Georgia, County. 
 
 I, , clerk of the Superior Court in and for 
 
 said county, the same being a court of record, and being the 
 court under which the notary hereinafter named holds his ap- 
 pointment, do hereby certify that , by and 
 
 before whom the foregoing acknowledgment was taken was, at 
 the time of taking the same, a notary public in and for the
 
 662 NOTARIES PUBLIC 
 
 county of , regularly commissioned and authorized 
 
 by law to attest deeds and take acknowledgments. 
 
 Witness my hand and official seal, this. . . .day of '. . . , 
 
 19.... 
 
 , Clerk. 
 
 NOTARY PUBLIC AND EX-OFFICIO JUSTICE OF THE PEACE. 
 
 Georgia, County. 
 
 In the Superior Court of said County. 
 
 Term, 19 
 
 The grand jury at this term of the court having so recom- 
 mended, it is ordered that be, and he is hereby, 
 
 appointed notary public and ex-officio justice of the peace in 
 
 and for the district, G. 1VL, of said county, to fill 
 
 vacancy caused by 
 
 Ordered further, that the clerk of this court enter this order 
 on the minutes, and transmit a certified copy thereof to the 
 governor that a commission may issue as provided by law. 
 
 This day of , 19 
 
 Judge Superior Court Circuit. 
 
 Georgia, County. 
 
 I certify that the foregoing is a true extract from the minutes 
 of the Superior Court of said county. 
 
 Witness my hand and seal of office, this day 
 
 of ,19 
 
 , Clerk. 
 
 OATH OF THE JUSTICE OF THE PEACE AND NOTARIES PUBLIC. 
 
 4663. 
 
 "I do swear that I will administer justice without respect to 
 persons, and do equal rights to the poor and the rich, and that 
 I will faithfully discharge all the duties incumbent on me as a 
 
 justice of the peace for the county of agreeably 
 
 to the Constitution and laws of this State, and according to the 
 best of my ability and understanding. So help me God." 
 
 (NOTE: Besides the above oath, the oath required of all civil officers 
 must be taken. See 2G9.)
 
 NOTICE TO PRODUCE PAPERS 663 
 
 Attorney at law, being notary public, can not qualify party to affidavit 
 for attachment and take bond and issue attachment in case in 
 which he is employed. 37/678. See Code, 621 (4), 4955. 
 
 Disqualification. Notary public is not disqualified from administering 
 an oath to his father and attesting an affidavit made by the latter. 
 145/93, 94 (2) (88 S. E. 680). Notary may attest deed to secure 
 loan, where he represents the lender in the negotiations. 122/440 
 (50 S. E'. 382). 
 
 Presumption as to place of attestation of instrument rebutted by 
 officer's signature. 145/531, 533 (89 S. E. 512). 
 
 NOTICE TO PRODUCE PAPERS, ETC. 
 
 5837-5843, 6304. 
 
 FORM OF NOTICE.. 
 
 Georgia, County. 
 
 . . Court. 
 
 Term, 19.... 
 
 To 
 
 Or , Attorney for : 
 
 You are hereby notified to produce and have upon the trial 
 
 of the above stated cause, at the term, 19. . . ., 
 
 of court, and from term to term thereafter until 
 
 the same is finally disposed of, the documentary evidence men- 
 tioned in the subjoined, memorandum marked "Exhibit A," the 
 .same to be used as evidence pertinent to the cause in question, 
 for the This day of , 19 
 
 Counsel for, 
 EXHIBIT A.
 
 664 NOTICE TO PRODUCE PAPERS 
 
 ACKNOWLEDGMENT OF SERVICE. 
 
 Due and legal service of the within notice acknowledged. 
 Copy and all further or other service waived. 
 This day of , 19 
 
 Attorney for 
 
 [NOTE. Notice shall be in writing, signed by the party seeking the 
 production of the document or writings, or by his attorney; when re- 
 turnable to the Superior Court ten days, and when returnable to the 
 justice court five days, before the production of the document or other 
 books, shall be required. 5838. Before the notice shall be available, 
 the party giving it, or his agent, must make oath, or his attorney state 
 in his place, that he has reason to believe that the paper required is or 
 has been in existence; that it is in the possession, power, or control of 
 the person notified; and that it is material to the issue. 5842.] 
 
 EXCULPATORY AFFIDAVIT. 6304. 
 
 (State the case.) 
 Georgia, County. 
 
 Personally before me, the undersigned attesting officer, came 
 
 , who, being duly sworn, on oath says that 
 
 the notice to produce certain books or papers [describe same as 
 
 contained in the notice] was served upon him on the 
 
 day of , 19. . . . ; that affiant was at that time not 
 
 a resident of county, but was a resident of 
 
 county in said State [or temporarily absent from the 
 
 county of his residence] at the time said notice was served; that 
 the said books or papers [describe same] are not now nor have 
 been in the possession, power or control of affiant since the 
 service of such notice. 
 
 Sworn to and subscribed before me, this 
 day of r..., 19 
 
 (Official designation.) 
 
 [NOTE. When the party notified resides in the county wherein the 
 case is pending, he may make the affidavit in open court, and it shall be 
 held as sufficient compliance with the notice. 6304.]
 
 ORDINARY 665 
 
 AFFIDAVIT OF PARTY TO RENDER NOTICE AVAILABLE. 5842. 
 
 (State the case.) 
 Georgia, County. 
 
 Personally before me, -the undersigned, a judicial officer of 
 
 said State, , the in the 
 
 above-stated case, who, being duly sworn, on oath says that he 
 has reason to believe the paper required is or has been in ex- 
 istence; that it is in the possession, power or control of 
 
 the person notified to produce it, and that it" is 
 
 material to the issue. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 [NOTE. The above oath may be made by the agent of the party 
 giving it, or his attorney may make statement in his place. 5842.] 
 
 Defective notice. Notice is not so because it does not specifically call 
 
 for the production of the paper from "term to term." 121/250 
 
 (1-b) (48 S. E. 970). 
 Description. Technical description is not necessary to have papers 
 
 produced; and very general description is effectual to compel their 
 
 production. 22/559, 562. 
 Peremptory order must be given by court to produce books or papers 
 
 specified before there can be a failure or refusal to "comply with 
 
 such order," as provided by Code, 5839. 114/622 (40 S. E. 796); 
 
 3 App. 34, 38 (59 S. E. 209). 
 Subpoena duces tecum, sufficiency of, is not material question after 
 
 document has been produced thereunder. 129/143 (58 S. E. 1055). 
 
 ORDINARY. 4776-4827. 
 
 CERTIFICATE OF ORDINARY TO COPY. 
 
 Georgia, County. 
 
 In the Court of Ordinary. 
 
 I, , ordinary of said county, and ex-oflicin 
 
 clerk of the court of ordinary, certify that the attached ;m<l 
 foregoing pages of printing and writing contain a
 
 666 ORDINARY 
 
 full, true and complete copy of as the same 
 
 appears of record and file in this office. 
 
 AVitness my hand and the seal of said court at , 
 
 Ga., this day of , 19. ... 
 
 Ordinary and ex-officio Clerk. 
 
 ORDINARY'S CERTIFICATE TO TRANSCRIPT OF RECORD. 
 
 Georgia, County. Ordinary's Office : ss. 
 
 I, , ordinary and ex-officio clerk of the 
 
 court of ordinary of said county, do hereby certify that I have 
 
 compared the foregoing copy of 
 
 with the original record thereof, now remaining in this office, 
 and the same is a correct transcript therefrom, and of the whole 
 of such original record. 
 
 In testimony whereof, I have hereunto set my hand and 
 
 affixed the seal of the court of ordinary, this the day 
 
 of , 19 
 
 Ordinary and ex-officio C. C. O. 
 
 SUBPCENA FOR WITNESS. 
 
 Georgia, County. 
 
 vs. 
 
 To , . . . . , Greeting : 
 
 You are hereby commanded, that laying all other business 
 aside, you personally be and appear at the court of ordinary of 
 
 said county on day of . . . .' next, 
 
 to testify and the truth to say on the part and in behalf of 
 the , in the above named and stated case. 
 
 Herein fail not, on pain of three hundred dollars. 
 
 Witness the honorable , judge of said court, 
 
 this day of , 19 .... 
 
 . Clerk.
 
 ORDINARY 667 
 
 FEES OF ORDINARY. 4827. 
 
 The ordinaries are entitled to the following fees, to wit : 
 
 For receiving application and granting citation $ 1 25 
 
 For taking and recording administrators' or guardians' 
 
 bonds 1 00 
 
 For issuing letters of administration, or letters testamen- 
 tary 1 50 
 
 For recording the same 50 
 
 For copying the same 50 
 
 For signing warrant of appraisement 50 
 
 For receiving appraisement or sale bill, and approving 
 
 the same, if under five hundred dollars 1 00 
 
 If above five hundred and under two thousand dollars 1 25 
 If above two thousand and under ten thousand dollars 1 50 
 If above ten thousand and under twenty thousand 
 
 dollars ' 1 75 
 
 If above twenty thousand and under fifty thousand 
 
 dollars 2 00 
 
 If above fifty thousand dollars 2 50 
 
 For receiving an appraisement or sale bill, and recording 
 same, if above fifty thousand dollars and under sixty- 
 five thousand dollars 2 75 
 
 If above sixty-five thousand dollars and- under eighty 
 
 thousand dollars 3 00 
 
 If above eighty thousand dollars and under one hun- 
 dred thousand dollars 3 50 
 
 If above one hundred thousand dollars and under one 
 
 hundred and twenty-five thousand dollars 4 00 
 
 If above one hundred and fifty thousand dollars. . . 5 00 
 For receiving application and granting letters dismissory, 
 
 whole service 5 00 
 
 For granting citation to show cause why administration 
 
 should not be set aside, or repealed 2 00 
 
 For entering a caveat against administration being grant- 
 ed or will proven 1 25 
 
 For each copy of caveat . f 50 
 
 For signing probate of will or .codicil 1 25 
 
 For each case litigated before the ordinary, where no fees 
 
 are prescribed 3 00 
 
 For issuing commission to examine witnesses , . . , 1 25
 
 668 ORDINARY 
 
 For commission to have one year's support set apart to 
 
 widow, minor or minors * $1 25 
 
 For recording the same 1 00 
 
 For examining book and giving extracts 1 00 
 
 For every order passed where no fees are prescribed. ... 50 
 Provided, that no fee shall be charged for drawing 
 checks, orders, drafts or warrants on the county 
 treasury. 
 
 For each affidavit where no case is pending 30 
 
 For every service required and performed, for which no 
 fees are specified by law, the same fees as are allowed 
 clerks of the Superior Courts for' similar services, or 
 for a like amount of labor. 
 
 For every marriage license 1 50 
 
 For every order of sale of land or other property 50 
 
 For each copy of the same 25 
 
 For issuing letters of guardianship 1 00 
 
 For recording the same 50 
 
 For rule nisi in each case 50 
 
 For copy 25 
 
 For issuing process against a person for not making re- 
 turn 50 
 
 For each additional copy 25 
 
 For each subpoena 15 
 
 For examining anol recording returns on all estates not 
 
 worth more than two thousand dollars 1 00 
 
 For all estates worth more than two, and not more than 
 
 five thousand dollars 1 25 
 
 For all estates worth more than five, and not over ten 
 
 thousand dollars 1 40 
 
 For all estates worth more than ten thousand dollars. . . 1 60 
 For examining and recording the returns of all estates 
 worth more than ten thousand dollars, and not over 
 
 twenty thousand dollars 2 00 
 
 For all estates worth more than twenty thousand dollars 
 
 and not over forty thousand dollars 2 50 
 
 For all estates worth more than forty thousand dollars, 
 
 and not over sixty thousand dollars 3 00 
 
 For all estates worth more than sixty thousand dollars, 
 
 and not over eighty thousand dollars 3 50 
 
 For all estates worth more than eighty thousand dollars, 
 
 and not over one hundred thousand dollars 400
 
 ORDINARY 669 
 
 For all estates worth more than one hundred thousand 
 dollars, and not over one hundred and twenty-five 
 
 thousand dollars $450 
 
 For all estates worth more than one hundred and twenty- 
 five thousand dollars, and less than one hundred and 
 
 fifty thousand dollars 5 00 
 
 For recording all vouchers accompanying the returns of 
 administrators, executors, and guardians, per one 
 
 hundred words 15 
 
 For recording any instrument of writing not mentioned, 
 
 per one hundred words 15 
 
 For proceedings to authorize titles to be made to lands of 
 
 deceased persons 5 00 
 
 For commission to freeholders to divide estates 1 25 
 
 For entering an appeal and transmitting the proceedings 
 
 to the Superior Court 1 50 
 
 For filing and recording an official bond 1 00 
 
 For services in making settlement of accounts of any ex- 
 ecutor, administrator, or guardian, as prescribed in 
 
 this Code 10 00 
 
 For every stray horse, mule, or 'ass, for every legal service 
 
 required 2 00 
 
 For every bull, ox, or cow, for all services required 1 25 
 
 For every goat, hog or sheep 30 
 
 For retailer's bond 1 00 
 
 For retailer's license 1 00 
 
 For copying and administering oath to retailer 50 
 
 For each peddler's license 1 25 
 
 For filing and recording each bond the law requires. ... 1 00 
 
 For recording marks and brands 50 
 
 For comparing and testing weights and measures, and 
 
 stamping and marking each 10 
 
 For the whole service in setting apart a homestead of 
 
 realty and personalty, when not litigated 7 00 
 
 When objections or demurrer are filed and heard, in 
 
 addition to the proceeding 3 00 
 
 For each fi. fa. issued by him .*. . 60 
 
 For seal and certificate, each 50 
 
 For recording any inventory or appraisement, or abstract 
 of receipts and disbursements connected with an ac- 
 count current, in addition to foregoing fees, fifteen 
 (15) cents per hundred words.
 
 670 PARENT AND CHILD 
 
 PAKENT AND CHILD. 3012-3030. 
 
 BASTARD PETITION TO LEGITIMATE. 3013. 
 
 Georgia, County. 
 
 To the Superior Court of said County : 
 
 1. The petition of shows that he is a 
 
 resident of said county. 
 
 2. That he is the father of an illegitimate male [or female] 
 
 child, of the age of years, whose name is , 
 
 the name of the mother of the said child being 
 
 3. That the mother of said child, to wit, the said .... v .... 
 is now in life. 
 
 (If the mother be dead that fact shall be stated; if she be alive 
 she must have notice.) 
 
 4. Petitioner desires that the name of the said child be 
 
 changed from the name of to the name of 
 
 . . , and he prays that said child may be 
 
 legitimized by the name last mentioned. 
 
 NOTICE TO MOTHER. 3013. 
 
 Georgia, County. 
 
 To , of said County : 
 
 You are hereby notified that I have filed a petition to the 
 
 term, 19 . . . . , of the Superior Court, 
 
 to render legitimate a male child named , of 
 
 which you are the mother, and asking that the name of the said 
 child be changed to [state the new name]. 
 
 A copy of said petition is hereto attached. Said application 
 will be heard at the term, 19. . . ., of said court. 
 
 AFFIDAVIT AS TO SERVICE OF NOTICE. 
 
 Georgia, County. 
 
 Personally before me, an officer of this State authorized to 
 
 administer oaths, came f who, being duly 
 
 sworn, on oath says that on the day of ,
 
 PARENT AND CHILD 671 
 
 19. . . ., he served a copy of the foregoing notice and petition 
 
 attached upon , the person therein named as 
 
 the mother of said child. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 ,J.P. 
 
 ORDER OF COURT LEGITIMATING CHILD. 3013. 
 
 It appearing to the court from the foregoing petition of 
 
 for legitimation of his child, named 
 
 , that , the mother of said 
 
 child is in life, and that she has been served with notice of this 
 application, and offers no objection thereto, and it further ap- 
 pearing to the court that said petition is within the purview of 
 the statute in such case made and provided : It is ordered that 
 the said petition be granted, and that said child be, and the 
 same is, hereby declared to be legitimate, and capable of inherit- 
 ing of the father in the same manner as if born in lawful wed- 
 lock and from henceforth the name by which said child shall 
 be known shall be. 
 
 This day of . , 19 
 
 j.s.c.. . .c. 
 
 ADOPTION OF CHILD PETITION FOR. 3016. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of .shows: 
 
 1. That petitioner is desirous of adopting a child of the 
 
 name of , domiciled in said county, so as to 
 
 render the said child capable of inheriting the petitioner's estate. 
 
 2. Petitioner shows that , the father of 
 
 the said child is dead [or has abandoned his family], and 
 
 that the mother of said child, consents to the 
 
 act of adoption by petition. 
 
 The written consent of , the mother of said 
 
 child is hereto attached.
 
 672 PARENT AND CHILD 
 
 3. Petitioner desires that the name of said child be changed 
 from to 
 
 Wherefore, he prays that said child be declared by the court 
 to be the adopted child of petitioner and also capable of inherit- 
 ing his estate. 
 
 Petitioner's Attorney. 
 
 CONSENT OF THE MOTHER. 
 
 Georgia, County. 
 
 I, the undersigned, being the mother of '. . . , a 
 
 child of the age of years, named , being 
 
 advised that has filed a petition to the 
 
 term, 19 . . . . , of the Superior Court, for the adoption 
 
 of said child as his own, so as to render him capable of inherit- 
 ing his estate, and to change the name of said child to 
 
 hereby consent in writing to the act of adoption, and the change 
 of name as prayed. And I hereby waive the notice as required 
 by law to be given in such cases. 
 " This day of , 19 
 
 ORDER DECLARING THE ADOPTION OF CHILD. 3016. 
 
 It appearing from the petition of that he 
 
 desires to adopt a certain child, named , for 
 
 the purpose of rendering said child capable of inheriting his 
 estate, and praying that the name of said child shall be changed 
 
 to ; and it further appearing that the facts 
 
 stated in the said petition are true, and that , the 
 
 father of said child, is dead, and that , the 
 
 mother of said child, which petitioner seeks to adopt, has notice 
 of said application, and has formally consented in writing to 
 the act of adoption and the change of the name of the child as 
 prayed ; and the court being further satisfied that such adoption 
 will be to the interest of the said child: It is further ordered 
 that said child be, and he is, hereby declared to be the adopted 
 child of the said and capable of inheriting the
 
 PARENT AND CHILD 673 
 
 estate of the said , and that henceforth the 
 
 name of the said child shall be 
 
 This day of , 19 
 
 J. S. C.. . .0. 
 
 OBJECTION BY RELATIVE TO ACT OF ADOPTION. $3017. 
 
 And now comes , being related by blood to 
 
 - , the child whom is seeking 
 
 by petition filed to the term, 19. . . ., of 
 
 Superior Court, to adopt as his own child, the undersigned 
 
 being the "... of the child, the father and mother of the 
 
 said child both being dead, and files objection to such applica- 
 tion, and for cause of objection says that [set out the cause of 
 objection]. 
 
 This day of , 19 
 
 ORDER OF THE COURT THEREUPON. 
 
 j n re 1 Petition for the adoption of a child named 
 
 , pending in Superior 
 
 ' ) Court, No , '. . Term, 19 
 
 The foregoing petition of for the adoption 
 
 of a child named , and the objection of , 
 
 the . . . . '. of said child, filed to such application, read 
 
 and considered, and after hearing the same it is ordered that 
 
 the objections filed by to the act of adoption, 
 
 and the evidence presented in support thereof, constitute no 
 good reason for refusing the application, and the court in the 
 exercise of the discretion conferred by law, hereby overrules 
 said objections. 
 
 It is further ordered that said child be, and the same is, 
 
 hereby declared to be the adopted child of said and 
 
 capable of inheriting his estate, and that henceforth the name 
 of said child shall be 
 
 This day of , 19 
 
 J. S. C C.
 
 674 PAYMENT 
 
 PAYMENT. 4311-4317, 6287. 
 
 PLEA OF PAYMENT. 4311, 62,87. 
 
 (State the case.) 
 
 And now comes the defendant, and for [further] plea and 
 answer in this behalf says : 
 
 1. That on the day of . ., 19 , at 
 
 , in said county, defendant paid to 
 
 agent of the plaintiff, the sum of dollars in money, 
 
 in full payment and satisfaction of the principal and interest 
 of the note sued on. 
 
 2. That at the time and place in question the said 
 
 was the agent (or attorney at law) of the plaintiff, and author- 
 ized to collect and receive payment thereof. 
 
 [Or, if payment was made, but less than the full amount of 
 the note, principal and interest, the following allegation may 
 be used:] 
 
 On the day of . , 19 . . . . , the defendant, 
 
 at , in said county, paid to the plaintiff the sum 
 
 of dollars in money, which does not appear entered 
 
 as a credit on said note, for which payment the defendant is 
 entitled to credit on said note. 
 
 And of this he puts himself upon the country. 
 
 Defendant's Attorney. 
 
 (NOTE: If suit is on note in court other than justice court, this 
 plea should be verified.) 
 
 Plea should show with reasonable certainty, when, how and to whom 
 payment was made, or defect should be pointed out by special de- 
 murrer, and when done, it is amendable in these respects. 18 App. 
 414, 415 (89 S. E. 339); 14 App. 298 (80 S. E. 698); 98/173 (25 S. 
 E. 414) ; 125/388 (54 S. E. 135). Time of payment should be speci- 
 fied but omission not reached by general demurrer. 83/322 (9 S. 
 E. 750). Allegations of payment should state the facts with par- 
 ticularity, and it is not sufficient to set forth that deponent "is 
 advised and believes" that debt has been settled in full. 18 App. 
 780 (4) (90 S. E. 722). Plea which, while alleging the person to 
 whom alleged payments were made nevertheless fails to allege 
 when and how they were made, with such reasonable certainty as 
 to enable the opposite party to prepare to meet the plea, is in- 
 sufficient. 15 App. 741 (3) (84 S. E'. 201). Plea of partial pay- 
 ment setting out neither time, place nor amount, is insufficient. 
 125/73 (5) (54 S. E. 77).
 
 PENDENCY OF ACTION POSSESSORY WARRANT 675 
 
 PENDENCY OF ACTION. 
 (See Lis Pendens, ante.) 
 
 PETITIONS. 
 
 (See Declarations or Petitions, ante.) 
 
 POSSESSORY .WARRANT. 5371-5379. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally before me, the undersigned , judge 
 
 of the Superior Court of county [or judge of the 
 
 county court of said county, or a justice of the peace of said 
 
 county] , came , who on oath says that on the 
 
 -day of , 19. . . ., a certain personal chattel, 
 
 to wit: [Describe the chattel] was taken, enticed or carried 
 away, either by fraud, violence, seduction or other means, by 
 the said .from the possession of deponent. 
 
 [Or, That a certain personal chattel, to wit [describe it], 
 having recently been in the quiet, peaceable and legally acquired 
 possession of deponent, has disappeared without his consent, 
 and as he believes has been received or taken possession of by 
 
 the said under some pretended claim, and 
 
 without lawful warrant or authority.] And that deponent does 
 in good faith claim a title to [or interest in, or the possession 
 
 of] the said And deponent makes this affidavit 
 
 that, a warrant may issue in terms of the law. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 [Nora. Two grounds are set forth in the foregoing affidavit, only one 
 of them should be used in the particular instance, the one or the other 
 of them, according to the facts of the particular case. 4799.]
 
 676 POSSESSORY WARRANT 
 
 -'"**. ' . ** 
 
 i . 
 
 WARRANT. 5371. 
 
 Georgia, '. . . County. 
 
 To the Sheriff, His Deputy, or any Lawful Constable of said 
 County : 
 
 having this day made oath before me that 
 
 a certain chattel [describe it] of the value of dollars 
 
 has been taken, enticed, or carried away, either by fraud, ~vio- 
 
 lence, seduction or other means, by one ' . . . from 
 
 the possession of the said 
 
 [Or, That a certain personal chattel [describe it] of the value 
 
 of dollars, having recently been in the quiet, 
 
 peaceable and legally acquired possession of the said 
 
 has disappeared without his consent, and as he believes has been 
 
 received or taken possession of by the said under 
 
 some pretended claim, and without lawful warrant or authority.] 
 
 And that the said does in good faith claim a 
 
 title to [or an interest in, or the possession of] said property. 
 
 These are therefore to command you to apprehend the said 
 
 , and seize said property if it be found in said 
 
 county, and bring them before me, or any judge of the Superior 
 Court, or of the county court, or justice of the peace of said 
 county, together with this warrant, that justice may be done in 
 the premises. 
 
 Given under my hand and official signature, this day 
 
 of , 19 
 
 ENTRY OF OFFICER WHERE PROPERTY CAN NOT BE FOUND. 
 
 Executed the within warrant by arresting the body of the 
 
 defendant and have him now before the court. 
 
 After diligent search I have been unable to find and seize the 
 property described in the warrant. 
 
 This the day of ,19 
 
 , L. C. 
 
 COMMITMENT OF THE DEFENDANT. 5377. 
 
 (State the case.) 
 To the Sheriff and Jailer of Said County : 
 
 It appearing to the court by the return of , 
 
 lawful constable of said county, entered upon the warrant in
 
 POSSESSORY WARRANT 677 
 
 the above stated case, that the said officer can not find said prop- 
 erty, and it further appearing that such property is in the 
 possession, power, custody or control of the defendant [or any 
 agent or friend of his, or any one acting for or intrusted with 
 
 the same for him] and that said fails to produce 
 
 or cause said property to be forthcoming to be dealt with as the 
 law directs, and as the judgment of the court may award: 
 
 It is ordered that the said be committed to 
 
 the common jail of county, there to remain in 
 
 safe and close custody without bail until said property shall be 
 produced or forthcoming to be disposed of as aforesaid. 
 
 Wherefore you are commanded to receive the body of the said 
 
 and him safely keep in said jail in accordance 
 
 with this order. 
 
 Given under my hand and official signature, this dav 
 
 of 'l9 
 
 JUDGMENT IN REFERENCE TO BOND. 
 
 (State the case.) 
 
 After hearing evidence as to the question of possession of the 
 property in the above stated case it is considered, ordered and 
 adjudged by the court, that the property therein mentioned be 
 delivered to the plaintiff, upon his entering into a recognizance 
 with good and sufficient security, as required by law, or upon 
 his refusal or failure to give such security that the said property 
 be turned over to the defendant upon his giving bond as required 
 by law, and that the defendant pay the cost of this proceeding. 
 
 This day of , 19. ... 
 
 BOND WHERE PROPERTY Is TURNED OVER TO PLAINTIFF. 
 
 Georgia, County. 
 
 \Ve, , principal, and , 
 
 security, acknowledge ourselves jointly and severally held and 
 
 bound to , his heirs,, executors, administrators 
 
 and assigns, in the sum of [double the value of the property 
 seized] for the payment of which we bind ourselves, our heirs, 
 executors, administrators, firmly by these presents. 
 
 The condition of this bond is as follows :
 
 678 POSSESSORY WARRANT 
 
 The said having on the day of , 
 
 19. . . ., sued out a possessory warrant against 
 
 for the recovery of the possession of a certain chattel, to wit: 
 
 '[Describe the property] of the value of dollars, 
 
 arid upon the trial of said cause, on the day of , 
 
 19. . . ., before , a justice of the peace in and 
 
 for said county, the possession of said property having been 
 
 adjudged by the court in favor of said upon 
 
 his giving bond and security as required by law; now, if the 
 
 said shall cause the said property to be produced 
 
 and forthcoming to answer any judgment, execution, or decree 
 that may be had, issued or made upon such suit or action at law 
 or in equity as the opposite party may commence within the 
 next four years then this bond to be void; else of force. 
 
 Witness our hands and seals this day of , 
 
 19 
 
 , Principal [L. S.] 
 
 , Security [L. S.] 
 
 Executed in the presence of, and approved 
 by me , J. P. 
 
 BOND WHERE DEFENDANT TAKES POSSESSION OF THE 
 PROPERTY. 5374. 
 
 We, , principal, and , 
 
 security, acknowledge ourselves held and bound to , 
 
 his heirs and executors, administrators and assigns in the sum 
 of [double the value of the property seized] for the payment of 
 which we bind ourselves, our heirs, executors and administrators, 
 jointly and severally, firmly by these presents. 
 
 The condition of this bond is as follows : 
 
 The said having on the day 
 
 of , 19 . . . . , sued out a possessory warrant against 
 
 , for the recovery of the possession of a 
 
 certain chattel, to wit: [Describe the property] of the value 
 
 of dollars, and. upon the trial of said cause on 
 
 the day of , 19. . . ., before. , 
 
 a justice of the peace for said county, the right to the possession 
 of the said property having been adjudged by the court in favor 
 
 of said upon his giving bon,d and security as 
 
 required by law, or upon his failure to give said bond that said
 
 POSSESSORY WARRANT - 679 
 
 property be delivered to said defendant upon his giving bond as 
 
 required by law ; and the said having failed 
 
 to give such bond as required by the judgment of said court; 
 
 now, if the said .shall cause the said property 
 
 to be produced and forthcoming to answer any judgment, execu- 
 tion or decree that may be had, issued or made upon such suit 
 
 or action at law or in equity as the said. . may 
 
 commence within the next four years, then this bond to be void ; 
 else of force. 
 
 Witness our hands and seals this day of , 
 
 19.... 
 
 , Principal [L. S.] 
 
 , Security [L. S.] 
 
 Executed in the presence of and approved 
 by me , J. P. 
 
 NOTICE OF INTENTION TO CERTIORARI. 5375. 
 
 (State the case.) 
 To..... : 
 
 You are hereby notified that I intend to certiorari the decision 
 of the court rendered in the above stated cause to the Superior 
 Court. 
 
 This day of , 19 
 
 [NOTE. Service may be upon the opposite party, or upon his agent or 
 attorney, should this he done it will operate as a supersedeas for ten 
 days from the trial, during which time the officer should retain pos- 
 session.] 
 
 Agent of owner of property for purposes of bailment refusing to return 
 property on demand, possessory warrant will lie in favor of owner. 
 18 App. 275 (1) (89 S. E. 302); 13 App. 555 (1) (79 S. E. 481). 
 See 17 App. 659 (87 S. E. 1089). Fact that agent sold to bailor 
 certain goods on credit would not entitle him to hold property as 
 payment of debt, and such defense would avail naught on trial of 
 possessory warrant. 18 App. 275 (2) .(89 S. E. 302). 
 
 Certiorari was erroneously refused where decision awarding property 
 to landlord was contrary to law and evidence, which showed that 
 tenant was entitled to possession. 16 App. 634 (2) (85 S. E. 935). 
 
 Consent. Possessory warrant is not proper means for recovery of per 
 sonalty, unless possesion was acquired by fraud, violence, or 
 seduction, and without consent of the complaining party. 13 App. 
 329 (79 S. E. 169).
 
 680 PHAC-TICE IN SUPREME COURT 
 
 Contempt. Justice had power to imprison defendant cropper for con- 
 tempt where he admitted that he sold bale of cotton, to which 
 landlord had both title and right of possession, and refused to 
 pay over proceeds, though admitting it to be within his power 
 to do so. 17 App. 519 (2) (87 S. E. 763). 
 
 Domestic fixtures, placed by tenant wrongfully deprived of possession, 
 may be recovered by possessory warrant. 124/504 (52 S. E, 619). 
 
 Intoxicating liquor. Possession of intoxicating liquor, not obtained in 
 violation of prohibition law, may be regained by possessory war- 
 rant. 14 App. 13 (80 S. E. 34). 
 
 Judgment. Rule that judge of superior court, on petition for certiorari, 
 can not render final judgment where there is conflicting evidence 
 on any material issue, does not apply where petition is overruled. 
 16 App. 163 (84 S. E'. 616). 
 
 Possession. Where undisputed evidence shows that tenant acquired 
 possession of property without fraud and under contract with 
 landlord, possessory warrant taken out by landlord should have 
 been dismissed. 16 App. 634 (85 S. E. 935). Possession must be 
 acquired in one of the modes set forth in Code, 5371. 121/97 (48 
 S. E. 695). 
 
 Presumption that defendant's possession was lawful does not arise. 13 
 App. 555 (79 S. E. 481). 
 
 PKACTICE IN SUPREME COURT. 6119-6259. 
 
 Act August 21, 1911, (Acts 1911, p. 149, Park's Annotated 
 Code of Georgia, 6164 (a), 6164 (b) ; 792 (a), 1090 (a), 
 1101 (a) P. C.), provides as follows: 
 
 SECTION 1. Be it hereby enacted by the General Assembly 
 of Georgia, that aft.er the passage of this Act no Judge of the 
 Superior Courts shall grant the writ of certiorari or sustain 
 such writ in a criminal or quasi criminal case on the ground 
 that the venue was not proved in the trial court, or that the 
 time of the commission of the offense was not proved, unless 
 there is a distinct allegation in the petition for the writ of 
 failure to prove the venue or time, and an assignment of error 
 as to such matters. 
 
 SEC. 2. Be it further enacted, That no judgment of a trial 
 court in a criminal case shall be reversed by either the Supreme 
 Court or the Court of Appeals for lack of proof of venue or of 
 the time of the commission of the offense, save where the par- 
 ticular point has been specifically raised by a ground of the 
 original or amended motion for a new trial. 
 
 SEC. 3. Be it further enacted, That where the Judge has 
 finally passed on the merits of a motion for a new trial and the 
 parties have raised no question as to the sufficiency of the ap-
 
 PRACTICE IN SUPREME COURT 681 
 
 proval of the grounds of such motion, or of the approval of the 
 brief of evidence, or of the filing of such motion or brief, or of 
 the jurisdiction of the Judge to entertain the motion at the time 
 he did, if the parties acquiesced in his entertaining it at that 
 time, no question as to these matters shall be entertained by the 
 reviewing courts unless first raised and insisted on before the 
 trial Judge. 
 
 SEC. 4. Be it further enacted, That where a bill of excep- 
 tions which can be identified as excepting to a specific judgment 
 is served upon counsel of record in the case, such service shall 
 be held to bind all parties whom said counsel represented in the 
 trial court. Where counsel acknowledged service upon a bill 
 of exceptions, such acknowledgment shall be held to be a com- 
 plete waiver of all defects in the service which the counsel sign- 
 ing it is legally competent to waive, whether such signing is 
 done before or after the signing of the writ of error, unless 
 counsel in the entry of acknowledgment distinctly and specific- 
 ally states that it is not to be construed as waiving some par- 
 ticular defect then pointed out by him. If such acknowledg- 
 ment of service is properly entitled in the cause, it need not be 
 physically attached to the bill of exceptions. 
 
 SEC. 5. Be it further enacted, That where an acknowledg- 
 ment of service has been procured as provided in Section 4 of 
 this Act, the bill of exceptions may be amended in the reviewing 
 court by making any person a party defendant in error to the 
 case who is bound by such service although such person may 
 not have been named in the bill of exceptions. 
 
 Act August 19, 1916, (Acts 1916, p. 19) reads as follows: 
 
 SECTION 1. The general Assembly of the State of Georgia 
 hereby proposes to the people of Georgia an amendment to sec- 
 tion 2 of article 6 of the Constitution of this State, as follows : 
 
 1. By changing paragraph 5 of said section, so it will read 
 as follows : "Paragraph 5. The Supreme Court shall have no 
 original jurisdiction, but shall be a court alone for the trial and 
 correction of errors of law from the superior courts and the 
 city courts of Atlanta and Savannah, and such other like courts 
 as have been or may hereafter be established in other cities, in 
 all cases that involve the construction of the Constitution of the 
 State of Georgia or of the United States, or of treaties between 
 the United States and foreign governments ; in all cases in which 
 the constitutionality of any law of the State of Georgia or of 
 the United States is drawn in question; and, until otherwise 
 provided by law in all cases respecting titles to land in all
 
 682 PRACTICE IN SUPREME COURT 
 
 equity cases; in all cases which involve the validity of, or the 
 construction of wills; in all cases of conviction of a capital 
 felony; in all habeas corpus cases; in all cases involving extra- 
 ordinary remedies ; in all divorce and alimony cases, and in all 
 cases certified to it by the Court of Appeals for its determina- 
 tion. It shall also be competent for the Supreme Court to re- 
 quire by certiorari or otherwise any case to be certified to the 
 Supreme Court from the Court of Appeals for review and de- 
 termination with the same power and authority as if the case 
 had been carried by writ of error to the Supreme Court. Any 
 ca'se carried to the Supreme Court or to the Court of Appeals, 
 which belongs to the class of which the other court has jurisdic- 
 tion, shall, until otherwise provided by law, be transferred to 
 the other court under such rules as the Supreme Court may 
 prescribe, and the cases so transferred shall be heard and de- 
 termined by the court which has jurisdiction thereof." 
 
 2. Paragraph 9 shall be amended to read as follows : "The 
 Court of Appeals shall consist of the judges provided therefor 
 by law at the time of the ratification of this amendment, and 
 of such additional judges as the General Assembly shall from 
 time to time prescribe. All terms of the judges of the Court 
 of Appeals after the expiration of the terms of the judges pro- 
 vided for by law at the time of the ratification of the amend- 
 ment (except unexpired terms) shall continue six years, and 
 until their successors are qualified. The time and manner of 
 electing judges, and the mode of filling a vacancy which causes 
 an unexpired term, shall be the same as are or may be provided 
 for by the laws relating to the election and appointment of 
 Justices of the Supreme Court. The Court of Appeals shall 
 have jurisdiction for the trial and correction of errors of law 
 from the superior courts and from the city courts of Atlanta 
 and Savannah, and such other like courts as have been or may 
 hereafter be established in other cities, in all cases in which 
 such jurisdiction has not been conferred by this Constitution 
 upon the Supreme Court, and in such other cases as may here- 
 after be prescribed by law ; except that where a case is pending 
 in the Court of Appeals and the Court of Appeals desires in- 
 struction from the Supreme Court, it may certify the same to 
 the Supreme Court, and thereupon a transcript of the record 
 shall be transmitted to the Supreme Court, which, after having 
 afforded to the parties an opportunity to be heard thereon, shall 
 instruct the Court of Appeals on the question so certified, and 
 the Court of Appeals shall be bound by the instructions so
 
 PRACTICE IN SUPREME COURT 683 
 
 given. But if by reason of equal division of opinion among 
 the Justices of the Supreme Court no such instruction is 
 given, the Court of Appeals may decide the question. The 
 manner of certifying questions to the Supreme Court by the 
 Court of Appeals, and the subsequent proceedings in regard to 
 the same in the Supreme Court, shall be as the Supreme Court 
 shall by its rules prescribe, until otherwise provided by law. 
 No affirmance of the judgment of the court below in cases pend- 
 ing in the Court of Appeals shall result from delay in disposing 
 of questions or cases certified from the Court of Appeals to the 
 Supreme Court, or as to which such certificate has been required 
 by the Supreme Court as hereinbefore provided. All writs of 
 error in the Supreme Court or the Court of Appeals, when re- 
 ceived by its clerk during a term of the court and before the 
 docket of the term is by order of the court closed, shall be 
 entered thereon; when received at any other time, shall be 
 entered on the docket of the next term ; and they shall stand for 
 hearing at the term for which they are .so entered, under such 
 rules as the court may prescribe, until otherwise provided by 
 law. T^he Court of Appeals shall appoint a clerk and a sheriff 
 of the court. The reporter of the Supreme Court shall be re- 
 porter of the Court of Appeals unfil otherwise provided by law. 
 The laws relating to the Supreme Court as to qualifications and 
 salaries of judges, the designation of other judges to preside 
 when members of the court are disqualified, the powers, duties, 
 salaries, fees and terms of officers, the mode of carrying cases 
 to the court, the powers, practice, procedure, times of sitting, 
 and costs of the court, the publication of reports of cases decided 
 therein, and in all other respects, except as otherwise provided 
 in this Constitution or by the laws as to the Court of Appeals 
 at the time of the ratification of this amendment, and until 
 otherwise provided by law, shall apply to the Court of Appeals 
 so far as they can be made to apply. The decisions of the 
 Supreme Court shall bind the Court of Appeals as precedents." 
 SEC. 2. Be it further enacted by the authority aforesaid, 
 That whenever the above proposed amendment to the Constitu- 
 tion, of this State shall be agreed to by two-thirds of the mem- 
 bers elected to each of the Houses of the General Assembly, 
 and the same has been entered upon their journals, with the 
 yeas and nays taken thereon, the Governor shall and he is hereby 
 authorized and instructed to cause the above proposed amend- 
 ment to be published in one or more newspapers in each con- 
 gressional district in this State for the period of two months
 
 684 PRACTICE IN SUPREME COUKT 
 
 next preceding the time of holding the next general election; 
 and the Governor is hereby authorized and directed to provide 
 for the submission of the amendment proposed for ratification 
 or rejection to the electors of this State, at the next general 
 election to be held after said publication, at which election 
 every person shall be qualified to vote who is entitled to vote 
 for members of the General Assembly. All persons voting 
 at such election in favor of adopting the said proposed amend- 
 ment shall have written or printed on their ballots the words, 
 "For amendment to the Constitution, altering the Appellate 
 Court System of the State of Georgia." All persons opposed 
 to the adoption of said" amendment, shall have written or 
 printed on their ballots the words, "Against the amendment 
 to the Constitution, altering the Appellate Court System of 
 the State of Georgia." If a majority of the "electors qualified 
 to vote for members of the General Assembly, voting thereon, 
 shall vote for ratification, the Governor shall, when he ascer- 
 tains the same from the Secretary of State, to whom the returns 
 from said election shall be referred in the same manner as in 
 cases of election for members of the General Assembly, to count 
 and ascertain the result, issue his proclamation for one insertion 
 in one daily paper of the State, announcing such result and 
 declaring the amendment ratified. 
 
 CERTIORARI RULES or SUPREME COURT OF GEORGIA. 
 (Adopted December 18, 1916.) 
 
 RULE 1. No decision of the Court of Appeals w T ill be re- 
 viewed by certiorari unless the applicant give written notice to 
 the clerk of the Court of Appeals within ten days after the 
 filing of the judgment of his intention to apply to the Supreme 
 Court for a w r rit of certiorari, nor unless such application for 
 certiorari be filed with the clerk of the Supreme Court within 
 thirty days from the filing of the judgment in the Court of 
 Appeals. 
 
 RULE 2. Where an application is submitted to this court for 
 a writ of certiorari to review a decision of the Court of Appeals, 
 the petitioner must furnish as an exhibit to the petition a certi- 
 fied copy of the entire record of the case in the Court of Appeals, 
 or, in lieu thereof, a copy of such record omitting the evidence 
 if the evidence is not deemed necessary by the applicant. In
 
 PRACTICK IN SIIMJK.MK COURT 685 
 
 cither event the transcript shall contain a copy of the judgment 
 and of the opinion or opinions of the Court of Appeals. If this 
 court shall be of the opinion that the evidence is necessary for 
 a determination of the question raised in the petition, the appli- 
 cant will he required to furnish a certified copy of the evidence, 
 and on his failure to comply with the order of this court in this 
 respect the writ will be denied. The petition shall contain a 
 succinct abstract and statement of the matter involved, and the 
 specific reason or reasons relied on for the allowance of the writ. 
 A failure to comply with this provision will be deemed a suffi- 
 cient reason for denying the-petition. Notice of the date of the 
 filing of the petition, together with a copy of the petition, and 
 brief, if any, in support of the same, shall be served on counsel 
 for the respondent within three days after such date; the brief 
 for respondent, if any, shall be filed within five days of such 
 service. Oral argument will not be permitted on such petition. 
 
 RULE 3. All applications for a writ of certiorari to the Court 
 of Appeals must be filed with the clerk of the Supreme Court 
 and shall be by him submitted to the court on the tenth day 
 after such filing. The clerk of the Supreme Court shall give 
 notice to the clerk of the Court of Appeals of the filing of all 
 applications for the writ of certiorari. 
 
 RULE 4. Applications for certiorari shall be docketed as 
 other cases. The costs in such cases shall be ten dollars and 
 shall be paid to the clerk on the filing of the application for 
 certiorari. On failure to pay the costs, the clerk shall not file 
 the application. 
 
 BILL OF EXCEPTIONS, WHERE MOTION FOR NEW TRIAL FILED. 
 
 6142. 
 
 Georgia, County. 
 
 Be it remembered that on the day of , 
 
 19. . . ., at the regular term of the city court 
 
 of .'..'., before the Honorable , judge, 
 
 presiding, there came on to be tried the case of 
 
 against , the same being Said 
 
 suit was filed on the day of , 19. ... Said 
 
 petition was amended on day of , 19. ... 
 
 During the trial of said case as aforesaid, to wit, on the 
 
 day of , 19. . . ., the plaintiff tendered another 
 
 amendment to the petition in said case [state enough to identify
 
 686 PRACTICE IN SUPREME COURT 
 
 the amendment] . On the day of , 
 
 the plaintiff then and there entered an amendment to which 
 defendant objected, which said objections were overruled, and 
 the defendant filed his exceptions pendente lite thereto, which 
 were certified by the judge, allowed and made a part of the 
 record, the exceptions therein being stated, and upon which 
 plaintiff in error then and there excepted, and now excepts, and 
 assigns error thereon as being contrary to, law, and says that the 
 judge should have sustained the objections upon each and all 
 the grounds therein assigned. 
 
 Defendant then tendered the plea of the statute of limitation 
 which was on the objection of the plaintiff disallowed by order 
 
 of the -court dated the day of , 19 . . . . , 
 
 which fully appears in the pendente lite exceptions filed to the 
 judgment of the court overruling said motion to dismiss said 
 case. After said amendment was filed the defendant within the 
 time provided by law tendered a bill of exceptions pendente lite 
 
 and the same was certified and filed on the day 
 
 of , 19. . . ., and the defendant excepted, and now 
 
 excepts, and assigns error on the pendente lite bill of exceptions, 
 and says that the court erred in not dismissing said case when 
 so amended on the grounds that the same set forth no cause of 
 action. 
 
 To the judgment of the court allowing said amendment on 
 
 the day of , 19. . . ., the defendant likewise 
 
 filed exceptions pendente lite, and now assigns error thereon, 
 and says that the court erred in allowing 'said amendment on 
 all of the grounds of objection thereto made at the time said 
 amendment was offered and before it was allowed and filed, as 
 fully appears in the exceptions pendente lite of record. 
 
 To the ruling and judgment of the court rejecting defendant's 
 said plea of the statute of limitations defendant likewise filed 
 its bill of exceptions pendente lite as appears on record, and now 
 assigns error on the ruling and judgment, and says that the 
 court erred in rejecting and disallowing the plea of the statute 
 of limitations on each and all of the grounds taken in said ex- 
 ception pendente lite of record. 
 
 The bill of exceptions pendente lite and ruling and judgment 
 of the court allowing said amendment and rejecting said plea of 
 the statute of limitations was duly allowed and certified and 
 
 made a part of the record by order of the court, dated the 
 
 day of , 19. . . ., and the same was duly filed on 
 
 the same date.
 
 PRACTICE TN SUPREME COURT C87 
 
 Said case proceeded to verdict and judgment in favor of the 
 
 plaintiff at term, 19 . . . . , for the sum of 
 
 dollars, and thereafter motion for new trial was made in regular 
 course and was granted by the court. 
 
 Said case came on for second trial thereof on the day 
 
 of , 19. . . ., in the court of said 
 
 county, the Honorable , judge, then and there 
 
 presiding. A jury was stricken, evidence was introduced for 
 plaintiff and defendant, and after argument of counsel and the 
 charge of the court the jury rendered a verdict in favor of the 
 
 plaintiff in the sum of dollars, and judgment was 
 
 duly entered thereon, all this appearing in the record. 
 
 The defendant thereafter in regular course and within the 
 time prescribed by law filed its motion for new trial, with the 
 brief of the evidence duly approved by the court and filed, and 
 the charge of the court properly certified. Said motion came on 
 
 for hearing on the day of , 19 . . . . , and 
 
 during the same term of said court, and the recital of facts in 
 the several grounds of the motion were approved, and the said 
 motion was by the court overruled on each and all of the grounds 
 therein stated. 
 
 To this judgment of the court the defendant excepted, and 
 now excepts, and assigns error thereon as being contrary to law, 
 and says that the court erred in overruling said motion for new 
 trial on each and all of the grounds therein stated. Defendant, 
 
 , names himself herein as plaintiff in error, 
 
 and he names the plaintiff, , as defendant in 
 
 error in this bill of exceptions. The plaintiff in error specifies 
 the following portions of the record in said case as material to 
 a clear understanding of the errors in this bill of exceptions 
 complained of j to wit : 
 
 1. The original petition in said case, filed on the day 
 
 of ,19 
 
 2. The amendment thereto, certified on the day 
 
 of ,19 , and filed on the day of , 
 
 19 
 
 3. The second amendment thereto, filed on the day 
 
 of . . '. , 19. . . ., and the order of the court allowing 
 
 the same. 
 
 4. The third amendment, allowed on the day of 
 
 ,19 , and filed on the day of ,19
 
 688 PRACTICE IN SUPREME COURT 
 
 5. The motion to dismiss said case, filed on the day 
 
 of , 19. . . ., and the order of the court thereon. 
 
 6. The original plea and answer of the defendant, filed on 
 the day of , 19 
 
 7. The plea and answer of the defendant to said case as 
 amended, allowed on the day of , 19 .... 
 
 8. The exceptions pendente lite of the defendant to the order 
 overruling the motion to dismiss said case, certified and filed 
 
 the day of , 19 . . . . , and the certificate and 
 
 order of the judge thereto. 
 
 9. The exceptions pendente lite of the defendant to the 
 
 allowance of the amendment of date the day of , 
 
 19. . . ., and to the judgment disallowing the plea of the statute 
 of limitation with the certificate and order of the judge thereto, 
 
 dated and filed the day of , 19. . . ., all of 
 
 said exceptions being in one bill filed the day 
 
 of ,19 
 
 10. The motion for new trial, filed by defendant on the 
 
 day of , 19 . . . . , with rule nisi and service 
 
 thereon. 
 
 11. The brief of evidence with the order and entries thereon, 
 filed on the day of , 19 .... 
 
 12. The charge of the court with the approval of the judge 
 
 thereon, dated the day of , 19. . . ., and filed 
 
 on the day of , 19. ... 
 
 13. The verdict of the jury rendered in said case on the 
 day of ,19 
 
 14. The judgment of the court on said verdict, dated the 
 day of ,19 
 
 15. The judgment of the court certifying the ground and 
 
 overruling said motion for new trial, dated the . . .day 
 
 of ,19.... 
 
 16. The entries of filing of each and all of the parts of the 
 record above specified to be entered and transmitted in the 
 proper order. 
 
 And now within the time provided by law, on this the 
 
 day of , 19: . . ., and within thirty days of the 
 
 entry of the judgment overruling said motion for new trial 
 comes the plaintiff in error and tenders this his bill of exceptions 
 and prays that the same may be certified as provided by law in
 
 PRACTICE IN SUPREME COURT 689 
 
 order that the errors complained of may be considered and cor- 
 rected by the Supreme Court of Georgia [or the Court of 
 Appeals, as the case may be.] 
 
 Attorneys for Plaintiff in Error. 
 Post office address, 
 , Ga. 
 
 BILL OF EXCEPTIONS ON REFUSAL OF MOTION FOR NEW TRIAL. 
 
 Georgia, County. 
 
 Be it remembered that on the day of , 
 
 19. . . ., there came on to be heard in the superior court of said 
 county, and during the regular term thereof, before the Honora- 
 ble '. , judge of said court, then and there 
 
 presiding, the case of vs , 
 
 the same being an action of complaint then and there in said 
 court pending. 
 
 Both parties having then and there announced ready, and a 
 jury having been stricken in said case, the plaintiff introduced 
 evidence, the defendant introduced evidence, argument was had 
 thereon, and the court charged the jury, after which the jury, 
 having retired and considered said case, returned a verdict in 
 favor of the plaintiff for dollars and costs of suit. 
 
 Be it further remembered, that during the said term of court, 
 and within thirty days from the said trial, the defendant made 
 a motion for a new trial in said case, filed his brief of evidence 
 therein and his amended motion, all of which was approved and 
 certified as true by the said judge, and the said motion for a 
 
 new trial was regularly continued until the day 
 
 of , 19. . . ., at , in vacation, at 
 
 which time the said motion coming on for a hearing before the 
 
 said presiding judge, the Honorable , judge of 
 
 said court, when and whereupon, after argument thereon, the 
 said judge overruled said motion and refused to grant a new 
 trial therein, to which judgment so overruling said motion the 
 defendant then and there excepted, and now excepts, and assigns 
 said ruling and judgment as error, as being contrary to law, and 
 says that the said judge should have granted said motion upon 
 each and all of the grounds therein taken and set out.
 
 690 PRACTICE IN SU-KKMI-; COURT 
 
 names himself herein as plaintiff in error, 
 
 and he names , the plaintiff in the court below, 
 
 as defendant in error in this bill of exceptions. 
 
 Plaintiff in error comes on this the day of , 
 
 19. . . ., and within the time prescribed by law, and presents to 
 
 the Honorable , judge of said court, who 
 
 presided in said case, this his bill of exceptions, and asks that 
 the same be signed and certified in order that the said case may 
 be carried to the Court of Appeals of Georgia, so that the errors 
 herein alleged to have been committed may be considered and 
 corrected. Plaintiff specifies as material to a clear understand- 
 ing of the errors complained of, the following portions of the 
 record, to wit, 
 
 1st. The original petition filed in said case on the day 
 
 of , 19 
 
 2nd. The answer of the defendant thereto filed in said court 
 on the day of . . , 19 .... 
 
 3rd. The verdict of the jury and the judgment rendered 
 thereon as hereinbefore set out. 
 
 4th. The motion for a new trial, together with the amend- 
 ment thereto, order of the judge thereon allowing the same, the 
 acknowledgment of service by the defendant, and the entry of 
 filing thereon. 
 
 5th. The brief of the evidence filed in said case, together 
 with the approval of the judge thereon, making it a part of the 
 record in said case, dated the day of , 19. ... 
 
 6th. The order of the judge overruling said motion for a 
 new trial and refusing to grant a new trial therein, dated the 
 day of ,19 
 
 Plaintiff in error most respectfully submits this his bill of 
 exceptions. 
 
 Attorneys for Plaintiff in Error. 
 Post office address: 
 . Ga. 
 
 CERTIFICATE OF JUDGE. 
 
 I do certify that the foregoing bill of exceptions is true and 
 contains all of the evidence and specifies all of the record ma- 
 terial to a clear understanding of the errors complained of, and 
 the clerk of the superior court of county is hereby
 
 PRACTICE IN SUPREME COURT 691 
 
 directed to make out a complete copy of such portions of the 
 record as are in this bill of exceptions specified, and certify 
 
 them as such, and cause them to be transmitted to the 
 
 term of the Court of Appeals, in order that the errors alleged to 
 have been committed may be considered and corrected. 
 This day of ,,19 
 
 Judge of Superior Court. 
 
 (NOTE: Sometimes a judge of the superior court holds a bill of 
 exceptions beyond the time in which it should be certified. For this 
 reason, it is important that the plan followed in this bill of exceptions 
 should be considered. Therein is set out the date that it was pre- 
 sented to the judge, and if this allegation is therein, that is, "Now comes 
 
 the plaintiff in error on this the day of 
 
 19 and presents this his bill of exceptions, and within the time 
 
 required by law," and the judge signs the certificate to the bill of ex- 
 ceptions, that is an end to the entire matter. Of course, if it is present- 
 ed on that date and that is the true date of presentation, the judge will 
 and should sign it as presented. If this is followed, it will relieve a 
 great deal of trouble in this respect.) 
 
 ACKNOWLEDGMENT OF SERVICE ON BILL OF EXCEPTIONS. 
 
 Due and legal service is hereby acknowledged on the within 
 and foregoing bill of exceptions, copy and all other and further 
 service and notice is hereby waived. 
 
 This day of , , 19 
 
 Attorney for Defendant in Error. 
 
 [NOTE: It is important in getting an acknowledgment to a bill of ex- 
 ceptions, that it should appear for whom the attorneys signing for the 
 defendant in error acknowledged service. It is well to put in the 
 acknowledgment not only that he acknowledged service, for the de- 
 fendant in error, but who the defendants in error are, if there are 
 more than one.] 
 
 BILL OF EXCEPTIONS WITHOUT MOTION FOB NEW TRIAL. 
 
 Georgia, County. 
 
 Plaintiff in Error 
 
 vs. 
 
 Defendant in Error _ 
 
 Supreme Court of Georgia, 
 
 .Term, 19
 
 692 PRACTICE ix SUPREME COURT 
 
 BILL OF EXCEPTIONS. 
 
 Be it remembered : in the case of against 
 
 , returnable to the term, 19 . . . . , 
 
 of the court of , being an action for 
 
 the court, on the day of , 19. . . .^ having 
 
 allowed an amendment to the petition subject to objection, and 
 
 having ordered the same to be filed on the day of 
 
 , 19. . . ., passed an order sustaining the demurrer filed 
 
 by the defendant objecting to certain parts of said amendment. 
 
 To this ruling the plaintiff in error excepted, now excepts, 
 and assigns the same as error upon the ground that it was con- 
 trary to law. 
 
 Afterwards, on the same date, to wit, on the day 
 
 of , 19. . . ., the plaintiff in error presented a 
 
 paper which he requested that the court should allow and order 
 filed as an amendment to the petition. Upon objection of the 
 defendant, the court declined to allow said paper as an amend- 
 ment. A copy of same is hereto attached as a part of this bill 
 .of exceptions, and is marked and entered as "Exhibit A." 
 
 To this refusal of the court to allow said paper, the plaintiff 
 in error excepted, and now excepts, and assigns the same as 
 error upon the ground that said refusal was contrary to law. 
 
 After said rulings, the case went to trial regularly on its 
 merits with submission of evidence and a charge of court, and 
 a verdict was rendered for the defendant and judgment entered 
 thereon on the day of , 19. ... 
 
 Having refused to allow the petition to be amended as above 
 recited, and such rulings being controlling, as plaintiff in error 
 contends, which entered into and affected the further progress 
 and final result of the case, the court erred in permitting said 
 verdict to be rendered and said judgment to be entered. 
 
 To the action of the court in permitting said verdict to be 
 rendered and said judgment to be entered, the plaintiff in error 
 excepted, and now excepts, and assigns the same as error upon 
 the ground that same Was contrary to law, and that the court 
 having refused the petition to be amended, and such refusal as 
 plaintiff in error contends being controlling in effect, the said 
 verdict and judgment could not be and are not a legal termina- 
 tion of the case. 
 
 The plaintiff in error specifics as material to a clear under- 
 standing of the errors complained of the following portions of 
 the record, to wit :
 
 PRACTICE IN Si I-I:KMK COURT 693 
 
 1. The petition [omitting process and service]. 
 
 2. The amendment allowed the. . . .day of , 19. ... 
 
 3. The demurrer to said amendment. 
 
 4. The amendment allowed the. . . .day of , 19 .... 
 
 And now comes plaintiff in error, within the period allowed 
 
 by law, and presents this his bill of exceptions, and prays that 
 the same may be signed and certified in order that the errors 
 complained of may be considered and corrected. 
 This ..day of , 19 
 
 Attorney for Plaintiff in Error. 
 Post office address, 
 , Ga. 
 
 "Exhibit A." 
 
 Attach it and follow with judge's order identifying, as fol- 
 lows : 
 
 IDENTIFICATION OF EXHIBIT BY JUDGE. 
 
 The foregoing "Exhibit A," contained on foregoing pages 
 is hereby identified as a correct copy of the amendment tendered 
 by the plaintiff and rejected by the court as set forth in the bill 
 of exceptions. 
 
 This day of ,19 
 
 Judge. 
 
 [See Lyndon vs. Georgia Railway & Electric Company, 129 Ga. 353 (58 
 S. E'. 1047). 
 
 This was an action for damages for personal injuries to a passenger 
 in a street car, alleging that the railway company was negligent in 
 failing to provide him with a seat so that he was compelled to stand. 
 The amendment complained that plaintiff was not furnished wit! 
 equal accommodations with the other passengers, and being compell 
 to stand holding on to the backs of benches for support he was thereby 
 in a position less able to resist the jerking of the car, than passenger: 
 seated, etc., etc.] 
 
 BILL OF EXCEPTIONS UPON GRANT OF INJUNCTION. 
 
 Georgia, County. 
 
 Be it remembered that on the day of 
 
 19 , there came on to be heard before the Honorable.
 
 694 PRACTICE IN SUPREME COURT 
 
 , Judge of the Superior Court of the 
 
 circuit, of which said county forms a part, the case of 
 
 vs , the same being an application on the part of 
 
 the plaintiff for an injunction against the defendant. 
 
 The defendant having been served and having filed an answer 
 in said case, and both parties having announced ready, the 
 plaintiff introduced evidence in support of his petition, and the 
 defendant introduced evidence to support his answer, and after 
 argument had thereon, the said judge then and there presiding 
 passed an order granting said injunction and enjoining the de- 
 fendant, as prayed in said petition, to which judgment granting 
 said injunction and enjoining the defendant the plaintiff in 
 
 error in this bill of exceptions, , then and. 
 
 there excepted, and now excepts, and assigns the same as error 
 as being contrary to law, and says that the said judge then and 
 there should have refused said injiinction. 
 
 names himself as plaintiff in error, and 
 
 , as defendant in error, in this bill of 
 
 exceptions. 
 
 Plaintiff in error sets out next hereinafter the evidence ad- 
 duced on said hearing, to wit, 
 
 The plaintiff read in evidence the affidavit of John Jones, 
 the material portion of which read as follows: (Here insert 
 the evidence of the witness as he stated it in the affidavit. Set 
 it out fully and at length and set out in this way the evidence 
 from the affidavits of any other witnesses, leaving out the formal 
 parts). 
 
 The defendant, , read in evidence the 
 
 affidavit of , the material parts of which are 
 
 as follows: (Here set out the evidence of the witness and any 
 other evidence that was placed before the court by the defendant. 
 Set the evidence out exact and complete, leaving out the formal 
 parts of affidavits.) 
 
 Plaintiff in error comes now on the day of , 
 
 19. . . ., and presents to his Honor, the Honorable , 
 
 Judge, who presided in said case, this his bill of exceptions, the 
 same being within twenty days from the granting of said injunc- 
 tion and within the time prescribed by law, and asks that the 
 same be signed and certified according to the statute in such case 
 made and provided, in order that said case may be carried to the 
 Supreme Court of Georgia, that the errors therein set out and 
 alleged may be considered and corrected by that court.
 
 PRACTICE IN SUPREME COURT 695 
 
 Plaintiff in error specifies as material to a clear understand- 
 ing of the errors complained of, the following portions of the 
 record, to wit, 
 
 1st. The original petition filed by plaintiff in said case on 
 the day of ,19 
 
 2nd. The answer of the defendant thereto filed in said court 
 on the day of , 19. ... 
 
 3rd. The order and judgment of the court granting said 
 
 injunction, which was made on the day of , 
 
 19.... 
 
 Plaintiff in error most respectfully submits this his bill of 
 exceptions. 
 
 Attorney for Plaintiff in Error. 
 Post office address: 
 , Ga. 
 
 DISMISSAL OF PETITION ON ORAL MOTION. 
 
 Defendant then moved orally to dismiss plaintiff's declara- 
 tion upon the ground that the same failed to set out any cause 
 of action, which motion the court allowed, and dismissed plain- 
 tiff's case, to which ruling sustaining said motion to dismiss 
 plaintiff's declaration and passing said order of dismissal the 
 defendant excepted, and now excepts, and assigns the same aa 
 error, as being contrary to law. 
 
 JUDGE'S CERTIFICATE TO BILL OF EXCEPTIONS. 6145. 
 
 I do certify that the foregoing bill of exceptions is true, and 
 contains [or specifies, as the case may be,] all the evidence, and 
 specifies all of the record material to a clear understanding of 
 
 the errors complained of ; and the clerk of the court 
 
 of county is hereby ordered to make out a com- 
 plete copy of such parts of the record in said case as are in this 
 bill of exceptions specified, and certify the same as such, and 
 
 cause the same to be transmitted to the term of the 
 
 Supreme Court (or Court of Appeals, as the case may be), that 
 the errors alleged to have been committed may be considered 
 and corrected. 
 
 This day of , 19 
 
 'j.'s.c.. ..o.
 
 696 PRACTICE ix SUPREME COURT 
 
 EXCEPTIONS PENDENTE LITE. 6154. 
 
 Georgia, County. 
 
 No. 
 
 vs. 
 
 In Court, 
 
 Tried at Term, 19 
 
 Be it remembered that in said court during said term said 
 
 case came on to be heard before the Honorable , 
 
 Judge of the said Court, then and there presiding, and during 
 the trial of said case and before final judgment therein the 
 question arose 
 
 when and whereupon the said Judge decided that 
 
 , which said decision was averse 
 
 to and against the contentions of , to which 
 
 ruling and decision of the court 
 
 then and there excepted, and now excepts, and assigns said 
 ruling and decision as error as being contrary to^faAv, and as 
 
 said matter does not appear of record, , within 
 
 the time prescribed by law, tenders these exceptions pendente 
 lite, and prays that the same may be certified according to the 
 statute in such case made and provided, to become a part of the 
 record in said case. 
 
 tenders these exceptions on this 
 
 the day of , 19 
 
 \ttorneys for, 
 
 In Superior Court Term, 19. ... 
 
 The foregoing exceptions, being tendered within the time 
 prescribed by law, are hereby allowed and certified to be true, 
 and the clerk of this court is hereby ordered to place the same 
 on the record, and that the same become a part of the record 
 in said case. This day of , 19. ... 
 
 Judge of the Court.
 
 PRACTICE IN STI-KKME COURT <;'.7 
 
 CLERK'S CERTIFICATE TO BILL OF EXCEPTIONS. 6226. 
 
 Georgia, County. 
 
 Clerk's Office, Court of County, 
 
 Ga., the. . .day of , 19. . . 
 
 I do hereby certify that the foregoing pages of printing and 
 writing is the true original bill of exceptions filed in this office 
 
 in the case of , plaintiff in error, vs , 
 
 defendant in error, a copy of which is now of file in my office. 
 
 This day of ,19 
 
 Witness my signature and the seal of said court hereto 
 affixed, the day and year above written. 
 
 [SEAL] Clerk Court County. 
 
 ACKNOWLEDGMENT OF SERVICE. 
 
 Due and legal service of the within bill of exceptions is hereby 
 acknowledged, copy and all other and further notice and service 
 waived. This day of , 19 .... 
 
 Attorneys for , Defendant in Error. 
 
 Postoffice address, , Ga. 
 
 CLERK'S ENTRY OF TIME OF FILING. 
 
 Georgia, County. 
 
 Clerk's Office, Court. 
 
 Filed in office this day of , 19 .... 
 
 "Clerk. 
 
 Amendment of bill of exceptions, adding new assignment of error to 
 motion for new trial can not be made in Supreme Court. 121/135 
 (48 S. E. 904). Adding new parties, 124/165 (52 S. E. 65). Cor- 
 recting misnomer of party. 121/518 (49 S. E. 595). Change of 
 date in judge's certificate not allowed. 127/281 (56 S. E. 453). 
 
 Certification. Bill of exceptions must be positively certified as true. 
 Where certificate is that "foregoing bill of exceptions is approxi- 
 mately true," it will be dismissed. 145/356 (89 S. E'. 333). State- 
 ment that certain exceptions pendente lite were duly certified by 
 court, and duly filed and entered on the minutes of the court, must 
 be accepted as true. 13 App. 148 (1) (78 S. E. 1108). Where bill 
 is duly and regularly certified according to law, additional certifi-
 
 698 PRACTICE IN SUPREME COURT 
 
 cate will be ignored and treated as surplusage. 13 App. 118 (1) (78 
 S. E. 852). Bill will not be dismissed because judge certified that 
 it was "due," instead of "true," this being a clerical error. 13 
 App. 9 (1) (78 S. E. 682). Date of judge's certificate will be pre- 
 sumed to be date on which it was tendered to him, where it does 
 not affirmatively appear, from bill of exceptions or from certificate, 
 that it was tendered on a different date. 16 App. 30 (84 S. E. 486). 
 Certificate that bill of exceptions is true "except that it fails to 
 show," etc., is not sufficient. 18 App. 211 (89 S. E. 162). 
 
 "Et al." Where motion to set aside judgment was filed by two per- 
 sons, and in bill of exceptions to overruling of motion one of 
 plaintiffs in error is named and other is designated merely as 
 "et al.," in absence of motion to amend bill of exceptions writ of 
 error will be treated as having been sued out only by person named, 
 and designation of other party as "et al." will be disregarded. 14 
 App. 257 (1) (80 S. E. 674). 
 
 Record. Bill of exceptions will not be dismissed on ground that too 
 much of record was specified and brought up. 17 App. 49 (86 
 S. E. 91). 
 
 CERTIFICATE OF CLERK TO TRANSCRIPT OF RECORD. 6226. 
 
 Georgia, County. 
 
 Clerk's Office, Court of County. 
 
 I hereby certify that the foregoing pages contain a 
 
 true transcript of such parts of the record as are specified in 
 the bill of exceptions and required by the order of the presiding 
 
 judge to be sent to the Supreme Court in the case of 
 
 , plaintiff in error, vs , 
 
 defendant in error. 
 
 I further certify that the term of said court, at 
 
 which said case was tried, adjourned on the day 
 
 of , 19 .... All of which appears from the records 
 
 and minutes of said court. 
 
 Witness my signature and the seal of said court affixed this 
 the day of , 19 
 
 [SEAL] Clerk Court of. 
 
 SUPERSEDEAS BOND IN ClVTL CASE. 6165 (1). 
 
 Georgia, County. 
 
 }In Superior Court of County, 
 term, 19. ... Motion 
 for a new trial and the same 
 overruled. 
 Whereas, the motion for a new trial in the above named and
 
 PRACTICE IN SUPREME COURT 699 
 
 stated case having been overruled, and , as 
 
 plaintiff in error, having presented to the Honorable , 
 
 Judge of the Superior Court who presided in said case, a bill 
 of exceptions which has been signed and certified, now, on and 
 before the filing of said bill of exceptions with the clerk of the 
 
 Superior Court, comes , the said plaintiff in 
 
 error, as principal, and , as security, and they 
 
 hereby acknowledge themselves jointly and severally bound unto 
 
 , the said defendant in error in said bill of 
 
 exceptions, his heirs and assigns, for the eventual condemnation 
 money in said case and all subsequent costs. Signed with our 
 
 hands and sealed with our seals, this day of , 
 
 19.... 
 
 Principal (L. S.) 
 
 Security (L. S.) 
 
 Executed in the presence of and approved 
 
 by . 
 
 Clerk Superior Court. 
 Now, on and before the filing of the bill of exceptions in the 
 
 case wherein the above bond is made and given, I, , 
 
 clerk of the Superior Court, hereby acknowledge receipt of all 
 the costs that have accrued in said case, and in the case wherein 
 
 said motion for a new .trial was made. This day 
 
 of - , 19.... 
 
 Clerk of Superior Court. 
 
 SUPERSEDEAS BOND IN CRIMINAL CASE. 
 
 Georgia, County. 
 
 Indictment for , in court 
 
 of county. 
 
 The defendant, , having tendered a bill of 
 
 exceptions to the decisions and judgment of the court on the 
 
 trial of the above stated case, now brings as 
 
 his security. And the said , principal, and 
 
 , security, do hereby acknowledge themselves 
 
 held and bound unto His Excellency, , Governor
 
 700 PRACTICE IN SUPREME COURT 
 
 of said State, and his successors in office, in the sum of 
 
 dollars, subject to the following conditions : 
 
 The condition of the above obligation is as follows : 
 
 If the said , defendant, shall be present in 
 
 person, to abide the final order, judgment and sentence of said 
 
 court, in said cause, then this obligation to be void; otherwise 
 
 of force. 
 
 This day of , 19 
 
 , Principal [L. S.] 
 
 , Security [L. S.] 
 
 Executed in the presence of and approved 
 by me, this .... day of , 19 .... 
 
 Clerk Court County. 
 
 PAUPER AFFIDAVIT IN LIEU OF BOND IN CIVIL, CASE. 
 6165 (2). 
 
 vs. 
 
 Georgia, County. 
 
 In Superior Court of 
 
 County, Term, 19 
 
 Motion for a new trial and order 
 
 and judgment overruling the 
 
 same. 
 
 Personally came before the undersigned attesting officer, who 
 
 by law has authority to administer an oath, , 
 
 the subscriber, who, being duly sworn, on oath says that he is 
 the movant in the above named and stated motion which has 
 
 been overruled by the Honorable , Judge of 
 
 the Superior Court, and that he has presented to said Judge 
 and gotten him to certify and sign the bill of exceptions therein, 
 carrying the case to the Court of Appeals of said State, and 
 affiant now, on and before the filing of said bill of exceptions 
 therein, makes and files this his affidavit for the purpose of 
 obtaining a supersedeas in said case, and on oath says that he 
 is unable from his poverty to pay the costs or give the security 
 for the eventual condemnation money in said case, and that his
 
 PKACTICE IN SUPREME COUET 701 
 
 counsel has advised him that he has good cause for a writ of 
 error. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Clerk Superior Court. 
 
 SUPEESEDEAS. 
 
 (State the case.) 
 Georgia, County. 
 
 To the Clerk of the Court, and the Sheriff of 
 
 County : 
 
 The defendant having tendered a bill of exceptions, in the 
 above stated cause, which has been allowed and signed; there- 
 fore, we command you that you wholly cease from any further 
 proceedings whatsoever in relation to said cause, until further 
 orders. 
 
 Given under my hand and official signature, this day 
 
 of ,19.... 
 
 Judge Court County. 
 
 JUDGMENT ON REMITTITUE. 
 
 r In the Superior Court, 
 
 County, Term, 19 
 
 The above named and stated case having been carried to the 
 Supreme Court by a writ of error, and after a hearing therein, 
 the judgment of this court having been affirmed, it is considered, 
 ordered and adjudged that the judgment of the Supreme Court 
 be made the judgment of this court, and that the judgment of 
 this court stand affirmed, and judgment is hereby rendered on 
 
 the supersedeas bond against , principal, and 
 
 , security, for dollars, principal, 
 
 and dollars, interest to judgment, with interest
 
 702 PRINCIPAL AND AGENT 
 
 on the principal from this date, at per cent, per 'annum, 
 
 and dollars, costs. Let execution issue accord- 
 ingly. This day of , 19. ... 
 
 Judge Superior Court. 
 
 PKINCIPAL AND AGENT. 3569-3614. 
 
 POWER OF ATTORNEY. 
 
 Georgia, County. 
 
 Know all men by these presents : That I, , 
 
 have constituted, made and appointed, and by these presents do 
 
 make, constitute and appoint , of said State 
 
 and county, my true and lawful attorney in fact, for me in my 
 name, place and stead, to (set out fully and explicitly the thing 
 
 intended to be done), giving and granting unto , 
 
 said attorney, full and complete power and authority in and 
 about the premises; and generally to do and perform all and 
 every act and acts, thing and things, device and devices, in the 
 law whatsoever needful and necessary to be done in and about 
 
 the premises, and for and in 
 
 name to do, execute and perform, as largely and amply, to all 
 
 intents and purposes, as might or could do if 
 
 were personally present hereby ratifying and con- 
 firming all that , said attorney, or substitute 
 
 shall lawfully do by virtue hereof. 
 
 In witness whereof I have hereunto set my hand and seal 
 
 the day of , 19 
 
 [SEAL] 
 
 Signed, sealed and delivered in the pres- 
 ence of 
 
 J. P. 
 
 Amendment of declaration by striking "agent" after defendant's name. 
 
 1 App. 265 (57 S. E. 916). 
 Contract by one signing as agent, without more, is his individual 
 
 undertaking. 1 App. 265 (57 S. E. 916); 145/323 (89 S. E 1 . 218). 
 
 Contract made by agent, prima facie binding on principal, though 
 
 signed in individual name of agent. 127/109 (56 S. E. 106).
 
 PROCESS AND SERVICE 703 
 
 Descriptio personae, "as agent of," etc. 122/423 (50 S. E. 119); 
 
 127/438 (56 S. E. 631). 
 Note signed by agent with his name alone, "agent" added, is his, not 
 
 principal's obligation: rule and exception. 127/438 (56 S. E. 631). 
 
 PROCESS AND SERVICE. 5551-5573. 
 
 PROCESS. 5552. 
 
 Georgia, County. 
 
 vs. 
 
 > Complaint. 
 
 To the Sheriff of said County, or his Deputy, Greeting: 
 
 The defendant, , is hereby required, per- 
 son ally or by attorney, to be and appear at the court, 
 
 to be held in and for said county, on the first Monday in 
 
 , 19 . . . . , then and there to answer the plaintiff's 
 
 complaint, to which this process is annexed, as in default thereof 
 said court will proceed, as to justice shall appertain. 
 
 Witness the honorable , judge of said court, 
 
 this day of ,19 
 
 , Clerk. 
 
 ENTRY OF SERVICE PERSONAL. 5563. 
 
 Georgia, County. 
 
 I have this day served the defendant, 
 
 personally with a copy of the within petition and process. 
 
 This..' day of , 19 
 
 Deputy Sheriff. 
 
 ENTRY or SERVICE BY LEAVING COPY. 
 
 Georgia, County. 
 
 I have this day served the defendant, , by
 
 704 PROCESS AND SERVICE 
 
 leaving a copy of the within writ and process at his residence. 
 This day of , 19 
 
 Sheriff. 
 
 SERVICE ON CORPORATION. 2258-2261. 
 
 Georgia, County. 
 
 Served the defendant, , a corporation, 
 
 by serving personally , the president of said 
 
 corporation, with a true copy of the within writ and process 
 this day of , 19. ... 
 
 Sheriff. 
 OK 
 
 Georgia, County. 
 
 Served the defendant, . . . , a corporation, 
 
 by leaving a true copy of the within writ and process at the 
 place of transacting the usual and ordinary public business of 
 said corporation, in county, Georgia. 
 
 This. day of , 19 
 
 Sheriff. 
 
 ENTRY OF SERVICE ON MINOR. 5565. 
 
 Georgia, . County. 
 
 I have this day served the defendant, , a 
 
 minor, Avith a copy of the within petition and process by deliver- 
 ing said copy to said minor personally. 
 
 This ,day of , 19 
 
 . Sheriff. 
 
 GUARDIAN AD LITEM, ORDER APPOINTING. 5565. 
 
 It appearing to the court that a minor, has 
 
 been personally served with a copy of the petition and process 
 in the above stated case, and that he has no regular guardian,
 
 PROCESS AXD SERVICE 705 
 
 it is ordered that .................... be, and he is, hereby 
 
 appointed guardian ad litcm for said minor in said case. 
 This ...... day of ............ , 19 ____ 
 
 J.S.C. 
 
 AGREEMENT or GUARDIAN AD LITEM TO SERVE. 5565. 
 
 I, , hereby agree to serve as guardian ad 
 
 litem for , pursuant to the foregoing appoint- 
 ment. This day of , 19. ... 
 
 ORDER FOR SERVICE BY PUBLICATION. 5554. 
 
 It appearing to the court that , the 
 
 defendant named in the foregoing petition, resides out of the 
 State of Georgia, and it is necessary to perfect service on him by 
 publication, it is ordered that service be perfected by publica- 
 tion twice a month for two months in the paper in which the 
 sheriff's advertisements are printed. 
 
 This day of , 19 
 
 'j.'s'c.'. ..d 
 
 CITATION BY CLERK. 
 
 ) In the Superior Court of 
 
 vs. County, Term, 19 .... 
 
 \ Petition for equitable relief. 
 
 To , defendant : 
 
 You are hereby commanded . to be and appear at the next 
 term of the Superior Court of said county, to be held on the 
 
 Monday in , 19 , and make 
 
 your answer in the above named and stated case, as required by 
 the order of said court. 
 
 Witness the Honorable , Judge of the 
 
 Superior Court, this day of , 19. ... 
 
 f . . 
 
 Clerk of Superior Court.
 
 706 PROCESSIONING 
 
 Acknowledgment of service may be made before declaration or petition 
 is filed; where issue of second original and process is waived, not 
 necessary that acknowledgment of service be written upon second 
 original. 17 App. 578 (87 S. EL 842). 
 
 Amendment of entry of service showing that officer had served G. per- 
 sonally with a copy, etc., so as to show that service was on the S. 
 Lumber Company by serving G., the general manager, was not 
 error. 140/569 (79 S. E. 462). See 13 App. 14 (78 S. E. 687). An 
 irregularity in the direction of the process of a suit is amendable. 
 18 App. 448 (89 S. E. 536). Amendment allowed here in order to 
 remove equivocal features and give symmetry to the record. 
 143/490 (85 S. E. 705). Where return of service is merely ir- 
 regular or incomplete, it is amendable and should be treated merely 
 as defective proof of service. 16 App. 783 (86 S. E. 464). 
 
 Definition. Process, in broad sense, includes means whereby court 
 
 compels appearance of defendant before it or compliance with its 
 
 demands, and in fact includes any and every writ, rule, order, 
 
 notice, or decree that may issue in or upon any action, suit, or 
 
 legal proceeding. 15 App. 329, 331 (83 S. E 1 . 198). 
 
 Dismissal. Where numerous defendants appeared and answered, the 
 court properly refused to dismiss the entire suit because process 
 was defective. 143/224 (84 S. E. 547). 
 
 Return. Where service is denied, officer's return must be traversed 
 and officer made a party. 16 App. 448, 449 (85 S. E. 613). 
 
 Service. Defendant is not bound by judgment, where he has not been 
 served with process directed to him, unless he has by express or 
 implied waiver dispensed with necessity for process. 16 App. 574 
 (85 S. E. 819). Omission of word "usual" from entry as to service 
 by leaving copy at defendant's "most notorious place of abode," 
 was not fatal, though used in statute governing service. 17 App. 
 409 (87 S. E. 147). Statute should be construed to require per- 
 sonal service, unless contrary in intention plainly appears. 
 123/319 (51 S. E. 416). 
 
 Signature of clerk's assistant, not his deputy, irregular, not void. 
 126/132 (54 S. E, 959). 
 
 PROCESSIONING. 3817-3826. 
 
 PETITION. 3818. 
 
 Georgia, County, 
 
 To , , and , 
 
 Processioners of the District of said County : 
 
 The petition of shows that he is the owner 
 
 of lot of land, No in the district 
 
 and section of said county, 'and in the 
 
 militia district of said county, and that the line on the west of 
 
 said lot between petitioner and , who is the 
 
 adjoining land owner, is in dispute, and that the line on the
 
 PROCESSIONING 707 
 
 north side of said lot between petitioner and , 
 
 the adjoining landowner, is in dispute, and petitioner asks that 
 said disputed line be surveyed and marked anew by you as 
 processioners with the county surveyor. Petitioner says that 
 
 and , adjoining landowners, 
 
 are residents of said county and State. Petitioner asks that 
 you fix a day to trace and mark said lines after the giving of 
 ten days' notice, as required by law, to said adjoining land- 
 owners. 
 
 Petitioner. 
 
 NOTICE TO ADJOINING LANDOWNERS. 3818. 
 
 Georgia, County. 
 
 To and , residents of Georgia : 
 
 The petition of filed with us shows to us 
 
 that he is the owner of lot of land, No. . * in 
 
 the district and section of said 
 
 county, and lying in the militia district of said 
 
 county, and that you are the adjoining landowners thereto and 
 that the lines around said lot of land on the west and north are 
 in dispute, and asks us as processioners with the county surveyor 
 to trace and mark said lines anew. You will take notice that 
 we, or a majority of us, with the county surveyor, will proceed 
 to trace and mark anew said lines as prayed for in said petition 
 
 on the day of , 19. . . ., at. . . .o'clock, A. M. 
 
 This day of , 19 
 
 Commissioners. 
 
 AFFIDAVIT OF SERVICE. 
 
 Georgia, County. 
 
 Before me, , an officer authorized to 
 
 administer an oath, personally came , who, 
 
 being duly sworn, on oath says that on the day of 
 
 , 19 . . . . , he served and
 
 708 PROCESSIONING 
 
 each personally with a notice, a copy of 
 
 which is hereto attached. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 v 
 
 ' ,J.P. 
 
 RETURN OF PROCESSIONERS. 3825. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The undersigned processioners for the district, 
 
 G. M., of said county, having been applied to by , 
 
 the owner of lot of land, ~No in the district 
 
 and section of said county, to trace and mark 
 
 anew the lines on the west and north sides of said lot of land, 
 
 did appoint the day of , at ten o'clock, 
 
 A. M., 19. . . ., as the time to trace and mark said lines pur- 
 suant to law, and then and there it being made to appear that 
 ten days' written notice of the time and place had been given to 
 
 and , the adjoining landowners 
 
 on the west and north of said lot of land, each on the 
 
 day of , 19. . ., at ten o'clock, A. M., with the county 
 
 surveyor did proceed to trace and mark anew said disputed 
 lines, and as our finding and return, we hereto attach a plat 
 made by said surveyor and duly certified, which properly repre- 
 sents the service made and the lines traced and marked anew by 
 us and said surveyor. This the day of , 19. ... 
 
 Commissioners. 
 (Hereto attach the "plat made by the surveyor.) 
 
 CERTIFICATE OF SURVEYOR. 
 
 Georgia, County. 
 
 I, , county surveyor of said county, do 
 
 certify that the plat hereto attached correctly represents the 
 
 survey of the lands of } and the courses and 
 
 distances of the lines marked by processioners of the
 
 PROCESSIONING 709 
 
 district, G. M., of the said county under my service made on 
 
 the day of , 19. . . ., which is referred to 
 
 in the return of the processioners. 
 
 Witness my hand and official signature, this the day 
 
 of , 19 
 
 County Surveyor. 
 
 PROTEST TO RETURN OF PROCESSIONERS. 3823. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 Comes now on this fhe day 
 
 of '. , 19 . . . . , and states as true the following facts : 
 
 That on the day of ,19 , ,, 
 
 , and , processioners of 
 
 the district, G. M., of said county, after having 
 
 given me, as an adjoining landowner, ten days' notice in writing 
 of their intention, as such processioners with the county surveyor, 
 to trace and mark anew the line on the west. side of lot of land, 
 
 No , in the district and 
 
 section of said county, owned by , and upon 
 
 his application proceeded to trace and mark anew said line on 
 said west side of said lot of land, I being the adjoining land- 
 owner thereto, traced and marked said line by starting at a stone 
 corner in the southwest corner, and they traced and marked a 
 straight line from said point to a certain stone corner at the 
 northwest corner of said lot of land, and I, as such adjoining 
 landowner, file this my protest to said line, and say that the 
 same is not the right and true line between said lot of land and 
 my adjoining land on the west, for the reason that there is a 
 fence one rod to the east of said southwest corner from which 
 said processioning started said line so traced and marked anew, 
 and that said fence runs due north one rod to the east of said line 
 so traced to a point on the north side one rod east of the stone 
 corner which said processioners have made as the north end of 
 said line between said lot of land and my adjoining land, and 
 this protestant shows that the said one rod of land to the east 
 of said line so traced and marked anew extending across said 
 lot of land has been in the open, actual, notorious and exclusive 
 possession of this protestant for more than seven years previous 
 tc the marking and tracing of said line and has been cultivated
 
 710 PROMISSORY NOTES, ETC. 
 
 by this protestant up to said fence during said time, and that 
 said fence is the true line between the said lot of land and the 
 adjoining lands on the west owned by protestant, and this pro- 
 testant shows that the said processioners with the county sur- 
 veyor took no notice of, nor had any regard in the marking and 
 tracing of said line anew for this protestant's possession and 
 .rights as hereinbefore set .out. This protestant protests the 
 return of the commissioners, and files this his protest thereto, 
 and said line as traced and marked anew by the processioners 
 with the county surveyor. 
 
 Now, on the above named day and date, and within thirty 
 days from the time of the filing of the same with the Ordinary, 
 he files this protest with the Ordinary and prays that the same, 
 together with the proceedings in said matter, be returned to the 
 Clerk of the Superior Court by your Honor, and that such other 
 and further proceedings be had in the matter as are in con- 
 formity with the law. This the day of , 19. .. 
 
 Protestant. 
 
 Georgia, County. 
 
 The above and foregoing protest filed with me this day 
 
 of ,19 
 
 Ordinary. 
 
 Office of Clerk of Superior Court. 
 
 The within protest, together with the other proceedings in 
 said matter, having been delivered to me by the Ordinary, are 
 filed in my office this day of , 19. ... 
 
 Clerk of Superior Court. 
 
 PKOMISSORY NOTES AND BILLS OF EXCHANGE. 
 
 4269-4294 (b). 
 
 COMPLAINT IN THE SUPERIOR COURT OR CITY COURT ON 
 PROMISSORY NOTE PROVIDING FOR ATTOE>:^Y'S EEES. 
 
 Georgia, County. 
 
 To the Superior Court of said County : 
 
 The petition of John Doe, as plaintiff, against Richard Roe, 
 as defendant, alleges:
 
 PROMISSORY NOTES, ETC. 711 
 
 1st. That John Doe is a resident of said county. 
 
 2nd. That on the day of , 19 . . . . , the 
 
 defendant made to plaintiff a certain promissory note for the 
 
 sum of. dollars, with interest from date at 
 
 per cent, per annum, which said note contained a provision that 
 if said note was collected by suit or placed in the hands of an 
 
 attorney for collection, the defendant would pay per cent. 
 
 attorney's fees, together with said principal and interest, a copy 
 of which said note is hereto attached, and marked "Exhibit A." 
 
 3rd. That on the day of , 19 . 
 
 plaintiff served defendant personally with a notice in writing 
 that it was his intention to bring suit on said note to the ...... 
 
 term, 19. . . . , of superior court, and that unless 
 
 the defendant paid said note on or before the return day of 
 
 said court, which was on the day of , 19 . . . , 
 
 that in such event he would claim the attorney's fees as expressed 
 in said note, a copy of which said notice is hereto attached, and 
 marked "Exhibit B," and that the defendant has failed and 
 refused to pay said note or 'any part thereof. 
 
 Wherefore, plaintiff prays that process may issue requiring 
 the defendant to be and appear at the next term of the superior 
 court of said county to answer your petitioner's complaint. 
 
 Plaintiff's Attorney. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, John 
 Doe, plaintiff in petition hereinbefore set out, and who, being 
 duly sworn, on oath says that the facts stated in said petition 
 are true, to the best of his knowledge and belief. 
 
 JOHN DOE. 
 
 Sworn to and subscribed before me, this 
 the day of , 19. ... 
 
 Clerk Superior Court. 
 
 "EXHIBIT A." 
 
 $ ,19.... 
 
 ,19....,! promise to pay to the order 
 
 of , dollars, for value received, 
 
 with interest at per cent, per annum, from date, until 
 
 paid. And each of us, whether maker, security or endorser on
 
 712 PROMISSORY NOTES, ETC. 
 
 this note, hereby waives and renounces, for himself and family, 
 any and all homestead and exemption rights to which he or they 
 may, in any event be entitled, under any provisions of the con- 
 stitution or laws, State or federal; and each further waives 
 demand, protest and non-payment. And in case this note has 
 to be collected by suit, or placed in the hands of an attorney 
 for collection, I agree to pay all costs of collection, including ten 
 per cent, attorney's fees. 
 Witness my hand and seal. 
 
 RICHARD ROE. (L. S.) 
 
 (NOTE: It has been the practice where a note has been sued upon, 
 with notice given for attorney's fees, to file simply general denial. 
 Where there is no affidavit to the petition this can be done, and it car- 
 ries the case over if it is regularly placed on the trial calendar. By 
 making the affidavit as made to this petition, any answer or plea the 
 defendant makes must be sworn to. See Code, 5543. , 
 
 As to proof of the service of the notice given of intention to sue and 
 proof of the service of the same by manifold copy, see Savannah Bank- 
 ing and Trust Company v. Purvis, 6 App. 275 (6) (65 S. E. 35), which 
 reads : 
 
 "Where notices are executed in duplicate or otherwise in manifold 
 and one or more of the copies are served while another is retained, the 
 copy so retained is admissible as primary evidence upon an issue as to 
 the service of the notice notwithstanding the production of the copies 
 served has not been called for by a notice to produce or otherwise.") 
 
 MANIFOLD COPY OF NOTICE FOR ATTORNEY'S FEES. 4252. 
 
 "EXHIBIT B." 
 
 Georgia, County. 
 
 To Richard Roe : 
 
 You are hereby notified that I am the holder of the note made 
 
 by you to me on the day of , 19 . . . . , for 
 
 the sum of dollars, with interest from date at 
 
 per cent, per annum, wherein there is a provision that 
 
 if said note has to be collected by suit, or placed in the hands 
 of an attorney for collection, you are obligated to pay a further 
 
 sum of per cent, as attorney's fees, said note 
 
 being due , 19. . . ., and it is my intention to 
 
 bring suit on said note to the term, 19. . . ., of 
 
 superior court, and that unless you pay the said 
 
 note on or before the return day of said term, of said court,
 
 PROMISSORY NOTES, ETC. 713 
 
 which is on the day of , 19 . . . . , that I will 
 
 claim in said suit the attorney's fees as expressed in said note. 
 
 This day of ,19 
 
 JOHN DOE. 
 
 PLEA OF NON EST FACTUAL 4295. 
 
 (State the case.) 
 
 And now comes the defendant in the above-stated case at this 
 the appearance term of said case, and for plea says that the 
 note (or other instrument in writing sued on, as the case may 
 be) sued on in the above-stated case, was never made, signed, 
 nor executed by him, nor by any other person by him so author- 
 ized to do, and the same is not his act or deed. And of this he 
 puts himself upon the country. 
 
 Defendant. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally before me, the undersigned, an officer authorized 
 
 to administer oaths, came , who on oath says 
 
 that the statements contained in the foregoing plea are true. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 (NOTE: The denial must be on oath and filed at the first term after 
 service perfected. 4295.) 
 
 PROMISSORY jSToTE WITH WAIVER OF HOMESTEAD. 
 
 <fc 19 
 
 P > A.' ... 
 
 after date, promise to pay to the 
 
 order of , dollars, at , 
 
 for value received. 
 
 With interest after maturity until paid at per cent. 
 
 per annum, with all costs of collection, including ten per cent.
 
 714 PROMISSORY NOTES, ETC. 
 
 as attorney's fees, if collected by law or through an attorney at 
 law. Each of us, whether principal, security, guarantor, en- 
 dorser, or other party hereto, hereby severally waives and 
 renounces each for himself and family, any and all homestead 
 and exemption rights either of us, or the family of either of us, 
 may have under or by virtue of the Constitution or laws of 
 Georgia, any other State, or the United States, as against this 
 debt or any renewals thereof, and each further waives demand, 
 protest, and notice of demand, protest and non-payment. Given 
 under the hand and seal of each party. 
 
 [L. S.] 
 
 '[L. S.] 
 
 Due.. 
 
 REAL, ESTATE COUPON NOTE. 
 
 No. 
 
 On the day of , for value received, .... 
 
 promise to pay , or order, 
 
 dollars, in gold coin of the United States of the present standard 
 of weight and fineness, or its equivalent, with interest from date, 
 
 in gold coin aforesaid, at the rate of per cent, per annum 
 
 until paid. 
 
 And if this note is not paid at maturity and is put into the 
 hands of a lawyer for collection, I agree to pay ten per cent, in 
 addition to the principal and interest as attorney's fees. 
 
 For the interest accruing before maturity, coupons dated this 
 day are hereto attached, payable 
 
 This note is given for the repayment of a loan made to under- 
 signed by said , which is secured by deed, of 
 
 even date, to certain land situated, lying and being in , 
 
 this note being made pursuant to terms and conditions of said 
 deed. 
 
 hereby agree to keep all buildings on the 
 
 property this day deeded to secure this note, insured for the 
 
 sum of at least $ in some responsible insurance 
 
 company, acceptable to payee, with loss, if any, payable to 
 
 , as interest may appear at time of 
 
 loss 
 
 It is expressly agreed that time is of the essence of this con-
 
 PROMISSORY NOTES, ETC. 715 
 
 tract, and therefore that if either of said interest coupons should 
 not be promptly paid at its maturity, or should any tax or assess- 
 ment accruing against said property become delinquent or liable 
 to have execution issued therefor, or should the insurance above 
 
 contracted to be maintained be allowed to lapse , 
 
 then, and in that event, said principal sum, together with all 
 arrearages of interest thereon, shall at once become due and 
 collectable at law, at the option of the holder thereof. And each 
 of us, whether surety, guarantor, endorser or other party hereto, 
 severally waives and renounces each for himself and family, any 
 and all homestead or exemption rights which each or either of 
 us, or the family of either of us, may have by virtue of the 
 Constitution or laws of the State of Georgia or any other State 
 or the United States, as against this debt or any part thereof, 
 or any renewal thereof. 
 
 Witness hand . . and seal . . 
 
 [SEAL.] 
 
 [SEAL.] 
 
 COUPON. 
 
 $ ,19.... 
 
 On the day of , 19 . . . . , I promise to 
 
 pay to the order of , dollars, 
 
 at , with interest at the rate of eight per cent. 
 
 per annum after maturity, being the interest due on that day 
 on the promissory note hereto attached, of even date herewith, 
 for $ , subject to all the conditions of said note. 
 
 No. 
 
 PROMISSORY NOTE WITH WAIVER OF HOMESTEAD EXEMPTION. 
 
 $ , 19.... 
 
 after date, T promise to pay , 
 
 or order, dollars for value received, with interest 
 
 from at the rate of per cent, per annum, 
 
 with all costs of collection, including ten per cent, on principal 
 and interest as attorney's fees. And each of us, whether prin- 
 cipal, security, guarantor, endorser or other party hereto, do
 
 716 PROMISSORY NOTES, ETC. 
 
 hereby waive and renounce for self and family all right and 
 benefit of the homestead exemption provided for by the Consti- 
 tution and laws of Georgia. 
 Witness my hand and seal. 
 
 [L. S.] 
 
 No.: 
 
 GOLD COIN NOTE. 
 
 $ , Ga., , 19 
 
 months after date, promise to pay to 
 
 the order of , dollars, in gold 
 
 coin of the United States, or its equivalent, for value received 
 
 With interest after until paid at per cent. 
 
 per annum, with all costs of collection, including ten per cent, 
 as attorney's fees, if collected by law or through an attorney 
 at law. Each of us, whether principal, security, guarantor, 
 endorser, or other party hereto, hereby severally waives and 
 renounces each for himself and family, any and all homestead 
 of exemption rights either of us, or the family of either of us, 
 may have under or by virtue of the Constitution or laws of 
 Georgia, or any other State or the United States, as against this 
 debt or any renewal thereof; and each further waives demand, 
 protest and notice of demand, protest and non-payment. It is 
 also expressly agreed and understood if this note is not paid 
 when due, and shall remain unpaid, or any part of it remain 
 unpaid, for thirty days thereafter, that all other notes out- 
 standing, bearing even date with these presents, and given for 
 the same intent and purpose as this note, shall, at the option of 
 the holder, become due and collectable time being the essence 
 of this contract. 
 
 [Seal.] 
 
 [Seal.] 
 
 Due.. 
 
 PURCHASE MONEY NOTE UNDER BOND FOR. TITLES. 
 
 $ , 19.... 
 
 On or before months after date, promise 
 
 to pay , or order, dollars, 
 
 in , value received, being part of purchase money
 
 PROMISSORY NOTES, ETC. 717 
 
 for , as per bond for titles this day given, 
 
 with interest from date, at the rate of per cent, per 
 
 annum until paid, and all costs of collection, including ten per 
 cent, attorney's fees. 
 
 And each of us, whether maker or endorser, hereby severally 
 waives and renounces, for himself and family, any right to the 
 benefit of the homestead exemptions provided for by the Consti- 
 tution and laws of the State of Georgia, or United States, as 
 against this note. It is also expressly agreed and understood 
 that if this note is not paid when due, and shall remain unpaid, 
 or any part of it remain unpaid, for ninety days thereafter, that 
 all our other notes outstanding, bearing even date with these 
 presents, and given for the same intent and purpose as this note, 
 shall at the option of the holder become due and collectable 
 time being of the essence of this contract. 
 
 Given under the hand and seal' of each party. 
 
 .,.' '. . . [SEAL.] 
 
 . . . . [SEAL.] 
 
 Due ,19 
 
 RETAINING TITLE. 
 
 $.......... .,19.... 
 
 after date, promise to pay 
 
 to , or , dollars, 
 
 value received, being for part of purchase money for , 
 
 with interest until paid at per cent, per annum, 
 
 with all cost of collection, including ten per cent, as attorney 
 fees, if collected by law or through an attorney. 
 
 It is understood and agreed that the title to the above de- 
 scribed property is to remain in said until the 
 
 full amount of purchase money is paid. 
 
 And each of us, whether principal, security, guarantor, en- 
 dorser or other party hereto, hereby severally waives and re- 
 nounces each for himself and family, any and all homestead 
 or exemption rights either of us or the family of either of us 
 may have under or by virtue of the Constitution or laws of 
 Georgia, any other State or the United States, as against this 
 debt or any renewal thereof. And each further waives demand, 
 protest and notice of demand, protest and non-payment. 
 
 : [L.S.] 
 
 [L.S.] 
 
 Witness : .
 
 718 PROMISSORY NOTES, ETC. 
 
 COLLATERAL NOTE. 
 
 ..,19, 
 
 promise to pay to the order of ... 
 
 at , dollars, for value received, 
 
 with interest at the rate of per cent, per annum from 
 
 until paid. 
 
 To secure the prompt payment of this note, or any other 
 
 indebtedness due or to become due the holder of this note 
 
 here pledges the following collateral, now in possession of said 
 
 It being hereby agreed that other collaterals of equal value 
 
 may be substituted for the above with the consent of said 
 
 or the holder of the note, which collaterals, when so 
 
 substituted, shall be subject to this pledge. And 
 
 represent and covenant that have full power and 
 
 authority to pledge such collaterals. And 
 
 hereby constitute , or the holder of this note, 
 
 jointly and severally attorney or attorneys to collect, 
 
 sell, or otherwise dispose of the whole or any portion of said 
 collaterals either at public or private sale, and without notice 
 to of any intention to sell, either for the pur- 
 pose of paying said note when due, or in case margins shall not 
 
 be furnished when required. And 
 
 authorize the said , or the holder of this note, 
 
 to become a purchaser on its own account at any such sale or 
 
 sales ; and for that purpose in name to sign and execute 
 
 any transfer, conveyance or instrument in writing, whether un- 
 der seal or otherwise, which may be necessary or lawful in the 
 premises. 
 
 In case of default hereby agree to pay ten per cent. 
 
 attorney's fees and cost of court that may be incurred in secur- 
 ing the rights of said or the holder of this note, 
 
 and collecting any amounts or balance which may remain unpaid 
 under this instrument; which fees and costs shall be a part of 
 
 indebtedness herein created, and be paid by 
 
 said or holder of this note, from proceeds of 
 
 such sale or sales. 
 
 And to further secure the payment hereof, each of us, whether 
 maker or endorser, hereby expressly waives any and all exemp-
 
 PROMISSORY NOTES, ETC. 719 
 
 tion rights secured to us by the Constitution and laws of Georgia, 
 or of the United States. 
 
 Witness our hands and seals. 
 
 [L.S.] 
 
 [L. S.] 
 
 Signed in the presence of 
 
 JOINT AND SEVERAL NOTES. 
 
 months after date we, or either of us, promise 
 
 to pay , or order [or bearer], 
 
 dollars, for value received, with interest from at the 
 
 rate of per cent, per annum until paid. 
 
 This .day of , 19 
 
 NOTE BY PRINCIPAL AND SECURITY. 
 
 months after date, we, or either of us, promise 
 
 to pay , or order [or bearer], 
 
 dollars, for vdlue received, with interest from at the 
 
 rate of per cent, per annum until paid. 
 
 This day of .,19 
 
 , Principal. 
 
 , Security. 
 
 CREDIT ENTERED ON NOTE, FORM OF. 
 
 Paid on the within note dollars. This 
 
 day of ,19 
 
 [NOTE. In order for the credit entered to arrest the running of the 
 statute of limitations the same must be in the handwriting of the 
 maker of the note or else signed by him or by some one by him duly 
 authorized.]
 
 720 PROMISSORY NOTES, ETC. 
 
 CONDITIONAL SALE 
 
 Georgia, County. 
 
 $ , 19.... 
 
 after date, promise to pay to the order 
 
 of , with interest after at the rate of 
 
 eight per cent, per annum until paid, to be paid annually, and 
 if not so paid to be counted as principal ; and costs of collection, 
 including ten per cent, of principal and interest as attorney's 
 fees. Value received. 
 
 And each of us, whether maker, or endorser, as to this debt, 
 expressly waives and renounces all right to the benefit of home- 
 stead and exemption under the Constitution and laws of the 
 State of Georgia. In testimony whereof this note is signed 
 and sealed. 
 
 This note is given for the purchase money of 
 
 now sold to me by the payee. And it is expressly agreed as part 
 of the terms of said sale that the title to said property is to 
 remain and be in the payee or his assigns until this note and 
 expenses of collection are fully paid off and discharged. 
 
 And in consideration of the premises, and in consideration of 
 the fact that I am intrusted with the custody of the property, I 
 further assume the risk df its safe keeping, and agree to pay for 
 the same although it may be lost or destroyed or injured, or 
 may die. 
 
 If I fail to pay for the said property, and the holder of this 
 note shall elect to retake the same, then and in that event I agree 1 
 
 to pay him for the hire thereof from this date 
 
 for the time I shall keep it. 
 
 Witness my hand and seal, this , 19. ... 
 
 [L. S.] 
 
 [L. S.] 
 
 Signed, scaled and delivered in the presence 
 
 of 
 
 ., J. P. 
 
 FARM RENT NOTE. 
 
 Lbs. ,19 
 
 By the day of , 19 . . . . , promise
 
 PROMISSORY !\OTKS, ETC. 721 
 
 to pay .................. , or order, at any warehouse ill the 
 
 city of .......... that may be designated by said ............ 
 
 .......... pounds of lint cotton, to class middling, packed in 
 
 good merchantable bales, free of charge to said ............. , 
 
 for rent for the year 19. ... of the following described lands, 
 
 situated in ............ county, Georgia, to wit, ........... 
 
 and known as the ................ place. The payee nor his 
 
 assigns to be liable for any repairs on the premises. 
 
 And ............... hereby waives all benefit of the home- 
 
 stead and exemption laws of Georgia, as against the payment of 
 this note; and agrees in case the same is collected by suit or 
 through an attorney, to pay ten per cent, thereon as attorney's 
 fees, and all costs of suit. 
 
 Witness ............ hand . . and seal . . 
 
 ............. : ................. [L. s.] 
 
 Signed, sealed and delivered in the presence 
 of ........................... ....... 
 
 . J. P. 
 
 RENT NOTE WITH LIEN. 
 
 By the day of ,19 ,1 promise to 
 
 pay , assigns or bearer, 
 
 for rent of . . . [describe the land] . . .for the year 19 , with 
 
 interest from maturity, at eight per cent, per annum, with all 
 costs of collection, including ten per cent, on principal and 
 interest as attorney's fees. 
 
 The lien of my said landlord shall attach and date at the time 
 of the making of this note. I waive and renounce all right to 
 benefits of homestead and exemption under the laws of Georgia 
 as against this debt. 
 
 Witness my hand and seal this day of , 
 
 "" ' [L.S, 
 
 [L. S.] 
 
 Signed, sealed and delivered in the presence 
 
 of 
 
 . J. P,
 
 722 PROMISSORY NOTES, ETC. 
 
 CERTIFICATE OF PROTEST. 5822. 
 
 Georgia, County. 
 
 I, , a notary public in and for said county, 
 
 do hereby certify that on the day of , 19. . . ., 
 
 I duly presented to for payment a certain 
 
 for dollars, principal, dated the 
 
 day of , 19 . . . . , made by said , 
 
 and indorsed by , and demanded payment of 
 
 the same ; that payment thereof was refused and that said paper 
 Was on the same date protested by me for non-payment. 
 
 And I further certify that on the same date, to wit, on the 
 
 day of , 19 . . . . , I gave written notice of 
 
 the non-payment thereof to by depositing the 
 
 said notice, postage prepaid, in the post office at , 
 
 duly inclosed in an envelope directed to the said 
 
 at , Georgia, where the said resides. 
 
 Witness my hand and seal of office this day of 
 
 ,19.... 
 
 [SEAL] 
 
 Notary Public, County, Georgia. 
 
 NOTICE OF PROTEST. 4280. 
 
 Georgia, ............ County. 
 
 To .................. , Indorser : 
 
 Take notice that a certain ................ for the sum of 
 
 .......... dollars, principal, dated the. . . . day of .......... , 
 
 19 . . . . , payable the ...... day of ............ , 19 . . . . , made 
 
 by ............... , and endorsed by you, has this day been 
 
 protested by me for non-payment, payment having been first 
 duly demanded and refused. As indorser of the same you will 
 be held liable for the amount, with interest, damage and costs. 
 
 Notary Public. 
 
 Attorney's fees. Notice of intention to sue, required by 4252 as con- 
 dition precedent to recovery of attorney's fees, must disclose holder 
 of note in whose behalf payment is demanded. 7 App. 645 (3) 
 (67 S. E. 896); 14 App. 300 (80 S. E. 723); 17 App. 517 (87 S. E. 
 770). Notice naming term of court preceding term to which suit 
 is returnable, not sufficient. 15 App. 133 (82 S. E. 772). Notices
 
 PROMISSORY NOTES, ETC. 723 
 
 were held sufficient in the following cases: 128/414 (57 S. E. 
 704); 141/578 (81 S. E. 892); 13 App. 309 (79 S. E. 165); 14 App. 
 80 (80 S. E. 301); 17 App. 463 (87 S. E. 701). Where petition 
 alleges that notice has been given, it is unnecessary to attach to 
 petition copy of such notice. 140/603 (3) (79 S. E. 540). Allega- 
 tion that plaintiff had caused written notice to be served, together 
 with prayer for recovery of attorney's fees, was sufficient to show 
 that notice based on section 4252 was notice of intention to sue 
 on note and seek to recover attorney's fees according to its terms. 
 140/653, 654 (4) (79 S. E. 539). Fact that carbon copy of notice 
 served differed in certain immaterial respects from notice actually 
 served did not render such copy objectionable as immaterial and 
 irrelevant. 141/840 (82 S. E. 246). In absence of demurrer, state- 
 ment in petition that defendants had been notified of suit in writing 
 ten days before filing same, in connection with allegation that de- 
 fendants in their note, copy of which was attached to petition, 
 promised to pay attorney's fees, was sufficient basis for recovery of 
 such fees. 13 App. 119 (2) (78 S. E. 862). Allegation that in 
 terms of law petitioner gave notice of intention to sue, and that 
 defendant failed to pay, was sufficient, in absence of special de- 
 murrer, to authorize proof authorizing recovery of attorney's fees. 
 14 App. 293 (2) (80 S. E. 699). 
 
 Blanks. Note payable to order and issued with a blank for the payee's 
 name may be filled up by any bona fide holder with his own name 
 as payee, and it is a good promissory note as to him from its date. 
 140/398 (2) (78 S. E. 841). Date of payment omitting year, how 
 construed. 1 App. 63 (57 S. E. 911). Indorsement in blank, effect 
 of. 122/70 (49 S. E'. 809). 
 
 Bona fide holder. Not necessary for plaintiff's petition to allege from 
 whom note sued on was purchased, especially in absence of de- 
 murrer. 18 App. 263 (89 S. E. 450). 
 
 Consideration. When sealed note is sued on and petition nevertheless 
 recites the consideration, it is permissible for plaintiff to strike, by 
 amendment, the allegation as to consideration. 17 App. 495 (87 
 S. E. 716). Mere allegation that note is wholly without considera- 
 tion amounts to nothing more than a plea of general issue, and is 
 too vague and indefinite to constitute a proper plea of failure of 
 consideration. 18 App. 45 (2) (88 S. E. 825). Plea here was not 
 sufficient to charge notice of failure of consideration. 145/494 (89 
 S. E. 613). 
 
 Copy. Code, 5541, is substantially complied with when, in suit against 
 maker of large number of notes, copy of one is attached to the 
 petition, and it is alleged that all of the other notes are exactly 
 like it "in form and substance, except as to dates of maturity, 
 which are one month apart in succession." 16 App. 146 (84 S. E. 
 616). 
 
 Descriptio personae. The abbreviations and letters, "Treas.," and 
 
 "V. P.," following names respectively of two indorsers, are mere 
 
 words of description, and obligation incurred by such indorsers is 
 
 personal. 14 App. 729 (83 S. E, 314). 
 
 Entries on back of note may be relied on by defendant to suit, but may 
 
 be explained. 122/249 (50 S. E. 95). 
 
 Execution. Note which is basis of suit need not have its execution 
 proved where no plea of non est factum has been filed. 16 App. 
 95, 96 (3) (84 S. E. 591); 18 App. 445 (3) (89 S. E. 635). Not 
 error to admit in evidence notes sued on, though their execution
 
 724 RECOUPMENT RES JUDICATA 
 
 was not proved by attesting witnesses, when defendants had filed 
 no plea of non est factum. 16 App. 14, 15 (7) (84 S. E. 483). 
 
 "For value received," a patent ambiguity explainable by parol. 127/34 
 (56 S. E. 86). 
 
 Indorsement. Plea denying transfer, assignment, or indorsement of 
 certain drafts from the original payee to the plaintiff, in absence 
 of demurrer, must be treated as such a compliance with Code, 
 4299, as to put plaintiff on proof of indorsements. 14 App. 645 
 (82 S. B. 51). Plea necessary, to require proof of indorsement. 17 
 App. 170, 192 (86 S. E. 4S4). 
 
 Non est factum. Plea under oath denying allegation that plaintiff is 
 bona fide holder of note, for value and before maturity, is not the 
 equivalent of a plea of non est factum as to the indorsement. 13 
 App. 35 (78 S. E. 772). Plea must be verified. 142/48 (3-a) (82 S. 
 E. 441). Plea of non est factum is subject to be stricken when it 
 does not unequivocally deny that the notes sued on are the act 
 and deed of defendant. 18 App. 161 (89 S. E. 77). 
 
 Seal must be recited in body of note and appear after signature. 
 126/311 (55 S. E. 62); 127/441 (56 S. E. 631). Not make note a 
 sealed instrument, without a recital for that purpose in the body 
 of the note. 125/801 (54 S. E. 697). 
 
 Writing. To enable holder of promissory note payable to another to 
 assert successfully the rights of a bona fide purchaser for value, 
 it must appear that the "payee formally indorsed or assigned it in 
 writing to the holder. 13 App. 492 (79 S. E. 359). 
 
 RECOUPMENT. 4350-4353. 
 (See Set-Off and Recoupment, post.) 
 
 REFERENCE TO AUDITORS. 5127-5149. 
 (See Auditors, ante.) 
 
 RELEASE. 
 
 (See Accord and Satisfaction, and Release, ante.) 
 
 RES JUDICATA. 
 
 PLEA. 4335, 5678. 
 
 (State the case.) 
 
 And now comes the defendant and for plea and answer says : 
 
 1. That on the day of , 19. . . ., in an 
 
 action in the court of said county, between
 
 ROADS 725 
 
 , the plaintiff, and , the defendant, a 
 
 judgment was rendered in favor of said plaintiff against said 
 defendant, for the sum of dollars. 
 
 A copy of said judgment is hereto attached. 
 
 2. Defendant avers that said action, in which the said judg- 
 ment was rendered, was between the same parties, and for the 
 same cause of action as that now alleged in plaintiff's petition, 
 and said judgment was a full and final adjudication of the 
 claim and cause of action now sued on. 
 
 And of this the defendant puts himself upon the country. 
 
 Defendant's Attorney. 
 
 ROADS. 628-743. 
 (See Bridges, ante, page 334.) 
 
 APPLICATION FOR NEW ROAD. 640. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The application of the undersigned [set out the names of the 
 applicants], citizens of said county, respectfully shows that it 
 will be a public utility, and the convenience of the traveling 
 public, and the people of the neighborhood will be greatly pro- 
 moted by the establishment of the new road, commencing [par- 
 ticularly describe the proposed road, its commencing point, its 
 course, by what residences and through whose lands it will run, 
 and its points of convergence with another public road, etc.]. 
 
 Wherefore, your petitioners pray the appointment of three 
 road commissioners, residing as near where such road is intended 
 to pass as possible, to make a review of said contemplated road ; 
 and if they find such new road of public utility, to proceed to 
 mark it out, and to make their report to the ordinary of said 
 county that it was laid out and marked conformably to law. 
 
 (NOTE: Section 640 also applies to an alteration in an old road. If 
 an alteration is desired, the foregoing petition can easily be adapted, 
 by describing the old road, and setting out the changes desired to be 
 made by the new one.)
 
 726 ROADS 
 
 APPOINTMENT OF REVIEWERS. 
 
 Georgia, ............ County. 
 
 ......... Court of Ordinary, at Chambers, 
 
 .................... and [set out the other petitioners], 
 
 having filed their application, showing that the establishment 
 of a new road, commencing [describe the road as in the applica- 
 tion] will be of public utility, and the convenience of the travel- 
 ing public, and the people of the neighborhood will be greatly 
 promoted by the establishment of the new road proposed ; it is 
 hereby ordered that ................. , ................. 
 
 and .................. , road commissioners, residing as near 
 
 where such road is intended to pass as possible, be and they are 
 hereby appointed reviewers of said contemplated road, and that 
 they examine into the same, and if they find that such road will 
 be of public utility, and the convenience of the traveling public, 
 and the people of the neighborhood will be greatly promoted by 
 its establishment, they are hereby directed and required to lay 
 out and mark the same conformable to law, and make their 
 report thereof to this court, under oath, that it was so laid out 
 and marked. 
 
 Witness my hand and seal of office this ...... day of ....... , 
 
 19 ____ 
 
 [SEAL] ................................ 
 
 Ordinary. 
 
 REPORT OF REVIEWERS. 
 
 Georgia, County. 
 
 To the Court of Ordinary of said County : 
 
 The undersigned, appointed for the purpose of reviewing the 
 
 road petitioned for by. and others, said road 
 
 commencing [describe the road as in the within order of ap- 
 pointment], have performed the duty assigned them, having 
 m'ade the examination required by law, and now find and report 
 under oath that the contemplated road will be of public utility, 
 and the convenience of the traveling public, and the people of 
 the neighborhood will be greatly promoted by its establishment
 
 ROADS 727 
 
 and that they have laid out and marked said road conformably 
 to law. 
 
 This day of , 19 
 
 Reviewers. 
 
 AFFIDAVIT TO REPORT. 640. 
 
 Georgia, County. 
 
 The undersigned, , and 
 
 , came in person before the undersigned, and, 
 
 after being duly sworn, say that the statements contained in the 
 foregoing petition are true. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary. 
 
 CITATION OF ORDINARY. 641. 
 
 Georgia, County. 
 
 To All Whom it may Concern : 
 
 Take notice that and [set out the names of 
 
 the applicants] have applied for an order seeking the establish- 
 ment of a new road, which has been laid out and marked con- 
 formably to law by commissioners duly appointed, and a report 
 thereof made on oath by them, said road commencing [describe 
 the road as set out in the report of the reviewers] ; now, if no 
 good cause be shown to the contrary by persons interested in this 
 matter, the order will be granted by the undersigned, at the 
 
 office of the ordinary in said county, on the. , day 
 
 of , 19. . . ., establishing said new road. 
 
 This day of... , 19 
 
 Ordinary. 
 
 [NOTK. The above citation must be published for thirty days at the 
 door of the court house, and in the public gazette if there is one in 
 the county.]
 
 728 ROADS 
 
 NOTICE TO LAND OWNERS. 642. 
 
 Georgia, County. 
 
 To : 
 
 and others have applied for a new road, 
 
 commencing at [describe the road as set out in the report of the 
 
 reviewers] , which has been marked out through 
 
 jour land by commissioners duly appointed, who have filed their 
 report on oath. 
 
 The application and report of commissioners for said 
 
 road will be heard at my office on the day of , 
 
 19. . . ., next, by which time you must put in your claim for 
 damages or be ever after estopped. 
 
 If no legal cause is shown to the contrary, an order for said 
 road will be finally granted. 
 
 This day of , 19 
 
 Ordinary. 
 
 ORDER ESTABLISHING THE ROAD. 641. 
 
 Georgia, ............ County. 
 
 Ordinary's Office of said County, at Chambers, 
 
 . 
 
 Upon the report of the reviewers appointed to lay out and 
 mark the contemplated new road commencing [describe the 
 road as set out in the report of the reviewers], and the under- 
 signed, ordinary of said county, on the investigation had, being 
 willhig to grant such road, and citation having been duly pub- 
 lished, according to law, and .......... , the owners, residing 
 
 on the land which said road goes through, having been legally 
 served in writing with the notice required by law, it is further 
 ordered that said road be, and the same is, hereby established 
 as one of the public roads in said county, and it is further or- 
 dered that the clerk of this court furnish the commissioners of 
 the .......... road district of said county with a certified copy 
 
 of this order; and said commissioners are directed and required 
 to have said road opened, an overseer appointed, and hands ap- 
 portioned for said road. 
 
 This ...... day of ............ , 19 ____ 
 
 Ordinary.
 
 ROADS 729 
 
 SUMMONS OF ROAD HANDS BY OVERSEER. 651, 652. 
 
 Georgia, County. 
 
 To ': 
 
 You are hereby notified to be and appear at by 
 
 o'clock. . . .m., on the day of ,19 , 
 
 for the purpose of working the public road leading from 
 
 to , and bring with YOU the following implements: 
 
 LIST OF DEFAULTERS RETURNED BY OVERSEER. 653. 
 
 Georgia, County. 
 
 To the Commissioners of Roads in and for Road 
 
 District in said County: 
 
 At a working of the road, of which the undersigned is over- 
 seer, commencing on the day of , 19 , and 
 
 continuing for days, the following are defaulters [set 
 
 out the names of the defaulters and the number of days of the 
 default]. 
 
 This day of ,19 
 
 Overseer. 
 OVERSEERS' WEEKLY REPORT. 
 
 For week ending , 19. ... 
 
 Road 
 
 Name of Defaulters. Dist. Where Reside. 
 
 Number.
 
 730 EOADS 
 
 NUMBER TRIED AND FINED, OR OTHERWISE DISPOSED OF. 
 
 Attested by two witnesses : Approved by two Comm'rs. 
 
 Overseer. 
 
 NOTICE TO DEFAULTERS. 667. 
 
 Georgia, County. 
 
 To : 
 
 You are hereby notified to be and appear at a sitting of the 
 
 board of road commissioners in road district at 
 
 in said district, on the day of , 
 
 19. . . ., to answer for your default as a road hand at a recent 
 working of the road, of which I am overseer. 
 
 This' day of , 19 
 
 Overseer. 
 
 EXCUSE OF DEFAULTER. 667. 
 
 Georgia, County. 
 
 In re , road defaulter. 
 
 And now comes , and for excuse for not attend- 
 ing at , on the day of , 19 , 
 
 for the purpose of working the public road leading from 
 
 to , says that there was no written summons served upon 
 
 him as required by law, nor was he otherwise notified to appear 
 and work said road. 
 
 This day of , 19 
 
 Georgia, County. 
 
 Personally before me, one of the commissioners of roads for 
 road district of said county, came , who
 
 ROADS 731 
 
 on oath says that the statements contained in the foregoing are 
 true. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Commissioner. 
 
 OATH OF WITNESS. 
 
 You do solemnly swear that you will true answers make to 
 all questions that you will be asked by the commissioners touch- 
 ing the non-performance of road duty ; so help you God. 
 
 JUDGMENT OF THE BOARD OF COMMISSIONERS. 
 
 Georgia, County. 
 
 At a sitting of the commissioners of roads in and for the .... 
 
 road district in said county, held at , in said county, 
 
 in case of default, it appears that , after being duly 
 
 notified, made default in working on the road to which he was 
 
 assigned. And it appearing that said has been duly 
 
 notified to attend a sitting of the board of commissioners this 
 
 day to answer said default, and said. having failed to 
 
 appear. And it appearing that said has been a de- 
 faulter for days : 
 
 Ordered that said pay a fine of dollars for 
 
 each day of his default for non-performance of road duty. 
 
 Witness our hands and official signatures this day of 
 
 ,19.. 
 
 Commissioners. 
 
 WRIT OF FIERI FACIAS. 
 
 Georgia, County. 
 
 To , Constable in and for District, G. M. : 
 
 We command you that of the goods and chattels, lands and 
 
 tenements of , of said district, you cause to be made 
 
 the sum of dollars, the amount of fines imposed upon
 
 732 ROADS 
 
 the said for his default in non-performance of 
 
 road work ; whereof the said is convicted and lia- 
 ble, and the said sum being collected within ten days thereafter 
 you are required to pay over to the undersigned or one of them. 
 
 Witness our hands and official signatures this day 
 
 of.. . 19.. 
 
 Commissioners. 
 
 APPLICATION TO APPORTION ROAD. 662. 
 
 Georgia, County. 
 
 To , and ......... Road Commissioners of 
 
 the Road District : 
 
 makes this application to the road commission- 
 ers above named for an equal and just portion of the public road 
 
 leading from to , in the 
 
 road district, in said county, to be apportioned to him and his 
 hands on petitioner's farm. -Petitioner and his said hands, to 
 wit, [name the several hands] will faithfully work and keep 
 in good repair the equal and just portion of said road appor- 
 tioned to him and his said hands. 
 
 This day of , 19 
 
 ORDER GRANTING APPLICATION. 
 
 Read and considered. It is hereby ordered that , 
 
 the applicant in the foregoing petition, be assigned that portion 
 
 of the public road leading from to , 
 
 in the road district, in said county, beginning at 
 
 the and extending to '. . , a distance of 
 
 miles and yards, the same to be by him faithfully 
 
 worked and kept in good repair by himself and his 
 
 hands, to wit, [set out the names of the hands.] 
 
 Commissioners.
 
 ROADS 733 
 
 PETITION FOR DAMAGES. 678. 
 
 Georgia, County. 
 
 To the Ordinary of said County: 
 
 The petition of , one of the owners through whose 
 
 land the proposed new road hereinafter mentioned will be laid 
 out, feeling aggrieved by reason of the laying out of the said 
 proposed new road, respectfully shows: 
 
 1.' That and other citizens of said county, pray- 
 ing for the granting of an order, have filed an application in 
 writing with the ordinary of said county, praying for the grant- 
 ing of an order for the establishment of a new road commenc- 
 ing [describe the road as in the application]. 
 
 2. Petitioner shows that said contemplated road as estab- 
 lished will run through his land, and that he will thereby be 
 injured to the Amount of dollars. 
 
 Wherefore, he prays that a warrant may issue under the hand 
 of the ordinary, directed to the sheriff of said county, requesting 
 him to summon from the vicinage through which said proposed 
 road will run a jury of freeholders to try such question of dam- 
 age, as required by law. 
 
 WARRANT TO THE SHERIFF. 678. 
 
 Georgia, County. 
 
 To , Sheriff of said County : 
 
 having petitioned in writing the ordinary of 
 
 said county, alleging that he as one of the land owners through 
 
 which the roads run will be damaged in the sum of 
 
 dollars by the opening of said proposed new road, commencing 
 [describe the road as in the foregoing petition]. You are there- 
 fore directed and required to summon from the vicinage through 
 which said proposed road as established will run, a jury of twelve 
 competent freeholders who, after being duly sworn by some 
 justice of the peace, shall truly and impartially assess any dam- 
 age the said , as owner aforesaid, will sustain by 
 
 means of said new road, and the justice of the peace who admin- 
 isters said oath shall preside over their deliberations. 
 
 Witness my hand and seal of office this day of , 
 
 1"9.... 
 
 [SEAL] 
 
 Ordinary.
 
 734 ROADS 
 
 OATH OF JURY. 678. 
 
 You, and each of you, do swear that you will truly and im- 
 partially assess any damages will sustain by means 
 
 of a proposed new road over the lands of the said , 
 
 to be opened upon the petition of and others ; so 
 
 help you God. 
 
 TRIAL OF QUESTION OF DAMAGE, NOTICE OF. 681. 
 
 Georgia, County. 
 
 To , and , Commissioners of the 
 
 Road District : 
 
 You are hereby notified to attend at [naming a con- 
 venient house near by where the hearing may be had] , 
 
 in said county, on the day of , 19 . . . . , when and 
 
 where a question of damage to , the owner of lands 
 
 through which said proposed new road will run, consequent upon 
 the opening and establishing of the new road proposed to be run, 
 said road commencing [describe the road as in the petition], at 
 
 which time the question of damage to the said will 
 
 be submitted to a jury. 
 
 This day of , 19 
 
 ' 'Sheriff. ' 
 
 [NOTE. 681 requires the sheriff to notify the justice of the peace of 
 the district where the road lies, and also the owner of the land, and a 
 notice similar to the foregoing shall be served upon them.] 
 
 VERDICT. 
 
 We, the jury, find for the plaintiff the sum of. 
 dollars damages, and costs of suit. 
 
 This day of , 19 
 
 Foreman. 
 OR 
 We, the jury, find against the claim of for 
 
 damages. 
 
 Foreman. 
 
 [NOTE. It is the duty of the jury to inspect the road and land in
 
 ROADS 
 
 question unless already familiar with it and swear any witnesses that 
 the owner or any person on the part of the county may effer as to their 
 .opinion of the damage sustained.] 
 
 ORDER FOR DAMAGES. 
 
 Georgia, County. 
 
 Office of Ordinary of County. 
 
 In re claim for damages, caused by opening of 
 
 new road through his land. 
 
 It appearing to the court that the question of damage in the 
 above stated case was submitted to be tried by' a jury of free- 
 holders, consisting of , as foreman, and eleven 
 
 others, on the day of , 19. . . ., and the said jury 
 
 by their verdict having found that the said will 
 
 be damaged in the sum of dollars by the opening of 
 
 said new road over his land ; Ordered that the said 
 
 do have and recover of the county of the sum of 
 
 dollars for his damages, and the county treasurer of 
 
 said county is hereby directed to pay over the said amount to 
 the said 
 
 This day of , 19 
 
 Ordinary. 
 
 [NOTE. If the ordinary is satisfied that the damages found transcend 
 the utility of the proposed road, or that part of it to which the verdict 
 relates, he may revoke the road altogether, or order the same altered, 
 so as to avoid the land so damaged or make the owner an offer of such 
 compensation as the ordinary may think just.] 
 
 NOTICE TO NEGLIGENT OVERSEER. 690. 
 
 Georgia, County. 
 
 To , Overseer of the Road Leading from 
 
 to , through the Road District : 
 
 Whereas, we have received information that from your negli- 
 gence and inattention, the road of which you are the overseer 
 is now, and has been for some time past, in bad order and out 
 of repair, you are hereby notified and required to be and appear 
 before said road commissioners at . , in said district,
 
 736 ROADS 
 
 on the day of , 19 . . . . , to answer 
 
 your default. 
 
 Given under our hands and official sig- 
 natures, this day of . . . ., 19. . . . 
 
 Commissioners. 
 
 INSPECTORS or KOADS AND BEIDGES. '729(8), 739-743. 
 
 APPOINTMENT or ROAD OVERSEERS. 729(1). 
 
 Georgia, County. 
 
 Board of District Commissioners, , 19. . . 
 
 Ordered, that be, and he is, hereby appointed 
 
 overseer of the public road passing through the road 
 
 district of county [here describe the road]. 
 
 Said overseer is hereby invested with all the authority given 
 to such overseers and is required to do and perform all the things 
 and duties of overseers of said road. Said overseer is allowed 
 
 the hands of said , and [name 
 
 the several hands apportioned to him]. 
 
 Commissioners. 
 
 SUMMONS TO APPEAR BEFORE GRAND JURY. 731. 
 
 Georgia, County. 
 
 In the Superior Court of said County. 
 
 .Term, 19 
 
 To : 
 
 The grand jury of said county, on the. .... .day of , 
 
 19 . . . . , at the regular term of the Superior Court. 
 
 having presented you for neglect of duty as road commissioner,
 
 ROADS 737 
 
 you are hereby commanded to be and appear at the next Supe- 
 rior Court for said .county, to be held on the. . . .day of , 
 
 19. . ., to answer said accusation. 
 
 This day of , 19. ... 
 
 Clerk Superior Court County. 
 
 NOTICE TO DEFAULTER. 701-703. 
 
 Georgia, County. 
 
 To " : 
 
 It being made to appear to me that you have failed to pay 
 
 the commutation road tax when demanded by , the 
 
 officer appointed by the authorities to make such demand, and 
 have failed and refused to appear at the time and place ap- 
 pointed to work, when summoned and notified by , the 
 
 officer whose duty it was to give said summons and notice by 
 the rules of the authorities having charge of the public roads 
 (or who shall fail or refuse to do faithful work as ordered by 
 the officers in charge of the work when he has appeared), you 
 are hereby commanded to be and appear before me, at my office 
 in the courthouse in said county, at nine, o'clock, A. M., on the 
 
 day of , 19. . . ., and then and there show 
 
 cause why you should not be fined or imprisoned for such fail- 
 ure. Let be served with a copy of this order at 
 
 least ten days before said time of trial. 
 
 This day of , 19 
 
 Ordinary. 
 
 COMMITMENT BY COMMISSIONER. 
 
 Georgia, County. 
 
 To the Jailer of said County : 
 
 having been arrested and brought before us 
 
 and convicted of default of duty as a road hand of the 
 
 road district of said county and by us to be imprisoned in the 
 
 common jail of said county for the full term of days, you 
 
 are therefore commanded to receive the said and
 
 738 ROADS 
 
 him safely keep and confined in the common jail of said county 
 from the day he is delivered to you. 
 
 Given under our hands and official signatures, this day 
 
 of ..,19.... 
 
 Commissioners. 
 
 COMPLAINT BY CITIZEN AGAINST ROAD COMMISSIONER. 732. 
 
 Georgia, County. 
 
 To the Ordinary [Judge of the County Court, or Board of Com- 
 missioners of Roads and Revenues] of said County : 
 
 1. The petition of shows that he is a citizen of 
 
 the road district of said county, and that 
 
 and and are road commissioners for the 
 
 road district. 
 
 2. Petitioner shows that said commissioners are guilty of 
 neglect of [state in what particulars the neglect consisted]. 
 
 3. Petitioner prays that a summons may issue in writing, di- 
 rected to such defaulting commissioners, commanding them to 
 
 be and appear before , ordinary of said county, at the 
 
 usual place of sitting on the day of , 19. . ., to 
 
 answer the accusation in this petition above contained and to 
 show cause, if any they have, why they should not be fined or 
 imprisoned according to the statute in such case made and pro- 
 vided. 
 
 Petitioner. 
 
 Georgia, County. 
 
 Personally before me, the undersigned, came , 
 
 the petitioner in the above petition named, who on oath says that 
 the facts set forth in the foregoing petition are true. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary.
 
 ROADS 739 
 
 SUMMONS OF ORDINARY. 732. 
 
 Georgia, County. 
 
 To : 
 
 You are hereby notified to be and appear before the under- 
 signed, the ordinary of said county, at the usual place of sitting, 
 
 on the day of , 19 , at 9 o'clock, a. m., to 
 
 answer the accusation contained in the foregoing petition, and 
 to show cause,' if any you have or can, why you should not be 
 fined or imprisoned for neglect of duty as therein prayed for. 
 Herein fail not, as in default thereof the said , ordi- 
 nary, will proceed according to the statute in such cases made 
 and provided. 
 
 This day of , 19 
 
 Ordinary. 
 
 [NOTE. A copy of the above petition and summons should be served 
 by the sheriff or his deputy upon the commissioner complained against, 
 at least twenty days before the day of hearing.] 
 
 JUDGMENT THEREUPON. 732, 733. 
 
 Georgia, County. 
 
 Office of the Ordinary of said County. 
 
 Complaint of , charging with neglect 
 
 of duty as road commissioner. 
 
 It appearing to the court that on the day of , 
 
 19. . . ., , a citizen of -said county, filed his petition 
 
 in writing to the ordinary of said county making complaint 
 
 against , and , road 
 
 commissioners appointed for road district of said 
 
 county, for neglect of duty, in the particulars in said petition 
 
 specified, and the said , and , 
 
 road commissioners as aforesaid, having been summoned in writ- 
 ing, and duly served according to law with such summons, call- 
 ing upon them to appear before the undersigned this day, to 
 
 answer the accusation in said petition contained, and said 
 
 having failed to show any satisfactory cause why they should 
 not be punished as aforesaid. 
 
 It is ordered that said , and 
 
 each be fined in the sum of dollars [not less than ten
 
 740 RULES AGAINST OFFICERS 
 
 dollars nor more than two hundred dollars], and in default ol 
 
 the payment of the fine above imposed, that the said , 
 
 and be confined in the common jail of 
 
 said county for the space of days, as provided by law. 
 
 And it is further ordered that the said , 
 
 and be, and they are, hereby removed from office. 
 
 This day of , 19 
 
 Ordinary. 
 
 KULES AGAINST OFFICERS. 5341-5354. 
 
 MONEY RULE DEMAND. 5343. 
 
 Georgia, County. 
 
 To , of said County : 
 
 I hereby make demand upon you for the money collected by 
 
 you upon a certain fi. fa. in favor of against 
 
 for dollars, principal dollars, 
 
 interest, dollars, attorney's fees, and dol- 
 lars, costs, issued from the term, 19. . . ., of the 
 
 court of the district, G. M., said county, or in de- 
 fault take notice that I shall also claim of you twenty per cent, 
 per annum interest on amount due on said fi. fa. 
 
 This day of , 19 
 
 .Plaintiff in Fi. Fa. 
 
 AFFIDAVIT AS TO SERVICE. 5344. 
 
 Georgia, County. 
 
 Personally comes. , who, being duly sworn, deposes 
 
 and says, that on the day of , 19. . . ., he did 
 
 personally serve of said county, with a written 
 
 demand, of which the foregoing is a copy. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 ,J.P.
 
 RULES AGAINST OFFICERS 
 
 RULE NISI. 5346. 
 (General form.) 
 
 Georgia, County. 
 
 vs. 
 
 The foregoing petition against , of said count?, 
 
 read and considered. Ordered that he show cause as prayed. 
 
 before the. court of said county, on the day 
 
 of , 19. . .^.. Let a copy of said petition and of this 
 
 order be reserved upon the said forthwith. 
 
 This day of , 19 
 
 j. P. 
 
 RULE ABSOLUTE. 5347. 
 
 Georgia, County. 
 
 vs. 
 
 The defendant in the above-stated case, having been duly 
 served with a copy of the petition filed in the case and of the 
 rule nisi, and having failed to show cause as- required, ordered 
 that the said rule be made absolute, and that he pay to the plain- 
 tiff instanter the amount due on said fi. fa., to wit, 
 
 dollars and twenty per cent, per annum interest thereon, and 
 that on failure to do so, he be subject to execution or attach- 
 ment, as provided by law. 
 
 This day of ,19 
 
 RULE AGAINST SHERIFF. 5342. 
 
 (State the case.) 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior Court 
 
 of said County: 
 
 brings this his petition against , 
 
 sheriff of said county, and alleges :
 
 742 RCLES AGAINST OFFICERS 
 
 i 
 
 1. On the day of , 19. . . ., a certain fi. fa. 
 
 for dollars, lately, to wit, on the day of 
 
 , 19. . . ., issued from the Superior Court of said 
 
 county in favor of petitioner against , was placed 
 
 in the hands of said defendant sheriff, and has ever since, con- 
 tinuously, been in his hands. 
 
 2. The said , sheriff as aforesaid, has had said 
 
 fi. fa. in his hands long enough to have made the money due 
 thereon. 
 
 3. Petitioner has upon more than one occasion pointed out 
 to said sheriff property of the defendant in said fi. fa. more than 
 sufficient to satisfy the same upon which to levy the same. 
 
 4. Said defendant sheriff has never yet made the money 
 upon said fi. fa., nor any part of said money. 
 
 Wherefore, petitioner prays a rule nisi directed to the said 
 defendant requiring him to show cause why he should not pay 
 over to petitioner or his attorney, instanter, the money due on 
 said fi. fa. or why, in default thereof, he should not be attached 
 for a contempt. 
 
 Attorney for plaintiff in fi. fa. 
 
 ATTACHMENT. 
 
 Georgia, County. 
 
 To the Coroner of said County : 
 
 A rule absolute having at the term, 19 . . . . , of the 
 
 Superior Court of said county, held on the day of , 
 
 19. . . ., been granted against , sheriff of said 
 
 county, requiring him to pay over (instanter) to 
 
 or his attorney, the sum of . . dollars, principal, the 
 
 sum of dollars, interest to the date of said rule, and 
 
 the further sum of dollars, costs, or in default that 
 
 he be attached, and he having made default : 
 
 You are therefore commanded to arrest the body of the said 
 
 , sheriff as aforesaid, and commit him to the 
 
 common jail of said county, there to be confined and safely kept, 
 without bail, until he purge himself of the contempt aforesaid,
 
 SALES 743 
 
 by pay ing over the aforesaid sums of money to the said , 
 
 or his lawful attorney. 
 
 Witness the honorable , judge of said court, this 
 
 day of , 19 
 
 Judge of Superior Court. 
 
 SALES. 
 
 PRIVATE, 4106-4143. PUBLIC, 6051-6077. 
 
 CONTRACT AND ESCROW DEED. 4183. 
 
 Georgia, County. 
 
 This contract made and entered into this day of , 
 
 19 . . . , between , party of the first part, and 
 
 , party of the second part, each party being of 
 
 said State and county, witnesseth: 
 
 Whereas, said party of the first part has this day entered into 
 an agreement with party of the second part, whereby party of 
 the first part sells to the said party of the second part, the fol- 
 lowing described property : [here describe the property] , at and 
 
 for the price and sum of $ , of which $ is 
 
 this day in hand paid to the party of the first part by the party 
 of the second part, and the remainder, to wit,' the sum and 
 
 amount of $ '. ., is to be paid on or by the day of 
 
 ,19.... 
 
 !N"ow the party of the first part herewith this day makes and 
 executes his escrow deed in and to said property and conveying 
 the same to the said party of the second part, and by agreement 
 
 of the parties, said deed is to be deposited with ... 
 
 the cashier of bank, to be held by him in escrow, 
 
 and when the said party of the second part shall pay to said 
 
 cashier $ , the remainder of said purchase money, 
 
 then in such case the said cashier is to deliver said escrow deed 
 to said party of the second part, and said sale and conveyance 
 is to be then and thereby fully completed and consummated. 
 But if the said party of the second part shall fail within said 
 time, that said deed is to remain in escrow as agreed, to pay to
 
 744 SALES 
 
 the said cashier the said remainder of the said purchase money, 
 then in such case the party of the first part shall have the right 
 to take said deed out of escrow and to keep the money hereto- 
 fore paid by party of the second part to him as part of the pur- 
 chase money, and all right and interest of the said party of the 
 second part in and to this contract shall terminate and be at an 
 end. This contract is made in triplicate, each one of which 
 shall be original evidence of this contract. In witness whereof 
 said parties have hereunto set their hands and affixed their seals, 
 the day and year first above written. 
 
 ........................ ....... (L.S.) 
 
 Signed, sealed and delivered in the pres- 
 ence of: 
 
 ..J. P. 
 
 (NOTE: Deed placed in escrow can be drawn as ordinary warranty 
 deed.) 
 
 EECEIPT OF HOLDER FOR ESCROW DEED. 
 
 Georgia, County. 
 
 < ,19...-. 
 
 I, , cashier of bank, of the city 
 
 of , in the state of , having read over 
 
 the foregoing contract and agreement, hereby acknowledge re- 
 ceipt of said deed, and agree and undertake to hold said deed 
 in escrow according to the terms therein set out, and to deliver 
 said deed upon the conditions only as therein agreed. My re- 
 ceipt is made in triplicate, each one of which shall be original 
 evidence of the same, and I acknowledge that I have received 
 one of the triplicate copies of said contract between the parties. 
 
 Cashier. 
 
 PETITION TO SELL PERISHABLE PROPERTY. 6068. 
 
 Georgia, County. 
 
 To , Judge of the Superior Court: 
 
 The petition of shows to your Honor the follow- 
 ing facts : 
 
 1. That a fi. fa. issued from the superior court of said county
 
 SALES 745 
 
 in favor of petitioner against , at the 
 
 term, 19 . . . . , of said court, and the same has been levied by the 
 sheriff of said county upon certain property which is liable to 
 deteriorate in value, and there is attendant expense in keeping 
 the same, to wit [here set out and describe the property] . 
 
 2. Petitioner shows that defendant in fi. fa. has failed to 
 replevy said property, and the same now remains in the hands 
 of the said sheriff. 
 
 Wherefore, petitioner prays that your Honor grant an order 
 requiring the defendant to show cause before your Honor, after 
 three days' notice to him, why an order should not be passed 
 authorizing the sheriff to sell said property after having adver- 
 tised the same for ten days as provided by law. 
 
 Attorney for plaintiff in fi. fa. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , the subscriber, who, being duly sworn, on oath 
 
 says that the facts and things stated in the foregoing petition are 
 true. 
 
 Sworn to and subscribed before me, this 
 day of , 19.... 
 
 ORDER TO SHOW CAUSE. 
 
 Office of Judge of Superior Court. 
 
 At Chambers, , 19 .... 
 
 The foregoing petition having been considered, it is ordered 
 
 that , the defendant in fi. fa,, show cause before 
 
 me at my office in the courthouse on the day of , 
 
 19 , at nine o'clock, a. in., why the prayer of petition should 
 
 not be had and allowed, and an order made for the sale of s:iM 
 property as prayed. 
 
 ,linli;-f Siipei'ior Court.
 
 746 SALES 
 
 ORDER FOR SALE. 6068. 
 
 Office of Judge of Superior Court. 
 
 At Chambers, , 19 .... 
 
 The above and foregoing petition coming on for a hearing, 
 and it appearing that said property is liable to deteriorate in 
 value, and that there is expense attending the keeping of the 
 same, and the defendant in fi. fa. having been served with a 
 
 copy of the petition and my former order days before 
 
 this hearing, it is considered, ordered and adjudged that , 
 
 the sheriff be, and he is, hereby directed, after days' ad- 
 vertisement according to law, to sell said property at the court- 
 house door at the usual place of sheriff's sales. 
 
 Judge Superior Court. 
 
 OPTION TO PURCHASE. 
 
 Georgia, County. 
 
 Received of the sum of dollars, 
 
 and in consideration thereof I hereby agree and bind myself that 
 
 if the said shall at any time within . 
 
 from this date pay to me the sum of dollars, then, 
 
 upon the payment of said amount, I bind myself, my heirs and 
 
 assigns, to execute to said , or his assigns, good 
 
 and sufficient warranty titles in and to the following described 
 lands : . .... 
 
 This option to purchase shall expire if the money is not paid 
 
 within from this date. 
 
 In testimony whereof, I have set my hand and affixed my seal, 
 
 this day of , 19. ... 
 
 [L.S.] 
 
 Conditional sale. Contract here between a sewing machine company 
 and another was held to be a contract of conditional sale with title 
 reserved in the company, though the contract is called, throughout, 
 a "rent contract," or a "lease," and all the payments to be made 
 were designated as "rent."" 17 App. 517 (87 S. E. 719). 
 
 Description of land in contract of sale is sufficiently definite where 
 premises are so described as to indicate the grantor's intention to 
 sell a particular lot of land. 145/65 (1) (88 S. E. 960). Contract 
 which does not identify articles is not contract for sale of goods.
 
 SCIEE FACIAS 747 
 
 128/698 (58 S. E. 200). Thing sold is not identified where pur- 
 chaser had the right to select one or more of four kinds of roofing 
 12 App. 537, 539 (77 S. E. 829). 
 
 Duress. Plea must state fact constituting duress 1 ADD 800 (57 
 S. E. 944). 
 
 Option to buy, contract for, not unilateral. 123/190 (57 S. E. 285). 
 Effect of paper reciting that A. had rented certain lands of B., 
 "with the refusal to buy it," etc. 123/201 (51 S. E. 436). 
 
 Resale. Notice of intention to resell need not state time and place. 
 126/834 (56 S. E. 88). 
 
 SCIRE FACIAS 
 
 5609-5611, 5692, 5975-5979, 6514. 
 
 ORDER FOB Sci. FA. TO ISSUE. 5609. 
 
 (State the case.) 
 
 Complaint in Superior Court. 
 
 Returnable to the Term, 19. . . ., of said county. 
 
 It appearing to the court that , the defendant in 
 
 the above-stated case, departed this life on the day of 
 
 , 19. . . ., and that his death has been suggested of 
 
 record, and that , on the day of , 
 
 19. . . ., duly qualified as executor of the estate of said deceased, 
 it is .ordered that the writ of scire facias issue requiring said 
 
 to show cause before me, at judge's chambers, at 
 
 nine o'clock on the day of , 19. . . ;, at the court 
 
 house of said county, why he should not be made a party to 
 said cause. 
 
 This day of ,19 
 
 (NOTE: The rule may issue either in term time or vacation, and 
 the answer thereto may be heard in term of vacation. 5601). 
 
 WRIT. 
 
 (State the case.) 
 
 Complaint in Superior Court. 
 
 Returnable to the Term, 19 , of said county. 
 
 To All and Singular the Sheriffs of said State: 
 
 The defendant, , having departed this life dur-
 
 748 SCIRE FACIAS 
 
 ing the pendency of the above-stated case, and his death having 
 been suggested of record, and having duly quali- 
 fied as executor of the estate of said deceased, on the 
 
 day of , 19 . . . . ; you are, therefore, hereby commanded 
 
 to serve the said with a copy hereof, and let him 
 
 be and appear before the undersigned in vacation, at chambers, 
 
 on the day of , 19. . . ., at nine o'clock, a. m., 
 
 to show cause, if any he has, why he should not be made a party 
 defendant to said action and the case proceed against him as 
 executor as aforesaid. 
 
 Witness the honorable ., judge of the Superior 
 
 Court for said county, this day of , 19 .... 
 
 Clerk, 
 
 (NOTE: The clerk should make out copies of the sci. fa., which 
 should be served personally by the sheriff of the county in which 
 the party to be notified may reside, twenty days before the date fixed 
 for the hearing, if at chambers, or twenty days before the sitting of the 
 court to which it is made returnable, and the original returned to the 
 clerk of the court from which it issued; an original and copy shall 
 issue in each county in which any party to be notified may reside. 
 5976. If the defendant, or party to be notified, resides out of this 
 State he should be served with scire facias, by publication in some 
 public gazette of this State twice a month for two months previous 
 to the term of the court to which sci. fa. is made returnable. 5977.) 
 
 ORDER MAKING EXECUTOR A PARTY DEFENDANT. 
 
 (State the case.) 
 
 Complaint in Superior Court. 
 
 Returnable to the Term, 19 .... 
 
 It appearing to the court that , executor of the 
 
 estate of , deceased, has been duly served with a 
 
 scire facias in the above-stated case, requiring him, as executor 
 as aforesaid, to show cause before me in vacation at judge's cham- 
 bers, on the day of , 19. . . ., at nine o'clock, 
 
 a. m., why he should not be made a party defendant in the said 
 cause; and no sufficient cause appearing why he should not be 
 
 made a party defendant in lieu of , the deceased 
 
 defendant ; . it is, therefore, ordered that said , 
 
 executor as aforesaid, be, and he is, hereby made a party defend-
 
 SCIBE FACIAS 749 
 
 ant, and said cause is ordered to proceed against him as such 
 executor. 
 
 This day of , 19 
 
 J.S.C.. '.'.C.' 
 
 PETITION FOR SCIKE FACIAS TO REVIVE DORMANT JUDGMENT. 
 
 Georgia, .County. 
 
 To the Superior Court of said County : 
 
 1. The petition of shows that on the 
 
 day of , 19. . . ., being at the regular term, 
 
 19. . . . , of the Superior Court of said county, a judgment was 
 
 entered in his favor against for the sum of 
 
 dollars, attorney's fees, and dollars, costs of 
 
 suit, upon which said judgment afterwards, to wit, on the 
 
 day of , 19. . . ., execution was issued by the clerk of 
 
 said Superior Court, \vhich execution was placed in the hands 
 of the sheriff of said county, who returned said execution, to 
 
 wit, on the day of , 19. . . ., with an entry of 
 
 nulla bona endorsed thereon. 
 
 2. Petitioner shows that more than seven years have elapsed 
 since said entry was endorsed on said execution, and that said 
 judgment is now dormant. 
 
 3. Petitioner shows that the principal, interest, attorney's 
 fees and costs, for which judgment was returned and execution 
 issued as aforesaid have not been paid nor any part thereof. 
 
 Wherefore, petitioner prays that writ of sci. fa. may issue and 
 
 be served on said , requiring him to show cause 
 
 at the next term of the Superior Court to be held in and for said 
 county, on the day of , 19 , why said judg- 
 ment should not be revived. 
 
 Attorney for Petitioner. 
 
 WRIT. 5978. 
 
 (State the case.) 
 
 Scire Facias to revive dormant judgment. 
 
 Returnable to the Term, 19 
 
 To All and Singular the Sheriffs of said State: 
 
 The defendant, , is hereby required, personally
 
 750 SCIKE FACIAS 
 
 or by attorney, to be and appear at the next court to 
 
 be held in and for said county, on the day of , 19 . . , 
 
 to show cause why a certain judgment, rendered in favor of the 
 
 said on the day of , 19. . . ., at the 
 
 regular term, 19. . . ., of Superior Court 
 
 against said for the sum of dollars, 
 
 principal, dollars, interest to date of judgment, 
 
 dollars, attorney's fees, and dol- 
 lars, costs of suit, should not be revived as provided by law, as 
 in default of sufficient cause the court will proceed as to justice 
 shall appertain. 
 
 Witness the honorable , judge of the said court, 
 
 this day of , 19. ... 
 
 "Clerk'.' 
 
 ORDER REVIVING DORMANT JUDGMENT. 5978. 
 
 (State the case.) 
 
 Judgment rendered the term, 19. . ., of the Supe- 
 rior Court. Principal, $....; interest, $ .... to date of 
 
 judgment ; attorney's fees, $....; and costs of suit, 
 
 $ 
 .... 
 
 It appearing to the court in the above-stated case that scire 
 facias was duly issued and served upon. . , the de- 
 fendant in said judgment named, and no sufficient cause having 
 been shown why said judgment should not be revived, it is hereby 
 considered, ordered and adjudged by the court that said judg- 
 ment be, and the same is, hereby revived, for the sum of 
 
 dollars, principal, dollars interest to date of judgment, 
 
 dollars, attorney's fees, and dollars, costs of 
 
 suit, with lien from this date, and let execution issue accord- 
 ingly. Ordered further, that plaintiff do have and recover of 
 
 the said defendant the sum of dollars, the cost of this 
 
 proceeding. 
 
 This day of , 19 
 
 Judge Superior Court. 
 
 Amendment to scire facias to conform to rule nisi, by substituting 
 city court for superior court, in the recital of the condition of the 
 bond, was proper. 17 App. 691 (87 S. E. 1096).
 
 SET-OFF AND RECOUPMENT 751 
 
 SET-OPF AND RECOUPMENT. 
 
 4339-4353, 5668-5673. 
 
 PLEA OF SET-OFF. 
 
 (State the case.) 
 
 And now comes the defendant in the above-stated case and for 
 plea says : 
 
 That at the time plaintiff commenced the above-stated action 
 against the defendant, said plaintiff was, and still is, indebted 
 
 to the defendant in the sum of dollars, besides interest 
 
 upon the open account, a copy whereof 'is hereto attached, and 
 defendant prays that said sum may be set off against the plain- 
 tiff's demand, in diminishment thereof pro tanto. 
 
 [Or, defendant prays that said sum may be set off against 
 plaintiff's demand, and that he may recover judgment against 
 the plaintiff for the amount of the excess of his said demand over 
 that the plaintiff sued on.] 
 
 Attorney for Defendant. 
 
 PLEA OF RECOUPMENT. 
 
 (State the case.) 
 
 And now comes the defendant in the above-stated case, and 
 for plea says : 
 
 1. That on the day of , 19. . . ., the plain- 
 tiff sold and delivered to the defendant bushels of corn, 
 
 the price of which is the subject-matter of this action, at and 
 
 for the sum of dollars per bushel, as stated in the 
 
 above petition. 
 
 2.' That said contract was in writing, a copy of which is 
 hereto attached, marked "Exhibit A," said corn being intended 
 to be used by the defendant as seed corn with which to make 
 his crop for the year 19. . . ., and the plaintiff being expressly 
 notified of the special use to w r hich said corn was to be applied. 
 
 (a) That said plaintiff impliedly warranted said corn to be 
 merchantable and reasonably suited to the use intended. 
 
 3. Defendant avers that supposing said corn to be sound and 
 merchantable and reasonably suited to the use intended, defend - 
 ant did, in due season plant said corn, having carefully and skill-
 
 752 SHERIFFS 
 
 fully prepared his ground for that purpose ; that said corn was 
 old, damaged and unsound, and that owing to its damaged con- 
 dition it failed to come up, or yield any crop, but that the same 
 was wholly lost to the defendant. 
 
 (a) Defendant shows that he incurred a cost of 
 
 dollars in plowing and preparing his fields for the reception of 
 said seed corn, and for labor in planting the same. 
 
 (b) That the rent of the said defendant's land, which per- 
 force lay idle for said year of 19. . . ., because of the failure 
 to raise a crop thereon from said seed corn so planted as afore- 
 said was worth the sum of dollars, all to the damage of 
 
 the defendant in the aggregate sum of dollars, for 
 
 which sum defendant prays judgment over against said plaintiff. 
 
 Attorney for Defendant. 
 
 Assignment. Debt of plaintiff to another than defendant can not be 
 pleaded without alleging assignment. 18 App. 414, 415 (89 S. E. 
 339). 
 
 Distress warrant, plea of set-off to alleging against plaintiff in such 
 warrant items of indebtedness apparently independent of the rent 
 contract and not alleged to be connected with it, is not allowable. 
 143/181 (84 S. E. 438). 
 
 Plea. Set-off must be pleaded; agreement of plaintiff to allow a cer- 
 tain credit on account could not be proved without such plea. 
 18 App. 447 (89 S. E. 533). Set-off may be contested without plea 
 in reply. 18 App. 258 (89 S. E'. 381). Plea must specify items of 
 damage which defendant seeks to set up by way of recoupment. 
 118/836 (45 S. E. 675). Allegations in plea of recoupment must 
 be specific and certain. 124/671 (53 S. E. 205). 
 
 SHERIFFS. 
 
 4902-4920, 6026-6050. 
 
 JURY SUMMONS, SUPERIOR COURT. 
 
 Georgia, County. 
 
 To : 
 
 By virtue of the precept to me directed, you are hereby com- 
 manded to appear before the presiding judge, , 
 
 at the next Superior Court, to be held at the court house, in the 
 city of , in and for the county of , on
 
 SHERIFFS 753 
 
 the day of , 19. . ., at o'clock in the fore- 
 noon of that day, to be sworn as a petit juror. 
 
 Sheriff. 
 
 JURY SUMMONS, CITY COURT. 
 
 Georgia, County. 
 
 To : 
 
 By virtue of the precept to me directed, you are hereby com- 
 manded to appear before the presiding judge, honorable 
 
 at the next city court, to be held at the court house, in the city 
 
 of , in and for the county of , on the .... 
 
 day of , 19. . ., at o'clock, in the forenoon of 
 
 that day, to be sworn as a petit juror. 
 
 ''Sheriff.' 
 
 JURY SUMMONS FOR COURT OF ORDINARY. 
 
 Georgia, County. 
 
 To : 
 
 By virtue of the precept to me directed, you are hereby com- 
 manded to appear before the presiding judge, honorable 
 
 at the ordinary's court, to be held at the court house, in the city 
 
 of , in and for the county of , on the. . . . 
 
 day of , 19. . . ., at o'clock that day, to be 
 
 sworn as a juror. 
 
 Sheriff. 
 
 CERTIFICATE AS TO BAILIFF'S SERVICES. 
 
 This is to certify, that has served as bailiff upon 
 
 the present term of the Superior Court of county 
 
 days, to wit : on the 
 
 of , 19. . . ., and that no other certificate has been
 
 754 SHERIFFS 
 
 issued for the same. This day of , 19. . . . 
 
 Deputy Sheriff. 
 Approved : 
 
 j. s. a. !!c.' 
 
 SERVICE OF NOTICE OF LEVY ON LAND. 
 
 I have this day served . . , the defendant and ten- 
 ant in possession, with a copy of notice of this levy 
 
 This day of ,19 
 
 Deputy Sheriff. 
 
 ADVERTISEMENT OF SALE OF LAND LEVIED ON. 6062, 6063. 
 
 Will be sold at the court house door in said county on the first 
 
 Tuesday in , 19. . . . , within the legal hours of sale, 
 
 to wit: all that certain tract [describe the land levied on], with 
 improvements thereon, said land levied on as the property of 
 
 , to satisfy an execution issued on the day 
 
 of , 19. . ., from the court of 
 
 in said county, in favor of against 
 
 This day of ,19 
 
 "Sheriff.' 
 
 PAUPEK AFFIDAVIT OF PLAINTIFF, AS TO INABILITY TO PAY AD- 
 VERTISEMENT FEES. 6064. 
 
 Georgia, County. 
 
 ""I Fi. fa. returnable to 
 
 (State the case.) \- term > l9 ' ' >P ri P al > * ; j in ' 
 
 terest, $ ; attorney s fees, 
 
 J $ ; and costs, $ 
 
 In person before the undersigned, came , who 
 
 on oath says that he desires the above-stated fi. fa. to proceed 
 against the property of the above-named defendant, and that
 
 SHERIFFS 755 
 
 owing to his poverty he is unable to pay the costs of the adver- 
 tisement. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official Designation.) 
 
 ENTRY WHERE PROPERTY is CLAIMED. 
 
 having claimed the property described in the 
 
 foregoing levy and his claim having been sustained, the said levy 
 is dismissed. 
 
 This day of ,19 
 
 Sheriff. 
 
 ENTRY WHERE PROPERTY WAS EXEMPTED. 
 
 The defendant in fi. fa. having caused the property described 
 in the foregoing levy to be set apart under the homestead and 
 exemption laws of this State, and having exhibited to me a cer- 
 tified copy of the schedule of the property so set apart, the said 
 levy is therefore dismissed. 
 
 This day of ,19 
 
 Sheriff. 
 
 SHERIFF'S BILL OF SALE. 
 
 ,Ga., ,19... 
 
 vs. r In court of 
 
 No. Term, 19... 
 
 Mr 
 
 Bought of , Sheriff 
 
 At public sale, sold under and by virtue of a fi. fa. issued in 
 above stated case, the following property, to wit : 
 
 SHERIFF'S DEED. 
 (See ante, page 403.)
 
 756 SHEKIFFS 
 
 RECEIPTS. 
 
 Georgia, County. 
 
 After due and legal advertisement as required by law, the 
 property described in the attached levy was exposed for sale at 
 
 public outcry before the court house door, in city of ..'..." , 
 
 county, Georgia, on the first Tuesday in , 
 
 19. . , ., within the legal hours of sale, when and where the same 
 
 was knocked down to , for the sum of 
 
 dollars, he being the highest and best bidder, and the receipt of 
 said sum is hereby acknowledged. 
 
 This *. .., 19 
 
 Deputy Sheriff. 
 
 Received of ., sheriff, the sum of 
 
 dollars 
 
 This , 19 
 
 Plaintiff's Attorney. 
 
 Appropriated the following sums to the payment of costs and 
 
 expenses : Clerk's cost, dollars ; sheriff's services on 
 
 fi. fa., dollars; sheriff's commission on the sale of 
 
 the property, dollars ; sheriff's deed to property, 
 
 dollars ; sheriff's levy, dollars ; advertis- 
 ing fee, dollars ; total, dollars. 
 
 This '..., 19.... 
 
 Deputy Sheriff. 
 
 Received of , sheriff, the sum of 
 
 dollars in full of the clerk's cost on this fi. fa. 
 This , 19 
 
 "c. s.'c. 
 
 Appropriated the sum above mentioned to the payment of 
 sheriff's cost and expenses on this fi. fa. 
 
 Deputy Sheriff. 
 
 Deed made to above named purchaser 
 
 This , 19 
 
 Sheriff.
 
 TAX AND TAXATION 757 
 
 ENTRY OF PAYMENT BY SHERIFF WHERE SECURITY DESIRES TO 
 CONTROL Fi. FA. 
 
 Received of , as the security of , the 
 
 sum of dollars, being the principal, interest, attor- 
 ney's fees, and all costs due on the within fi. fa. 
 
 This day of ,19 
 
 Sheriff'.' 
 
 ENTRY OF DISMISSAL ON ORDER OF PLAINTIFF. 
 
 The foregoing levy dismissed by the order of the plaintiff. 
 This day of ,19 
 
 Sheriff. 
 
 TAX AND TAXATION. 504-540, 862-885, 914-1262. 
 
 ORDER LEVYING TAX FOR COUNTY PURPOSES. 513, 514. 
 
 Georgia, County. 
 
 By , ordinary of said county, sitting for county 
 
 purposes. 
 
 [Or by (set out names of county commissioners), commis- 
 sioners of roads 'and revenues for" said county, sitting for county 
 purposes.] 
 
 It is hereby ordered that cents on the $100 of the 
 
 taxable property of said county as per digest of 19. ... be, and 
 the same is, hereby levied, and that the same be collected by the 
 tax collector, for the following purposes, to wit: 
 
 1 cents on the $100 to pay the legal indebted- 
 ness due, or to become due during the year 19. ... or past dur. 
 
 2 cents on the $100 to build or repair court- 
 house or jail, bridges or ferries, or other public improvements, 
 according to contract. 
 
 3 cents on the $100 to pay sheriffs, jailers, or 
 
 other officers' fees, that they may be legally entitled to, out of the 
 county. 
 
 4 cents on the $100 to pay coroners' fees that 
 
 may be due them by the county for holding inquests.
 
 758 TAX AND TAXATION 
 
 5 cents on the $100 to pay the expenses of the 
 
 county, for bailiffs at court, non-resident witnesses in criminal 
 cases, fuel, servant's hire, stationery and the like. 
 
 6 cents on the $100 to pay jurors a per diem 
 
 compensation. 
 
 7 cents on the $100 to pay expenses incurred in 
 
 supporting the poor of the county, and as otherwise prescribed 
 \)y law. 
 
 8 cents on the $100 to pay charges for educa- 
 tional purposes, to be levied only in strict compliance with the 
 law. 
 
 9 cents on the $100 to pay the principal of the 
 
 public debt, falling due the present year, and to provide a sink- 
 ing fund for future installments for the bonded debt of said 
 county. 
 
 (a) cents on the $100 to pay any other lawful 
 
 charge against the county [specifying what the charge is.] 
 
 Making in the aggregate the said sum of cents on 
 
 the $100 on the taxable property of said county, for county pur- 
 poses for the year 19. ... 
 
 This day of ,19 
 
 Ordinary. 
 
 [Or the signature of the several county commissioners where 
 that tribunal has charge of county matters.] 
 
 OATH OF TAX RECEIVER. 1195. 
 
 "I swear that I will truly and faithfully perform the duties 
 of the receiver of the returns of taxable property, or of persons 
 or things specially taxed in the county to which I am appointed, 
 as required of me by the laws, and will not receive any return 
 but on oath or affirmment, and will before receiving returns care- 
 fully examine each, and will to the best of my ability carry out 
 all the requirements made upon me by the tax law. So help 
 me God." 
 
 NOTICE BY RECEIVER OF TAX RETURNS. 1197 (3). 
 
 Georgia, County. 
 
 The undersigned, receiver of tax returns, in and for said 
 county, will attend at , on the day of ,
 
 TAX AND TAXATION 759 
 
 19 . . . ., in the district, G. M., of said county, for the 
 
 purpose of receiving tax returns for the present year. 
 This day of , 19 
 
 Tax Receiver. 
 
 [NOTE. It is the duty of the receiver to give ten days' notice in 
 writing of the several times and places at which he will attend in the 
 several militia districts in the county for the purpose of receiving tax 
 returns, and to attend at such places at least three times in the time 
 allowed in which to make returns. 1197 (3, 4). And also to keep a 
 standing advertisement as to the day or days when he will be at the 
 county site for such purposes. 1197 (5).] 
 
 OATH OF TAX-COLLECTOR. 1206. 
 
 "I, the undersigned, tax-collector of the county of 
 
 do swear that I will faithfully discharge the duties required of 
 me by law as tax-collector, and that I will search out and make 
 a true return of all defaulters, and all property not found on 
 the tax receiver's digest, or not returned to the clerk of the 
 superior court by the fifteenth of August, and that I will pay 
 over all taxes collected by me, as required by law. So help me 
 God." 
 
 NOTICE BY COLLECTOR TO TAXPAYERS. 1211 (6). 
 
 Georgia, County. 
 
 The undersigned, the tax-collector of said county, will attend 
 
 at , in the district, G. M., on the 
 
 day of , 19. . . ., for the purpose of receiving the 
 
 taxes due in said district. 
 
 This day of ,19 
 
 Tax Collector. 
 
 The receiver is also bound to give ten days' notice of the days when 
 he will be at the court house for the purposes of receiving taxes. 
 1211 (6).
 
 760 TAX AND TAXATION 
 
 TAX-COLLECTOR'S Fi. FA. 1229. 
 
 Georgia, County. 
 
 By , tax-collector of said State and county. 
 
 To All and Singular the Sheriffs and Constables of this State : 
 
 You, and each of you, are hereby commanded that of the 
 goods and chattels (if any to be found), otherwise of the lands 
 
 and tenements, of , you cause to be made the sum of 
 
 dollars, the amount of the tax due the State of 
 
 Georgia by said for the year 19. . . ., by reason of 
 
 the non-payment of the tax of the said , as aforesaid, 
 
 as appears to me from the digest of the receiver of the tax re- 
 turns. And the sum of dollars, the costs and charges 
 
 incurred by the said in consequence of the non- 
 payment of the tax aforesaid. Herein fail not. 
 
 This day of ,19 
 
 ' T.'C. 
 
 RETURN BY THE SHERIFF. 
 
 No personal property to be found on which to levy this fi. fa. 
 This day of ,19 
 
 ' 'Sheriff. 
 
 LEVY ON LAND. 
 
 Levied this fi. fa. on lot of land [describe it], in the 
 
 district of county, as the property of the defend- 
 ant; and have given , the tenant in possession, 
 
 notice of said levy. 
 
 This day of. ,19 ' 
 
 'Sheriff. 
 
 ADVERTISEMENT OF SHERIFF. 
 
 Georgia, County. 
 
 On Tuesday the day of , 19. . . ., will be 
 
 sold at the courthouse door, between the lawful hours of sale, lot
 
 TAX AND TAXATION T<51 
 
 of land [describe it], in the district of said county, 
 
 or so much thereof as will be sufficient to satisfy the State tax 
 
 of for the year 19 . . . . , amounting to 
 
 dollars, principal, dollars interest, and 
 
 dollars, cost. Said lot of land contains acres, and is 
 
 well improved. 
 
 This day of , 19 
 
 Sheriff. 
 
 TAX DEED, $885, 1176. 
 
 Georgia, County. 
 
 This indenture, made this the day of , 19. . ., 
 
 between v ., commissioner, appointed by board of 
 
 commissioners of roads and revenues of said county, at the 
 
 term, 19. . ., sitting for county purposes, to make sale of certain 
 
 lands sold for taxes due the county of , and bid in 
 
 and held by said county for one year, and the owners having 
 
 failed to redeem the same: Now, therefore, I , 
 
 commissioner aforesaid, having advertised according to law the 
 real property hereinafter described, did put up and expose to 
 sale on the day of , 19. . . ., before the court- 
 house door in the town of , county, be- 
 tween the legal hours of sale, the following real property, to wit : 
 
 Levied on and sold and bid in by county, on the 
 
 day of , 19 . . . , as the property of , 
 
 under the tax fi. fa. for State and county taxes of said 
 
 for the year 19. . ., when , being the highest and 
 
 best bidder, the same was knocked down to at and 
 
 for the sum of dollars. 
 
 Now, this deed witnesseth, that the said , com- 
 missioner, for and in consideration of the sum of 
 
 dollars to him in hand paid, at and before the sealing and de- 
 livery of these presents, the receipt whereof is hereby acknowl- 
 edged, the said , commissioner as aforesaid, does 
 
 hereby bargain, sell and convey unto the said all 
 
 claim, ownership or title that the said county of 
 
 may or does have in and to the said above described real prop- 
 erty, as heretofore belonging to the said
 
 Y62 TENDER 
 
 In testimony whereof, said , commissioner afore- 
 said, has hereunto set his hand and affixed his seal the day and 
 year above written. 
 
 [Seal.] 
 
 Commissioner. 
 Signed, sealed and delivered in presence of 
 
 Allegation that within one year after tax said plaintiff tendered to one 
 who had taken title under the purchaser, "the amount of the pur- 
 chase-price of the property at the sale, plus ten per cent, interest 
 thereon from date," was demurrable in that it did not show the 
 amount of the purchase-price or of the tender; so also allegation 
 that as matter of fact the tender was of almost double the amount 
 of the purchase-price, in that it did not show the amount of such 
 tender. 145/652, 653 (7) (89 S. E. 821). 
 
 TENDER. 4322-4325. 
 
 PLEA. 
 
 (State the case.) 
 
 1. And now comes the defendant in the above stated case, 
 
 and for plea and answer says that he owes plaintiff 
 
 dollars on the account [or note] sued on, and no more. 
 
 2. That on the day of , 19 . . . . , in the store 
 
 of the plaintiff, at . . , in said county, before the 
 
 commencement of this action, defendant tendered said amount 
 to the plaintiff in legal tender notes of the currency of the 
 United States [or in gold and silver coin of the United States] 
 in payment of said sum, which tender was refused. 
 
 3. Defendant avers that he has always been, and is still, 
 ready and willing to pay said sum to the plaintiff, and now ten- 
 ders it and has the same in court [or now pays the same into 
 court], and this the defendant is ready to verify. 
 
 Alternative tender. Allegation in regard to tender by plaintiff to de- 
 fendant of "either of said mentioned amounts" (two amounts 
 previously stated) was vague and indefinite as to whether plaintiff 
 tendered each of these amounts or made an alternative tender. 
 141/825 (3) (82 S. E. 132).
 
 TIMBER AND TURPENTINE 763 
 
 Evidence of a tender of a cash payment and notes for property was 
 admissible to show plaintiffs right to property, without formally 
 pleading tender. 139/334 (77 S. E. 172). 
 
 Specific performance. Mere statement in prayer of offer and willing- 
 ness on part of plaintiff to pay balance due for a half interest in 
 land did not amount to an allegation of tender, or present suffi- 
 cient excuse for failure to make tender, so as to furnish a basis for 
 a prayer for specific performance. 141/114 (2-a) (80 S. B, 625). 
 
 Time. Plea should show time of making tender and a continuing and 
 present readiness to pay. 54/498. 
 
 TIMBER AND TURPENTINE. 1815-1843. 
 
 TIMBER LEASE. 
 
 Georgia, County. 
 
 This indenture, made this day of , 19 . . . . , 
 
 between , of the county of , and 
 
 the State of , of the first part, and , 
 
 of the county of , and State of. , of the 
 
 second part: 
 
 Witnesseth, that the said part. . of the first part, for and in 
 consideration of the sum hereinafter mentioned, ha. . granted, 
 bargained, demised, sold and leased, and by these presents do. . 
 grant, bargain, demise, sell and lease to the said part. . of the 
 
 second part, heirs and assigns, all and singular, the 
 
 timber suitable for purposes, growing on the follow- 
 ing described lots of land, to wit : t 
 
 The said part. . of the second part paying to the said part. . of 
 the first part the following sum for the use and privilege of said 
 timber, the receipt whereof is hereby acknowledged, to wit: 
 
 And it is expressly understood and agreed 
 
 by and between the parties hereto that the said part. . of the 
 second part is to have free use and enjoyment of the timber fw 
 the purposes aforesaid in the said lots of land for and during 
 
 the term of years from the. .... .day of x 
 
 19.... 
 
 the said part. , of the first part, ....... .heirs, execu-.
 
 764: TIMBER AND TURPENTINE 
 
 tors and administrators, the free an'd uninterrupted use and 
 enjoyment of said timber for the time aforesaid and for the 
 purpose aforesaid, unto the said part. . of the second part, 
 
 heirs, executors, administrators and assigns, against, 
 
 the said part . . of the first part, heirs, executors, administrators 
 and assigns, against the said part. . of the first part, heirs, 
 executors, administrators and all and every person or persons 
 whatever, shall and will warrant and defend by virtue of these 
 presents. 
 
 In witness whereof, the said part. . of the first part ha. . 
 
 hereunto set hand and affixed seal the day 
 
 and year first above written. 
 
 [SEAL.] 
 
 [SEAL.] 
 
 [SEAL.] 
 
 Signed, sealed and delivered in presence 
 of: 
 
 TURPENTINE LEASE. 
 
 Georgia, County. 
 
 This indenture, made this day of , 19. . ., 
 
 between , of the county of and 
 
 State of , of the first part, and , of 
 
 the county of and State of , of the second 
 
 part, Witnesseth, that the said part! . of the first part, for and 
 
 in consideration of the sum of dollars, to 
 
 in hand paid at and before the sealing and delivery of these 
 
 presents, the receipt whereof is hereby acknowledged, 
 
 ha . . granted, bargained, leased and conveyed, and do . . by these 
 presents grant, bargain, lease and convey, unto the said part. . 
 
 of the second part, heirs and assigns, at the rate 
 
 of , all of the timber upon the following described 
 
 tract of land for the purpose of boxing, working and otherwise 
 using said timber for turpentine purposes :
 
 TIMBER AND TURPENTINE 765 
 
 To have and to hold, box, work and otherwise use said timber 
 for turpentine purposes unto the said part. . of the second part, 
 heirs and assigns. And it is hereby expressly cove- 
 nanted and agreed that the said part. . of the second part may 
 commence boxing, working, or otherwise using the said timber 
 for turpentine purposes, or any portion thereof, at any time that 
 the said part. . of the second part may desire, and shall have 
 the right to continue to box, work, or otherwise use the said 
 timber and every other portion thereof for the full term of 
 three (3) years, beginning, with reference to each portion of 
 the timber, from the time only that the boxing and working of 
 each portion is commenced, it being the intention of the parties 
 that this lease shall continue to operate until all of the timber 
 and each and every part thereof has been boxed, worked and 
 otherwise used for turpentine purposes for the full period of 
 three (3) years. And it is hereby further covenanted and agreed 
 
 that the said part . . of the second part, heirs and assigns, 
 
 shall have the free and unrestricted .right to enter upon, occupy 
 and use the said land for the purpose of boxing, working and 
 otherwise using the timber thereon for turpentine purposes, as 
 aforesaid, during the continuance of this lease. And it is further 
 covenanted and agreed that said part. . of the second part may 
 have the right at any time to assign this lease in whole or in 
 part, and that any assignee of this lease shall have the same right 
 of assignment, and that all the rights and privileges of said 
 part . . of the second part shall vest in whomsoever may succeed 
 to the interest hereby conveyed to said part . . of the second part. 
 
 And the said part. . of the first part for heirs, executors 
 
 and administrators, the said granted and leased timber with the 
 right to box, work and otherwise use the same for turpentine 
 
 purposes unto the said part. . of the second part, heirs 
 
 and assigns, will forever warrant and defend. 
 
 In witness whereof, the said part. . of the first part ha. . 
 hereunto set hand and seal, the day and year first above 
 
 written. 
 
 (SEAL) 
 
 (SEAL) 
 
 Signed, sealed and delivered in the pres- 
 ence of:
 
 766 TROVER 
 
 TROVER. 4483, 4484, 4514-4517. 
 
 ACTION IN TROVER. 
 
 Georgia, County. 
 
 To the Superior Court of said County: 
 
 The petition of shows : 
 
 First. That of said county is in possession 
 
 of certain property, to wit : 
 
 of value of dollars, to which your petitioner claims 
 
 title. 
 
 Second. That said refuses to deliver the 
 
 above described property to your petitioner or pay him the 
 profits thereof. 
 
 Third. That the yearly value of said property is 
 
 dollars. 
 
 Wherefore, petitioner pra*ys that process may issue requiring 
 
 the said to be and appear at the next superior 
 
 court of said county to answer petitioner's complaint. 
 
 Petitioner's Attorney. 
 
 BAIL AFFIDAVIT. 
 
 Georgia, County. 
 
 In person appeared before the undersigned authority 
 
 -. . .who on oath, says that he is about to commence an 
 
 action of trover against , of said county, 
 
 returnable to the next term of the court of said 
 
 county, to recover the following property, to wit : 
 
 , the same being the property of petitioner, and of 
 
 the value of dollars; that said property is now in 
 
 the possession, custody and control of the said 
 
 and that he has reason to apprehend that said -property will be 
 eloigned and moved away, and will not be forthcoming to answer 
 the judgment that may be made in said case ; that he claims for 
 
 the hire of said property from the day of to 
 
 the day of the sum of dollars,
 
 TROVER Y67 
 
 and that he does verily and bona fide claim said described 
 property. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 (Official designation.) 
 
 PROCESS. 
 
 Georgia, County. 
 
 vs. 
 
 To the Sheriff of said County, or his Legal Deputies : 
 
 The defendant, , is hereby required per- 
 sonally or by an attorney, to be and appear at the next 
 
 court, to be holden in and for said county on the day 
 
 of next, then and there to answer the plaintiff's 
 
 complaint, to which this process is annexed, as in default thereof 
 the court will proceed as to justice shall appertain. 
 
 Witness the honorable ., judge of said court, 
 
 this the day of , 19. ... 
 
 , Clerk. 
 
 SHERIFF'S RETURN. 
 
 I have this day served the defendant, , per- 
 sonally with a copy of the within writ, this the day 
 
 of ,19.... 
 
 Sheriff County, Ga. 
 
 -ORr- 
 
 I have this day served the defendant, , with 
 
 a copy of the within writ by leaving the same at the residence 
 of the defendant. 
 
 This day of , 19 
 
 Sheriff, County, Ga.
 
 768 TROVER 
 
 BAIL BOND FOR PLAINTIFF. 
 
 Georgia, ....... County. 
 
 We, , as principal, and , 
 
 as security, acknowledge ourselves bound unto 
 
 in the sum of dollars, subject to the following 
 
 conditions : having instituted his 
 
 action returnable to the next term of the court of 
 
 said county, for the recovery of certain personal property, to 
 
 wit : , 
 
 and of the value of dollars, and required bail of 
 
 said , and , of said county, 
 
 having seized said property, and the said having 
 
 failed to give the bond required by law in such cases provided, 
 
 and the said desiring to take said property into 
 
 his possession. Now, should said produce or 
 
 cause to be produced and forthcoming the said property to answer 
 the judgment that may be entered in said case, and shall well 
 and truly pay the eventual condemnation money, whatever it 
 may be, then this bond to be void. 
 
 Witness our hands and seals, this the day of , 
 
 19.... 
 
 , Principal (SEAL) 
 
 , Security (SEAL) 
 
 Executed in the presence of and approved 
 
 by 
 
 Sheriff. 
 
 BAIL BOND FOR DEFENDANT. 
 
 Georgia, County. 
 
 We, , as principal, and , as 
 
 security, acknowledge ourselves jointly and severally bound unto 
 
 , his heirs and assigns, in the sum of 
 
 dollars, for the payment of which we bind our- 
 selves, our heirs, executors an$ administrators, by these presents. 
 
 Signed, sealed and dated this the day of . . . , , 
 
 19 
 
 The condition of the above obligation is as follows : 
 
 having instituted his action against 
 
 for the recovery of certain personal property, to wit : 
 
 . , and of
 
 TROVER 769 
 
 the value of dollars, and the hire of said 
 
 property from the day of to the day 
 
 of , of the alleged value of dollars, 
 
 which action is returnable to the next term of court of said 
 county, and he having made oath that he has reason to believe 
 that said property will be eloigned and moved away, and will 
 not be forthcoming to answer the judgment that may be made 
 
 in said case. Now, should the said produce 
 
 or cause to be produced and forthcoming the said above described 
 personal property, to answer the judgment that may be made in 
 said case, and shall well and truly pay the eventual condemna- 
 tion money, whatever it may be, then this bond to be void, else 
 of force. 
 
 , Principal (L. S.) 
 
 , Security (L. S.) 
 
 Executed in the presence of and approved 
 
 by me 
 
 Sheriff. 
 
 JUDGMENT ON ELECTION OF PLAINTIFF TO TAKE AN 
 ALTERNATIVE VERDICT. 
 
 (State the case.) 
 
 Whereupon it is considered, ordered and adjudged by the 
 
 court that , the plaintiff in the above stated 
 
 case, do have and recover of , the defendant 
 
 therein, the sum of dollars and cents, 
 
 principal debt, and dollars and cents, 
 
 costs of suit ; which said principal debt may be discharged upon 
 the delivery of the property in controversy to the plaintiff within 
 davs from this date. 
 
 This "day of , 19 
 
 Plaintiff's Attorney. 
 
 JUDGMENT ON THE ELECTION OF PLAINTIFF TO TAKE 
 PROPERTY RECOVERED. 
 
 (State the case.) 
 , Whereupon, it is considered, ordered and adjudged by the 
 
 court that , the defendant in the above-stated 
 
 case, deliver to.' , the plaintiff therein, the
 
 770 TRUSTS AND TRUSTEES 
 
 property in controversy ; and it is further ordered and adjudged 
 that the said plaintiff do have and recover of the said defendant 
 
 the sum of dollars and cents for costs. 
 
 This day of ., 19 
 
 Plaintiff's Attorney. 
 
 Amendment. Defect in petition in that it did not set out with suffi- 
 cient specification the articles of personalty sued for was cured 
 by amendment here. 145/674 (1) (89 S. E. 747). Petition here 
 which prayed for judgment for value of property with interest 
 from date of unlawful conversation was an action ex delicto, and 
 could not be changed by amendment into an action ex contractu. 
 145/847 (90 S. E. 63). Where, by an amendment, defendant struck 
 from his answer all admissions dispensing with proof, burden was 
 upon plaintiff to show either demand and refusal, or conversion, by 
 defendant. 17 App. 529 (1) (87 S. E. 808). Amendment tendering 
 sum as due defendant, not allowable, when. 127/488 (56 S. E. 622). 
 
 Cause of action stated, where petitioner alleged possession by defend- 
 ant's ownership by plaintiff, refusal to deliver by defendant, and 
 value of property, and identified it. 123/257 (51 S. E. 314) ; 125/827 
 (54 S. E. 697). 
 
 Demand for property was implied from allegation of refusal to deliver 
 same. 15 App. 678, 679 (5-a) (84 S. E. 165). Not necessary to 
 allege that plaintiff, before suit, demanded possession of defendant 
 and that defendant refused to comply, where petition alleges that 
 defendant is in possession, and it does not appear that he lawfully 
 acquired such possession. 139/736 (78 S. E. 123). 
 
 Title. Petition containing no averment that title was not in defendant, 
 or that defendant was not entitled to possession, or that plaintiff 
 had either the title or right of possession, no cause of action was 
 set forth. 17 App. 469 (1) (87 S. E. 692). 
 
 TRUSTS AND TRUSTEES. 3728-3791. 
 
 APPLICATION FOE APPOINTMENT OF TRUSTEE. 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior 
 
 Court of the Circuit : 
 
 1. The petition of , of said county, shows 
 
 that , her husband, on the day of 
 
 -...., 19 . . . . , purchased, as trustee, from one 
 
 , a certain tract of land lying in said county.
 
 TRUSTS AND TRUSTEES 771 
 
 (a) The beneficiaries named under said trust, were peti- 
 tioner, and and , her children, 
 
 as will more fully appear by reference to the copy of the deed 
 
 executed by the said to petitioner's husband, 
 
 as trustee as aforesaid, which is hereto attached and marked 
 "Exhibit A," and made a part of this petition. 
 
 2. Petitioner shows that subsequently, to wit, on the 
 
 day of , 19 . . . . , the said , trustee 
 
 as aforesaid under due authority of law, sold said land to one 
 for the sum of '..... dollars. 
 
 3. Petitioner shows that said died on 
 
 the day of , 19 . . . . , leaving to his credit 
 
 as trustee as aforesaid the sum of dollars on 
 
 deposit in the bank of , the same 
 
 being the proceeds of the sale of said land. 
 
 4. That at the time of the death of the said 
 
 there were living, the children of petitioner, to wit : [state their 
 names and ages] , and. there being a vacancy in the trust, it is 
 to the interest of the said estate that a trustee shall be appointed. 
 
 5. Petitioner shows that , of said county, 
 
 is a suitable and proper person to be appointed as trustee, and 
 she prays an order appointing him trustee for her and her said 
 children, of the fund aforesaid, and to hold the same to the same 
 uses as under the deed executed by petitioner's husband to the 
 said was set out and declared. 
 
 This day of , 19 
 
 Petitioner's Attorney. 
 
 CONSENT OF BENEFICIARIES TO APPOINTMENT. 
 
 Georgia, County. 
 
 We, the undersigned, the beneficiaries named in the foregoing 
 
 application, unite in the selection of as trustee, 
 
 in the place of , deceased. 
 
 This day of , 19
 
 772 TRUSTS AND TRUSTEES 
 
 ORDER APPOINTING TRUSTEE. 
 
 p ^o-fft ") Application for appointment of trustee. 
 
 [ In the Superior Court of County, 
 
 3 at Chambers, . . . . , 19. ... 
 
 Read and considered : It appearing to the court that it is to 
 the interest of the trust estate mentioned in the foregoing appli- 
 cation that a trustee shall be appointed to fill the vacancy 
 
 occasioned by the death of 7 , and it further 
 
 appearing that is a suitable and proper person 
 
 to be appointed as such trustee, it is further ordered that said 
 
 be, and he is, hereby appointed trustee, in 
 
 accordance with the terms and provisions of the trust deed men- 
 tioned in the foregoing petition and attached thereto, upon his 
 
 giving bond, with good security, in the sum of 
 
 dollars, payable to, and approved by, the ordinary of said county. 
 
 And upon his filing such bond, the said is 
 
 directed and authorized to take charge of the funds, standing to 
 
 the credit of , as trustee, deceased, in the bank 
 
 of , and to administer the same according to the 
 
 law and the terms of the trust. Let these proceedings be returned 
 
 tc the clerk of the Superior Court of the county of , 
 
 and be recorded in the book of minutes of said court. 
 
 J.S.C.. ..C. 
 
 (NOTE: If cestui que trustent are minors, they must be served by the 
 sheriff with a copy of the petition and order nisi calling on them to 
 show cause, and guardian ad litem appointed for each of them before 
 the order is taken upon the trustee.) 
 
 BOND OF TRUSTEE. 
 
 Georgia, County. 
 
 Know all men by these presents, that the undersigned,. . . . . . 
 
 , as principal, and . . . , and , 
 
 as securities, are held and firmly bound unto , 
 
 ordinary of said county, and his successors in office, in the sum 
 
 of dollars, for the true payment of which the 
 
 undersigned bind themselves, their heirs and assigns, firmly by 
 
 these presents. Signed, sealed and dated this day 
 
 of , 19. ... The condition of the foregoing
 
 TRUSTS AND TRUSTEES 773 
 
 obligation is as follows: Should the said well 
 
 and truly perform all his duties as trustee of and 
 
 and agreeably to law, and the order 
 
 of his appointment as before set forth, then this bond to be void, 
 else of force. 
 
 , Principal [SEAL] 
 
 , Security [SEAL] 
 
 , Security [SEAL] 
 
 Executed in the presence of and approved 
 
 by 
 
 Ordinary. 
 
 APPLICATION FOR SALE OF TRUST PROPERTY AND REINVEST- 
 MENT OF TRUST FUNDS. 3T55-3T65. 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior 
 
 Court of said County: 
 The petition of respectfully shows : 
 
 1. That heretofore, to wit, on the day of , 
 
 19 . . . . , , . . , then of the county and State of 
 
 , executed and delivered to petitioner his deed for 
 
 a certain tract or parcel of land [describe the land as set out in 
 the deed, or will, as the case may be,], to be held by petitioner 
 in trust for the sole use, benefit and advantage of [set out the 
 names of the beneficiaries], as will more fully appear by refer- 
 ence to the copy of said trust deed [or will] hereto attache I, 
 marked "Exhibit A," and made a part of this petition. 
 
 2. That the beneficiaries of said trust are as follows: [set 
 out their names and ages, and places of their respective rrn 
 dences]. 
 
 3. That petitioner desires to sell certain of said property, 
 covered by said trust deed [or will], [here describe the property 
 desired to be sold for reinvestment]. 
 
 4. Petitioner shows that the sale of the said lands, and the 
 
 reinvestment of the proceeds thereof, in is to the 
 
 interest of the beneficiaries of said estate, and petitioner presents 
 the following reasons as justifying and requiring the change of 
 investment now sought: [set out fully the reasons for making 
 the proposed change].
 
 774 TRUSTS AND TRUSTEES 
 
 Wherefore, petitioner prays an order authorizing him, as 
 trustee as aforesaid, to sell and dispose of said trust property, 
 either by public or private sale, as may seem to petitioner best 
 for the interest of the said cestui que trust, and that petitioner 
 may be permitted to invest the proceeds of the said sale in the 
 purchase of the property hereinbefore described under the same 
 conditions and limitations, and for the same uses and trust 
 imposed by the deed of trust [or will] as aforesaid [and that a 
 
 guardian ad litem be appointed to protect the interest of 
 
 and hereinbefore mentioned in this 
 
 proceeding, and who are minors]. 
 
 This day of 
 
 Petitioner's Attorney. 
 
 AFFIDAVIT OF TRUSTEE. 
 
 Georgia, County. 
 
 Personally before the undersigned, an officer authorized to 
 
 administer oaths in this State, came , who on 
 
 oath says that the statements in the foregoing petition are true, 
 and that in his opinion the disposition of the trust property as 
 therein prayed for is for the best interests of the cestui que trust. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 Descriptio personae. Suffix to signatures, "Trustees of B. S. & D. of 
 .Hebrews^ No. 52," is but descriptio personae. 143/513 (1) (85 S. E. 
 708). Where library trustees made a personal loan of a donation 
 of money made to a municipality for library purposes, taking a note 
 payable to J., W. and M., "library trustees, their successors, or 
 order," the words "library trustees," in suit brought by the payees 
 in their own name, with the added words "librarv trustees," were 
 mere words of description and surplusage. 145/768 (1) (89 S. E. 
 840). 
 
 Express trust must be in writing, but petition to enforce it need not 
 allege it was. 121/548 (49 S. E. 593). 
 
 Mortgage. Application for order to mortgage need not contain a copy 
 of the trust deed or other instrument by which trustee was appoint- 
 ed. 104/417 (30 S, E. 895).
 
 TRUST COMPANIES USURY WILLS 775 
 
 TRUST COMPANIES. 
 
 (See ante, page 318.) 
 
 USURY. 3427, 3428, 3436-3445. 
 
 PLEA. ^ 
 
 (See Interest and Usury, ante, p. 567.) 
 
 WILLS. 3827-3928. 
 
 SHORT FORM OF WILL. 3846-3852. 
 
 Georgia, County. 
 
 I, John Doe, of said county, being of sound and disposing 
 mind and memory, do make this my last will and testament, 
 hereby revoking any and all others that I have heretofore made. 
 
 ITEM 1. It is my will and desire that my body be buried in 
 a Christian-like manner, the place and details of which I leave 
 to my wife. 
 
 ITEM 2. It is my will and desire that all of my just debts 
 be paid as soon as practicable after my death. 
 
 ITEM 3. I will, bequeath, and devise all of my property, 
 both real and personal, of whatever kind and wherever situated, 
 to my wife, Mary Doe, to be hers absolutely and in fee simple 
 forever. 
 
 ITEM 4. I hereby make my wife, Mary Doe, executrix of 
 this will, and I relieve her from making any inventory of my 
 property or appraisement, or from giving any bond, and she is 
 required only by this will to probate the will, and she is further 
 relieved from making any returns of her acts and doings to any 
 court whatever. 
 
 This day of , 19. ... 
 
 JOHN DOE. (SEAL). 
 
 Declared, published, signed and sealed by John Doe as his 
 last will and testament, in the presence of the undersigned as 
 witnesses, he first signing in our presence, and we then, at his 
 special instance and request, signing in his presence and in the 
 
 presence of each other. This day of , 19 .... 
 
 RICHARD ROE. , 
 JOHN SMITH. 
 SAM JONES.
 
 776 WILLS 
 
 ANOTHER FORM OF WILL. 
 
 Georgia, County. 
 
 I, John Doe, of said State and county, being of sound and 
 disposing mind and memory, do make this my last will and 
 testament, hereby revoking all others that I have heretofore 
 made. 
 
 ITEM 1. It is my will that my body be buried in a decent 
 
 and Christian-like manner in the cemetery of said 
 
 county, upon the lot that I have heretofore provided. 
 
 ITEM 2. It is my will and desire that my just debts be paid 
 as soon as practicable after my death. 
 
 ITEM 3. I will, bequeath and devise all of my property, both 
 real and personal, of whatever kind and wherever situated, to 
 my beloved wife, Mary Doe, for her use and benefit for and 
 during her natural life, or until she should marry again, if she 
 should so wish, and she has the right to sell, borrow money on, 
 dispose of, do anything in reference thereto that she may deem 
 proper, without any order of court, and without the consent, 
 control or interference with her by any other person, subject 
 only to the obligation upon her to pay the taxes, keep the prop- 
 erty insured and preserve it in such way as she may deem best 
 and proper, without any liability to any other person for waste 
 or mismanagement. 
 
 ITEM 4. At the death of my said wife, or at the time she 
 should marry again, if she should so far forget my memory and 
 wish so to do, it is my will and desire that all of my property, 
 both -real and personal, not disposed of by my said wife and 
 not used by her under the provision of Item 3 of this will, be 
 sold by my executor hereinafter named, and the proceeds of 
 the same be divided between my said wife and my four children, 
 to wit, Sarah Doe, Richard Doe, Frank Doe and Henry Doe, 
 share and share alike, under this provision my wife and each 
 one of said children to receive one-fifth of my estate, and in the 
 event any one of my said children should die leaving children, 
 then such child or children to have and take the one-fifth share 
 going to its parent, per capita, as between themselves, if more 
 than one child of such deceased parent. 
 
 ITEM 5. It is my will and desire, and I so intend, that the 
 provision made in Item 3 of this will for my wife, and the 
 jnterest therein conveyed to my wife, shall be in lieu of dower 
 and year's support, and before taking under said item I enjoin 
 my wife to file an express renunciation of her right to dower
 
 WILLS 777 
 
 and a year's support, and in the event that she should fail and 
 refuse so to do, then this will shall be effective in the same way 
 and to the same extent as if she had died or married again, and 
 the property is then and at that time to be disposed of as' pro- 
 vided in Item 4 of this will. 
 
 ITEM 6. I hereby name and appoint my wife, Mary Doe, as 
 executrix of this will, and I hereby expressly relieve her of 
 making any inventory or appraisement of my estate, or from 
 giving any bond or making any returns to any court, and all 
 that is required of her under this will is to probate the same, 
 and then enter upon and take charge of all my property, as 
 provided in Item 3 of this will. 
 
 This day of , 19 
 
 JOHN DOE. (SEAL). 
 
 Signed, sealed, declared, and published by John Doe as his 
 last will and testament, in the presence of the undersigned as 
 witnesses thereto, being called individually and specially by 
 John Doe as witnesses to this will, he first signing the same in 
 our presence, and we then signing as witnesses in his presence 
 
 and in the presence of each other. This day of 
 
 ,19.... 
 
 RICHARD ROE, 
 SAM JONES, 
 FRANK JONES. 
 
 ANOTHER FOJRM OF WILL. 
 
 Georgia, County. 
 
 I, , of said State and county, being of sound 
 
 and disposing mind and memory, do make this my last will and 
 testament, hereby revoking and annulling all others, by me 
 heretofore made. 
 
 1. I desire and direct that my body be buried in a decent 
 and Christian-like manner, suitable to my circumstances and 
 condition in life. 
 
 2. I desire and direct that all my just debts be paid without 
 unnecessary delay, by my executor hereinafter named and ap- 
 pointed. 
 
 3. I give, bequeath and devise to my wife, , 
 
 the lot of land, with the improvements thereon situate on 
 
 street, in the city of , being the family residence, with 
 
 all the rights, members and appurtenances to the said lot of
 
 T78 WILLS 
 
 land in anywise belonging, free from all charge and limitation 
 whatever ; to her own proper use, benefit and behoof forever, 
 with full power to dispose of the same by will or otherwise as 
 she may deem proper. I also give and bequeath to my said wife, 
 in the same unreserved manner, all my household and kitchen 
 furniture of every sort whatsoever, and my carriage and horses. 
 
 4. I give, bequeath and devise to my said wife, for and 
 
 during her natural life my five-story brick building on 
 
 street, an the city of , known as the "Marble Build- 
 ing," giving and granting to my said wife the rentals thereof, 
 after paying all expenses, including insurance and repairs on 
 said building, for and during her natural life as aforesaid, with 
 
 remainder over, at her death, to my son, , and 
 
 my daughter, , in equal parts, share and share 
 
 alike. If either my son or daughter herein mentioned shall die 
 before this will takes effect, leaving no wife and no child or 
 children, then the entire estate in remainder hereby created is 
 to go to the survivor of them, and if one of them be dead leaving 
 child or children, such child or children are to take per stirpes 
 in lieu of their deceased parent. 
 
 5. I give and bequeath to my said son, , my 
 
 wearing apparel, guns, gold watch and chain, and all other of. 
 my personal effects of the like kind, to be his absolutely without 
 accountability in the general distribution of my estate. 
 
 6. I give and bequeath to my said son, , and 
 
 my said daughter, , all of the residue of my 
 
 estate, both real and personal of every sort soever, not herein- 
 before specially devised, in equal shares, share and share alike. 
 
 7. I hereby constitute and appoint my wife, , 
 
 the sole executrix of this my last will and testament, and I 
 expressly confer upon her power, as such, to administer my 
 estate, excusing her from giving any bond, or making any re- 
 turns to the ordinary, and I expressly confer upon her the full 
 authority and power to sell any part of my estate, not herein- 
 before specially devised, at public or private sale, with or with- 
 out notice, as she may deem best, and without any order of 
 court, making good and sufficient conveyances to the purchaser 
 and holding the proceeds of the said sale to the same uses and 
 trusts as hereinbefore declared in the several items of this my 
 will. I further hereby expressly confer upon her the authority 
 and power to borrow money for the use of the said estate, in 
 any instance where she may think it necessary and proper, arid 
 to secure the same by lien, mortgage, security deed, or trust
 
 WILLS 779 
 
 deed, OT other form of security to or upon any part of my estate, 
 not hereinbefore specially devised ; this she may do without the 
 order of any court. 
 
 This day of , 19 
 
 (SEAL) 
 
 Signed, sealed, declared and published by as 
 
 his last will and testament, in the presence of us, the under- 
 signed, who subscribe our names hereto in the presence of said 
 testator, after he had signed his name thereto, and at his special 
 instance and request, and in the presence of each other. 
 This day of , 19. ... 
 
 CODICIL. 3837. 
 
 Georgia, County. 
 
 Whereas, I, , did on the day of 
 
 , 19. . . ., sign, seal, declare and publish my last 
 
 will and testament, in the presence of , 
 
 and , who signed the said will and testament as 
 
 witnesses. 
 
 And whereas, I am desirous of adding an additional bequest 
 and devise in the said will, I, therefore, make and publish this 
 codicil to said will and testament: 
 
 1. I hereby give, bequeath and devise unto , 
 
 my daughter mentioned in my will, my solitare diamond ring, 
 and five shares of stock in the Georgia Railroad and Banking 
 Company, to be hers absolutely, without accountability in the 
 administration and distribution provided in the residuary clause 
 of my said will. 
 
 2. In the event , my said wife, after 
 
 qualifying as executrix, shall marry, or depart this life, then 
 
 and in that event I appoint , my son, sole 
 
 executor of my estate, in the place of his mother, conferring 
 upon him generally the same authority and power in reference 
 to all parts of my said estate as are conferred therein upon my 
 said wife. 
 
 3. The special bequests and devises made to , 
 
 my wife, in the paragraph of my original will, I 
 
 intend and declare to be in lieu of dower and year's support, in
 
 780 WILLS 
 
 the event that my said wife should elect to take under my said 
 will and codicil. 
 
 (NOTE: The codicil should be executed with the same formality, as 
 the original will. It is not necessary that the witnesses to the codicil 
 be the same persons, but the attestation clause above set out may well 
 be followed, in tot verb.) 
 
 PROBATE IN COMMON FORM. 3855. 
 
 PETITION. 
 
 Georgia, County. 
 
 To the Honorable , Ordinary of said County : 
 
 The petition of , a resident of said State, 
 
 shows that , late of said county, died testate 
 
 on the day of , 19 . . . . , after having made 
 
 his last will and testament, in which petitioner, is named as 
 executor. Petitioner produces said will in court, and prays that 
 the same may be admitted to record upon proof thereof in com- 
 mon form, and that letters testamentary do issue to him, accord- 
 ing to the statute in such case made and provided. 
 
 This day of , 19 
 
 AFFIDAVIT OF SUBSCRIBING WITNESSES. 
 
 Georgia, County. 
 
 Before me, the undersigned, ordinary of said county, came 
 
 , whose name appears as a subscribing witness 
 
 to the within writing purporting to be the last will and testa- 
 ment of , who, being duly sworn, on oath says 
 
 that he, together with and , on the 
 
 day of , 19. . . ., subscribed the said will 
 
 as a witness thereto, at the special instance and request of the 
 
 said , the testator therein, and in his presence, 
 
 and in the presence of each other, as did also the said 
 
 arid , after he, the said testator, had signed his
 
 WILLS 781 
 
 name thereto. That the said , in their presence 
 
 freely and voluntarily signed and published the same as his last 
 will and testament, and at the time of said signing and attesta- 
 tion, he was of sound and disposing mind and memory. 
 
 Sworn to and subscribed before me, this 
 
 day of . . ., 19 
 
 , Ordinary. 
 
 ORDER OF PROBATE. 
 
 In Re ) Probate of will in common form. 
 I At chambers. 
 
 The foregoing petition of , praying probate 
 
 in common form of the will of , deceased, and 
 
 further praying that letters testamentary do issue to him, being 
 
 supported by the affidavit annexed thereto of , 
 
 one of the witnesses to the said will, and the contents of said 
 petition appearing to be true, it is ordered by the court that said 
 will be admitted to record as satisfactorily proven in common 
 form. 
 
 Let letters testamentary issue to the said , 
 
 the executor named in said will, upon his taking and subscribing 
 the usual oath of office. 
 
 This day of , 19.... 
 
 Ordinary. 
 
 PROBATE OK WIM, IN SOLEMN FORM. 3856, 3859-3868. 
 
 PETITION. 
 
 Georgia, County. 
 
 To the Honorable , Ordinary of said County: 
 
 The petition of , a resident of , 
 
 in this State, shows that , late of said county, 
 
 died in said county, on the day of , 19. . . ., 
 
 leaving real and personal property therein, after having made
 
 Y82 . WILLS 
 
 and published his last will and testament, in which petitioner 
 is nominated as executor thereof. 
 
 2. - Petitioner herewith presents said last will and testament 
 of said deceased, and shows that the following named persons 
 are the heirs and all the heirs of said testator, to wit: [set out 
 the names, ages and places of residence of the several heirs, and 
 the name and residence of his widow, if any.] 
 
 3. Petitioner prays leave to prove said will in solemn form, 
 
 and to that end that , and , 
 
 the heirs at law of said deceased, late of said county, be cited to 
 appear at the next court of ordinary for said county to be held 
 
 on the first Monday in , 19 . . . . , and show cause, 
 
 if any they have, why said will should not be* proven in solemn 
 form, and admitted to record as the last will and testament of 
 the said , deceased, and why letters testamen- 
 tary should not issue to , the petitioner, 
 
 according to the statute in such case made and provided. 
 
 Petitioner. 
 
 ORDER DIRECTING CITATION TO ISSUE. 3859. 
 
 The petition of -. , the nominated executor 
 
 of , late of said county, deceased, asking for 
 
 the probate of the will of the said testate in solemn form, having 
 been presented -and considered, it is ordered that the heirs at 
 law named therein, to \vit: (Set out the names and residences 
 
 of the widow, if any, and the heirs at law) , be served 
 
 with a copy of said petition and this order at least ten days 
 before the next term of this court, and that they then and there 
 show cause, if any they have or can, why the prayer of said 
 petition should not be allowed and said will proven in solemn 
 form, as prayed. 
 
 Ordinary. 
 
 [NOTE. If any of the heirs mentioned in the petition are non-resi- 
 dents, the following clause should be added to the order: 
 
 And let , a non-resident of the State of Georgia, 
 
 be served by publication of the said citation once a week for 
 
 weeks, in the , a newspaper published in the city of 
 
 State and county aforesaid, in which the sheriff's 
 
 advertisements are published.]
 
 WILLS 783 
 
 CITATION. 
 
 j n j^ e ) Court of Ordinary of County. 
 
 >- Petition for probate of will in solemn 
 3 form. 
 To , heir at law : 
 
 . . having applied, as executor, for probate 
 
 in solemn form of the last will and testament of , 
 
 of said county, you, as one of the heirs at law of said , 
 
 being a non-resident of this State, are hereby required to be and 
 appear at the court of ordinary for said county on the first 
 
 Monday in , 19 . . . . , when said application for 
 
 probate will be heard, and show cause, if any you have or can, 
 why the prayer of the petition should not be had and allowed. 
 
 This day of , 19 
 
 Ordinary, and ex officio C. C. O. 
 
 GUARDIAN AD LITEM, ORDER APPOINTING. 3860. 
 
 Court of Ordinary. 
 
 At Chambers, , 19 .... 
 
 It appearing to the court in the matter of the petition of . . . 
 
 for probate in solemn form of the last will and 
 
 testament of , deceased, that 
 
 heirs at law of said deceased, minor 
 
 and minor have no regular guardian, and that 
 
 they have each been personally served by the sheriff with a copy 
 of the petition and order of citation : It is, therefore, ordered 
 
 by the court that be, and is hereby, appointed 
 
 guardian ad litem, to represent said minors in this 
 
 litigation. 
 
 This day of ,19 
 
 Ordinary. 
 
 ACCEPTANCE OF APPOINTMENT. 
 
 Georgia, County. 
 
 Having been appointed guardian ad litem, to represent.
 
 784 WILLS 
 
 minor. . .in the matter of the probate of the last will and testa- 
 ment of , deceased, in said court, I hereby accept 
 
 said appointment, and I agree to represent said minor. . in said 
 proceeding. I waive all further service or notice. 
 This day of , 19 
 
 CAVEAT. 
 
 Georgia, County. 
 
 In re. petition of for probate in solemn form 
 
 of the will of 
 
 And now at this term of the court comes , an 
 
 heir at law of said deceased, and enters his caveat to the above 
 stated petition, and objects to the admission to record of said 
 will, upon the following grounds, to wit: 
 
 1. For that said , at the time of making 
 
 said pretended will [and codicil], was not of sound and dispos- 
 ing mind and memory. 
 
 2. For that also, the said did not execute 
 
 the said pretended will [and codicil] freely and voluntarily, 
 but was moved thereto by undue influence and persuasions over 
 him by and it is, therefore, not his will. 
 
 3. 4, etc. (Here state any and all grounds of caveat plainly, 
 fully and distinctly. State facts and not conclusions of fact.) 
 
 And all this the caveator is ready to verify. 
 
 Attorney for Caveator. 
 
 ORDER PROBATING WILL IN SOLEMN FORM. 
 
 Georgia, County. 
 
 j n j^ ~} Court of Ordinary of said County. 
 
 [ Petition of for probate in 
 
 J solemn form of the will of 
 
 The above stated petition coming on regularly to be heard, 
 and it appearing that the parties at interest, all of whom are 
 residents of this State, to wit,
 
 WILLS 785 
 
 and , the heirs at law, being all of the heirs of 
 
 said deceased, were duly served personally with legal notice of 
 said application and the time of hearing, at least ten days before 
 the term of this court, at which said notice required them to 
 
 appear [or, and it further appearing that , a 
 
 party at interest, and a non-resident of this State, was duly 
 
 served by publication of citation once a week for. . ". weeks 
 
 in the newspaper, a newspaper published in said 
 
 county in which the sheriff's advertisements are published], and 
 it further appearing to the satisfaction of this court by the testi- 
 mony of all the subscribing witnesses, that the paper offered for 
 
 probate is the last will and testament of , as 
 
 alleged by the propounder in his petition, and that the said 
 , the testator, was of sound mind and dispos- 
 ing memory at the time he signed and executed the same, and 
 no legal and sufficient cause being shown why said paper should 
 not be proven and admitted to record as the last will and testa- 
 ment of the said deceased as prayed : 
 
 It is, therefore, ordered and adjudged by the court that the 
 same be set up and established as the last will and testament of 
 the said deceased, and be admitted to record as such. 
 
 Ordered further that letters testamentary do issue to 
 
 , the executor named in said will, upon his taking 
 
 the oath required by law. 
 
 This day of , 19 
 
 , Ordinary. 
 
 OATH OF EXECUTOR. 3887. 
 
 I, , do solemnly swear that this writing 
 
 contains the true last will of the within named , 
 
 deceased, so far as I know and believe, and that I will well and 
 truly execute the same in accordance with the laws of the State. 
 So help me God. 
 
 LETTERS TESTAMENTARY. 
 
 Georgia, County. 
 
 To Whom it may Concern : 
 
 Whereas, at the regular term of the court of ordinary for
 
 786 WILLS 
 
 said county on the day of , 19 ... . r the last 
 
 will and testament of. ... , late of said county, 
 
 deceased, was duly proven and admitted to record, and it was 
 
 ordered that letters testamentary issue to , the 
 
 executor named in said will, upon his taking the oath of office ; 
 
 and the said having taken said oath, these are, 
 
 therefore, to authorize the said , and he is 
 
 hereby authorized and required, to do and perform all the duties 
 imposed upon him by the said will and the laws of said State. 
 
 Given under my hand and official seal this day 
 
 of ,19.... 
 
 [Seal of Office.] Ordinary and Ex-off. Clerk. 
 
 NUNCUPATIVE WILL. 3925-3928. 
 
 Georgia, County. 
 
 We, , and [name 
 
 of at least three witnesses must be set out], were present on 
 
 the day of , 19. . . ., at the residence of 
 
 , in said county, where he had been resident 
 
 for the space of more than ten days, next before the making of 
 
 said will, during the last illness of the said 
 
 About hours before his death the said , 
 
 being in perfect possession of his mental faculties, as appeared 
 to us, called upon the bystanders, and upon the undersigned in 
 particular to remember and take notice of what he was about 
 to say: 
 
 When he said "that it had been his intention for some time 
 past to make his will in writing, and thereby dispose of his 
 property, but he had neglected to carry his intention into execu- 
 tion, and that now it was not practicable. That he wished us 
 to understand and bear witness that it was his last will and 
 
 desire that should have and take possession of 
 
 all his personal estate, of every kind and description, to her own 
 proper use, benefit and behoof. That she was nearly destitute 
 and had several small children to provide for; that she had been 
 kind to him during his illness ; and that he desired and requested
 
 WILLS 787 
 
 that his friend would see that his wishes and 
 
 desires in this regard be fully carried out." 
 
 That immediately after the use in substance of the above 
 language said died. 
 
 This day of , 19 
 
 [NOTE. The application for probate must be made within six months 
 after the death, and the substance of the testamentary disposition must 
 be reduced to writing within thirty days after the speaking of the 
 same.] 
 
 AFFIDAVIT OF WITNESSES. 
 
 Personally before me, the undersigned, an officer authorized 
 
 to administer oaths, came , and 
 
 , who, being duly sworn, say that the writing 
 
 hereto attached contains the last request and verbal disposition 
 
 of the personal property of , deceased, late of 
 
 said county, and is just and true in all its particulars. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 (Official designation.) 
 
 NOTICE TO HEIRS. 3927. 
 
 Georgia, County. 
 
 To , Widow of , Deceased : 
 
 Whereas, has this day filed in my office a 
 
 writing purporting to be the nuncupative will of , 
 
 deceased, late of said county ; in which will it appears that the 
 said was appointed executor. 
 
 And whereas, the said has signified to me 
 
 that he shall move for letters testamentary : 
 
 Therefore, you, widow of the said deceased, are hereby notified
 
 to be and appear in said court at the next term 
 
 thereof to contest the probate of said will if you desire to do so. 
 
 Witness mv hand and official seal this. . . .day of , 
 
 19 
 
 (Official Seal) Ordinary. 
 
 [NOTE. The same notice must be given to all heirs at law as re- 
 quired on probate in solemn form of other wills. 3927. All property, 
 real and personal, may be passed by nuncupative wills properly made 
 and approved. 3928.] 
 
 ORDER OF THE COURT. 
 
 Georgia, County. 
 
 Court of Ordinary, ......... Term, 19 .... 
 
 Whereas, heretofore, to wit, on the day of , 
 
 19 . . . . , filed in the office of the ordinary of 
 
 said county a writing purporting to be the nuncupative will 
 of , deceased, late of said county. 
 
 And at the same term of said court, the court directed process 
 
 to issue calling upon , widow of deceased, to 
 
 appear at this term, which has been duly served. 
 
 And whereas, no objection has been filed against the proceed- 
 ings in this case, and the witnesses having been examined in 
 open court: 
 
 It is therefore, ordered, that this will be set up and declared 
 duly proven, and that the same be recorded. 
 
 Let letters testamentary be issued to said , as 
 
 executor of said will. 
 
 This day of , 19 
 
 Ordinary. 
 
 LETTERS TESTAMENTARY UNDER NUNCUPATIVE WILL. 
 
 Georgia, County. 
 
 By , Ordinary of said County. 
 
 To All Whom These Presents Shall Come : 
 
 Know ye, that on the day of , 19,
 
 WILLS 789 
 
 the nuncupative will of , deceased, was ex- 
 hibited in open court; having boon previously filed in my office; 
 and in proper form of law approved and ordered to be recorded, 
 a copy of which is hereto attached. And administration of the 
 
 estate of said , deceased, was granted unto 
 
 , as executor of said will. The said 
 
 , having taken the oath and performed all the 
 
 other requisites required by law, is, by these presents, legally 
 authorized to administer the estate of said deceased, conferred 
 by said will, according to the tenor and effect thereof, and 
 according to law. And the said executor is hereby required to 
 make a true and perfect inventory and appraisement of the 
 property of said deceased, and to make returns thereof according 
 to law ; and to render true and correct account to said court of 
 ordinary of his actings and doings yearly touching said estate, 
 until the administration thereof is fully complete. 
 
 Given under mv hand and official seal, this day 
 
 of ". ., 19 
 
 (Official Seal) Ordinary. 
 
 PRODUCTION or WILL, PETITION TO COMPEL. 3862. 
 
 Georgia, County. 
 
 To the Honorable , Ordinary of said County : 
 
 1. The petition of shows that 
 
 died in said county on the day of , 19. . . ., 
 
 possessed of real and personal property, and leaving a will in 
 which petitioner is named as executor. 
 
 2. Said will was left with one for safe 
 
 keeping; and soon after the death of said testator, to wit, on 
 
 the day of , 19. . . ., petitioner applied to 
 
 said for said will, and requested of him that 
 
 he file the same with the ordinary of said county for probate. 
 
 3. Petitioner shows that said has neglected 
 
 to comply with said request, therefore petitioner prays that 
 
 process may issue directed to the said , requiring 
 
 him to show cause, if any he has, why he should not file said 
 will with said ordinary, or oji failure to do so that he be attached 
 for contempt, and fined, or imprisoned until the same shall be
 
 790 WILLS 
 
 delivered, according to the statute in such case made and pro- 
 vided. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 , Ordinary. 
 
 RULE 
 
 Read and considered ; ordered that ................. show 
 
 cause before me on the ...... day of ............ , 19 . . . . , 
 
 at ........ o'clock, A. M., at the court house in said county, 
 
 why he should not file said will as prayed, or on failure to do 
 so be fined or imprisoned until the same shall be delivered con- 
 formably to law. 
 
 Let a copy of said petition and this order be served upon 
 ............... instanter. 
 
 This ...... day of ............ , 19 ____ 
 
 Ordinary. 
 
 SERVICE. 
 
 I have this day served personally with a copy 
 
 of the above petition and rule. 
 
 This day of , 19 
 
 , Sheriff. 
 
 RULE ABSOLUTE. 
 
 Georgia, County. 
 
 Petition for Rule, etc. 
 
 A rule nisi having heretofore issued, to wit, on the 
 
 day of , 19. . . ., upon the petition of 
 
 duly filed and verified, requiring to show cause 
 
 this day why he should not file the will of witlr 
 
 the ordinary of said county for probate, and it appearing that 
 
 said was on the day of , 
 
 19. . . ., duly served by the sheriff of said county, with a copy 
 of said petition and rule, and that he has made no answer thereto 
 [or, failed to show any sufficient reason for not producing said
 
 WILLS 791 
 
 will], ordered that the sheriff of said county seize the said 
 
 and imprison him in the common jail of said 
 
 county until the said will of. . . , deceased, be 
 
 delivered as aforesaid. 
 
 This day of , 19 
 
 Ordinary. 
 
 BOND, PETITION TO COMPEL EXECUTOR TO GIVE. 3891. 
 
 Georgia, . County. 
 
 To the Honorable , Ordinary of said County: 
 
 1. The petition of shows that he is a 
 
 legatee under the will of , deceased, late of 
 
 said county, and , the duly qualified executor 
 
 of said will, is mismanaging the estate of his testator in this, 
 to wit: [here set forth the acts of mismanagement] 
 
 Wherefore, petitioner ' prays that a rule nisi may issue re- 
 quiring said executor to show cause, if any he has, why he 
 should riot be required to give bond and security for the faithful 
 performance of his duties as executor, or in default thereof be 
 removed from said trust. This. . . .day of , 19. ... 
 
 RULE 
 
 (State the case.) 
 
 Read and considered : Ordered that the said 
 
 be and appear at the next term of this court, to be held on the 
 
 Monday in , 19 .... and show 
 
 why he should not be required to give bond and security, as 
 prayed for in said petition for the performance of his duties 
 as executor of said will. Let a copy of said petition and of this 
 
 order be served personally upon the said at 
 
 least ten days before the next term of said court. 
 
 This day of , 19 
 
 Ordinary.
 
 792 WILLS 
 
 JUDGMENT. 
 
 (State the case.) 
 
 The above case coming on regularly to be heard after due and 
 legal notice to defendant, upon hearing and evidence, and the 
 
 argument of counsel, and it appearing that said , 
 
 executor, as aforesaid, has mismanaged said estate : 
 
 It is therefore ordered that the said , executor, 
 
 as aforesaid, give bond and good security in the sum of 
 
 dollars, on or before the day of , 
 
 19. . . ., and that in default thereof his letters testamentary be 
 revoked. 
 
 Ordered further, that the said pay the sum 
 
 of dollars and cents, the costs of this 
 
 proceeding. This day of , 19 .... 
 
 Ordinary. 
 
 DISMISSION FROM EXECUTOKSHIP. 3892. 
 
 PETITION. 
 
 Georgia, County. 
 
 To , Ordinary of said County : 
 
 The petition of shows the following facts: 
 
 1st. That at the term in the year 
 
 of the court of ordinary of said county, your petitioner qualified 
 
 as executor upon the estate of , then late of 
 
 said county, deceased, and letters testamentary were issued to 
 your petitioner. 
 
 2nd. Your petitioner shows that he has fully discharged all 
 of his duties as such executor, as is shown by his returns and 
 vouchers of file in your office, and he asks that an order of 
 citation be made, and that citation issue and be published, 
 requiring all persons concerned to appear and show cause, if 
 any they have or can, against the granting of letters of dismis- 
 sion from said trust, and that letters of dismission be granted. 
 
 Petitioner.
 
 WILLS 793 
 
 OKDER FOR CITATION. 
 
 Court of Ordinary, 
 
 Terra, 19. ... 
 
 , as executor of the estate of 
 
 late of said county, deceased, having filed in this court his 
 petition asking to be dismissed from his trust as such executor, 
 and therein reciting that he has fully discharged all of his duties 
 under such trust, and upon examination it so appearing, it is 
 ordered that citation issue and be published calling upon all 
 
 persons to be and appear at the next term of this 
 
 court, and show cause, if any they have or can, why the prayer 
 of said petition should not be granted and the said executor 
 dismissed from his trust as prayed, and letters of dismission 
 be issued. 
 
 This day of , 19 
 
 Ordinarv. 
 
 CITATION. 
 
 Court of Ordinary. 
 
 Term, ,19.. 
 
 , as executor of the estate of , 
 
 late o'f said county, deceased, having filed in this court his peti- 
 tion for letters of dismission as such executor of said estate in 
 due form, and alleging that he has fully performed all of his 
 duties as such executor, this is to cite all persons whomsoever 
 
 to be and appear at the term of the court of ordinary 
 
 of said county, to show cause, if any they have or can, why the 
 prayer of said petition should not be had and allowed and the 
 said executor receive letters of dismission as prayed. 
 
 Ordinary and ex-officio Clerk of Ordinary. 
 
 LETTERS OF DISMISSION. 
 
 Georgia, County. 
 
 By the Honorable, the Ordinary of said County. 
 To All Whom These Presents Shall Come or be Made Known 
 
 Greeting : 
 . Whereas , execut ... of the last will and testa-
 
 794 WILLS 
 
 ment of , deceased, has made application for dis- 
 mission from said executorship, and on examination of the ap- 
 praisement and inventory of the estate of , de- 
 ceased, having found all and singular the property of said estate 
 
 which came to the hands of said well and truly 
 
 administered, as appears by the vouchers lodged in office: We 
 do, therefore, in pursuance of the powers vested in us, hereby 
 
 discharge, exonerate and dismiss the said from the 
 
 executorship 'as aforesaid. 
 
 Given under my official signature, this day of , 
 
 19 
 
 Ordinary County. 
 
 Amendment. Action seeking to set up rights under will is amendable 
 by alleging that plaintiffs were suing as legatees, instead of heirs 
 at law. 126/148 (54 S. E. 977). 
 
 Attestation. Where there is an attestation clause to instrument offered 
 for probate as a will, reciting all the facts essential to its due execu- 
 tion as a will and it is shown that the alleged testator and those 
 whose names appear as witnesses actually affixed their signatures 
 to the paper, presumption arises that it was executed as prescribed 
 by law. 140/119 (4) (78 S. E. 823). See 144/801 (4) (187 S. E. 
 1046). Attestation is not good, when alleged testator did not sign 
 until after witnesses had signed. 125/386 (54 S. E. 90). Attested 
 by only two witnesses, void; not aided by judgment of probate. 
 123/144 (51 S. E. 491). 
 
 Attorney may attest will for his client. 8 App. 91 (68 S. E. 651). 
 
 Blanks. Item of will is not necessarily void because it does not contain 
 name of beneficiary to whom it was the intention of the testator a 
 legacy should be given. 145/856, 857 (2) (89 S. E. 1084). 
 
 Caveat to probate is amendable. 142/352 (82 S. E. 1065). 
 
 Copy not attached to petition, no cause for demurrer, when. 126/768 
 (56 S. E. 81). 
 
 Foreign will, executed in accordance with law of other state, having 
 but two witnesses, not convey realty in Georgia. 122/398 (50 
 S. E. 131), 887 (50 S. E 1 . 997). 
 
 Mark, illiterate person need not make, in order to execute valid will; 
 authority for scrivener to sign is sufficient. 127/175 (56 S. E. 289). 
 
 Reformation. Will can not be reformed by adding to it. 122/183 (50 
 S. E, 41). 
 
 Revocation must be as formal as execution, and attested by three 
 witnesses. 122/396 (50 S. E. 131).
 
 WITNESSES 795 
 
 WITNESSES. 5849-5884. 
 
 SUBPOENA. 5849. 
 
 Georgia, County. 
 
 To , Greeting : 
 
 You are hereby commanded, that laying all other business 
 
 aside you be and appear at the Court in and for the 
 
 county aforesaid, on the Monday in next, from 
 
 day to day, and term to term, until said case is disposed of, then 
 
 and there to be sworn as a witness for the in the case of 
 
 against , there pending. 
 
 Fail not, under the penalty of the law. 
 
 Witness the honorable , judge of said Court, 
 
 this day of , 19 
 
 " Clerk.' 
 
 SUBPOENA COUKT IN SESSION. 
 
 Georgia, County. 
 
 To . . . , Greeting : 
 
 You are hereby commanded, that laying all other business 
 
 aside, you be and appear at the Court, in and for the 
 
 county aforesaid, now in session, from day to day, and term 
 to term, until said case is disposed of, then and there to be 
 
 sworn as a witness for the in the case of 
 
 against , there pending. 
 
 .Fail not under penalty of the law. 
 
 Witness the honorable , judge of said court, this 
 
 day of ,19 
 
 " Clerk.' 
 
 AFFIDAVIT AS TO ATTENDANCE. 
 
 (Icorgia, County. 
 
 Before the undersigned authority in and for said county, per- 
 sonally appeared who, being first duly sworn,
 
 796 WITNESSES 
 
 savs on oath, that at the time of the service of the attached 
 
 / / 
 
 subpoena npQn him he was not, and is not now, a resident of the 
 
 county of , but that he is a resident of the county of 
 
 , said State ; that deponent, at the term, 
 
 19. . . ., of the Superior Court of the county of. , 
 
 attended said court as a witness for the State on said attached 
 
 subpoena the following days , for which service 
 
 he is entitled to $2.00 per day, making for said attendance 
 
 dollars, and that he on reaching his home will have traveled in 
 going to and from said court by the nearest practicable route 
 
 miles, and that his actual traveling expenses in going 
 
 to and returning from said court will be dollars. 
 
 Sworn to and subscribed before me, this 
 
 day of ,19 
 
 Clerk. 
 
 I hereby certify to the attendance and mileage as set out in 
 the above and foregoing affidavit, this day of , 19 . . 
 
 .-. [L.S.] 
 
 Solicitor-General . , . . Circuit, 
 
 SUBPCENA FROM COUNTY COMMISSIONERS, 
 
 Georgia, County. 
 
 To , Greeting : 
 
 You are hereby commanded to be and appear at the next court 
 of county commissioners in and for said county on the first 
 
 Tuesday in , 19 . . . . , at ten o'clock, a. m., then and 
 
 there to be sworn as a witness for the in the case of 
 
 against for 
 
 Herein fail not under penalty of the law. 
 
 Witness hand and official signature day of 
 
 , 19.. 
 
 County Commissioners.
 
 WITNESSES 797 
 
 SUBPCKNA DUCES TECUM. 5844-5846. 
 
 Georgia, County. 
 
 To , Greeting : 
 
 You are hereby required to be and appear at the 
 
 to be held in and for said county, on the Monday 
 
 in next, from day to day, and term to term, until 
 
 said case is disposed of, and to bring with you into said court 
 a certain [here describe, with sufficient particularity to identify 
 them, the several books, papers, letters or documents desired], 
 
 to be used as evidence by the in a certain case 
 
 pending in said court between said vs 
 
 Herein fail not under penalty of the law. 
 
 Witness the honorable , judge of said court this 
 
 day of ,19.. .. 
 
 Clerk. 
 
 (NOTE: Service shall be made upon residents of the county ten days, 
 and upon non-residents twenty days before the trial, where the case is 
 pending in the Superior Court, and five days before in justice court 
 cases. It may be made by a sheriff, constable, or private person, and 
 the official return of the sheriff or constable, or the affidavit of such 
 private person, shall be sufficient evidence that the same was duly 
 served. But the judge may require summary production, in certain 
 cases. 5844). 
 
 RULE AGAINST DEFAULTING WITNESS. 
 
 RULE NISI. 
 
 Georgia, County. 
 
 Superior Court, term, 19 . . 
 
 It appearing to the court that ha. . .been duly 
 
 subpO3naed to appear and testify at this term of this court as 
 
 witness. . for the State in the case of the State vs. 
 
 , charged with the offense of 
 
 And it further appearing to the court that said witness, .ha. . 
 failed and refused to obey said subprena. .and ha. .failed to ap- 
 pear and answer when called as witness, .in said case: 
 
 It is therefore ordered by the court that the said 
 
 show cause [instanter, or] at the next term of this court why
 
 798 WITNESSES 
 
 he should not pay a fine of dollars for contempt of this 
 
 court in failing and refusing to obey said subprena. . 
 
 It is further ordered that a copy of this rule be served on 
 
 . , said witness . . [immediately, or] at least ten days 
 
 before the next term of this court. 
 
 Judge Superior Court Circuit. 
 
 . . Solicitor-General. 
 
 RULE ABSOLUTE. 
 
 Georgia, County. 
 
 Superior Court, term, 19 .... 
 
 It appearing to the court that the above rule nisi has been 
 
 duly served upon , the witness. . named therein, 
 
 and the said witness. . having failed to render a satisfactory 
 reason for absence "when called," ete. : 
 
 It is therefore ordered by the court that the said rule be made 
 absolute against said witness . . for dollars. 
 
 And it is further ordered that the sheriff of this county arrest 
 
 and imprison in the common jail of this county 
 
 said witness, .until said fine and the cost of this proceeding 
 shall be fully paid. 
 
 Judge Superior Court Circuit. 
 
 Solicitor-General.
 
 PART III. 
 
 CRIMINAL FORMS.
 
 PART III. 
 CRIMINAL FORMS. 
 
 (NOTE: The use of the mark designates sections of the Code of 
 1910. Where P. C. is also used the Penal Code is meant. These refer- 
 ences are equally applicable to Park's Annotated Code of Georgia, 1914, 
 as the section numbers therein are the same as those in the Code of 
 1910, except where new matter was inserted.) 
 
 CRIMINAL WARRANT IN JUSTICE COURT. 
 
 AFFIDAVIT. 905 P. C. 
 
 Georgia, County. 
 
 Personally came , who on oath says that, to the 
 
 best of his knowledge and belief, did, on the 
 
 day of , in the year , in the county aforesaid, 
 
 commit the offense of , and this deponent makes this 
 
 affidavit that a warrant may issue for his arrest. 
 
 Affiant. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 J. P. 
 
 WAEBANT. 906 P. C. 
 
 Georgia, County. 
 
 To any Sheriff, Deputy-Sheriff, Coroner, Constable, or Marshal 
 of said State, Greeting: 
 
 makes oath before me that on the day of 
 
 , 19'. . . . , in the county aforesaid, did 
 
 commit the offense of You are therefore com- 
 manded to arrest the body of the said and bring him 
 
 before me, or some other judicial officer of this State, to be dealt 
 \\ith as the law directs. You will also levy on a sufficiency of
 
 802 CRIMINAL WARRANT IN JUSTICE COURT 
 
 the property of said to pay the costs in the event 
 
 of his final conviction. Herein fail not. 
 
 J.P. 
 
 CONSTABLE'S RETURN ENDORSED ON WARRANT. 
 
 Georgia, County. 
 
 Executed the within and foregoing warrant by arresting. . . ., 
 
 the defendant and have him present in court, this 
 
 day of , 19 
 
 Constable. 
 
 ORDER OF COMMITMENT. 
 
 The State I Before C T ur < L, of 
 
 J. P-, day of , 
 
 19 
 
 Warrant for [Offense]. 
 
 After hearing the evidence in the above-named and stated 
 
 case, it is ordered that the defendant, , be bound 
 
 over to answer the offense of at the next term of 
 
 the Court of said county, and that he give a bond with 
 
 good and sufficient security in the sum of $ , conditioned 
 
 for his appearance at the said term, from day to day, until the 
 said case is disposed of, to answer the said offense charged in 
 said warrant. Or in default of the giving of such bond, that 
 he be committed to the common jail of said county to answer 
 said charge, and until he is discharged therefrom by proper order 
 
 of the Court. 
 
 Witness my hand and official signature, this day of 
 
 ,19 
 
 COMMITMENT. (CODE FORM.) 939 P. C. 
 
 Georgia, County. 
 
 having been arrested on a warrant for the 
 
 offense of and brought before me, after hearing
 
 CRIMINAL WARRANT IN JUSTICE COURT 
 
 803 
 
 evidence it is ordered that he he committed for trial for the 
 
 offense of And the jailer of said county (or 
 
 any other county, if necessary) is required to receive and safely 
 keep him until discharged by due process of law. 
 
 Witness mv hand and official signature, this day of 
 
 ,;i vv 
 
 j.p.' 
 
 BFT/L, OF COSTS. 
 
 Aggregate. 
 
 Issuing warrant $1.25 
 
 Arrest 1.25 
 
 Keeping prisoner 75 
 
 Trial 1.25 
 
 Issuing. . . .subpoenas, 15c. each 
 Summoning witnesses, 30c. each 
 Examining witnesses, 30c. each . 
 
 Attendance 35 
 
 Taking preliminary bond 1.00 
 
 Taking appearance bond 1.00 
 
 Commitment 35 
 
 Total 
 
 WITNESSES FOR THE STATE. 
 
 Name ' 
 
 Residence , 
 
 Name 
 
 Residence , 
 
 Name 
 
 Residence , 
 
 Name 
 
 Residence , 
 
 Name 
 
 Residence 
 
 Name 
 
 Residence 
 
 Name 
 
 Residence .
 
 804 WARRANT FOR GOOD BEHAVIOR 
 
 RECOGNIZANCE IN J. P. COURT. 
 
 Georgia, County. 
 
 We, , principal, and , security, 
 
 acknowledge ourselves bound unto , as Governor 
 
 of Georgia., and his successors in office, in the sum of 
 
 dollars, for the payment of which we bind ourselves, our heirs, 
 executors and administrators, jointly and severally, by these 
 presents, waiving all right to homestead and exemption of per- 
 sonalty by virtue of existing laws. 
 
 Signed and sealed, this day of , 19. ... 
 
 The foregoing bond is subject to this condition : 
 
 The above bound is charged upon the. oath of 
 
 with the offense of , and now, if 
 
 the said/ shall appear at the justice's court, to be 
 
 held in and for the. district, G. M., county aforesaid, 
 
 on the day of. , 19. . ., at. . . .o'clock. . .m., and 
 
 from day to day and from term to term, to answer said charge, 
 and shall not depart thence without leave of said court, then this 
 bond to be void. 
 
 , Principal [Seal.] 
 
 , Security [Seal.] 
 
 , Security [Seal.] 
 
 Attested and approved by: 
 
 J. P. 
 
 WARRANT FOR GOOD BEHAVIOR. 1317 P. C. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally came before the undersigned, a justice of the 
 
 peace, , the subscriber, who, being duly sworn, on 
 
 oath says that of said county, has threatened to 
 
 kill or do bodily harm to of said county, and that 
 
 the said threats with other acts of the said are 
 
 such as to justify the belief of affiant that the said 
 
 will do bodily harm to the said , and affiant makes
 
 WARRANT FOR GOOD BEHAVIOR 805 
 
 this affidavit that a warrant for the good behavior of the said 
 be issued. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 J. P. 
 
 WARRANT. 
 
 Georgia, County. 
 
 To any Lawful Officer: 
 
 Whereas, the above complaint has this day been made before 
 me, these are, therefore, to command you that you forthwith ar- 
 rest the body of the said and bring 
 
 before me, or some other judicial officer of this State, to be 
 dealt with according to law. 
 
 Given under my hand and official signature, this day 
 
 of ,19.... 
 
 J.P. 
 
 ENTRY OF ARREST. 
 
 Georgia, County. 
 
 I have this day of , 19 . . . , executed the within 
 
 warrant by arresting the defendant , and brought 
 
 him before , J. P., for trial. 
 
 ' c.' c. 
 
 BOND. 
 
 Georgia, County. 
 
 Know all men by these presents, That we, , 
 
 principal and , security, are held and firmly bound 
 
 unto , Governor of the State of Georgia, for the 
 
 time being, and his successors in office, in the sum of 
 
 dollars, for the payment of which well and truly to be made, 
 we bind ourselves, our heirs, executors and administrators, firmly 
 by these presents. 
 
 Signed, sealed and dated this day of ,19
 
 806 PEACE WARRANT 
 
 The condition of the above obligation is such, that whereas 
 
 the said has been arrested and brought before me, 
 
 under and by virtue of a warrant issued upon the affidavit of 
 
 , praying bond for good behavior against said 
 
 , and the court being satisfied that probable cause 
 
 for requiring such bond for good behavior does exist. Now, 
 if the said shall be and appear at the next Supe- 
 rior Court, to be held in and for said county, on the 
 
 Monday in , to do and perform whatever may be en- 
 joined upon by said court, and in the meantime 
 
 shall do nothing unlawful to the said , then this 
 
 obligation to be void, else of full force and effect. 
 
 , Principal [L. S.] 
 
 , Security [L. S.] 
 
 Executed in the presence of and approved 
 by me 
 
 J. P. 
 
 PEACE WARRANT. 1320 P. C. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Before me, in person, came , who, being duly 
 
 sworn, deposes and says that is in fear of death 
 
 or some bodily harm to be done, or procured to be done to 
 
 by 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 J. P. 
 
 WARRANT 
 
 Georgia, County. 
 
 To any Lawful Officer of said County, Greeting: 
 
 Whereas, has made this affidavit before me as 
 
 required by law, that is in fear of bodily injury, 
 
 to be done or procured to be done to by
 
 PEACE WARRANT 807 
 
 These are therefore to command you that you forthwith ar- 
 rest the said -. . . .and bring before me to find 
 
 surety to keep the peace towards this State and all the citizens 
 
 thereof, and especially towards the said , and also 
 
 to appear at the Superior Court to abide any decree then made. 
 
 Given under my hand and official signature, this 
 
 dav of ,19 
 
 f> 
 
 'j.'p.' 
 
 ORDER OF JUDGE. 
 
 Georgia, ~. County. 
 
 The State 
 vs. 
 
 Upon hearing the evidence in the above-stated case, it is ad- 
 judged by the court that the defendant, . . , give bond 
 
 and security in the sum of dollars to keep the peace 
 
 toward family and property, or in default thereof 
 
 that he be committed. 
 
 This day of , 19 
 
 J.P. 
 
 District, G. M. 
 
 BOND. 
 
 Georgia, County. 
 
 We, , as principal, and , as secur- 
 ity, agree jointly and severally to pay , Governor 
 
 of Georgia, and his successors in office, dollars, 
 
 upon condition that said fails to keep the peace as 
 
 against , her family and property. 
 
 Witness our hands and seals this day of , 19. . 
 
 , Principal (L. S. ) 
 
 , Security (L. S.) 
 
 Executed in the presence of and approved 
 by me 
 
 J. P. 
 
 District, G. M.
 
 808 SEARCH WARRANT 
 
 SEARCH WARRANT. $1325 P. C. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally came < , who being duly sworn, on 
 
 oath says that certain personal property, to wit, 
 
 has recently been taken from his possession by criminal means, 
 and carried away, and that he verily believes, and has probable 
 cause to believe, that the said property is now concealed in a 
 
 dwelling [or, office; or store, etc.] occupied by 
 
 located at , in the county of , 
 
 said State. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 J. P. 
 
 WARRANT. 
 
 Georgia, County. 
 
 To any Sheriff, Deputy Sheriff, Coroner, Constable, or Marshal 
 of said State, Greeting: 
 
 having made oath before me that certain per- 
 sonal property, to wit, , has recently been taken 
 
 from his possession by criminal means, and carried away, and 
 that he verily believes that the said property is now concealed 
 
 in a house occupied by , located at , 
 
 in the county of , said State: 
 
 You are hereby commanded to enter said house and make dili- 
 gent search for said property above described, and if you find 
 the same, or any part thereof, bring the same, together with the 
 
 said , before me, or some other judicial officer of 
 
 this State, to be dealt with as the law directs. 
 
 Witness my hand and official signature this day 
 
 of , 19..
 
 RECOGNIZANCES 809 
 
 RECOGNIZANCES. 
 
 To APPEAR AND GIVE EVIDENCE IN SUPERIOR COURT. 
 940, 961 P. C. 
 
 Georgia, County. 
 
 We, , as principal, and , as secur- 
 ity, both of the county and State aforesaid, acknowledge our- 
 selves bound unto his Excellency , Governor of 
 
 said State, for the time being, and his successors in office, in the 
 sum of dollars, subject to the following conditions: 
 
 Whereas, at the term of the superior court of 
 
 county, the Honorable judge of said court, re- 
 quired to give bond in the sum of 
 
 dollars, conditioned for his appearance to testify as a witness 
 
 for the State in the case of State vs , charged 
 
 with. , in said court pending. Now, therefore, if 
 
 the above bound personally be and appear at the 
 
 next superior court, to be held in and for said county on the 
 
 Monday in next, and from day 
 
 to day, and term to term, thereafter, then and there to give evi- 
 dence in said case, so pending in said court, and not depart 
 thence without leave of the court, then this obligation to be void ; 
 otherwise, of force. 
 
 This day of . . ., 19 
 
 , Principal (L. S.) 
 
 , Security (L. S.) 
 
 Approved : 
 
 J. P. 
 
 APPEARANCE OF ACCUSED IN SUPERIOR COURT. 947 P. C. 
 
 Georgia, County. 
 
 Know All Men by these Presents: 
 
 That we , principal . . and , securi-
 
 810 RECOGNIZANCES 
 
 ties, are held and firmly bound nnto his Excellency , 
 
 Governor of said State, and his successors in office, in the penal 
 
 sum of dollars, for the true payment whereof we 
 
 hind ourselves, our heirs, executors and administrators, jointly 
 and severally, firmly by these presents. 
 
 Signed with our hands, sealed with our seals, and dated this 
 day of. , ,19 
 
 The conditions of the above obligation are such, That if the 
 
 above bound shall personally be and appear at the 
 
 next Superior Court of county, to be held on the 
 
 Monday in next, from day to day, and from 
 
 term to term, then and there to answer to an indictment for the 
 
 offense of , with which he stands charged, and 
 
 shall not depart thence without the leave of said court, then the 
 above obligation to be null and void; else remain in full force 
 and virtue. And the better to secure the payment of this bond, 
 in the event of forfeiture, we each, for ourselves and families, 
 and as the head of our respective families, renounce and waive 
 all right and benefit of homestead and exemption under the Con- 
 stitution and laws of this State, as against this obligation. 
 
 , Principal (L. S.) 
 
 , Security (L. S. ) 
 
 , Security (L. S. ) 
 
 , Security (L. S. ) 
 
 Approved by 
 
 J. P. 
 
 APPEARANCE OF ACCUSED IN COURT OF INQUIRY. 947 P. C. 
 
 Georgia, County. 
 
 Know all men by these presents, that we, , as 
 
 principal, and , as security, are held and firmly 
 
 bound unto , Governor of said State, and his suc- 
 cessors in office, in the just and full sum of dollars, 
 
 subject to the condition hereinafter stated, and against the obli- 
 gation of this bond each of us, whether principal or security, 
 hereby for himself and family waives and renounces any and
 
 RECOGNIZANCES 811 
 
 all right of homestead and exemption under the Constitution and 
 laws of this State. 
 
 Signed with our hands and sealed with our seals, this 
 
 day of ,19 
 
 The condition of the above obligation is as follows: The 
 
 above bound having been arrested by , 
 
 lawful constable of said county, on a warrant issued by me for 
 , and brought before me sitting as a court of in- 
 quiry at , this day, and not being ready for trial, 
 
 has asked the postponement of the same, which has been granted 
 
 to the day of , 19 
 
 , Now if the said bound should be and appear be- 
 fore me at on said day and until said case is dis- 
 posed of and not depart thence without the 'leave of the Court, 
 then and in such case this bond to be void, otherwise of full force 
 and effect. 
 
 , Principal (L. S.) 
 
 , Security (L. S. ) 
 
 Executed in the presence of and 
 approved by me : 
 
 J. P. 
 
 JUSTIFICATION OF SECURITY. 
 
 Georgia, County. 
 
 Before me in person came , who being sworn, 
 
 deposes and says that he is security on the within bond ; and 
 that he owns in his own right and name real estate lying in said 
 
 county of the value of hundred dollars, the amount of 
 
 said bond, over and above the sum of sixteen hundred dollars, 
 which may be claimed as exempt from levy and sale for debts 
 under the Constitution and laws of this State, and all debts and 
 other liabilities. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 Sheriff.
 
 812 RECOGNIZANCES 
 
 (*" - - - I V 
 
 X. 
 
 FORFEITURE OF RECOGNIZANCE. 
 
 RULE NISI. 
 
 Georgia, County. 
 
 Term Superior Court of said County. 
 
 Governor 
 
 vs. 
 
 Forfeiture 
 
 of Recognizance. 
 
 Securities. 
 
 This day came , Solicitor-General of the 
 
 circuit, who prosecutes for the State of Georgia, and shows that 
 
 heretofore, to wit, on the day of , 19 . . . . , 
 
 as principal, and , as securities en- 
 tered into an obligation before , sheriff of the 
 
 Superior Court for said county, by which they acknowledged 
 
 themselves to owe and be justly indebted to , 
 
 Governor of said State, and his successors in office in the sum 
 
 of dollars, to be void on condition that the said 
 
 principal make his personal appearance before the next Supe- 
 rior Court to be held for said county of , and from 
 
 day to day, and term to term, until said case is disposed of, to 
 
 answer for the offense of with which he stands 
 
 charged Now on this day the said , 
 
 being solemnly called to come into court to answer said charge 
 and the said securities, his bail, having been warned to present 
 the body of their principal, w'hom they engaged to be present 
 this day to answer said charge, and the said parties respectively 
 having wholly made default, it is" therefore considered by the 
 court that the said principal and the said securities forfeit their 
 
 recognizance, and that the said , Governor, recover 
 
 against said , principal, and , securi- 
 ties, the sum of dollars, the amount of their obli- 
 gation so forfeited as aforesaid, unless at the next term of this
 
 RECOGNIZANCES 813 
 
 court they show sufficient cause why this order should not be 
 made final and scire facias is ordered to issue. 
 
 Judge Superior Court Circuit. 
 
 Solicitor General. 
 
 SCIKE FACIAS. 
 
 Georgia, County. 
 
 To All and Singular the Sheriffs of this State and thei* Lawful 
 Deputies, Greeting: 
 
 Whereas. . . ._ , principal, and , security, 
 
 did, on the day of , 19 . . . . , before 
 
 make and enter into their certain obligation of that date com- 
 monly called a , signed with their hands and sealed 
 
 with their seals, and attested by , and which is now 
 
 here in court, ready to be shown, whereby the said , 
 
 principal, and , security, acknowledge themselves 
 
 firmly bound unto , Governor of the State of Geor- 
 
 gia, for the time being, and his successors in office, in the sum 
 
 of dollars, for the payment of which they bind 
 
 themselves, their heirs, executors and administrators, firmly by 
 
 these presents, and which said was subject to, and 
 
 had there unto a certain condition in substance and to the effect 
 following, that is to say: That whereas an indictment for the 
 
 offense of had been found against him the said 
 
 , principal, at the term, 19 , . . , in 
 
 Superior Court, and said defendant was arrested and gave bond 
 
 conditioned that if the said should be and appear 
 
 at our Superior Court of said county on the day of , 
 
 19. . . ., and from day to 'day, and term to term, to answer for 
 the offense of , and should not depart thence with- 
 out the leave of the court, until the said cause should be finally 
 disposed of, then the said bond or obligation was to be void, else 
 to remain in full force and effect. 
 
 And whereas, at the term of the Superior Court of 
 
 the county aforesaid, to wit, on the. day of. , 19. . . , 
 
 the said being thrice duly called in open court, and fail- 
 ing to appear, and the said , security of the said 
 
 principal, his said appearance bond as aforesaid 
 
 being duly called and required to produce the body of the said
 
 814 RECOGNIZANCES 
 
 in court, and failing so to do, it was thereupon 
 
 ordered, considered and adjudged by the court that their said 
 
 be forfeited to the State, and that scire facias 
 
 should issue thereon, in terms of the law, all of which by the 
 records of said court reference being thereunto had will more 
 fully and at large appear. 
 
 These are therefore to command you, and each of you, that 
 
 you make known to the said if to be found in your 
 
 bailiwick, that they, and each of them, be and appear in terms 
 of the law, at the next term of the Superior Court to be held in 
 and for the county of on the Mon- 
 day in next, then and there to show cause why final judg- 
 ment should not be entered up against them, or either or any 
 
 of them, on their said so forfeited to the State, in favor 
 
 of said State for the amount thereof, with interest and cost. 
 
 Witness the Honorable , judge of said court this 
 
 day of ,19 
 
 "Clerk. 
 
 ENTRY OF SERVICE. 
 
 I have this day served the defendant with a copy of this writ, 
 
 by... i 
 
 This day of , 19. ... 
 
 "Sheriff/ 
 
 RULE ABSOLUTE. 
 
 Governor, etc. 
 
 Superior Court. 
 
 vs. 
 
 .Term, 19 
 
 It appearing to the court that a rule nisi was granted in this 
 
 case at the term, 19. . . ., of said court, requiring the 
 
 said defendants, , to show cause at the 
 
 next term of said court why their bond should not be forfeited ; 
 and it further appearing that a scire facias was duly issued and
 
 INDICTMENT 815 
 
 served, and that said defendants have shown no sufficient cause 
 why said bonds should not be forfeited. 
 
 It is, therefore, on mo'tion of the solicitor-general, ordered by 
 the court that said rule nisi be made absolute, and that judgment 
 
 be entered against the said defendants for the sum of 
 
 dollars and cents, and cost of suit, in favor of , 
 
 Governor of said State, and his successors in office, and that said 
 plaintiff recover from said defendants said sum with cost. 
 
 Judge Superior Court Circuit. 
 
 Solicitor-General. 
 
 INDICTMENT. 
 
 GENERAL, FORM. 954 P. C. 
 
 Georgia, County. 
 
 In the Superior Court of said County. 
 The grand jurors selected, chosen and sworn for the county of 
 
 to wit : 
 
 1 . . Foreman. 
 
 2 14. 
 
 3 15, 
 
 4 16, 
 
 5 17, 
 
 G 18, 
 
 7 19, 
 
 8 20, 
 
 9 - 21, 
 
 10 22. 
 
 11 23. 
 
 12 24. 
 
 13.. 25. 
 
 In the name and behalf of the citizens of Georgia, charge and 
 
 accuse with the offense of , for that 
 
 the said did on the day of , 19. . ., 
 
 in the county aforesaid
 
 816 INDICTMENT 
 
 contrary to the laws of said State, the good order, peace and dig- 
 nity thereof. 
 
 Prosecutor. 
 Solicitor-General. 
 
 Term, 19. ... 
 
 Accessory before fact, in indictment of, it is not necessary to state 
 manner of committing offense. It is sufficient to charge generally 
 that he feloniously, wilfully and unlawfully did procure, counsel, 
 and command the principal to commit it. 14 App. 158 (1) (79 S. E. 
 71). 
 
 Allegations of fact in body of indictment must show that accused did 
 all of those acts which the statute prescribes shall be a crime if 
 done. 16 App. 312 (1) (85 S. E. 284). 
 
 Amendment. Indictments and presentments are not amendable. 17 
 App. 143, 144 (86 S. E. 415). 
 
 Clerical error. Where it appears upon face of indictment that one not 
 qualified to act as grand juror did participate in finding and return- 
 in the bill, it may be shown that writing the name of such grand 
 juror in indictment was a clerical error. 141/1 (80 S. E. 314). 
 The use of the term "frunk" instead of the word "drunk," in in- 
 dictment for sale of liquor, was a clerical error. 14 App. 544, 547 
 (81 S. E. 910). 
 
 Conclusion of pleader. Allegation that an act which of itself is in- 
 trinsically lawful was done unlawfully, unless by explanatory state- 
 ment it is specifically pointed out in what manner the act was done 
 unlawfully, is a mere conclusion of the pleader. 17 App. 205 (86 
 S. E. 452). 
 
 Conjunctive allegations. Allegation of several forbidden things in one 
 count, using "and" where statute has "or," not double. 1 App. 700 
 (58 S. E. 67). See 123/17 (51 S. E. 11). 
 
 Counts. As to misdemeanors, different counts charging offenses of 
 same nature may be joined in one indictment. 18 App. 201 (1) (89 
 S. E. 178). 
 
 Formal defect. Indictment returned July 8, 1915, showed upon its face 
 that the writing of the date of the offense alleged therein, to wit, 
 "2nd day of June, in the year of our Lord, nineteen hundred 
 
 and , with force and arms," had not been completed by 
 
 the drawer of the indictment; and it may be assumed that this 
 omission in the date was a mere lapsus pennae. 17 App. 750 (2) 
 (88 S. E. 410). 
 
 Names of grand jurors not appearing in indictment, it should be 
 quashed on motion, though endorsement, "True bill," was followed 
 by signature and the word "Foreman." 14 App. 451 (81 S. E. 
 391). Offense is characterized in indictment not by the name given 
 it therein, but by criminal acts therein alleged to have been com- 
 mitted. 17 App. 414 (1) (87 S. E. 147). 
 
 Particularity. In a broad sense, an indictment in which the essential 
 elements of the crime charged are set out with such particularity 
 as will fully apprise accused of the exact nature of the offense and 
 the manner in which it was committed is sufficient. 17 App. 337, 338 
 (5) (86 S. E. 784).
 
 DEMAND FOR TRIAL 817 
 
 Place. Only in an indictment under a statute which makes the charac- 
 ter of the place an essential element of the offense must the place 
 at which the crime was committed be described with particularity. 
 15 App. 348 (1) (83 S. E. 198). 
 
 Special presentment is treated as an indictment. 127/61 (65 S. E. 131). 
 
 Surplusage. Allegations which are too general and indefinite to set 
 forth a crime may be treated as surplusage if there are other 
 averments which sufficiently allege the commission of an offense. 
 12 App. 86 (76 S. E. 779); 18 App. 87, 89 (88 S. E. 996). No aver- 
 ment can be rejected as surplusage which is descriptive either of 
 the offense or of the manner in which it was committed. 16 App. 
 311 (3) (85 S. E. 267). 
 
 Time. Indictment naming neither day nor month is defective and 
 should be quashed on special demurrer. 15 App. 511 (2) (83 S. E'. 
 866). 
 
 DEMAND FOR TRIAL. $983 P. C. 
 
 The State ") In the Superior Court of 
 
 vs. County Term, 19 . 
 
 Indictment for. . 
 
 Now comes , the defendant in the above named 
 
 and stated case, at this the term said indictment was found (or 
 at the next term after said indictment was found as the case 
 may be), and there being jurors empaneled and qualified to try 
 said case at this time, defendant makes this his demand for trial 
 and asks that the same be placed upon the minutes and that he 
 be tried at this term or at the next term of this Court, or in de- 
 fault of such trial, that he be fully acquitted and discharged of 
 said offense. 
 
 This day of ,19 
 
 Attorney for Defendant. 
 
 Superior Court. 
 
 Term, 19 
 
 The above 'and foregoing having been presented, and the same 
 being true, said demand is allowed. Let it be placed upon the 
 minutes. 
 
 This day of , 19 
 
 Judge of the Superior Court.
 
 818 COPY OF ACCUSATION, ETC. 
 
 COPY OF ACCUSATION AND LIST OF NAMES OF 
 
 WITNESSES UPON WHOSE TESTIMONY CHARGE 
 
 IS FOUNDED. 8 (2), 970 P. C. 
 
 DEMAND. 
 
 The State "} In the Superior Court of 
 
 vs. f County.- Term, 19 .... 
 
 Indictment for 
 
 To , Solicitor-General. 
 
 As the 'defendant in the above-named and stated case, I hereby 
 make demand upon you, as Solicitor-General, for a copy of the 
 bill of indictment in said case, and a list of the names of the 
 witnesses upon whose testimony such charge is founded, and 
 who were sworn and gave evidence thereon before the grand 
 jury. 
 
 RESPONSE OF SOLICITOR-GENERAL. 
 
 The State ~\ In the Superior Court of 
 
 vs. County Term, 19 .... 
 
 J Indictment for 
 
 To , Defendant : 
 
 In response to your demand for a copy of the indictment and 
 list of witnesses upon whose testimony the charge in the above- 
 named and stated case is founded, and who were sworn and gave 
 evidence thereon before the grand jury, I furnish herewith a 
 copy of the indictment and also a list of the witnesses who were 
 sworn and gave evidence thereon before the grand jury as fol- 
 lows : 
 
 [Here set out the names of the witnesses.] 
 
 This day of , 19 
 
 Solicitor-General. 
 
 Unless there is something in the charter to the contrary, it is not 
 necessary, it is not necessary that a person accused of violation of 
 a municipal ordinance shall be furnished with a written accusation 
 or statement of the charge made against him. 15 App. 511 (1) (83 
 S. E. 866). Demand for indictment not allowable in criminal 
 court of Atlanta. 126/84 (54 S. E. 931).
 
 DEMURRERS TO INDICTMENT 819 
 
 DEMURRERS TO INDICTMENT. 975 P. C. 
 
 GENERAL DEMURRER. 
 
 The State ") In the Superior Court of 
 
 vs. County Term, 19 
 
 ... 3 Indictment for. . 
 
 Now comes the defendant in the above-named and stated case 
 and before arraignment and before pleading to the indictment 
 therein, and demurs thereto, .and for grounds of demurrer, says: 
 
 1st. This defendant demurs to said indictment upon the 
 ground that the allegations therein do not charge this defend- 
 ant with any offense under the law, and under the allegations 
 therein the defendant is not guilty of any offense under the laws 
 of this State. 
 
 2nd. This defendant demurs to said indictment upon the 
 ground that there is no offense under the laws of this State 
 charged against defendant therein, and the allegations of said 
 indictment do not set out and charge an offense under the laws 
 of this State against defendant. 
 
 3rd. This defendant demurs to said indictment upon the 
 ground that the allegations therein are not sufficient to charge 
 this defendant with a violation of any offense under the laws of 
 this State, and said indictment is wholly insufficient in law. 
 
 This defendant prays that each and all of the foregoing 
 grounds of demurrer be examined into by the Court and that 
 said indictment be quashed upon each and all of said grounds. 
 
 Attorney for Defendant. 
 
 SPECIAL DEMURRER. 
 
 State ~\ In the Superior Court of 
 
 County. Indictment for 
 
 at the term, 19 .... 
 
 Now comes the defendant in the above-named and stated case 
 before arraignment and before pleading therein, and files these 
 his demurrers to said indictment, and for grounds of demurrer, 
 says: 
 
 1st. This defendant demurs to said indictment upon the 
 ground that there is no allegation of any date charged therein,
 
 820 SPECIAL PLEAS 
 
 at which time the defendant committed the offense alleged in 
 the charge, and this defendant prays the Court that said indict- 
 ment be quashed upon this ground. 
 
 or 
 
 This defendant demurs to said indictment upon the ground 
 that the charge therein set out and alleged is one for larceny 
 from the house and there is no allegation in said indictment of 
 the value of said property, or that it is of any value, and on 
 this ground this defendant prays that said indictment be 
 quashed. 
 
 This defendant demurs to said indictment upon the ground 
 that there are no names of the grand jurors set out in said indict- 
 ment, and it does not appear who the grand jurors are, and who 
 it is that makes the charge against the defendant, and on this 
 ground this defendant prays that said indictment be quashed. 
 
 or 
 
 This defendant demurs to said indictment upon the ground 
 that the same contains two counts, and the first count does not 
 close in proper form, in that the allegation "contrary to the laws 
 of said State, the good order, p'eace and dignity thereof" is 
 omitted from the end of said count, and the first count not being 
 in proper form and being insufficient in law, on this ground this 
 defendant prays that the said first count be quashed. 
 
 (NOTE: Any objection as to the form of the indictment must be 
 taken by special demurrer in writing previous to pleading and arraign- 
 ment or waiver of arraignment, and these forms can be varied to suit 
 any particular case.) 
 
 SPECIAL PLEAS. $975-979 P. C. 
 
 PLEA OF MISNOMER. 979 P. C. 
 
 The State ~\ In the Superior Court of 
 
 vs. - County Term, 19 .... 
 
 ; 3 Indictment for 
 
 Now comes defendant in the above-named and stated case be- 
 fore arraignment and before pleading therein, and files this his 
 special plea to said indictment, and says : 
 
 This defendant has been indicted under the name of , 
 
 as set out and charged in said indictment, and he alleges that
 
 SPECIAL PLEAS 821 
 
 such name is not his true name and that he has never been 
 known and called by said name, but that his true name is 
 
 , by which he has always been known and called, 
 
 and he files this his plea of misnomer to said indictment, sub- 
 mits it to the Court and prays that said indictment be quashed. 
 
 Defendant's Attorney. 
 
 Georgia, County. 
 
 Personally came before the undersigned officer . .- 
 
 , the subscriber, who, being duly sworn, on oath 
 
 says that the facts and things stated in the foregoing plea, are 
 true. 
 
 Sworn to and subscribed before me, this 
 
 day of , 19 
 
 Clerk Superior Court. 
 
 Plea of misnomer must be filed before arraignment. 140/864 (80 
 S. E. 315). 
 
 PLEA IN ABATEMENT ON GROUND OF DISQUALIFICATION OF 
 GRAND JURORS. 
 
 The State ~} In the Superior Court of 
 
 vs. ' County Term, 19 . 
 
 j Indictment for. . 
 
 Now comes the defendant in the above-named and stated case, 
 and, before arraignment and plea therein, files this his special 
 plea thereto, and says : 
 
 1st. Defendant was arrested on a bench warrant that issued 
 
 from said Superior Court on an indictment found at the 
 
 term, 19. . . ., thereof, charging defendant with the offense of 
 trespass. Defendant had no knowledge of the pendency of said 
 matter before the grand jury, being not guilty of the charges 
 therein, and knew nothing of them until said arrest. It appears 
 from the names of the grand jurors set out in said indictment 
 
 and who served and acted in finding said indictment, that 
 
 was one of the grand jurors who acted in findkig said bill, and 
 
 it further appears that the said the said juror 
 
 who acted in finding said bill as set out and charged in such in- 
 dictment, is the owner of the land upon which the trespass is
 
 822 SPECIAL PLEAS 
 
 alleged to have been committed, and this defendant submits to 
 
 the Court that the said. , juror, wa s not a qualified 
 
 juror to act in such case, and this defendant never had any 
 notice of the pendency of the said matter before the grand jury 
 and knew nothing of said matter before the grand jury and knew 
 nothing of said prosecution until said indictment was found, and 
 he had no opportunity to challenge said , , the al- 
 leged owner of said land as a grand juror, and for this reason 
 this defendant files this his plea to said indictment upon said 
 ground and prays that the same be quashed. 
 
 Attorney for Defendant. 
 (Attach verification.) 
 
 PLEA OF AUTRE Fois ACQUIT. 63G4; 11 P. C. 
 
 The State ] ^ the Superior Court of . 
 
 vg County Term, 19.... 
 
 Indictment for assault with intent to 
 
 murder. 
 
 Now comes the defendant in the above-named and stated case, 
 and, before arraignment and pleading therein, files this his 
 special plea thereto upon the following ground: 
 
 This defendant was indicted at the term, 19. . . ., of 
 
 this court, for the offense of assault and battery upon one , 
 
 and at said term was tried and acquitted of the charge in said 
 indictment. The said indictment for assault and battery was 
 found upon the same facts and the same transaction upon which 
 the present indictment for assault with intent to murder is 
 framed, which charges an offense of assault with intent to mur- 
 der upon , the same person named in the indict- 
 ment for assault and battery as assaulted and beaten, and this 
 defendant charges and alleges that having been tried and ac- 
 quitted of the offense of assault and battery upon , 
 
 and the said alleged assault and battery having happened at the 
 same time upon the same person and being the same transaction 
 upon which he is indicted for the offense of assault with intent 
 to murder, this cfefendant pleads said former trial and acquittal 
 of the charge of assault and battery in bar to this indictment 
 for assault with intent to murder, and prays that he be dis- 
 charged.
 
 SPECIAL PLEAS 823 
 
 This defendant submits hereto with this special plea a copy 
 of the said indictment for assault and battery, with the verdict 
 of the jury thereon finding him not guilty, as a part of this plea. 
 
 Attorney for Defendant. 
 
 Georgia, County. 
 
 Personally came before the undersigned attesting officer, 
 
 , the subscriber, who, being duly sworn, on oath 
 
 says that the facts and things set out in the foregoing plea, are 
 true. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 Clerk Superior Court. 
 
 PLEA or AUTRE Fois CONVICT. 
 
 (The above plea can be varied, and if the plea of autre fois convict 
 is proper, the plea can be changed to meet such a state of facts.) 
 
 PLEA OF FORMER JEOPARDY WHERE MISTRIAL DECLARED. 
 
 The State ") Indictment for highway robbery. In 
 
 vs. Superior Court. 
 
 J ..Term, 19.. 
 
 Conies now the defendant, , in the above-named 
 
 and stated case, and, before plea and arraignment therein, files 
 this his special plea thereto and alleges : 
 
 1st. That on the day of 19 . . . . , in the 
 
 Superior Court of County this defendant was 
 
 placed on trial in this Court upon said indictment for the offense 
 alleged therein and charged, and that after having waived ar- 
 raignment therein and filing a plea of not guilty therein and 
 after the issue in said case was made up and submitted to the 
 jury and after evidence had been heard thereon, the Judge pre- 
 siding in said case, the Honorable , declared a mis- 
 trial in said case over the protest and without the consent of this 
 defendant, and without any legal and sufficient reason therefor, 
 and this defendant having been placed in jeopardy upon said 
 charge in this Court, which said Court at said time had jurisdic-
 
 824 SPECIAL PLEAS 
 
 tion of said offense, this defendant pleads said former jeopardy 
 in bar and further prosecution on said indictment, and prays 
 the Court that this his plea be sustained and that he be dis- 
 charged from any other and further prosecution and liability in 
 said case. This defendant attaches hereto a copy of the indict- 
 ment in this case, together with the waiver of arraignment 
 thereon and the plea of not guilty filed by this defendant on 
 said former trial. 
 
 Attorney for Defendant. 
 Personally came before the undersigned attesting officer, the 
 
 defendant, who, being duly sworn, on oath says 
 
 that the facts and things stated in the foregoing plea, are true. 
 
 Sworn to and subscribed before me, this 
 day of , 19 
 
 Accusation. Plea of former jeopardy which does not set forth a copy 
 of accusation on which it is alleged the accused was previously 
 tried, is fatally defective, and may properly be stricken on de- 
 murrer pointing out that defect. 14 App. 577 (1) (81 S. E. 797). 
 
 Copy of ordinance. Plea setting up that accused had already been con- 
 victed by the recorder of a certain municipality of the same 
 offense, but which failed to set out a copy of the ordinance under 
 which he had been convicted, was properly stricken on demurrer. 
 13 App. 74 (78 S. E. 859). 
 
 Indictment. Under the practice prevailing in Georgia, it would seem 
 that if the plea of autre fois convict showed a valid verdict upon 
 a good indictment it would not be demurrable merely because it 
 was not alleged that a valid judgment of conviction had been enter- 
 ed up on the verdict. 14 App. 276 (4) (80 S. E. 688). 
 
 Necessity. Plea is necessary in order to set up former jeopardy; evi- 
 dence as to former jeopardy was properly rejected in absence of 
 such plea. 17 App. 447 (87 S. E. 602). 
 
 Sufficiency of facts. Plea is good, where the facts required to support 
 the second indictment would have been sufficient to convict under 
 the first. 13 App. 733, 735 (80 S. E. 14). 
 
 INSANITY. 9Y6 P. C. 
 
 The State ~\ In Superior Court of 
 
 vs. r County Term, 19 .... 
 
 3 Indictment for murder. 
 
 Now comes the defendant in the above-named and stated case, 
 and, before plea and arraignment therein, files this his special 
 plea in said case, and says :
 
 ARRAIGNMENT 825 
 
 At this time of trial this defendant alleges and says that he 
 is now insane, and has not sufficient mental capacity and mind 
 to make his defense, and to advise his counsel as to his defense, 
 and the facts upon which it is founded to enable them to pre- 
 pare and make the same, that he is not guilty of the offense 
 charged against him in said indictment, and he prays that the 
 facts set up in this plea may be inquired into by the Court and 
 that such further proceedings may be had as are in conformity 
 to law. 
 
 Attorney for Defendant. 
 
 ARRAIGNMENT. 968-974 P. C. 
 
 WAIVER, AND PLEA. 
 
 The defendant, , waives formal arraignment, 
 
 and pleads not guilty. 
 
 This day of , 19 
 
 Defendant's Attorney. 
 Solicitor-General. 
 
 FORM OF ARRAIGNMENT. 
 
 The Solicitor-General will say: "John Doe, stand up. You 
 have been indicted by the grand jury of this county for the 
 offense of Listen to the reading of the indict- 
 ment." 
 
 The Solicitor-General will then read the indictment, and will 
 then say: "How say you, John Doe, are you guilty or not 
 guilty?" [Here the defendant will make his plea, which will 
 be recorded by the Solicitor-General on the indictment as fol- 
 lows: 
 
 "The defendant, being formally arraigned, pleads not guilty, 
 this day of ,19 "] 
 
 Then the Solicitor-General will say: "These good men and 
 true, whose names you have heard called, and whose names you
 
 826 JURY AND JURORS 
 
 will hear called again, are those who are to pass between you 
 
 and the State of Georgia upon this, your trial for 
 
 on this indictment. If you would challenge them or any one 
 of them, challenge them when they come to be sworn and be- 
 fore they are sworn, and you shall be heard." 
 
 Formal arraignment not required where indictment was read over to 
 
 accused by the solicitor-general, and plea of "not guilty" entered. 
 
 125/739 (54 S. E. 667). 
 Misdemeanor case, what arraignment sufficient in. 125/739 (54 S. E. 
 
 667). 
 Waiver of arraignment on one trial applies also to subsequent trial 
 
 granted on defendant's motion. 17 App. 252 (87 S. E. 705). 
 
 JUKY AND JUKORS. 
 
 CHALLENGE TO ARRAY. 998 P. C. 
 
 The State In Superior Court of. 
 
 vs. > County Term, 19 .... 
 
 ) Indictment for 
 
 Now comes the defendant in the above-named and stated case 
 before plea and arraignment therein, and when and at the time 
 the panel of jurors empaneled to try him are put upon him, he 
 challenges the array of said jurors and says that the same should 
 not be put upon him and try his case, and for grounds thereof, 
 says : [Here state the grounds of challenge, which may be "for 
 any cause going to show that it was not fairly or properly em- 
 paneled, or ought not to be put upon him."] 
 
 This defendant insists that he is entitled to a fair and proper 
 jury, and for each and all of the reasons hereinbefore set out, 
 he insists that this panel should be quashed. 
 
 Attorney for Defendant. 
 
 PRELIMINARY OATH TO JURORS. 1001 P. C. 
 
 You shall true answers make to such questions as may be 
 asked you by the Court or its authority touching your compe-
 
 OATH OF WITNESSES VERDICT OF JURY 827 
 
 tency as jurors in the case of State of Georgia vs , 
 
 charged with the offense of , so help you God. 
 
 QUESTIONS ON VOIR DIRE. 1001 P. C. 
 
 1. Have you, from having seen the crime committed or from 
 having heard any of the testimony delivered on oath, formed and 
 expressed any opinion in regard to the guilt or innocence of the 
 prisoner at the bar ? 
 
 2. Have you any prejudice or bias resting on your mind 
 either for or against the prisoner at the bar? 
 
 3. Is your mind perfectly impartial between the State and 
 the accused? 
 
 [The following to be asked in capital cases:] 
 
 4. Are you conscientiously opposed to capital punishment ? 
 
 OATH OF JURY. 1003, 1005 P. C. 
 
 You shall well and truly try the issue formed upon this bill 
 
 of indictment between the State of Georgia and 
 
 charged with the offense of . . . , and a true ver- 
 dict give according to the evidence, so help you God. 
 
 OATH OF WITNESSES. 1006 P. C. 
 
 The evidence you shall give the Court and jury upon the trial 
 
 of this issue between the State of Georgia and 
 
 charged with the offense of '., shall be the truth, 
 
 the whole truth and nothing but the truth, so help you God. 
 
 VERDICT OF JURY. 1059 P. C. 
 
 We, the jury, find the defendant guilty [or not guilty, as the 
 case may be]. 
 
 This day of , 19 
 
 Foreman.
 
 828 BENCH WARRANT 
 
 BENCH WARKANT. 957 P. C. 
 
 To All and Singular the Sheriffs, Deputy Sheriffs, Constables 
 and Coroners of said State, Greeting: 
 
 At the term, 19. . . ., of the Superior Court of 
 
 said County, the grand jurors found a true bill against 
 
 for the offense of 
 
 You, and each of you, are therefore commanded, in the name 
 
 of the State, to arrest the said defendant, , and 
 
 bring him before me to be dealt with as the law directs. Herein 
 fail not. 
 
 Given under my hand and official signature this 
 
 day of ,19 
 
 Judge Superior Court Circuit. 
 
 Solicitor-General. 
 
 BOND.' 
 
 Georgia, County. 
 
 Know all men by these presents, That we, 
 
 principal, and , securities, are held and firmly bound 
 
 unto His Excellency , Governor of said State, and 
 
 his successors in office, in the penal sum of dollars, 
 
 for the true payment whereof we bind ourselves, our heirs, exec- 
 utors and administrators, jointly and severally, firmly by these 
 presents. 
 
 Signed with our hands, sealed with our seals, and dated this 
 day of ,19 
 
 The condition of 'the above obligation is such, That if the 
 above bound principal shall personally be and appear at the next 
 
 Superior Court of said county to be held on the 
 
 Monday in next, from day to day, and from term 
 
 to term, then and there to answer to an indictment for the offense 
 
 of (returned by the grand jury of said county as 
 
 true), and shall not depart thence without the leave of said court, 
 then the above obligation to be null and void, else to remain in 
 full force and virtue. And the better to secure the payment of 
 this bond, in the event of forfeiture, we, each fpr ourselves and 
 families, and as the head of our respective families, renounce 
 and waive all right and benefit of homestead and exemption
 
 ACCUSATION IN CITY OR COUNTY COURT 829 
 
 under the Constitution and laws of this State, as against this 
 
 obligation. 
 
 , Principal (Seal. ) 
 
 , Security (Seal.) 
 
 , Security (Seal. ) 
 
 , Security (Seal.) 
 
 Executed in presence of and 
 approved by 
 
 Sheriff. 
 
 ENTRY OF ARREST. 
 
 Georgia, County. 
 
 I have this day executed the within warrant by arresting the 
 
 defendant and have him in my 
 
 custody. 
 
 This , 19.... 
 
 Sheriff, County. 
 
 ACCUSATION IN CITY OR COUNTY COURT. 790 (b> 
 
 790 (eee) P.C. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally came , who, on oath, says that to the 
 
 best of . .knowledge and belief did on the 
 
 day of , 19 . . . . , in the county 
 
 aforesaid, commit the offense of , for that the said 
 
 at the time aforesaid and in the county aforesaid, 
 
 did then and there unlawfully and with force and arms 
 
 and deponent makes this affidavit that an accusation 
 
 may be made against the said. . . in the 
 
 court of said county. 
 
 Sworn to and subscribed before me, this 
 the day of , 19 
 
 Judge of Court.
 
 830 ACCUSATIONS IN CITY OK COUNTY COURT 
 
 ACCUSATION. 
 
 Georgia, County. 
 
 In the Court of said County. 
 
 I, , in the name of the State of Georgia, charge 
 
 and accuse , of the county and State aforesaid, 
 
 basing said accusation upon the above and foregoing affidavit, 
 
 with the offense of For that the said 
 
 on the day of , 19 . . . . , in the county 
 
 aforesaid, did then and there unlawfully and with force and 
 
 arms contrary to the laws of said State, the good 
 
 order, peace and dignity thereof. 
 
 County Court. This day of , 
 
 19.... 
 
 Prosecutor. 
 
 WAIVER OF DEFENDANT. 
 
 The defendant waives arraignment, indictment, presentment 
 of -grand jury, the two days' notice, accusation and list of 
 witnesses, and pleads guilty. 
 
 Defendant's Attorney. 
 
 DEMAND FOR JURY. 
 
 The defendant demands the jury allowed by 
 
 law. 
 
 Defendant's Attorney. 
 
 VERDICT. 
 
 We, the jury, find the defendant guilty. This 
 
 day of , 19 
 
 Foreman. 
 
 Affidavit. Accusation in city court must be founded on affidavit definite- 
 ly charging an offense. 16 App. 2G8 (2) (85 S. E'. 262). Accusa- 
 tion must follow affidavit, and proof must conform to both. 16
 
 BASTARDS 831 
 
 App. 191, 192 (84 S. E. 839), 268 (2) (85 S. E. 262). Where a 
 court is empowered by statute to try misdemeanor upon written 
 accusation founded on affidavit, a valid affidavit is essential. 17 
 App. 143 (4) (86 S. E. 415). Wife can not sign an accusation, 
 charging another woman with adultery committed with her hus- 
 band. 14 App. 614 (81 S. E. 912). 
 
 Amendment to accusation relates back to the time of filing the original 
 accusation. 16 App. 34 (2) (84 S. E. 494). Accusations are amend- 
 able up to the time that issue is joined. 17 App. 143, 144 (86 S. E. 
 415). 
 
 Punctuation. Even if failure here to punctuate properly a criminal 
 accusation were good ground for demurrer, accused, by his failure 
 to demur, waived his right to object. 16 App. 194 (84 S. E. 833). 
 
 BASTARDS. 3026-3030; 682, 683, 1330-1336 P.O. 
 
 PROCEEDINGS FOR BASTARDY WARRANT. 1331 P. C. 
 
 AFFIDAVIT. 
 
 Georgia, County. 
 
 Personally appeared before me, in and for 
 
 said county, , an unmarried woman, who upon 
 
 oath says that she is pregnant with a bastard child [or has been 
 delivered of a bastard child, as the case may be], which child it 
 is probable will become chargeable to the county aforesaid, and 
 that is the father of said child. 
 
 [L.S.] 
 
 Sworn to and subscribed before me, this 
 
 the day of , 19 
 
 ..J. P. 
 
 WARRANT. 
 
 Georgia, County. 
 
 To the Sheriff or any Constable of said County: 
 
 , an unmarried woman, having made oath 
 
 before me that she is pregnant with a bastard child [or has been 
 
 delivered of a bastard child, as the case may be], which child it 
 
 is probable will become chargeable to said county, and that 
 
 , . is the father of said child : You are therefore
 
 832 BASTARDS 
 
 ' _"r 
 
 hereby commanded to arrest the body of the said 
 
 and bring him before me to be dealt with as the law directs. 
 
 Given under my hand and official signature this day 
 
 of , 19 
 
 . .J. P. 
 
 JUDGMENT REQUIRING BOND OF BASTARD CHILD'S FATHER. 
 
 1332 P. C. 
 
 Georgia, County. 
 
 having been arrested and brought before me 
 
 upon a warrant charging him with bastardy, issued at the 
 
 instance of , the mother of a certain bastard 
 
 child, which warrant charges said with being the 
 
 father of said child, after hearing evidence, it is ordered that the 
 said give security for the maintenance and educa- 
 tion of said child until it arrives at the age of fourteen years 
 [and (where the child is unborn) "for the expense of lying-in 
 with such child, boarding, nursing and maintenance while the 
 mother is confined."] 
 
 ..J. P. 
 
 BOND FOR MAINTENANCE AND EDUCATION OF BASTARD CHILD. 
 
 1332 P. C. 
 
 Georgia, County. 
 
 Know all Men by these Presents: 
 
 That we, , principal, and , 
 
 security, acknowledge ourselves jointly and severally bound to 
 
 , ordinary of said county, and his successors in 
 
 office, in the sum of dollars, subject to the following 
 
 conditions : 
 
 Whereas, has made affidavit before , 
 
 justice of the peace for said county, charging said 
 
 with being the father of her bastard child now of the age of 
 
 [or "yet unborn," as the case may be] , upon the 
 
 hearing whereof the said justice required said 
 
 to give security for the maintenance of said child, pursuant to 
 law. 
 
 Now, should the said duly provide for the 
 
 maintenance and education of said child until it arrives at the
 
 BASTARDS 833 
 
 age of fourteen years [and (where the child is yet unborn) 
 "also the expense of lying-in with such child, boarding, nursing 
 and maintenance, while the mother is confined by reason 
 thereof], then this bond to be void, else of full force and effect. 
 Witness our hands and seals this ...... day of ............ , 
 
 19.... 
 
 ..................... , Principal (L. S. ) 
 
 ..................... , Security (L. S.) 
 
 Executed in the presence of and approved 
 
 J. P. 
 
 JUDGMENT REQUIRING BOND FOR APPEARANCE. 1332 P. C. 
 
 Georgia, County. 
 
 having failed and refused to give the security 
 
 required in the foregoing order, after having been required so 
 to do, it is ordered that he give bond and security in the sum 
 
 of ....'. dollars, to appear before the next Superior 
 
 Court of said county to answer such complaint as may be then 
 and there alleged against him touching the premises, and in 
 default of said bond, that he be committed to jail to then and 
 there answer such complaint as may be found touching the 
 premises. 
 
 This day of , 19 
 
 ..J. P. 
 
 BOND FOR APPEARANCE. 1332 P. C. 
 
 Georgia, County. 
 
 We, , principal, and , security, 
 
 acknowledge ourselves jointly and severally bound to his Excel- 
 lency , Governor of Georgia, and his successors in 
 
 office, in the sum of dollars, subject to the following 
 
 conditions : 
 
 Whereas, .has heretofore made, before , 
 
 J. P., an affidavit charging with being the father 
 
 of her bastard child, upon the hearing whereof the said 
 
 was required to give bond, pursuant to law, which he has failed 
 to do : 
 
 Now, should the said. appear before the next 
 
 Superior Court of said county, to be held on the
 
 834 EXTRADITION OF FUGITIVES FROM JUSTICE 
 
 Monday in ............ , 19. . . ., and from day to day and 
 
 term to term thereafter, to answer such complaint as may be 
 then and there alleged against him touching the premises, and 
 not depart thence without leave of the court, then this bond to 
 be void. 
 
 Witness our hands and seals this ...... day of ............ , 
 
 19 ____ 
 
 .................... , Principal (L. S.) 
 
 .................... , Security (L. S.) 
 
 Executed in the presence of, and approved 
 
 J. P. 
 
 EXTRADITION OF FUGITIVES FROM JUSTICE. 
 1352-1359 (c) P. C. 
 
 Rules for practice and forms adopted by the Interstate Extra- 
 dition Conference, at its session held in New York, August 24, 
 
 1887. 
 
 PREAMBLE TO ADOPTION OF RULES FOE PRACTICE AND FORMS. 
 
 We, the undersigned, delegates to an Inter-State Extradition Confer- 
 ence, appointed by the Governors of the several States and Territories, 
 and assembled at New York City, this 24th day of August, 1887, hereby 
 certify that after deliberation, the following rules and forms have been 
 adopted, and we recommend the use of the same in all cases of inter- 
 state extradition: 
 
 Charles H. Phelps, California; Tilton E. Doolittle, Connecticut; Alex- 
 ander B. Hagner, District of Columbia; T. J. Simmons, W. W. Mont- 
 gomery, Boykin Wright, Georgia; J. K. Edsall, Illinois; Almon A. Strout, 
 Maine; Edgar J. Sherman, Massachusetts; Milo D. Campbell, Michi- 
 gan; Moses E. Clapp, Minnesota; William Lease, Nebraska; Daniel 
 Barnard, New Hampshire; Goodwin Brown, New York; Theodore F. 
 Davidson, North Carolina; Charles E. Prior, Ohio; C. W. Stone, W. S. 
 Kirkpatrick, Pennsylvania; Edwin S. McGuinness, Rhode Island; W. K. 
 Bachman, South Carolina; John W. Stewart, Vermont; Henry W. 
 Flourney, Virginia; L. J. Rusk, Wisconsin. 
 
 RULES OF PRACTICE. 
 
 The application for the requisition must be made by the district or 
 prosecuting attorney for the county or district in which the offense was 
 committed, and must be in duplicate original papers or certified copies 
 thereof.
 
 EXTRADITION OF FUGITIVES FROM JUSTICE 835 
 
 The following must appear by the certificate of the district or the 
 prosecuting attorney: 
 
 (a) The full name of the person for whom extradition is asked, to- 
 gether with the name of the agent proposed, to be properly spelled, in 
 Roman capitals, for example, JOHN DOE 1 , 
 
 (b) That in his opinion the ends of public justice require that the 
 alleged criminal be brought to this State for trial at the public expense. 
 
 (c) That he believes he has sufficient evidence to secure the con- 
 viction of the fugitive. 
 
 (d) That the person named as agent is a proper person, and that he 
 has no private interest in the arrest of the fugitive. 
 
 (e) If there has been any former application for the requisition of 
 the same person, growing out of the same transaction, it must be so 
 stated, w'ith an explanation of the reason for a recond request, to- 
 gether with the date of such application, as near as may be. 
 
 (f) If the fugitive is known to be under either civil or criminal 
 arrest in the State or Territory to which he is alleged to have fled, the 
 fact of such arrest and the nature of the proceedings on which it is 
 based must be stated. 
 
 (g) That the application is not made for the purpose of enforcing 
 the collection of a debt, or for any private purpose whatever, and that 
 if the requisition applied for be granted, the criminal proceedings shall 
 not be used for any of said objects. 
 
 (h) The nature of the crime charged, with a reference, when prac- 
 ticable, to the particular statute denning and punishing the same. 
 
 (i) If the offense charged is not of recent occurrence, a satisfactory 
 reason must be given for the delay in making the application. 
 
 1. In all cases of fraud, false pretenses, embezzlement or forgery, 
 when made a crime by the common law, or any penal code or statute, 
 the affidavit of the principal complaining witness or informant that the 
 application is made in good faith, for the sole purpose of punishing the 
 accused, and that he does not desire or expect to use the prosecution for 
 the purpose of collecting a debt, or for any private purpose, and will 
 not directly or indirectly use the same for any of said purposes, shall 
 be required, or a sufficient reason be given for the absence of such 
 affidavit. 
 
 2. Proof by affidavit of facts and circumstances satisfying the Execu- 
 tive that the alleged criminal has fled from the justice of the State, and 
 is in the State on whose Executive the demand is requested to be made, 
 must be given. The fact that the alleged criminal was in the State 
 where the alleged crime was committed at the time of the commission 
 thereof, and was found in the State upon which the requisition was 
 made, shall be sufficient evidence, in the absence of other proof, that he 
 is a fugitive from justice. 
 
 3. If an indictment has been found, certified copies, in duplicate, 
 must accompany the application. 
 
 4. If an indictment has not been found by a grand jury, the facts and 
 circumstances showing the commission of the crime charged, and that 
 the accused perpetrated the same, must be shown by affidavits taken be- 
 fore a magistrate (a notary public is not a magistrate within the mean- 
 ing of the statutes), and that a warrant has been issued and duplicated 
 certified copies of the same, together with the returns thereto, if any, 
 must be furnished upon an application.
 
 836 EXTRADITION OF FUGITIVES FROM JUSTICE 
 
 5. The official character of the officer taking the affidavits or deposi- 
 tions and of the officer who issued the warrant must be duly certified. 
 
 6. Upon the renewal of an application, for example: On the ground 
 that the fugitive has fled to another State, not having been found in the 
 State on which the first was granted, new or certified copies of papers 
 in conformity with the above rules must be furnished. 
 
 7. In the case of any person who has been convicted of any crime, 
 and escapes after conviction, or while serving his sentence, the applica- 
 tion may be made by the jailer, sheriff, or other officer having him in 
 custody, and, shall be accompanied by certified copies of the indictment 
 or information, record of conviction and sentence, upon which the per- 
 son is held, .with the affidavit of such persons having him in custody, 
 showing such escape, with the circumstances attending the same. 
 
 8. No requisition shall be made for the extradition of any fugitive 
 except in compliance with these rules. 
 
 APPLICATION OF- SOLICITOR-GENERAL FOR REQUISITION. 
 1357 P. C. 
 
 State of Georgia, County. 
 
 To His Excellency, , Governor of Georgia : 
 
 The petition of , Solicitor-General of the 
 
 judicial circuit, who is the prosecuting officer for 
 
 said circuit, respectfully shows: 
 
 1. That [set out his name in full, and not by 
 
 initials] alias is charged in an indictment found 
 
 true by the grand jury of Superior Court, and 
 
 returned into said Court on the day of , 
 
 19. . . ., and now of file in said court, with the offense of 
 
 as will fully appear by reference to the duly 
 
 certified copy of said indictment, and of the several entries 
 thereon, hereto attached and made a part of this petition, and 
 
 the said is a fugitive from justice, having fled to 
 
 the State of 
 
 2. Petitioner shows that in his opinion the ends of public 
 
 justice require th'at said , fugitive from justice as 
 
 aforesaid, be brought to this State for trial, at the public 
 expense. 
 
 3. Petitioner believes that he has sufficient evidence to secure 
 
 the- conviction of the said of the crime mentioned 
 
 in said indictment. 
 
 4. Petitioner names , sheriff of 
 
 county, Georgia, as agent for the State, and says that he is a 
 proper person to receive said fugitive, and return him to
 
 EXTRADITION OF FUGITIVES FROM JUSTICE 837 
 
 Georgia, and that the said has no private interest 
 
 in the arrest of the said , fugitive as aforesaid. 
 
 5. Petitioner shows that a former application for a requisi- 
 tion for the same person, growing out of the same transaction, 
 
 was made on or about the day of , 19. . . ., 
 
 upon the Governor of , and that no requisition was 
 
 issued thereupon by the Governor of because the 
 
 said , fugitive as aforesaid, could not be found in 
 
 that State. [If there was no former application, this clause 
 may be omitted.] 
 
 6. Petitioner shows that the said , fugitive as 
 
 aforesaid, is now under criminal arrest in the State of , 
 
 to which he is alleged to have fled, as hereinbefore stated, being 
 under arrest there, as petitioner is informed and believes, for 
 the offense of committed in the State last afore- 
 said. [This paragraph may be omitted is not according to the 
 facts.] 
 
 7. Petitioner shows that this application is not made for the 
 purpose of enforcing the collection of a debt, or for any private 
 purpose whatever, but that if the requisition now applied for be 
 granted, the criminal proceedings shall not be used for any such 
 object. 
 
 8. The nature of the crime charged sufficiently appears by 
 reference to the certified copy of the indictment hereto attached, 
 and of the particular statute of Georgia defining and punishing 
 the said crime is hereto attached marked "Exhibit B." 
 
 9. Petitioner shows that the offense charged in the said 
 indictment is therein alleged to have been committed on the 
 
 day of , 19. . . ., and that 
 
 months have intervened between that date and the date of the 
 present application, and that the reason for the delay in making 
 this application is that the authorities of the State of Georgia 
 did not know, and were not able to ascertain, the State to which 
 
 the said fugitive as aforesaid, fled, until the 
 
 day of , 19 .... [If no considerable delay 
 
 appears this paragraph may be omitted.] 
 
 Wherefore, petitioner prays the granting of a requisition in 
 terms of the law, according to the law in such case made and 
 provided. 
 
 This day of ,19 
 
 Solicitor-General Circuit.
 
 838 EXTRADITION OF FUGITIVES FROM JUSTICE 
 AFFIDAVIT OF PROSECUTOR. 1357 P. C. 
 
 Georgia, County. 
 
 rpi Q, ~1 Indictment in Superior Court 
 Ine btate . n , , 
 
 I oi County, for the 
 
 offense of 
 
 ' J Term, 19 
 
 Personally came before the' undersigned attesting officer, 
 
 who by the law has authority to administer oaths, , 
 
 who, being duly sworn, on oath says that he is a resident of said 
 county, and is the prosecutor upon the indictment in the above 
 named and stated case; affiant says that application is about 
 to be made to the Governor of Georgia, for a requisition upon 
 
 the Governor of , for the purpose of returning 
 
 said defendant to this State for the purpose of trial on said 
 indictment; affiant says that the said requisition is wanted for 
 the sole purpose of punishing the accused, and not in any way 
 to collect a debt or money, or to enforce the payment thereof. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 J. P. 
 
 (NOTE: This affidavit must be made in duplicate.) 
 
 CERTIFICATE OF CLERK TO MAGISTRATE'S AUTHORITY. 
 
 State of Georgia, County. 
 
 I, , Clerk of the Superior Court of said county, 
 
 which court is a court of record, do hereby certify that 
 
 is a duly commissioned justice of the peace in and for 
 
 said State and county, and that he was commissioned on the 
 
 day of , 19 . . . . , and that his commission 
 
 as such justice of the peace expires with the day of 
 
 , 19. . . ., and that he resides in said county of 
 
 I further certify that I am acquainted with the signature of 
 
 the said , as such justice of the peace, to the 
 
 instrument hereto attached ; that the same is genuine, and that, 
 under the laws of Georgia, he is authorized to attest instruments
 
 EXTRADITION OF FUGITIVES FROM JUSTICE 839 
 
 for record, take acknowledgments and administer oaths and to 
 issue warrants for arrests of criminals. 
 
 In witness of all which I hereunto subscribe my name 'and 
 
 affix the seal of this court, this the day of , 
 
 19.... 
 
 Clerk of the Superior Court of Co., Ga. 
 
 CERTIFICATE OF, THE CLERK TO COPY OF THE BILL OF 
 INDICTMENT. 
 
 State of Georgia, County. 
 
 I, , clerk of the Superior Court of said county, 
 
 which court is a court of record, do hereby certify that the grand 
 
 jury of said court, at the term thereof, did find as 
 
 true, and return into court, a bill of indictment against 
 
 , charging him with the offense of , 
 
 and that the copy hereto attached is a true copy of said indict- 
 ment, and of the several entries thereon, as the same appears of 
 file in this office. 
 
 In witness whereof I hereunto subscribe my name and affix 
 the seal of this court. 
 
 This day of , 19 
 
 [Official Seal] Clerk Superior Court County. 
 
 [NOTE. The Governor of Massachusetts, in refusing a requisition 
 upon the application of the Governor of Georgia, under date of June 14, 
 1907, held the papers not to be complete and desired that "a sworn 
 statement shall be made that the alleged criminal was in the State 
 where the alleged crime was committed at the time of the commission 
 thereof, and is found in the State upon which the requisition was made, 
 and that he is a fugitive from justice." It is suggested, that the follow- 
 ing affidavit be attached as an exhibit to the Solicitor-General's petition 
 filed with the Governor:] 
 
 State of Georgia, County. 
 
 Personally before the undersigned, an officer authorized to 
 
 administer oaths, came who, on oath, says that he is 
 
 familiar with the contents of the bill of indictment against 
 
 found true by the grand jury of 
 
 Superior Court at the term, 19. . . ., thereof, and 
 
 now of file in the clerk's office of said county, and that the 
 offense therein charged was committed in the State and county
 
 840 HABEAS CORPUS 
 
 aforesaid, and that said , the accused herein 
 
 mentioned, is now to be found in the State of upon 
 
 which a requisition is made, and that he is a fugitive from 
 justice from the State of Georgia.* 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 *This affidavit may be covered by the certificate of the clerk of the 
 Superior Court, as to the official character of the magistrate attesting 
 it. A commercial notary public will not do. 
 
 HABEAS CORPUS. 1290-1316 P. C. 
 
 PETITION. 1292 P. C. 
 
 Georgia, County. 
 
 To the Honorable , Judge of the Superior Court 
 
 of said County: 
 The petition of shows : 
 
 1. Your petitioner is illegally restrained of his liberty, by 
 being confined in the common jail of said county. 
 
 2. The person restraining the liberty of the said 
 
 is the sheriff and jailer of said county, and the 
 
 place of detention is at the common jail of said county. The 
 
 cause or pretence of said restraint by the said is 
 
 under and by virtue of a bench warrant, from which it appears 
 that the indictment was found against your petitioner by the 
 grand jury of the Superior Court of the said county, at the last 
 
 term thereof, for the offense of , in which case 
 
 was prosecutor. 
 
 A copy of said warrant is annexed to this petition. 
 
 3. Petitioner avers that he is detained by said 
 
 sheriff and jailer as aforesaid, and now offers to give bail in the 
 
 sum of dollars, which is a reasonable and sufficient 
 
 sum in a case of the character pending against the petitioner. 
 
 (a) Said sheriff and jailer as aforesaid refuses 
 
 to receive said bond and security, though good and sufficient in 
 the law, and still holds your petitioner in confinement requiring 
 
 him to give bail in the sum of dollars, which your 
 
 petitioner avers is excessive.
 
 HABEAS CORPUS 841 
 
 Wherefore, petitioner avers that his further restraint is illegal 
 and prays your Honor to issue State's writ of habeas corpus 
 
 directed to said sheriff and jailer as aforesaid, 
 
 requiring him to bring your petitioner before your Honor, at 
 the time and place to be specified in the writ, for the purpose 
 of examining into the case of the detention. 
 
 Petitioner. 
 
 AFFIDAVIT TO PETITION. 
 
 Georgia, County. 
 
 Personally comes , who, being duly sworn, 
 
 deposes and says that the allegations contained in the foregoing 
 petition for writ of habeas corpus are true. 
 
 Petitioner. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 J. P. 
 
 WRIT. 1295 P. C. 
 
 Georgia, County. 
 
 To 
 
 You are hereby commanded to produce the body of 
 
 alleged to be illegally detained by you, together with the cause 
 
 of the detention, before me, on the day of 
 
 at then and there to be disposed of as the law 
 
 directs. 
 
 .Let a copy of this order be served upon the solicitor-general, 
 
 if he is in the county, and if not, upon , the 
 
 prosecutor, three days before the hearing. 
 
 Given under my hand and official signature, this the 
 
 day of , 19 
 
 Judge Superior Court.
 
 842 HABEAS CORPUS 
 
 RETURN TO THE WRIT BY SHERIFF AND JAILER. 1299 P. C. 
 
 Georgia, County. 
 
 In obedience to the within writ and acting under the 
 authority of the same, I have taken the body of the within 
 
 named from the common jail in said county, and 
 
 now have him before the honorable , judge of the 
 
 Superior Court of the said county. 
 
 And for cause of the detention of the said and 
 
 his imprisonment in the said jail, I assign and state that on the 
 
 day of , 19. . . ., the said petitioner was 
 
 brought and committed to the said jail by , a 
 
 of the court of said county, by virtue 
 
 of a bench warrant issued out of the said court, which is here 
 produced, and the same annexed to this answer. 
 
 By the terms of said warrant the respondent herein was 
 
 required before releasing the said to exact of him 
 
 good and sufficient security in the sum of $1,000. 
 
 Respondent shows that the petitioner herein detained tendered 
 
 bond and security of only the sum of dollars, refusing 
 
 to tender more, on the ground that the amount of bail exacted 
 was unreasonable and excessive. The respondent herein refused 
 to accept such tender. 
 
 Respondent therefore assigns the premises aforesaid as the 
 
 cause of the detention and imprisonment of said 
 
 in said jail. 
 
 All of which is respectfully submitted. 
 
 Sheriff and Jailer of County, Ga. 
 
 AFFIDAVIT TO ANSWER. 
 
 Georgia, County. 
 
 And now comes , the sheriff and jailer mentioned 
 
 in the foregoing petition, and on oath says that the statements 
 contained in this, his return to the petition aforesaid, are true. 
 
 Sheriff and Jailer of County, Ga. 
 
 Sworn to and subscribed before me, this 
 day of ,19 
 
 J. P.
 
 GAME LAWS 843 
 
 Corporation. Writ should not be directed to 'a corporation; yet, where 
 it is, and the person is produced, cause of the detention will be in- 
 vestigated. 117/306 (43 S. E. 780). 
 
 Demurrer. After the writ is issued and the respondent has appeared 
 in answer to it, the sufficiency of the petition can not be tested by a 
 demurrer. 16 App. 208, 210 (84 S. E. 980). 
 
 Information and belief. Fact that averments of petition were made on 
 information and belief is not ground for quashing writ or refusing 
 to issue it. 117/306 (43 S. B. 780). 
 
 Return to writ may be amended at any time before final disposition of 
 the case; amendment stating mere formal averments of legal con- 
 clusions on facts stated in return need not be under oath. 120/670 
 (48 S. E. 170). 
 
 Technicalities. Writ of habeas corpus is a "writ of right," and its 
 beneficial effects ought not to be dissipated by subtle objections 
 and technical niceties, and the technical rules of the pleading are 
 not applicable to such a proceeding. 16 App. 208, 210 (84 S. E'. 
 980). 
 
 Verification of return by person other than one .making it did not re- 
 quire the discharge of the applicant held under sentence of court. 
 136/72, 80 (70 S. E. 781). 
 
 GAME LAWS. 
 
 (Acts 1911, p. 137, and Acts 1912, p. 113, as amended by 
 Acts 1916, p. 114. See Park's Ann. Code Supp., 1917, 
 2158(a)-2158(j); 594(a)-594(p) P. C.) 
 
 The following laws relating to the protection of game, birds and fish 
 are taken from bulletin number 6, issued by the Department of Game 
 and Fish in December, 1916. 
 
 SECTION 1. Be it enacted by the General Assembly of 
 Georgia, That the department of game and fish be established, 
 to be in charge of the game and fish commissioner, who shall 
 be appointed by the governor, and the term of whose office shall 
 be for a period of two years, beginning September 1, 1911, or 
 until his successor is appointed and qualified. Any vacancy in 
 the office by oath or otherwise, shall be filled by appointment 
 of the governor. 
 
 SEC. 2. Said commissioner shall receive a salary of not 
 exceeding $2,000.00 per annum, payable alone out of the fund 
 hereinafter mentioned, and provided by virtue of this act, and 
 he shall give his entire time to the service of the State as such 
 game and fish commissioner. 
 
 SEC. 3. Said commissioner shall give bond in the sum of 
 $4,000 payable to the governor of the state, with two or more 
 solvent securities, conditioned for the faithful performance of
 
 844 GAME LAWS 
 
 the duties of his office and a proper accounting of all moneys 
 that may come into his hands as commissioner. He shall keep 
 a public record correctly disclosing all moneys received and 
 expended, the number of hunters' licenses, the number of 
 wardens employed, with their names, 'and counties in which 
 they serve. Also the name of each person prosecuted for viola- 
 tion of this act, the amount of fines imposed and collected in 
 each case, and all such information as may be necessary to the 
 affairs of the department. The books and accounts of said com- 
 missioner shall be 'audited in the same way as other books and 
 accounts of the other departments of the state are audited. He 
 shall have a seal of office. 
 
 SEC. 4. It shall be the duty of said commissioner to see that 
 the laws now or hereafter enacted for the protection, propaga- 
 tion and preservation of game animals, game birds and fish in 
 this State are observed, and that violations of said laws are 
 promptly and speedily prosecuted. It shall be his duty to seize 
 or cause to be seized game birds, or other animals and fish caught 
 or killed at a time or in a manner, or which have been shipped, 
 contrary to the provisions of this act. Such game or fish so 
 seized shall be donated to some charitable institution in this 
 State, except live game birds, animals or fish, which shall be 
 liberated. He shall, with wardens and deputy wardens and 
 ex-officio wardens, be authorized to serve all criminal processes 
 for violations of this act which could be served by the sheriff 
 and constables of this State. 
 
 SEC. 5. He shall appoint game and fish wardens and deputy 
 wardens in each county of this State, such appointees to hold 
 their office for the term of two years, unless sooner removed 
 for cause by the commissioner. Such wardens and deputy 
 wardens shall enforce all the provisions of this act, and all 
 other laws in reference to game and fish in their respective 
 counties. Such wardens and deputy wardens shall receive three 
 dollars per day while acting under the special directions of 
 the commissioner with reference to the discharge of their duties, 
 which sum shall be paid out of the game fund provided for by 
 this act. Each county warden shall receive one-fourth of all 
 fines and forfeitures and penalties collected in the county in 
 which he holds office imposed for violation of any of the game 
 and fish laws of this State where he does not furnish the 
 evidence necessary to convict. If he does arrest, or cause the 
 arrest, and furnish the evidence necessary to convict, then he 
 shall have three-fourths of such fines, forfeitures and penalties.
 
 GAME LAWS 845 
 
 Any person arresting or causing to be arrested offenders under 
 any of the game and fish laws of this State and furnishing the 
 evidence necessary to convict such offenders, shall receive one- 
 half of fines, forfeitures and penalties imposed and collected 
 from such offenders and legal fees paid to constables. The 
 remaining portion of fines imposed and collected shall be for- 
 warded to the State game commissioner and by him turned 
 into the treasury to the credit of the game protection fund. The 
 county warden shall receive twenty-five cents for each county 
 license issued by him, one dollar for each state license and 
 three dollars for each non-resident license issued by him. 
 
 All county wardens shall keep a record in the office of the 
 clerk of the court in their respective counties, which record 
 shall be open to the public, giving names of all parties holding 
 resident, county and state license and non-resident state license 
 issued by him. This record shall also show the names, offenses 
 and fines imposed on all persons convicted for a violation of the 
 fish or game laws of this state in the county of his jurisdiction. 
 
 SEC. 6. Any resident of the State may procure a license to 
 hunt in his resident county upon the payment of the sum of 
 one dollar. License to such resident shall be issued authorizing 
 him to hunt throughout the State upon payment of three 
 dollars. License shall be issued to non-residents of the State 
 upon the payment of the sum of fifteen dollars, which shall 
 authorize such non-resident to hunt throughout the State. All 
 license shall bear the date of issuance if the license is issued in 
 the open season, and shall authorize the person named therein to 
 hunt during the then open season, and if issued in the closed 
 season, shall authorize such person to hunt during the next 
 succeeding open season. Such license shall be signed by the 
 commissioner and countersigned by the game warden of the 
 county in which the license is issued and numbered. It shall 
 contain the residence, age, sex and postoffice address of the 
 person to whom issued ; also state race, approximate height and 
 weight, and color of the applicant's hair and eyes. The license 
 fees, less the warden's fee, shall be remitted by the warden to 
 the commissioner not later than the first of the following month. 
 A person may hunt and fish in the open season in his own 
 militia district or on his own land without a license. Tenants 
 and their families by and with permission of the owner of the 
 land shall be permitted to hunt and fish on the lands leased and 
 rented by them without a license. All licenses shall terminate 
 one year from the date on which the same were issued. All
 
 846 GAME LAWS 
 
 persons privately owning ponds shall fish at any time and in 
 any manner they desire in said pond. 
 
 SEC. 7. No person shall hunt or fish upon the lands of 
 another with or without license without first having obtained 
 permission from such land owner. Any person violating this 
 section is hereby declared to be guilty of a misdemeanor, and 
 shall be punished as prescribed in section twelve of this act. 
 
 SEC. 8. All moneys received by the commissioner arising 
 under this act shall constitute a fund known as the game pro- 
 tection fund, and shall be devoted to the payment of the salary 
 of the commissioner, his necessary incidental expenses and the 
 salary of the game wardens and deputy wardens when acting 
 under the special instructions from him. Such salaries and 
 expenses shall not be a charge upon the state funds, nor payable 
 out of any other fund than the game protection fund. ~No 
 voucher for said salaries or expenses shall be paid unless there 
 shall be at the time sufficient money to the credit of said fund 
 in the treasury. If there should be any money in the treasury 
 at the end of the year to the credit of the game protection fund 
 the amount so remaining shall become a part of the public school 
 fund of the State. 
 
 SEC. 9. The clerk of each court in which prosecutions may 
 be instituted for violations of this act shall promptly report to 
 the commissioner the result of said trial and the amount of 
 fines, forfeitures and penalties collected, which said sum shall, 
 after the deductions mentioned in section 5 of this act, be 
 forwarded to the game commissioner and be placed to the credit 
 of the game protection fund. 
 
 SEC. 10. It shall be the duty of the various judges of the 
 superior courts to specially mention in their charges to their 
 respective grand juries the provisions of this act. 
 
 SEC. 11. The following shall be deemed game birds and 
 animals: Quail, commonly known as Bob White Partridges; 
 doves, snipe, woodcocks and curlews, wild turkeys, grouse, 
 pheasants, deer, squirrels, duck and marsh hens. Provided, that 
 nothing herein contained shall prohibit the hunting or sale of 
 migratory ducks, provided that no one person shall kill more 
 than fifty ducks in any one day, and the season for shooting 
 migratory ducks is between September 1st and April 20th. 
 
 SEC. 12. Any person who shall purchase, or sell, or export 
 for sale, or offer to sell any of the game birds or animals named 
 in Section 11 of this act shall be guilty of a misdemeanor, and 
 upon conviction, punished by a fine of not less than ten or more
 
 GAME LAWS 847 
 
 than one hundred dollars and all costs for each offense, or to 
 work on the public works not less than ten (10) nor more than 
 ninety (90) days, and any one or more of these punishments 
 may be ordered in the discretion of the judge; provided that 
 any person may have in his possession at any time any of the 
 birds or wild animals of this state, or the plumage, skin or body 
 thereof for propagation, or scientific purposes, or for pets, pro- 
 vided that such person shall register with the commissioner of 
 game and fish of this State the number and variety of such 
 birds or animals, which he may have in his possession, and how 
 acquired, and that such birds or other wild animals are used 
 only for propagation or scientific purposes or for pets, and 
 provided further that such person may sell such birds or other 
 animals alive to be used for said purposes, and when so doing, 
 he shall report promptly to the commissioner of game and fish 
 of this State the number and species of birds and wild animals 
 sold, and to whom sold, and that the person buying or otherwise 
 acquiring such birds or other wild animals shall promptly re- 
 port to said commissioner the person from whom he purchased 
 or obtained such birds or animals, and the number and species 
 thereof so acquired, and setting forth that they are to be held 
 and kept only for propagation or scientific purposes, or for pets, 
 and provided further that any such person who shall fail to 
 comply with the above regulations shall be deemed guilty of a 
 misdemeanor; provided further that the commissioner of game 
 and fish may in his discretion issue licenses or permits to any 
 person or persons to take any of the birds or wild animals or the 
 plumage, skin or body thereof, or the nests or eggs of the same 
 for propagation or scientific purposes, or for pets, under such 
 regulations and restrictions as may be imposed by said com- 
 missioner of game and fish ; provided further that such licenses 
 or permits may be issued by the said commissioner of game and 
 fish upon the payment of a fee of one dollar, and that the same 
 may be revoked at the pleasure of the said commissioner at any 
 time, and that such permits or licenses, unless sooner revoked 
 shall be good for one year from the date of issuance; provided 
 further that any person may transport or ship from any point 
 within this State to any other point within this State birds or 
 wild animals alive for propagation or for scientific purposes, 
 and that the transportation companies may accept such ship- 
 ments, and that both the shipper and the transportation company 
 accepting such shipments shall on the same day that the ship- 
 ment is made report to the commissioner of game and fish of
 
 848 GAME LAWS 
 
 this State the number and species of such birds or wild animals 
 shipped, and to whom and by whom shipped ; provided that 
 any violation of the provisions of this section shall be punished 
 as provided in said section 12 as amended. 
 
 SEC. 13. Any person who shall transport or ship, or offer 
 to transport or ship, any of the game birds or animals men- 
 tioned in section 11 of this act, without the limits of the State, 
 or from the county in which the game was killed, into another 
 county in this State, or who shall sell or offer for sale, or pur- 
 chase or offer to purchase any part of the plumage, skin or body 
 of any of the game birds or animals mentioned in section 11, 
 or who shall take or wilfully destroy the nests or eggs of any 
 of the said birds, except as provided in section 12 of this act, 
 shall be guilty of a misdemeanor, and upon conviction, shall 
 be punished as prescribed by section 12 of this act; provided, 
 it shall be lawful for any person duly authorized to hunt, to 
 personally transport, openly, the game actually killed by him, 
 from the county in which it was killed to any county of this 
 State, or without the State, but the person killing said game 
 must in each instance accompany the game so killed. Each 
 person hunting shall carry with him his license and exhibit the 
 same promptly upon the request of any game warden or deputy 
 warden, or ex-officio warden. 
 
 SEC. 14. Any person who shall hunt, kill or destroy, by any 
 means whatever, or who is in possession of the following named 
 birds or animals, except between the following dates, except as 
 provided in section 12 of the act approved August 21, 1911, as 
 amended, shall be guilty of a misdemeanor, and upon conviction 
 shall be punished as prescribed in section 12 of this act: quail, 
 commonly known as Bob White Partridges; wild turkey gob- 
 blers and plovers, from November 20th to March 1st following; 
 woodcock and summer or wood duck from September 1st to 
 January 1st following; doves from August 1st to August 31st, 
 and from November 20th to March 1st following; deer from 
 October 1st to December 1st following; cat squirrel from Octo- 
 ber 1st to March 1st following of each year, provided that no 
 person shall kill more than fifteen (15) cat squirrels in any 
 one day. It shall be unlawful any time of the year to scatter 
 upon the lands of any person whether it be the owner of the 
 land or not, any corn, wheat or grain, or to bait for the purpose 
 of drawing to the lands where such bait is scattered or placed, 
 game birds or doves, for the purpose of shooting or allowing 
 to be shot at, or killed such game birds or doves at or near the
 
 GAME LAWS 849 
 
 lands so baited, and it shall be unlawful for any person to shoot 
 at or kill any dove or other game bird at, upon, or over or near 
 any land baited or baited field or land. It shall be unlawful 
 for any person to kill any fox squirrel prior to January 1, 1918, 
 and for violations of these provisions of this section such person 
 or persons shall be punished as is prescribed by section 12 of 
 the act approved August 21, 1911, as amended. Provided, that 
 this shall not prevent the killing of squirrels while destroying 
 corn or other cultivated vegetation. 
 
 SEC. 15. During the open season no one person shall be 
 authorized to kill more than two (2) deer, nor more than two 
 (2) wild turkeys during any one season, nor more than twenty- 
 five (25) game birds of any one species in any one day. Any 
 person violating this section shall be guilty of a misdemeanor 
 and punished as prescribed in section 12 of this act. 
 
 SEC. 16. Any person who shall catch or kill any wild 
 pheasant, grouse, or fawn, or any imported game birds or game 
 animals prior to December 1, 1916, shall be guilty of a misde- 
 meanor, and upon conviction, punished as is prescribed in sec- 
 tion 12 of this act. 
 
 SEC. 17. Any person who shall at any time kill or capture 
 or wound any game bird or animal by the use of pitfall, dead- 
 fall, snare, trap, pen or other device, or by the use of any poison, 
 drug or explosive, or who shall hunt, catch, or kill any game 
 birds or animals at night shall be guilty of a misdemeanor, and 
 upon conviction, punished as prescribed in section 12 of this 
 act. 
 
 SEC. 18. Any person who shall hunt, without first obtaining 
 a license, except upon his own land, or in his own militia dis- 
 trict, or who lends or transfers his license to another, or who 
 shall hunt upon the lands of another without first having ob- 
 tained his consent to do so, except persons following hounds in 
 pursuit of foxes or deer, or any other animal not mentioned in 
 tjbis act in or upon or through the unenclosed or uncultivated 
 lands of another, shall be guilty of a misdemeanor and upon 
 conviction, punished as prescribed in section 12 of this act. 
 
 SEC. 19. Any common carrier who shall ship, or transfer, 
 or carry any game birds or animals without the limits of this 
 State, except as herein provided, shall be guilty of a misde- 
 meanor, and upon conviction, punished as prescribed in section 
 12 of this act ; provided,- the terms of this section shall not apply 
 to game in the personal possession of the party killing the same ; 
 provided, such party has obtained a license then of force.
 
 850 FISH LAWS 
 
 SEC. 20. Any agent or employee of a common carrier who 
 shall receive any game bird or animal for shipment without the 
 State, or from one county to another county within this State, 
 except as herein provided, shall be guilty of a misdemeanor, and 
 upon conviction, punished as is prescribed in section 12 of this 
 act. 
 
 SEC. 21. Any warden, deputy warden or ex-officio warden 
 who shall fail to perform any act or duty placed upon him by 
 this act, shall be guilty of a misdemeanor, and upon conviction, 
 shall be punished as prescribed in section 12 of this act. 
 
 SEC. 22. All moneys received by the commissioner arising 
 from the provisions of this act shall be deposited in the State 
 treasury to the credit of the game protection fund, and said 
 fund shall not be drawn upon or used for any purpose save such 
 as is designated in this act. 
 
 SEC. 23. It shall be unlawful for any person in this State to 
 kill, catch or have in his possession any wild non-game bird, or 
 to take or destroy the nests or eggs of any non-game birds or to 
 have the same in his or her possession. Such persons violating 
 the provisions of this section shall be guilty of a misdemeanor, 
 and upon conviction, punished as is prescribed in section 12 of 
 this act; provided this section shall not apply to the following 
 birds : English sparrows, owls, hawks, eagles, crows, rice birds 
 and field or meadow lark; except persons may ship into this 
 State birds mounted for millinery. 
 
 SEC. 24. The game commissioner and wardens shall see that 
 the laws pertaining to fish are rigidly enforced. 
 
 SEC. 25. All laws and parts of laws in conflict with this act 
 are hereby repealed. 
 
 SEC. 26. That it shall be lawful to kill buzzards at any and 
 all times of the year. 
 
 See 590 Criminal Code, 1911. If any person shall hunt or 
 catch o'possum between the first day of March and the first day 
 of October of each year, he shall be guilty of a misdemeanor. . 
 
 GEORGIA CHART. 
 
 OPEN SEASONS. 
 
 Deer, either sex ....'. October 1st to December 1st 
 
 Cat Squirrels October 1st to March 1st 
 
 O'Possum . . October 1st to March 1st
 
 GAME LAWS 851 
 
 Quail or Bob White, Wild Turkeys, 
 
 Plovers November 20th to March 1st 
 
 Doves August lst-31st inc., Nov. 20th to March 1st 
 
 Woodcock, Wood or Summer Duck . . September 1st to Jan. 1st 
 Migratory Duck (Nat'l Law, Nov. 1st to Feb. 1st) 
 
 September 1st to April 20th 
 
 Snipe National Law, November 1st to February 1st 
 
 Marsh Hens National Law, Sept. 1st to Dec. 1st 
 
 BAG LIMIT. 
 
 Deer 2 in one season 
 
 Cat Squirrels 15 in one day 
 
 Quail, Doves, Summer or Wood Duck, Woodcock, 
 Snipe and all Game Birds except Migratory 
 
 Ducks 25 in one day 
 
 Migratory Ducks 50 in one day 
 
 Absolute protection is given, for a period of years, to Fox 
 Squirrels, Fawns, Pheasants, Grouse and all imported Game 
 Birds and animals. ~ 
 
 LICENSE FEES. 
 
 To Residents good in home county only, $1.00. 
 To Residents, good in any county in state, $3.00. 
 To Non-Residents, good in any county, $15.00. 
 
 FISH LAWS. 
 
 (Criminal Code, 1911.) 
 
 SEC. 600. No person shall inhabit, occupy, or reside in any 
 vessel, ark, or flat on any river of this State, which shall not be 
 engaged in the lawful commerce of said river in the carriage of 
 goods or produce to or from market unless owned by the pro- 
 prietors of the shores, or their lessees ; provided, nothing in this 
 section shall be construed to prevent the owners of the land on 
 said rivers, or their lessees, from taking fish in the river opposite 
 their banks ; but no seine shall be permitted to be used in said
 
 852 FISH LAWS 
 
 river either by such owners or lessees, from twelve o'clock Sat- 
 urday night to twelve o'clock Sunday night ; and provided also, 
 that every lease or license to fish shall be recorded within ten 
 days after the granting thereof in the clerk's office of the su- 
 perior court of the county where the land lies. A violation of 
 any of the foregoing provisions shall be punished as a mis- 
 demeanor. 
 
 SEC. 601. No person, other than the proprietors of the 
 shores and banks of salt creeks, estuaries, and rivers (or -such 
 person as shall be by such proprietor authorized), shall take 
 fish, or attempt to do so, with any line, net, or contrivance, on 
 any estuary, or river, where an artificial shell-reef, beds or fish- 
 ing grounds have been constructed within one hundred yards 
 thereof. Nor shall one proprietor construct or use such places 
 opposite the shore or bank of another proprietor beyond the 
 center of creek, estuary, or river opposite his own shore or bank. 
 Any person violating the provisions of this section shall be 
 guilty of a misdemeanor. 
 
 SEC. 602. If any person shall put any trap, wire, trot-line, 
 set-line, or other like contrivances, for catching fish for sale, in 
 any of the lakes or other waters of the State, upon or within 
 the lands of another, without the written consent of the owner 
 thexeof, he shall be guilty of a misdemeanor. 
 
 SEC. 603. If any person shall place in the waters of any 
 river or creek, or any fresh water drain any dam, trap, net, 
 seine, or other device for catching fish, unless the main channel 
 of sueh stream is left open for a space of ten feet for rivers and 
 one-third of the channel of creek, at low-water mark, unob- 
 structed for the free passage of fish up or down such stream, 
 he shall be guilty of a misdemeanor, and the sheriff of the 
 county, upon complaint of persons in the territory of such ob- 
 struction shall have authority to break open any dam, net, or 
 other obstruction that may be placed in such waters in violation 
 of this section. This section does not apply to dams for milling 
 or manufacturing purposes. The words "low-water mark". shall 
 not apply to fresh water mains. 
 
 SEC. 604. If any person shall use firearms, dynamite, or 
 other explosive or destructive substances for the purpose of kill- 
 ing fish, he shall be guilty of a misdemeanor. 
 
 SEC. 605. If any person shall use nets, seines, or other con- 
 trivances covering, extending to, or obstructing more than one- 
 half of the stream, for catching or taking shad in any of the 
 streams of this State, he shall be guilty of a misdemeanor.
 
 FISH LAWS 853 
 
 SEC. 606. There shall be a "closed time" for the rivers in 
 which shad are caught, of forty-eight hours: commencing at 
 sunrise on Saturday morning of each week, and ending at sun- 
 rise On Monday morning of the next week during which "closed 
 time" no shad or other migratory fish shall be caught by nets, 
 wires, pounds, or any other means whatever; neither shall such 
 nets, wires, pounds, or other apparatus be left in said rivers 
 during said "closed time." The meshes of nets or other appa- 
 ratus for catching said fish shall not be less than five inches. 
 
 SEC. 607. No shad shall be taken, except between the first 
 day of January and the twentieth day of April of each year ex- 
 cept for spawning purposes, to carry out the provisions of the 
 law for propagating fish. 
 
 SEC. 608. A violation of either of the two preceding sec- 
 tions shall be a misdemeanor. 
 
 SEC. 609. If any person shall seine or net fish in any of 
 the streams in which mountain trout exist, or be placed, he shall 
 be guilty of a misdemeanor. 
 
 SEC. 611. Any person who shall directly by himself, or by 
 aiding or abetting others, put walnut hulls, walnut leaves, devil 
 shoestring, or any poisonous substances whatever of any kind 
 in any waters, either running streams or standing waters, such 
 as lakes, ponds, or eddy places in any river or creek within the 
 limits of this State, which will be likely to drive away or poison 
 the fish therein by contaminating said waters, shall be guilty of 
 a misdemeanor. 
 
 SEC. 612. If any person shall catch or take any fish with 
 seine, net, gig, or spear, or like device from any of the waters 
 of this State, between the first day of February and the first day 
 of July in each year, except with hook and line, he shall be 
 guilty of a misdemeanor. 
 
 SEC. 613. In the case of shad the above prohibition as to 
 dates shall apply only between the 15th of April and the 1st of 
 July. 
 
 SEC. 614. Whoever shall catch any shad or other fish, or 
 use for the purpose of catching shad or other fish, in any of the 
 waters of this State, any net or nets known as drift-nets, be- 
 tween the hours commencing at sundown on Thursday of each 
 week and ending at sunrise on Monday morning of the next 
 week, shall be guilty of a misdemeanor. 
 
 Above repealed by act of November 27, 1915, only as apply- 
 ing to the salt waters of this State.
 
 854 FISH LAWS 
 
 SALT WATER FISH LAWS. 
 
 "-An Act for the protection and propagation of fish, shrimp, 
 prawn, oysters, turtles, terrapins and other crustaceans in this 
 State; providing how the same may be taken and caught from 
 the salt waters of this State; providing for a license for the 
 taking and catching of the same; the appointment of special 
 inspectors to enforce the provisions of this Act, prescribing their 
 duties, and to provide penalties for a violation of this Act, and 
 for other purposes." 
 
 SECTION 1. Be it enacted by the General Assembly of the 
 State of Georgia, and it is hereby enacted by the authority of 
 the same, That from and after the passage of this Act, all of the 
 beds of all salt waters, bays, rivers, estuaries and shores of the 
 sea, and the waters overlying the same, within this State and 
 not already conveyed by special grant or compact, according to 
 law, shall continue and remain the property of the State of 
 Georgia, and subject to the special provisions of this Act may 
 be used in common by the people of this State for the purpose 
 of fishing, taking and catching oysters, shrimp, prawn, turtles, 
 terrapins and other shell fish, and no grant shall hereafter be 
 issued by the county authorities in any county in this State to 
 pass any estate, title or interest of the State in or to any natural 
 oyster bed, rock, or shoal, whether the said bed, rock or shoal 
 shall be bare or not, except in compliance with the provisions 
 of this Act. 
 
 SEC. 2. Be it further enacted by the authority aforesaid. 
 That after the passage of this Act, so far as the authority of the 
 said State shall extend, oysters, clams and other fish, crabs, 
 shrimp, prawn, turtles and terrapins, and other crustaceans 
 found in the salt waters of this State, suitable for food, shall 
 be considered fish, and it shall be the duty of the Department 
 of Game and Fish, as established by the Act of August 21, 
 1911, to enforce the laws of the State of Georgia for the pro- 
 tection of the same. 
 
 SEC. 3. Be it further enacted by the authority aforesaid, 
 That after the passage of this Act the said Game and Fish Com- 
 missioner shall have authority to employ not exceeding three 
 inspectors to carry into effect the provisions of the laws of this 
 State for the protection of game and fish ; said inspectors shall 
 receive salaries not exceeding one hundred dollars ($100.00) 
 per month, as may be ordered by the Commissioner. They shall 
 take oath and give bond in the sum of one thousand dollars
 
 FISH LAWS 855 
 
 ($1,000.00) for the faithful performance of their duties. These 
 inspectors shall have authority to carry out the provisions of this 
 Act and to arrest persons violating the provisions thereof, or any 
 of the laws of said State covering the protection of game and 
 fish. 
 
 SEC. 4. Be it further enacted by the authority aforesaid, 
 That the State Game and Fish Commissioner shall have author- 
 ity to purchase or lease launches for the use of the inspectors, 
 while in active service of the Department, and for carrying out 
 the provisions of this Act. Said State Game and Fish Com- 
 missioner is hereby empowered and directed to employ such 
 other help as he may deem necessary in carrying out the pro- 
 visions of this Act and the other laws of the State for the pro- 
 tection of game and fish. Compensation for such service to be 
 paid out of funds derived for the protection of game and fish. 
 
 SEC. 5. Be it further enacted, That all boats and vessels 
 engaged in taking oysters for purpose of sale from any of the 
 beds in this State, whether the .same be private or public beds, 
 shall before beginning operation, first secure a license from 
 the said Commissioner of Game and Fish, and for this pur- 
 pose the owner, captain or agent of said vessel must present 
 in writing an application setting forth the name and descrip- 
 tion of said vessel, the name and postoifice address of the owner 
 and captain, the number of the crew, and such further data as 
 the Commissioner shall deem necessary, and thereupon said 
 Commissioner shall register said vessel and issue necessary li- 
 cense, upon payment of the cost thereof. All licenses shall be 
 graduated according to the oyster-carrying capacity of each 
 boat or vessel, and shall be as follows: 
 
 A license tax of one dollar per ton or fraction of a ton is 
 hereby levied on each such vessel or boat of five tons or over net 
 register. On all other such boats propelled by sail or power, a 
 license tax of five dollars for each boat is hereby levied, and on 
 all such skiffs, batteaux, and other boats not propelled by sail 
 or power, a license tax of three dollars is hereby levied. 
 
 License shall be issued by the Commissioner on blanks pro- 
 vided for that purpose. 
 
 The owner of any such vessel desiring to catch or take oysters 
 under the provisions of this Act shall first obtain from the 
 Commissioner of Game and Fish a license for said boat, said 
 license shall have effect for twelve months from the first day of
 
 856 FISH LAWS 
 
 the month in which it is issued, and no vessels shall be used for 
 catching and fishing for oysters in the waters of this State, un- 
 less so licensed. Each license shall state the name of the appli- 
 cant, the name of the vessel, and the license, under the pro- 
 visions of this Act, shall not be used except upon vessel so 
 mentioned in said license. Said Commissioner shall have the 
 right to use and expend the moneys received, under the pro- 
 visions of this Act, for carrying out the provisions of the Act 
 so far as such expenditure may be necessary, and the residue, 
 if any, shall, from time to time, be paid into the Treasury of 
 the State, to be applied as other surplus funds in the Game and 
 Fish Department under existing laws. 
 
 SEC. 6. Be it further enacted by the authority aforesaid, 
 That it shall be unlawful for any person, except owners and 
 their authorized agents and employees, to take, catch, or tong 
 oysters, from any of the private or public beds of this State 
 between sunset and sunrise. Any person violating the pro- 
 visions of this section shall be guilty of a misdemeanor. 
 
 SEC. 7. Be it further enacted by the authority aforesaid, 
 That from and after the passage of this Act, it shall be unlaw- 
 ful to take or catch any fish, within the definition of that term 
 as in this Act expressed, from any of the salt waters of this 
 State, by the use of any device whatever between the first day of 
 May and the first day of August of each year. 
 
 Provided, that the foregoing penal provisions shall not be 
 construed to prohibit the taking, by any person, of such fish, 
 with a cast net or hook and line, nor shall it apply to or pro- 
 hibit the use of hand-drawn seines not more than thirty feet in 
 length, when used in catching prawn and shrimp for bait, or 
 other fish to be sold in local retail trade by the persons taking 
 the same, or to be used for the personal consumption of the fish- 
 erman. Nor shall the same apply to the taking of crabs. 
 
 SEC. 8. It shall be unlawful for any person to catch or 
 take any of the above mentioned fish for commercial purposes 
 from the salt waters of this State, within the time above men- 
 tioned, otherwise, without first obtaining a license from the 
 Commissioner of Game and Fish, as hereinafter provided. Any 
 person desiring to catch or take any such fish from the salt 
 waters of this State, except in the manner as aforesaid shall 
 first obtain from the Commissioner of Game and Fish a license
 
 FISH LAWS 857 
 
 therefor; said license shall have effect for twelve months from 
 the first day of the month in which it is issued. The fee for 
 such license shall be one dollar per ton or fraction of a ton on 
 each boat or vessel of five tons or over net register. On all 
 boats propelled by sail or power, the same being under five 
 tons net register, a license tax of five dollars for each such boat 
 is hereby levied, and on all such skiffs, batteaux and other boats 
 not propelled by sail or power a license tax of three dollars 
 on all such boats is hereby levied. 
 
 SEC. 9. Be it further enacted by the authority aforesaid, 
 That if any person not a citizen of this State shall take or catch 
 any oysters, fish, shrimp, prawn, turtle, terrapin or other crus- 
 tacean from the salt waters of this State in any manner what- 
 soever, for the purpose of selling, that he shall be guilty of a 
 misdemeanor. 
 
 SEC. 10. Be it further enacted by the authority aforesaid, 
 That the expense of salaries of the inspectors, or any other ex- 
 pense authorized to be incurred, shall be paid out of the fund 
 arising from the operation of the game and fish laws of this 
 State, and that any residue, if any, shall be turned into the 
 State Treasury from time to time to be applied as other surplus 
 funds in the Game and Fish Department under existing laws. 
 The Commissioner of Game and Fish shall have authority to 
 provide such rules and regulations as may be needful in carry- 
 ing into effect the game and fish laws of this State, provided, 
 that same be not inconsistent with the laws of this State. The 
 robbing or breaking up of turtle and of terrapin nests, or the 
 destroying of the eggs of the same, or the turning over of turtles 
 and allowing them to remain so turned is forbidden, and any 
 person guilty of the same shall be punished as for a misde- 
 meanor. 
 
 SEC. 11. Bt it further enacted by the authority aforesaid, 
 That any person violating any of the provisions of this Act shall 
 be guilty of a misdemeanor. 
 
 SEC. 12. Be it further enacted by the authority aforesaid, 
 That all laws and parts of laws in conflict with this Act, and all 
 laws prohibiting the taking of salt water fish at any other sea- 
 son of the year than as herein expressed be and the same are 
 hereby repealed. 
 
 Approved November 27, 1915.
 
 858 FISH LAWS 
 
 SAW DUST, FLOATING INTO STKEAMS PROHIBITED. 
 
 An Act to prohibit the floating of saw dust into any of the 
 streams of this State, and for other purposes. 
 
 SECTION 1. Be it enacted by the General Assembly of the 
 State of Georgia, and it is hereby enacted by authority of the 
 same, That from and after the passage of this Act, it shall be 
 unlawful to float saw dust into any of the streams of this State. 
 
 SEC. 2. Be it further enacted, That any person or persons 
 or corporations violating the provisions of Section 1 of this Act 
 be punished as for a misdemeanor. 
 
 SEC. 3. Be it further enacted, That this Act shall not go 
 into effect in any county until it has been recommended by two 
 grand juries of the county. 
 
 SEC. 4. Be it further enacted, That all laws and parts of 
 laws in conflict with this Act be, and the same are, hereby re- 
 pealed. 
 
 Approved August 19, 1911. 
 
 APPLICATION FOR LICENSE. 
 
 State or Georgia. , 19 
 
 To County Warden 
 
 ") County License ) 
 
 Please issue to me r State License 
 
 ) Non-Resident License ) 
 
 for which I hand you herewith $ My age is 
 
 Sex ; Race ; My height is feet inches ; 
 
 Weight ; Color of hair ; Color of eyes ; 
 
 My postoffice address is And I agree not to 
 
 abuse the rights conferred by said license or infract any of 
 the laws of this State, intended for the protection of game and 
 fish. 
 
 'p.* b"!!" !!!!!!!!!!!!!!!!!!!!!!!!'.!!!'. 
 
 (Kindly indicate your street or R.F.D.) 
 RECEIPT TO APPLICANT FOB LICENSE. 
 
 Received from $ together with appli- 
 cation for license for boat named . , The owner or
 
 FISH LAWS 859 
 
 agent is The Captain's name is , 
 
 of Georgia. Number of crew 
 
 This receipt to serve in lieu of license for not exceeding ten 
 days, or until license may be received from Commissioner of 
 Game and Fish, and in the event of it developing that there 
 are any material misrepresentations contained in said Appli- 
 cation, and because of such misrepresentations the said Com- 
 missioner should refuse or decline to issue license, fee above 
 acknowledged will be returned, less fifty cents to cover cost 
 applying to such case. 
 
 Authorized by Commissioner to Issue this Receipt. 
 
 County. 
 , 19, .
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 ABATEMENT OF ACTIONS. 
 Lis pendens, plea, 170, 619. 
 Pleas in abatement, 169, 170. 
 
 Criminal case, 820. 
 
 Justice court, plea on appeal, 
 124. 
 
 ABSENCE. 
 
 Continuance for absence of coun- 
 sel, party or witness, 19, 20, 25, 
 27. 
 
 ACCORD AND SATISFACTION. 
 Plea, 171. 
 ACCOUNT. 
 
 Administrator, final settlement, 261- 
 263. 
 
 Sales, 218, 230. 
 Books, evidence, 37-40. 
 Decedent's estate, against, 244. 
 Definition, 108. 
 Stated, definition, 109. 
 ACCOUNT, ACTION ON. 
 Affidavit for proof of account, 173. 
 Commencement in justice court, 
 173, 174. 
 
 Superior or city court, 176. 
 Complaint in superior or city court, 
 
 176. 
 
 Copy of note sued on, 175, 177, 711. 
 Counter affidavit, 98, 111, 174, 589. 
 Justice court, answer, 97, 98. 
 
 Decisions relating to, 112-117. 
 
 Evidence, 109. 
 
 Limitation of actions, 109. 
 
 Pleas, 103. 
 
 Summons, 97, 173, 174. 
 
 Verification, 97, 98, 110. 
 Limitation of actions, 109. 
 Manifold copy of notice for attor- 
 ney's fees, 178, 712. 
 Mutual accounts, limitations, 109. 
 Note providing for attorney's fees, 
 
 175, 178, 710-712. 
 
 Notice to defendant to recover at- 
 torney's fees on note, 175, 178, 
 712. 
 
 ACCUSATION. 
 
 City or county court, affidavit, 828. 
 
 Demand for jury, 829. 
 
 Form, 829. 
 
 Verdict, 829. 
 
 Waiver, 829. 
 Demand for copy, 817. 
 ACKNOWLEDGMENT. 
 
 See Attestation. 
 
 Bill of exceptions, service, 691, 697. 
 Deeds, execution of, 389. 
 Injunction, motion to dissolve, 547. 
 Notice to produce papers, service, 
 664. 
 
 ACTIONS. 
 
 Commencement of declaration or 
 
 petition, 385-387. 
 What is cause of action, 93, 94. 
 
 ADJOURNMENT. 
 
 Depositions, proceedings for taking, 
 73. 
 
 ADMEASUREMENT. 
 Dower, 433-437. 
 
 ADMINISTRATORS AND EXECU- 
 TORS. 
 
 Account against estate, 244. 
 -Affidavit, 244. 
 
 Receipt to administrator, 244. 
 Accounting, see Final settlement, 
 
 post. 
 Action, 
 
 Judgment against administra- 
 tor, 257, 258. 
 Plea plene administravit 
 
 sustained, 259. 
 Quando acciderint, 258. 
 Plea of ne .unques administra- 
 tor, 254. 
 
 Plene administravit, 255. 
 Plene administravit prae- 
 
 ter, 255. 
 
 Revocation of letters, 257. 
 Statute of limitations, 256. 
 Annual returns, affidavit of security 
 where administrator has re- 
 moved from State, 250. 
 Caveat to, 250.
 
 862 
 
 INDEX 
 
 t REFERENCES ARE TO PAGES.] 
 
 ADMINISTRATORS AND EXECU- 
 TORS ConVd. 
 Annual returns Cont'd. 
 Form, 248. 
 
 Non-resident administrator, 251. 
 Order of ordinary, 249, 251. 
 Order overruling caveat, 2.50. 
 Rule absolute for not making, 
 
 249. 
 
 Rule nisi for not making, 249. 
 Appeal, temporary administration 
 
 pending, 183. 
 Application for administration, 180, 
 
 184, 188, 191, 193, 195, 196. 
 Bond, 
 
 Additional security, application 
 
 to require, 210. 
 Order, 211. 
 Rule absolute, 212. 
 Rule nisi, 212. 
 Approval, 208. 
 Compelling executor to give, 
 
 791, 792. 
 
 County administrator, 207. 
 Justification of obligors, 208. 
 New security, 210. 
 Order on application to 
 
 strengthen, 209. 
 Permanent administrator, 200. 
 Refunding, 264. 
 Relief of security, application, 
 
 209. 
 Removal for failure to give, 267, 
 
 268. 
 
 ' Successor of administrator re- 
 signing, 270. 
 
 Temporary administrator, 182. 
 Strengthening, 209-212. 
 Bond for title, application to require 
 administrator to make, 202- 
 207. 
 
 Deed in pursuance of order, 205. 
 Notice to heirs, 204. 
 Order to file return, 207. 
 Petition of holder of bond, 202. 
 Return after making deed, 206. 
 Rule absolute, 204. 
 Rule nisi, 203. 
 
 Caveat to application for adminis- 
 tration, 199. 
 
 Citation, county administrator, 194. 
 Creditor's application, 192. 
 De bonis non, administration, 
 
 184. ' 
 
 With will annexed, admin- 
 istration, 187. 
 
 ADMINISTRATORS AND EXECU- 
 TORS ConVd. 
 Citation Cont'd. 
 
 Permanent administration 190, 
 
 198. 
 
 Superior court clerk, 195, 196. 
 Clerk of superior court, see Supe- 
 rior court clerk, post. 
 Commencement of declaration or 
 petition, executor suing, 386. 
 Suit by administrator with will 
 
 annexed, 386. 
 
 Commissions, forfeiture, 252, 253. 
 Compensation, extra, allowance, 
 
 251, 252. 
 Forfeiture of commissions, 252, 
 
 253. 
 
 Compromise of claims, 236, 237. 
 County administrator, application 
 to vest administration in, 193. 
 Bond, 207. 
 Citation, 194. 
 Order appointing, 192. 
 For citation, 194. 
 Vesting administration, 194. 
 Creditor, application for letters, 
 
 191. 
 
 Citation, 192. 
 Order for citation, 192. 
 De bonis non, application for ad- 
 ministration, 184. 
 Citation for administration, 184. 
 Letters of administration, 185. 
 Order for citation to issue, 184. 
 Will annexed, application for 
 
 administration, 186. 
 Citation for administration, 
 
 187. 
 Letters of administration, 
 
 185, 188. 
 Order for citation to issue, 
 
 187. 
 Deed, bond for title of intestate, 
 
 205. 
 
 Private sale, 398. 
 Public sale, 395, 396. 
 Returns, deed made in pursu- 
 ance of order, 206. 
 Discharge, citation, 266. 
 Order of citation, 265. 
 
 Dismission, 266, 269. 
 Petition for, 265. 
 Dismission, citation, 793. 
 Letters, 266, 793. 
 Order, 266, 269. 
 
 For citation, 793. 
 Petition, 792. 
 Distribution of estates, rules, 231.
 
 INDEX 
 
 863 
 
 [REFERENCES ARE TO PAGES.] 
 
 ADMINISTRATORS AND EXECU- 
 TORS Cont'd. 
 Division in kind, 
 
 Appraisers, appointment, 242. 
 Oath, 242. 
 Return, 243. 
 Citation, 241. 
 Final order, 243. 
 Guardian ad litem, acceptance, 
 
 242. 
 
 Appointment, 241. 
 Petition, 240. 
 Dower, administratrix applying for, 
 
 432. 
 
 Election of widow, 240. 
 Extra compensation, order allowing, 
 
 252. 
 
 Petition for allowance, 251. 
 Final return, 253, 254. 
 Final settlement, final receipt of 
 
 distributee, 263. 
 Order approving, 262. 
 
 Order to show cause for 
 
 disobeying, 263. 
 Petition to cite administrator, 
 
 261. 
 
 Rule nisi, 262. 
 Foreign, 270. 
 Garnishment, 153. 
 
 Heirs, agreement for selection, 198. 
 Illegality proceedings, filing affida- 
 vit, 141. 
 Insolvent papers, sale, 216, 217. 
 
 See Sales, post. 
 
 Inventory and appraisement, certifi- 
 cate of appraisers, 247. 
 Oath of administrator, 248. 
 
 Appraisers, 246. 
 Order appointing appraisers, 
 
 245. 
 
 Return of appraisers, 246. 
 Warrant, 245. 
 Judgment, compelling executor to 
 
 give bond, 792. 
 On caveat to application for 
 
 administration, 199. 
 Lands, sale, 219-225, 227-230. See 
 
 Sales, post. 
 Letters, de bonis non, 185. 
 
 De bonis non, with will annex- 
 ed, 185, 188. 
 Dismission, 266, 793. 
 Next of kin, 188-190. 
 Permanent, 190, 200. 
 
 Agreement of heirs for se- 
 lection of administrator, 
 198. 
 
 ADMINISTRATORS AND EXECU- 
 TORS Con t'd. 
 Letters Cont'd. 
 
 Permanent Cont'd. 
 Application, 197. 
 Bond of administrator, 200. 
 Caveat to application, 199. 
 Citation, 190, 198. 
 Judgment on caveat, 199. 
 Notice to debtors and 
 
 creditors, 202. 
 Oath of administrator, 200. 
 Order for citation, 198. 
 Order for letters to issue, 
 
 190. 
 
 Temporary, 180, 182. 
 Testamentary, 785, 788. 
 Next of kin, selection by, 188-190. 
 Notes, doubtful, sale, 217. 
 
 Signed by mark and not attest- 
 ed, aflidavit, 244. 
 Receipt, 245. 
 
 Notice, debtors and creditors, 202. 
 Sale of perishable property, 214. 
 Title under bond, proceeding to 
 
 require making, 204. 
 Oath of executor, 785. 
 
 Permanent administrator, 200. 
 Temporary administrator, 181. 
 Payment of debts, 244, 245. 
 Permanent administration, 190, 197- 
 
 202. 
 
 Pleas, see Action, ante. 
 Removal, application by next of 
 
 kin, 259. 
 
 Failure to give bond, 267, 268. 
 Order to revoke letters, 261. 
 Rule nisi, 260. 
 
 Answer to, 260. 
 Order to discharge, 261. 
 Resignation, bond of successor, 270. 
 Citation, 269. 
 Order for letters of dismission, 
 
 269. 
 
 Petition, 268. 
 Sales, claim of title, 132. 
 
 Insolvent papers, advertise- 
 ment, 217. 
 Aflidavit of administrator, 
 
 217. 
 
 Application to sell, 216. 
 Order of court, 217. 
 Return, 217. 
 Lands, account, 230. 
 Adversely held, 228. 
 Advertisement, 221, 225. 
 Appeal from order, 223, 
 224.
 
 864 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 ADMINISTRATOKS AND EXECU- 
 TORS Cont'd. 
 Sales Cont'd. 
 
 Lands Cont'd. 
 
 Application to sell, 219. 
 
 Caveat to application, 221. 
 
 Citation, 220. 
 
 Claims, 228, 229. 
 
 Deed, 229. 
 
 Divided by county lines, 
 
 227. 
 
 Order for citation, 219. 
 Order granting leave to 
 
 sell, 220. 
 Order overruling caveat, 
 
 222. 
 Perishable property, application 
 
 to sell, 213, 214. 
 Notice, 214. 
 Order granting leave to 
 
 sell, 213. 
 Temporary administrator 
 
 selling, 214. 
 Personal property, account of 
 
 sale, 218, 230. 
 Application to sell, 215. 
 Bill of sale, 216. 
 Notice, 215. 
 Wild land, application to sell, 
 
 225 
 
 Citation, 226. 
 Deeds, 399. 
 
 Order for citation, 226. 
 Order of court, 227. 
 Scire facias, order making executor 
 
 party defendant, 748. 
 Suits, see Action, ante. 
 Superior court clerk, application for 
 
 appointment, 195. 
 Citation, 196. 
 Order for citation, 195. 
 Order vesting administration, 
 
 196. 
 
 Temporary administration, applica- 
 tion for letters, 180. 
 Bond for administrator, 182. 
 Letters, 182. 
 
 Oath of administrator, 181. 
 Order of appointment, 181. 
 Pending appeal on pro- 
 pounded will. 183. 
 Title to heirs, deed, 239. 
 
 Petition to compel making, 238. 
 Rule absolute, 239. 
 Rule nisi, 238. 
 
 Wild lands, sale, 225-227. See 
 Sales, ante. 
 
 ADMINISTRATORS AND EXECU- 
 TORS Cont'd. 
 
 Year's support, acknowledgment of 
 service of notice, 232. 
 
 Citation, 235. 
 
 Oath of appraisers, 234. 
 
 Order allowing return, 235. 
 
 Order appointing appraisers, 
 233. 
 
 Order for citation, 235. 
 
 Petition for appointment of ap- 
 praisers, 232. 
 
 Return of appraisers, 234. 
 
 Rule nisi where service not ac- 
 knowledged, 233. 
 
 ADOPTION. 
 
 Child, 671-673. See Parent and 
 Chjld. 
 
 , ADULTERY. 
 
 Witnesses, competency, 61. 
 ADVERTISEMENT. 
 Administrator, sale by, 217, 221, 225. 
 Attachment, levy of, 297. 
 Estrays, 451. 
 
 Sale, 452. 
 Execution levy, 165. 
 
 Sale, 164, 754. 
 Guardianship funds, reinvestment, 
 
 493. 
 
 Mortgage, under power in, 645. 
 Tax sales, 760. 
 
 AFFIDAVITS. 
 
 See Counter Affidavits. 
 Account, actions on, 97, 98, 110. 
 
 Proof of, 173. 
 Accusation in city or county court, 
 
 828. 
 
 Annual return of administrator re- 
 moved from state, 250. 
 Attachment, 283, 284, 292. 
 Bail, actions for personalty, 307, 
 
 310. 
 
 Trover, 766. 
 
 Banks, proposed corporators, 311. 
 Bastard, service of notice of legiti- 
 mation proceedings, 670. 
 Warrant, 830. 
 Certiorari, 337, 338, 340. 
 Chattel mortgage, creditor contest- 
 ing, 644. 
 Foreclosure, 593, 594. 
 
 Pauper affidavit, 643. 
 Claims of title, 127, 355. 
 Constable, rule against, 372.
 
 INDEX 
 
 865 
 
 [REFERENCES ABB TO PAGES.] 
 
 AFFIDAVITS ConZU 
 Criminal warrant, 800. 
 Decedent's estate, account against, 
 
 244. 
 
 Dispossessory warrant, 425. 
 Distress warrant, 428. 
 Estrays, owner, 453. 
 
 Taker-up, 451. 
 
 Forcible entry and detainer, 472. 
 Garnishment, Code sections, 144, 
 
 147. 
 
 Entry upon, 477. 
 Forms, 154, 155, 475. 
 Service of notice of traverse of 
 
 answer, 482. 
 
 Good behavior, warrant for, 803. 
 Grand juror, defaulting, 587. 
 Habeas corpus, criminal case, 840, 
 
 841. 
 
 Petitioner, 504. 
 Return of custodian of person 
 
 detained, 507. 
 
 Seizure of person detained, 505. 
 Homestead, levy and sale, 517. 
 Notice of application, 512, 513. 
 Petition for, 510, 519. 
 Illegality: See Illegalities. 
 Injunction, use as evidence, 271, 
 
 545. 
 
 Verification of petition, 544. 
 Insane person, commitment, 564. 
 Guardianship proceedings, 552, 
 
 557. 
 
 Intruders, removal, 577. 
 Jurisdiction, plea to, 583. 
 Liens, foreclosure, 608, 610, 611, 
 
 613, 614, 616, 617. 
 
 Lost papers, establishment pro- 
 ceedings, 625. 
 
 Mandamus proceedings, 628, 629. 
 Money rule, service, 740. 
 Mortgages, foreclosure, 640, 647. 
 New trial, newly discovered evi- 
 dence, 658. 
 
 Non est factum, plea of, 713. 
 Notice in processioning proceeding, 
 
 service, 707. 
 
 To produce papers, 664, 665. 
 Nuncupative wills, witnesses, 787. 
 Ordinary form, 271. 
 Peace warrant, 805. 
 Perishable property, petition to sell, 
 
 745. 
 
 Possessory warrant, 675. 
 Requisition for extradition of fugi- 
 tives from justice, 837, 838. 
 
 AFFIDAVITS Con t'd. 
 
 Search warrant, 807. 
 
 Trust company, subscribers to 
 
 stock, 320. 
 
 Trustee, sale of property, 774. 
 Wills, subscribing witnesses, 780. 
 
 AFFINITY. 
 
 Disqualification of jurors, 16. 
 
 AFFIRMATION. 
 Witnesses, 63. 
 
 AGE. 
 
 Jurors, disqualification, 16. 
 
 AGENTS. 
 
 Garnishment, making affidavit and 
 bond, 144, 147. 
 
 Illegality proceedings, filing affi- 
 davit, 141. 
 
 Power of attorney, 702. 
 To execute deed, 391. 
 
 ALIMONY. 
 
 See Divorce and Alimony. 
 
 ALTERNATIVE VERDICT. 
 Trover, judgment, 769. 
 
 AMENDMENTS. 
 
 Claim cases, 136. 
 Continuance because of, 19. 
 Illegality proceedings, affidavit, 141. 
 Justice court, on appeal, 124. 
 New trial, motion for, 653. 
 
 AMOUNT IN CONTROVERSY. 
 Justice court, jurisdiction, 87, 88, 
 117, 118, 124. 
 
 ANIMALS. 
 
 Estrays. See Estrays. 
 Liens of owners of boars, bulls, 
 jacks, and stallions, 612-614. 
 
 ANSWER. 
 
 Administrator, rule nisi in proceed- 
 ings to remove, 260. 
 Certiorari, 340-342. 
 Divorce proceeding, 532. 
 Equitable petition, 449. 
 Garnishee, 144-148, 151, 152, 158-160, 
 
 478. 
 
 Traverse, 149, 150, 160, 481, 482. 
 Habeas corpus, criminal case, 841. 
 Mandamus proceedings, 629.
 
 866 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 APPEAL. 
 
 Bond, 272, 273. 
 
 Continuance on, 21. 
 
 In forma pauperis, 274. 
 
 Justice court: See Justices and 
 Justice Courts. 
 
 Propounded will, temporary admin- 
 istration pending, 183. 
 
 APPEARANCE. 
 
 Garnishee, time, 144, 146, 147. 
 
 APPRAISAL. 
 
 Decedent's estate, 242, 243, 245-248. 
 
 Estrays, 450. 
 
 Homestead, 514, 515. 
 
 Year's support, 232-234. 
 
 APPROVAL. 
 
 New trial, motion for, 656. 
 
 ARBITRAMENT AND AWARD. 
 Action on award, petition, 280. 
 Agreement to submit, 275, 278. 
 Award of arbitrators, 277. 
 Choice of third arbitrator, 276. 
 Exceptions to award, 279. 
 Hearing, order appointing time and 
 
 place of, 276. 
 
 Judgment of court, 278, 279. 
 Notice by arbitrators to parties, 
 
 277. 
 
 Oaths of arbitrators, 276. 
 Pendency of suit, agreement for 
 
 submission, 278. 
 
 Petition in action on award, 280. 
 Submission agreement, 275. 
 Suit pending, 278. 
 
 ARRAIGNMENT. 
 
 Form, 824. 
 
 Waiver, and plea, 824. 
 
 ARRAY. 
 
 Challenge to jurors, 588, 825. 
 
 ARREST. 
 
 Bench warrant, 827, 828. 
 
 Interrogatories, refusal of witness 
 
 to appear, 576. 
 Warrant for good behavior, entry, 
 
 804. 
 Witness, freedom from, 60. 
 
 ASSIGNMENT. 
 Articles of, 281. 
 Bonds for title, 333. 
 Claims, to defeat exemption of 
 wages, 152, 153. 
 
 ASSIGNMENT Cont'd. 
 Commencement of declaration or 
 
 petition, suit by assignee of 
 
 chose in action, 386. 
 Landlord's lien, 600, 602. 
 Lease, 282. 
 Mortgages, 642. 
 
 ATTACHMENT. 
 
 Advertisement of levying officer, 
 
 297. 
 
 Affidavit, 283, 284, 286, 292. 
 Attorney at law, contempt, 301. 
 
 Making affidavit and giving 
 
 bond, 284. 
 
 Bond, 283, 284, 286, 296. 
 Constables, contempt, 373. 
 Counsel fees and alimony, non-pay- 
 ment in divorce proceedings, 527, 
 540. 
 
 Declaration, 287, 295. 
 Fraudulent debtor, affidavit, 292. 
 
 Order of court, 293. 
 
 Petition, 292. 
 
 Garnishment in aid of, 480-482. 
 Judgment, 290, 294. 
 Justice court, appeal, 124. 
 Levy, 285. 
 
 Notice to defendant, 289, 295. 
 Purchase money, affidavit, 286. 
 
 Bond, 286. 
 
 Declaration, 287. 
 
 Deed where bond for title 
 given, 291. 
 
 Judgment, 290. 
 
 Notice to defendant, 288, 289. 
 
 Return of officer, 289. 
 
 Writ, form, 287. 
 Return, 287. 
 Removal, order of court, 294. 
 
 Petition for, 293. 
 Replevy bond, 296. 
 Return of officer, 285, 287, 289. 
 Rule against officers, 742. 
 Traverse, 297. 
 Witnesses, compelling attendance, 
 
 59, 74. 
 Writ, form, 285. 
 
 Levy, 285. 
 
 Return, 285. 
 
 ATTESTATION. 
 
 Deeds, 388. 
 
 Wills, 775, 777, 779. 
 
 ATTORNEY AND CLIENT. 
 Absence of counsel, continuance 
 for, 19, 20.
 
 INDEX 
 
 867 
 
 [REFERENCES ARE TO PAGES.] 
 
 ATTORNEY AND CLIENT Cont'd. 
 Attachment, affidavit and bond, 284. 
 Contempt, attachment for, 301. 
 Continuance, absence of counsel, 
 
 19, 20. 
 
 Agreement of counsel, 31. 
 Illness of counsel, affidavit, 375. 
 Fees, complaint on note providing 
 
 for, 710. 
 
 Divorce proceeding: See Di- 
 vorce and Alimony. 
 Garnishment, affidavit and bond by 
 
 attorney, 144, 147. 
 Illness of counsel, continuance for, 
 
 20, 25. 
 
 Judge preparing contract, disqualifi- 
 cation, 6. 
 
 Related to counsel, disqualifica- 
 tion, 4, 9, 10. 
 
 Judgment against attorney of non- 
 resident plaintiff, 582. 
 Justice court, entry of appeal, 120, 
 
 124. 
 
 Manifold copy of notice for attor- 
 ney's fees on note, 178, 712. 
 New trial, agreement as to brief of 
 
 evidence, 658. 
 Note providing for attorney's fees, 
 
 175, 178, 710-712. 
 
 Notice to defendant to recover at- 
 torney's fees on note, 175, 178, 
 712. 
 
 Privileged communications, 42, 61. 
 Rule against, attachment for con- 
 tempt, 301. 
 Petition, 298. 
 Rule absolute, 300. 
 Rule nisi, 299. 
 
 ATTORNEY IN FACT. 
 Deeds, execution, 391. 
 Illegality proceedings, filing affi- 
 davit, 141. 
 Power of attorney, 702. 
 
 AUDITORS. 
 
 Application for appointment, 301. 
 
 Exceptions to report, 305. 
 
 Judgment of court, 306. . 
 
 Notice given by, 303. 
 
 Oath, 303. 
 
 Order appointing, 302. 
 
 To show cause, 302. 
 Report, 304, 305. 
 
 AUTRE FOIS ACQUIT. 
 Plea, 821. 
 
 AUTRE FOIS CONVICT. 
 
 Plea, 822. 
 AWARD. 
 See Arbitrament and Award. 
 
 BAIL IN ACTIONS FOR PER- 
 SONALTY. 
 
 Affidavit, 307. 
 Bond, 308. 
 Petition, 306. 
 
 Affidavit, 310. 
 
 Defendant confined under bail 
 
 process, 309. 
 
 Order for rule to show cause, 
 310. 
 
 BAIL TROVEE. 
 
 Affidavit, 766. 
 Bond, 768. 
 
 BAILIFFS. 
 
 Sheriff's certificate as to services, 
 753. 
 
 BANKS. 
 
 Charter, affidavit of proposed cor- 
 porators, 311. 
 
 Application for, 311. 
 Certificate of incorporation, 313. 
 Ordinary's certificate, 313. 
 Publication of declaration and 
 
 affidavit, 313. 
 
 Examiner's report, 321-327. 
 Statement of condition of, 314-317. 
 Trust companies, affidavit of sub- 
 scribers to stock, 320. 
 Application for charter, 318. 
 Notice of intention to organize, 
 318. 
 
 BASTARDS AND BASTARDY. 
 
 Appearance of putative father, bond 
 
 for, 832. 
 
 Judgment requiring bond, 832. 
 Legitimation of bastard, affidavit as 
 
 to service of notice, 670. 
 Notice to mother, 670. 
 Order of court, 671. 
 Petition, 670. 
 Maintenance and education, bond, 
 
 831. 
 Judgment requiring bond, 831. 
 
 Warrant, affidavit, 830. 
 Form, 830.
 
 868 
 
 INDEX 
 
 [BEFERENCES AEB TO PAGES.] 
 
 BENCH WARRANT. 
 Bond, 827. 
 
 Entry of arrest, 828. 
 Form, 827. 
 BEST EVIDENCE. 
 Necessity of producing, 35. 
 BILLS AND NOTES. 
 See Promissory Notes and Bills of 
 Exchange. 
 
 BILL OF EXCEPTIONS. 
 See Practice in Supreme Court. 
 BILLS OF EXCHANGE. 
 See Promissory Notes and Bills of 
 Exchange. 
 
 BILLS OF SALE OF PERSON- 
 ALTY. 
 
 Administrator, 216. 
 
 Bond to reconvey personalty, 329. 
 
 Debt, bill of sale to secure, 328. 
 
 Form, 328. 
 
 Note for purchase money with title 
 
 reserved, 330. 
 Sheriff, 755. 
 
 BIRDS. 
 
 Laws relating to, 842-850. 
 
 BLACKSMITHS. 
 
 Books of account as evidence, 37- 
 40. 
 
 BOARS. 
 
 Liens of owners, 612-614. 
 
 BONDS. 
 
 See Forthcoming Bonds; In 
 
 Forma Pauperis ; Principal 
 
 and Surety. 
 
 Administrators, additional security, 
 210-212. 
 Approval, 208. 
 
 Justification of obligors, 208. 
 New security, 210. 
 Order on application to 
 
 strengthen, 209. 
 Permanent, 200. 
 Refunding bond, 264. 
 Relief of security, application, 
 
 209. 
 Removal for failure to give, 
 
 267, 268. 
 Strengthening, 209-212. 
 
 BONDS Cont'd. 
 
 Administrators Cont'd. 
 
 Successor of administrator re- 
 signing, 270. 
 
 Temporary, 182. 
 Appeal, 272, 273. 
 
 Justice court, 118, 120, 121, 125. 
 Attachment, 283, 284, 286, 296. 
 Bail, actions for personalty, 308. 
 
 Trover, 768. 
 
 Bastards, appearance of putative 
 father of, 832. 
 
 Maintenance and education, 
 
 831. 
 
 Bench warrant, 827. 
 Bridge contractors, 334. 
 Certiorari, 336. 
 
 Chattel mortgage, creditor contest- 
 ing, 645. 
 
 Claims of title, 127-129, 356. 
 Clerk of court, 361. 
 Constables, 82, 84, 367. 
 Dispossessory warrant, 426. 
 Distress warrant, 430. 
 Estrays, owner of, 453. 
 Execution, stay, 466. 
 Garnishment, Code sections, 144, 
 147. 
 
 Dissolution, 148, 149, 157, 479, 
 481. 
 
 Entry upon, 477. 
 
 Forms, 154, 155, 476. 
 Guardian, natural, 484. 
 
 Permanent, 490. 
 
 Relief of sureties, 491, 492. 
 
 Temporary, 489. 
 Homestead, levy and sale, 518. 
 Illegality proceedings, 140. 
 Injunction, 546. 
 
 Substitution for, 548. 
 Peace warrant, 806. 
 Possessory warrant, judgment, 677. 
 
 Property taken by defendant, 
 678. 
 
 Property turned over to plain- 
 tiff, 677. 
 Reconveyance of land, 408, 414, 419. 
 
 Personalty, 329. 
 
 Replevy, chattel mortgage foreclos- 
 ure, 595, 643. 
 
 Execution, 459. 
 
 Lien foreclosure, 618. 
 Supersedeas, 698-700. 
 Title, for: See Bonds for Title. 
 Trustee, 772. 
 Warrant for good behavior, 804.
 
 INDEX 
 
 869 
 
 [REFERENCES ARE TO PAGES.] 
 
 BONDS FOR TITLE. 
 
 Administrator, requiring making of 
 
 title, 202-207. 
 Assignment, 333. 
 Attachment, deed, 291. 
 Forms, 331, 332. 
 Purchase money note under, 716. 
 
 BOOKS. 
 
 Account, evidence, 37-40: 
 Compelling production in court, 45- 
 
 58. 
 Ledgers, admissibility in evidence, 
 
 40. 
 
 Refreshing memory from, 40, 41. 
 Transcript as evidence, 56. 
 
 BREACH OF MARRIAGE PROM- 
 ISE. 
 
 Witnesses, competency, 61. 
 
 BRIDGES. 
 
 Contractor's bond, 334. 
 
 BRIEF OF EVIDENCE. 
 
 New trial, motion for, 656-658. 
 
 BULLS. 
 
 Liens of owners, 612-614. 
 
 BURDEN OF PROOF. 
 
 Changing, 35. 
 
 Claim cases, 130, 136. 
 
 Illegality proceedings, 141. 
 
 Party having, in general, 35. 
 
 BY-LAWS. 
 
 Corporations, 348-354. 
 
 CALENDAR. 
 
 Stafford's office calendar, admissi- 
 bility in evidence, 36. 
 
 Stern's United States calendar, ad- 
 missibility in evidence, 36. 
 
 CAPTION. 
 
 Interrogatories, agreement to take, 
 69. 
 
 CAUSE OF ACTION. 
 
 What is, 93, 94. 
 CAVEATS. 
 
 Administrators, annual return, 250. 
 Application for permanent let- 
 ters, 199. 
 
 To sell lands, 221. - 
 Dower, return of commissioners, 
 
 437. 
 Wills, probate proceedings, 784. 
 
 CERTIFICATES. 
 
 Banks, incorporation of, 313. 
 
 Certiorari, 337. 
 
 Clerk of court, extradition proceed- 
 ings, 837, 838. 
 
 Interrogatories, transmission, 573. 
 
 Lost papers, copy established, 626. 
 
 Marriage, 522. 
 
 Notary public, moral character, 660. 
 Official character, 661. 
 
 Ordinaries, to copies, 665. 
 Transcript of record, 666. 
 
 Protest, 722. 
 
 Sheriff, bailiff's services, 753. 
 
 Surveyor, processioning proceed- 
 ings, 708. 
 
 CERTIORARI. 
 
 Affidavit, 336. 
 
 Answer to writ, 340. 
 
 Bond, 336. 
 
 Certificate, 337. 
 
 Costs, judgment for, 343. 
 
 Exceptions to answer to writ,. 341. 
 
 Notice of, 342. 
 
 In forma pauperis, affidavit, 338. 
 Judgment of court, 343. 
 Justice court, 122. 
 Notice, affidavit as to service, 340. 
 
 Exceptions to answer to writ, 
 342. 
 
 Sanction. 339. 
 Petition. 335. 
 
 Possessory warrant, notice, 679. 
 Rules, 684, 685. 
 Sanction of writ, 338, S39. 
 Service of writ, 339. 
 Traverse to answer, 342. 
 Writ, form of, 338. 
 
 CHALLENGES. 
 
 Jury, array, 588, 825. 
 
 CHARACTER. 
 Evidence, relevancy, 34. 
 Notary public, certificate of moral 
 character, 660. 
 
 CHARTERS. 
 
 Banks, 311, 313. See Banks. 
 Superior court charters, agreement, 
 347. 
 
 By-laws, 348-354. 
 
 Judgment granting, 356. 
 
 Petition for, 344, 345. 
 
 Preferred stock, 347. 
 
 Stock subscription, 347. '
 
 870 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 CHATTEL MORTGAGES. 
 See Mortgages. 
 CHOSES IN ACTION. 
 
 Commencement of declaration or 
 petition, suit by assignee, 386. 
 
 CIRCUMSTANTIAL EVIDENCE. 
 
 Definition, 32. 
 
 CITATION. 
 
 Administration, county administra- 
 tor, 194. 
 
 Creditor's application, 192. 
 De bonis non, 184, 187. 
 Discharge of administrator, 
 
 265, 266. 
 
 Dismission of executor, 793. 
 Division of estate in kind, 241. 
 Permanent, 190, 198. 
 Resignation of administrator, 
 
 269. 
 
 Superior court clerk, 195, 196. 
 Clerk of court, 705. 
 Divorce proceedings, 530. 
 Guardianship proceedings, 487. 
 
 Dismission from guardianship, 
 
 497, 498. 
 Resignation of guardian, 496. 
 
 Ordinary, road proceedings, 727. 
 Wills, probate, 783. 
 Year's support, 235. 
 
 CITY COURTS. 
 
 Accusation in, 828, 829. 
 Demand for jury, 829. 
 Execution, 456. 
 Jury summons, 753. 
 
 CLAIMS. 
 
 Decedent's estate, compromise, 236, 
 237. 
 
 CLAIM OF TITLE. 
 
 Admission of possession, 137. 
 Affidavit, 127, 355. 
 Amendment, 136. 
 Bond, 127-129, 356. 
 Burden of proof, 130, 136. 
 Compensation for keeping property 
 
 129. 
 
 Costs, 136. 
 
 Crops purchased from landlord, 137. 
 Damages, 130, 131, 136. 
 Executor's sale, 132. 
 Forthcoming bond, 128, 129, 133, 
 
 134, 357, 358. 
 Garnished property, 146, 149, 150, 
 
 480. 
 
 CLAIM OF TITLE Cont'd. 
 Grounds of attack on execution, 140. 
 Homestead, 139. 
 In forma pauperis, 128, 133. 
 
 Affidavit, 357. 
 Issue joined, 135, 359. 
 
 Tendered, 358. 
 Joint owner, 128. 
 Judgment, 135, 136, 359. 
 
 Damages found, 360. 
 Jurisdiction, objections to, 137. 
 Jury trial, 130. 
 Justice court, 132, 133, 597. 
 Non-appearance of claimant, 138. 
 Oath, jurors, 130. 
 
 Necessity, 127. 
 Opening and concluding argument, 
 
 139. 
 
 Ordinary, court of, 131. 
 Partner, 128. 
 Payment, 139. 
 Prima facie case, 138. 
 Return, 129. 
 Sale, failure to give bond, 129. 
 
 Postponement, 128. 
 Second claim, 131. 
 Sheriff's entry, 755. 
 Tender of issue, 135. 
 Trial, 133-135. 
 
 By jury, 130. 
 Verdict, 135, 359. 
 Withdrawal, 130. 
 
 Original fi. fa., 131. 
 
 CLERKS OF COURT. 
 
 Administrator, clerk of superior 
 
 court acting as, 195, 196. 
 Bond, 361. 
 
 Certificate, authority of officer, 362. 
 
 Bill of exceptions, 897, 698. 
 
 Exemplification of record, 363. 
 
 Extradition proceedings, 837, 
 838. 
 
 Notary's authority, 389, 390. 
 
 Transcript of record, 698. 
 Deputy, bond, 361. 
 Fees, 379. 
 
 Indorsement on execution, 455. 
 Interrogatories, receipt, 573. 
 Judges, appointed by, when, 8. 
 Oath, 360. 
 Scire facias to make parties, 362. 
 
 CODICILS. 
 
 Form, 779. 
 
 COLLATERAL NOTE. 
 
 Form* 718.
 
 INDEX 
 
 871 
 
 [REFERENCES ABB TO PAGES.] 
 
 COMMENCEMENT. 
 Declaration or petition, 385-387. 
 
 COMMISSION. 
 
 Depositions without commission, 
 70-74, 574, 575. See Depositions 
 without Commission. 
 
 Interrogatories, 570-572. See Inter- 
 rogatories. 
 
 Lunacy proceedings, 554-556, 559. 
 
 Notary public, 661. 
 
 COMMISSIONS. 
 
 Administrators, forfeiture, 252, 253. 
 
 COMMISSIONERS. 
 
 Court, return of interrogatories, 
 
 575. 
 
 Dower, assignment, 433-435. 
 Lunacy proceedings, 554-556. 
 Police, disqualification, 5. 
 Roads, complaint against, 738. 
 
 Judgment against, 739. 
 
 Judgment of, against default- 
 ers, 731. 
 
 Summons to, 736, 739. 
 
 COMMITMENT. 
 Criminal warrant, 801. 
 Insane persons, 564-566. 
 Possessory warrant, defendant, 676. 
 
 COMMON LAW. 
 
 Continuances, number, 18. 
 Ejectment, petition, 439. 
 Habeas corpus, petition, 503. 
 
 COMMUNICATIONS. 
 Privileged, 42, 61. 
 
 COMPENSATION AND FEES. 
 See Costs and Fees.' 
 
 Administrators, extra compensa- 
 tion, 251, 252. 
 
 Claimant of property, compensation 
 for keeping same, 129. 
 
 COMPETENT EVIDENCE. 
 Definition, 32. 
 COMPROMISE. 
 
 Decedent's estate, claims against, 
 236, 237. 
 
 CONDITIONAL SALES. 
 
 Note, 720. 
 CONDUCT. 
 Evidence, 34. 
 
 CONSENT. 
 
 Beneficiaries, appointment of trus- 
 tee, 771. 
 Trial, continuance, 31. 
 
 CONSIDERATION. 
 
 Illegality, plea of, 366. 
 Justice court, plea of failure of con- 
 sideration, 102, 104. 
 Partial failure, plea of, 104, 365. 
 Total failure, plea of, 104, 364, 365. 
 
 CONSTABLES. 
 
 Advertising levy, 165. 
 
 Sales, 164. 
 Appointment, 80-82. 
 Bonds, 82, 84, 367. 
 Contempt, attachment for, 373. 
 Criminal warrant, return, 801. 
 Duties, 84. 
 Election, 79. 
 Entry before levy on land, 369. 
 
 Nulla bona, 369. 
 Fees, 384. 
 Levy of execution, 165. 
 
 Land, 369. 
 
 Notice, 370. 
 
 Shares of stock, 370. 
 Nulla bona, entry of, 369. 
 Number 79. 
 Oath, 81, 82, 84, 368. 
 Removal, 79. 
 
 Rule against, attachment for con- 
 tempt, 373. 
 
 Code sections, 84. 
 
 Demand, 372. 
 
 Affidavit of service, 372. 
 
 Petition, 371. 
 
 Rule absolute, 373. 
 
 Rule nisi, 372. 
 Sales, advertising, 164. 
 
 Corporate stock levied on, how, 
 164. 
 
 Forthcoming bond, 165. 
 
 Land levied on, when, 164. 
 
 Notice, 370. 
 
 Time and place, 164. 
 Service by, 369. 
 Term of office, 79. 
 
 Acting after. 87. 
 Vacancy in office, 79. 
 
 CONTEMPT. 
 
 Attorney-at-law, attachment, 301. 
 
 Constables, attachment, 373. 
 
 Counsel fees and alimony, non-pay- 
 ment in divorce proceeding, 527, 
 540.
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 CONTEMPT Cont'd. 
 Interrogatories, refusal of witness 
 to appear, 576. 
 
 CONTINUANCE. 
 
 Absence of counsel, 19, 20, 27. 
 
 Party, 19, 20, 27. 
 
 Witnesses, 19, 20, 25, 44, 374. 
 Affidavits for, 374, 375. 
 Agreement of counsel, 31. 
 Amendments, effect, 19. 
 Appeal, on, 21. 
 
 Claim cases in justice court, 133. 
 Common law, number, 18. 
 Consent to trial, 31. 
 Counsel, absence, 19, 20, 27. 
 
 Agreement, 31. 
 
 Illness, 20, 25. 
 
 Affidavit, 375. 
 
 Counter-showing to motions for, 21. 
 Depositions, proceedings for taking, 
 
 73. 
 
 Diligence, necessity, 21, 22. 
 Discretion of court, 21-23. 
 Docket entry, 21. 
 
 General Assembly, absence of coun- 
 sel, party, or witness in attend- 
 ance upon, 19. 
 Illness of counsel, 20 25. 
 
 Affidavit, 375. 
 Illness of party, -20, 23. 
 
 Affidavit, 375. 
 Interrogatories, non-return as 
 
 ground, 21. 
 Joint parties, 30. 
 Justice courts, 22. 
 
 Claim cases, 133. 
 Motion, service of rule nisi, 30. 
 Number at common law, 18. 
 Party, absence, 19,' 20, 27. 
 
 Illness, 20, 23. 
 
 Affidavit, 375. 
 
 Production of papers, pending, 52. 
 Public announcement, 21. 
 Rules, 22. 
 
 Supreme Court, absence of coun- 
 sel, party or witness, 19. 
 
 Cases sent back from, 20. 
 Surprise, 28, 32. 
 Term of court, beyond, 21. 
 Trial term, case not reached at, 20. 
 Witnesses absence, 19, 20, 25, 44, 
 374. 
 
 Pay for attendance after, 21. 
 
 CONTRACTS. 
 
 Action for breach in justice court, 
 589. 
 
 CONTRACTS Cont'd. 
 Bridges, bond of contractor, 334. 
 Fertilizers, plea of illegality, 471. 
 General form, 377. 
 Judgment on, 581. 
 Landlord and tenant, between, 603. 
 Creation of landlord's lien, 599. 
 Sale, 743. 
 Short form, 378. 
 
 CONTRACTORS. 
 
 Bond of bridge contractor, 334. 
 
 Liens, 605, 606. 
 
 Mechanic's lien on real estate, 
 
 claim, 376. 
 Petition to foreclose, 376. 
 
 CONVICTS. 
 
 Divorce, conviction of felony as 
 ground, 523. 
 
 COPIES. 
 
 Accusation, demand, 817. 
 
 Response of solicitor-general, 
 
 817. 
 
 Evidence, admissibility in, 36. 
 Lost papers, establishment: See 
 
 Lost Papers. 
 Ordinaries, certificates, 665. 
 
 CORONERS. 
 
 Justices of the peace, acting as, 78. 
 
 CORPORATIONS. 
 
 See Banks. 
 
 Charters, 344-355. See Charters. 
 Commencement of declaration or 
 
 petition, suit against, 387. 
 Garnishment, 145, 150, 153. 
 Nul tiel corporation, plea, 379. 
 Service of process, 704. 
 Stock, levy on, 370. 
 
 COSTS AND FEES. 
 
 Certiorari, judgment for, 343. 
 
 Claim cases, 136. 
 
 Clerks of superior court, 379. 
 
 Commissioners taking depositions, 
 
 74. 
 
 Constables, 384. 
 Execution against plaintiff, 465. 
 
 Indorsement, 455, 456. 
 Garnishment proceedings, 151, 159. 
 Judgment for costs, 385. 
 
 Non-resident plaintiff, against 
 
 attorney of, 582. 
 Jurors, 120. 
 Justices of the peace, 382. 
 
 Appeal, 126.
 
 INDEX 
 
 873 
 
 [REFERENCES ARE TO PAGES.] 
 
 COSTS AND FEES Cont' d. 
 Notaries public, ex-officio justices 
 
 of the peace, 382. 
 Ordinaries, 667-669. 
 Sheriff, 381. 
 Witnesses, 59, 60, 62. 
 
 After continuance, 21. 
 
 COUNSEL. 
 
 See Attorney and Client. 
 COUNTER AFFIDAVITS. 
 
 Account, action on, 98, 111, 174, 589. 
 Dispossessory warrant, 426. 
 Distress warrant, 429. 
 Estrays, ownership, 454. 
 Homestead, levy and sale, 518. 
 Intruders, removal, 577. 
 
 COUNTY ADMINISTRATOR. 
 
 Bond, 207. 
 
 Order appointing, 192. 
 
 Vesting administration in, 193, 194. 
 
 COUNTY COMMISSIONERS. 
 
 Subpoenas, 796. 
 COUNTY COURTS. 
 
 Accusation in, 828, 829. 
 Demand for jury, 829. 
 Execution, 457. 
 
 COUNTY TAXES. 
 
 Order levying, 757. 
 
 COUPONS. 
 
 Notes with coupons, 412-414, 714, 
 715. 
 
 COURTS. 
 
 See City Courts; Clerks of Court; 
 
 County Courts; Court of Inquiry; 
 
 Justices and Justice Courts; 
 
 Ordinaries; Practice in Supreme 
 
 Court; Superior Courts. 
 
 COURT COMMISSIONER. 
 
 Interrogatories, return, 575. 
 
 COURT OF INQUIRY. 
 
 Subpoenas, form, 58. 
 
 CREDITS. 
 
 Entry on note, 719. 
 
 CROPS. 
 
 Contract between landlord and 
 
 cropper, 603. 
 Lien of landlord for furnishing 
 
 supplies, 598-602. 
 
 CROSS-EXAMINATION. 
 Witnesses, 63. 
 CROSS-INTERROGATORIES. 
 
 Commission to take testimony, 65, 
 67. 
 
 CROSS-PETITION. 
 Divorce proceeding, 532. 
 
 CRUEL TREATMENT. 
 Divorce, grounds, 523. 
 
 CUMULATIVE EVIDENCE. 
 
 Definition, 32. 
 
 DAIRYMEN. 
 
 Books of account as evidence, 37- 
 40. 
 
 DAMAGES. 
 
 Claim cases, 130, 131, 136. 
 Garnishment, wrongful, 152. 
 Illegality proceedings, 140. 
 Justice court, frivolous appeal, 126. 
 Road, establishment, 733-735. 
 
 DATES. 
 
 Stafford's office calendar, admissi- 
 
 bility in evidence, 36. 
 Stern's United States calendar, ad- 
 
 missibility in evidence, 36. 
 
 DE BONIS NON. 
 
 Administration: See Administra- 
 tors and Executors. 
 
 DE FACTO OFFICERS. 
 Evidence, 36. 
 
 DEATH. 
 
 Declarations by deceased persons as 
 evidence, 37. 
 
 DECEDENT'S ESTATES. 
 
 See Administrators and Executors. 
 
 DECLARATIONS. 
 
 Evidence, admissibility, 37. 
 
 DECLARATIONS OR PETITIONS. 
 
 Adoption of child, 671. 
 
 Attachment, 287, 295. 
 
 Award of arbitrators, action on, 
 
 280. 
 
 Bastard, legitimation of, 670. 
 Certiorari, 335. 
 
 Commencement, administrator with 
 will annexed suing, 386.
 
 874 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 DECLARATIONS OE PETITIONS 
 
 Cont'd. 
 Commencement Cont'd. 
 
 Assignee of chose in action 
 suing, 386. 
 
 Corporation, domestic, sued, 
 387. 
 
 Executor suing, 386. 
 
 Guardian suing, 386. 
 
 Infant suing by next friend, 
 385. 
 
 Partners suing partners, 385. 
 
 Railroad company sued, 387. 
 
 Receiver suing, 387. 
 Constable, for rule against, 371. 
 Corporate charter, for, 344, 345. 
 Demurrers to, 448, 449. 
 Divorce, 524, 528. 
 Ejectment, 439. 
 Equity, 447-450. 
 Habeas corpus, common law, 503. 
 
 Criminal case, 839. 
 Homestead, application for, 508. 
 Injunction, 544. 
 Lost papers, establishment, 422, 
 
 621, 622, 625. 
 Mandamus, 627. 
 
 Mechanic's lien, foreclosure, 376. 
 Mortgage foreclosure, 635. 
 Natural guardian, 484. 
 Ne exeat, divorce and alimony pro- 
 ceeding, 541. 
 
 Notary public, appointment, 659. 
 Perishable property, sale of, 744. 
 Processioning proceedings, 706. 
 Scire facias to revive dormant judg- 
 ment, 749. 
 Trover, 766. 
 Verification, 447. 
 
 Wills, compelling production, 789, 
 790. 
 
 Probate, 780, 781. 
 
 DECREES. 
 
 See Judgments and Decrees. 
 
 DEEDS. 
 
 Acknowledgment of execution, 389. 
 Administrator, land, 229. 
 
 Under bond for title of intes- 
 tate, 205. 
 Wild land, 399. 
 Attachment, bond for title given, 
 
 291. 
 
 Attestation of domestic deed, 388. 
 Bond to reconvey, 408, 414, 419. 
 Certificate of clerk to notary's au- 
 thority, 389, 390. 
 Signature of judge, 390. 
 
 DEEDS Cont'd. 
 
 Executor, private sale, 398. 
 
 Public sale, 395, 396. 
 Gift, 395. 
 Guardian, 400. 
 Loan deed with power of sale, 405. 
 
 Cancellation clause, 411. 
 Lost, establishment, 622. 
 
 Oath to copy, 422. 
 
 Petition, 422. 
 
 Rule absolute, 423. 
 
 Rule nisi, 423. 
 
 Notice of levy by sheriff, 402. 
 Partition, 401. 
 
 Power of attorney to execute, 391. 
 Probate of witness, 391. 
 Promissory note, loan deed, 412. 
 Quit claim deed, 394. 
 Reconveyance, bond, 408, 414, 419. 
 Security deed, under Code, 416. 
 
 Warranty deed to secure loan, 
 
 405, 411. 
 Sheriff's deed, 403. 
 
 Tax deed, 404. 
 Shylock form, 405. 
 Tax deeds, 404, 761. 
 Trust, 401. 
 Wards, to, 501. 
 Warranty deed, 392, 393. 
 
 To secure loan, 411. 
 Wild lands, 399. 
 
 DEFAULT JUDGMENT. 
 
 Affidavit on application to open, 
 
 424. 
 Form of judgment on opening, 424. 
 
 DEFAULTERS. 
 
 Road, 729-737. See Roads. 
 
 DEFINITIONS. 
 
 Account, 108. 
 Account stated, 109. 
 Circumstantial evidence, 32. 
 Competent evidence, 32. 
 Cumulative evidence, 32. 
 Direct evidence, 32. 
 Evidence, 32. 
 Hearsay evidence, 37. 
 Indirect evidence, 32. 
 Preponderance of evidence, 33. 
 Presumptive evidence, 32. 
 Primary evidence, 35. 
 Secondary evidence, 35. 
 Sufficient evidence, 32.
 
 INDEX 
 
 87! 
 
 [REFERENCES ARE TO PAGES.] 
 
 DEGREES. 
 
 Relationship, disqualification of 
 judges, 1-4. 
 
 Disqualification of jurors, 13. 
 
 Marriage, 521. 
 Secondary evidence, 36. 
 
 DELAY. 
 
 Frivolous appeal, justice court, 126. 
 Illegality proceedings, damages, 
 140. 
 
 DELIVERY. 
 
 Depositions, 71. 
 Garnishee, by, 151. 
 
 DEMAND. 
 
 Accusation, for copy of, 817. 
 Jury, city or county court, 829. 
 Money rule against officer, 740. 
 Municipal corporation, on, before 
 
 suit, 650. 
 
 Trial, by accused, 816. 
 Witnesses, for list of, 817. 
 
 DEMURRERS. 
 
 Equitable petition, 448, 449. 
 Indictment, 818. 
 
 DEPOSITIONS WITHOUT COM- 
 MISSION. 
 
 See Interrogatories. 
 
 Acknowledgment of service of no- 
 tice, 574. 
 
 Adjournment of proceedings, 73. 
 
 Attachments, 74. 
 
 Compelling appearance of witnesses, 
 74. 
 
 Contempt, failure of witness to ap- 
 pear, 71. 
 
 Delivery, 71. 
 
 Fees of commissioner, 74. 
 
 Notice, 70-73, 574. 
 
 Oath of witnesses, 70, 73. 
 
 Officer before whom taken, 70, 72. 
 
 Order of examination, 73. 
 
 Postponement of proceedings, 73. 
 
 Powers of commissioner, 74. 
 
 Return, 73.. 
 
 Scope of examination, 73. 
 
 Seal, 71. 
 
 Signing, 70. 
 
 Subpoena, 575. 
 
 Duces tecum, 71. 
 
 Writing, reducing to, 70. 
 
 DESERTION. 
 Divorce, grounds, 523. 
 
 DIAGRAMS. 
 
 Judges, relationship, 3. 
 Jurors, relationship, 15. 
 
 DILATORY PLEAS. 
 Justice court, 102. 
 DILIGENCE. 
 
 Continuances, affecting right to, 21, 
 22. 
 
 DIRECT EVIDENCE. 
 
 Definition, 32. 
 DISCLAIMER. 
 
 Ejectment proceedings, 439. 
 
 DISCRETION OF COURT. 
 
 Continuance, 21-23. 
 
 DISMISSAL. 
 
 Appeal from justice court, 120, 126. 
 Garnishment, 482. 
 Sheriff's entry, 757. 
 
 DISMISSION. 
 
 Administrator, 266, 269. 
 Executor, 792, 793. 
 Guardian, 497-499. 
 
 DISPOSSESSORY WARRANT. 
 
 Affidavit, 425. 
 
 Bond, 426. 
 
 Counter affidavit, 426. 
 
 Judgment, 427. 
 
 Verdict, 427. 
 
 Writ of possession, 427. 
 
 DISQUALIFICATION. 
 
 Constables, 81. 
 Judges: See Judges. 
 Jurors: See Jury and Jurors. 
 Justices of the peace, 76, 77. 
 
 DISSOLUTION. 
 
 Garnishment, bond, 157, 479, 481. 
 
 Code sections, 146, 148-150. 
 
 Notice, 157, 483. 
 Injunction, 547, 548. 
 
 DISTRESS WARRANT. 
 
 Affidavit, 428. 
 Bond, 430. 
 
 Counter affidavit, 429. 
 Levy, 429. 
 Warrant, 429. 
 
 DISTRIBUTION. 
 
 Decedent's estate: See Administra- 
 tors and Executors.
 
 876 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 DIVISION. 
 
 Decedent's estate, 240-243. 
 Partition deed, 401. 
 
 DIVOECE AND ALIMONY. 
 Answer to petition, 532. 
 Attachment, failure to pay alimony, 
 
 527, 540. 
 
 Citation by clerk, 530. 
 Contempt, non-payment of alimony, 
 
 527, 540, 541. 
 Counsel fees, order allowing, 526. 
 
 Order nisi, 538. 
 
 Order to pay, 539. 
 
 Petition, 524, 537. 
 Cross-petition, 532. 
 Cruel treatment, 523. 
 Decree a mensa, 535. 
 
 Total divorce, 534. 
 Desertion, 523. 
 Felony, conviction of, 523. 
 First verdict, 533. 
 Force, fraud, etc., 522. 
 Form of grounds, 522-524. 
 Habitual intoxication, 524. 
 Mental incapacity, 522. 
 Ne exeat, order, 542. 
 
 Petition, 541. 
 
 Writ, 542. 
 
 Order, allowing alimony and coun- 
 sel fees, 526. 
 
 Nisi, 527, 538. 
 
 To perfect service, 531. 
 Petition, 524, 528. 
 
 Alimony where no suit for di- 
 vorce pending, 537. 
 
 Cross-petition, 532. 
 
 Ne exeat, 541. 
 
 Rule absolute and attachment, 
 
 527. 
 
 Pregnancy, 523. 
 Process, 526. 
 
 Publication, service by, 531. 
 Removal of disabilities, judgment, 
 537. 
 
 Notice of application, 536. 
 
 Notice to be published, 536. 
 
 Petition, 535. 
 
 Verdict, 537. 
 Return by sheriff, 530. 
 Rule absolute, 528, 539, 541. 
 Schedule of property, 530. 
 Second verdict, 533. 
 Service, order to perfect, 531. 
 
 publication, 531. 
 Verdict a mensa, 534. 
 
 A vinculo, 533. 
 
 DOCKETS. 
 
 Continuance, entry, 21. 
 
 Execution, entry, 456. 
 
 Justice court, evidence on appeal, 
 
 126. 
 Furnishing, 106. 
 
 DOCUMENTARY EVIDENCE. 
 
 See Evidence. 
 
 DORMANT JUDGMENT. 
 
 Scire facias to revive, 749, 750. 
 
 DOWER. 
 
 Admeasurement, writ of, 434. 
 Application, 431. 
 
 By widow who is administra- 
 trix, 432. 
 Copy of notice to non-resident heirs, 
 
 433. 
 
 Election of widow, 240. 
 Notice of intention to apply for, 
 
 431. 
 To non-resident heirs, copy, 
 
 433. 
 
 Oath of commissioners, 435. 
 Order appointing commissioners, 
 
 433. 
 
 Return of commissioners, 435. 
 Caveat and objections to, 437. 
 Order making return judgment 
 
 of court, 436. 
 Sheriff, 437. 
 
 Writ of admeasurement, 434. 
 Possession, 437. 
 
 DRUNKARDS. 
 
 Witnesses, competency, 62. 
 
 DRUNKENNESS. 
 Divorce, grounds, 524. 
 
 EJECTMENT. 
 
 Common law form of petition, 439. 
 Complaint for land and mesne prof- 
 its, 438. 
 
 Disclaimer of title, 439. 
 Judgment of court, 443. 
 Mesne profits, complaint for, 438. 
 Notice to appear, 442. 
 Petition in action of, 439. 
 Under Neel Act, 445. 
 Plea of defendant, 443. 
 Process, 442. 
 Return by sheriff, 444. 
 Verdict of jury, 443. 
 Writ of possession, 444.
 
 INDEX 
 
 877 
 
 [REFERENCES ARE TO PAGES.] 
 
 ELECTION. 
 
 Dower, widow, 240. 
 
 Verdict in trover, judgment, 769. 
 
 ELECTIONS. 
 
 Constables, 79. 
 
 Justices of the peace, 75, 76. 
 
 EMPLOYEES. 
 
 Contract between employer and em- 
 ployee, 603. 
 
 ENTEY. 
 
 See specific heads. 
 
 EQUITY. 
 
 Answer to petition, 449. 
 Demurrers to petition, general, 449. 
 
 General and special, 448. 
 
 Special, 449. 
 
 Injunction, skeleton petition, 447. 
 Petition, answer, 449. 
 
 Answer, verification, 450. 
 
 Defense to, 448. 
 
 Demurrer to, 448, 449. 
 
 Skeleton form, 447. 
 
 Verification,, 447. 
 Receiver, skeleton petition, 447. 
 Skeleton petition, 447. 
 Verification of answer, 450. 
 
 Petition, 447. 
 
 ESCROW DEED. 
 
 Form, 743. 
 
 Receipt of holder, 744. 
 
 ESTOPPEL. 
 
 Presumptions of law, 34. 
 
 ESTRAYS. 
 
 Advertisement of, 451. 
 
 Sale, 452. 
 Affidavit of owner, 453. 
 
 Counter affidavit, 454. 
 
 Taker-up, 451. 
 Appraisement, 450. 
 Bond of owner, 453. 
 Description and. appraisement, 450. 
 Notice by ordinary, 452. 
 Order of sale, 452. 
 
 EVIDENCE. 
 
 See Depositions without Com- 
 mission; Interrogatories; 
 Witnesses. 
 
 Account books, 37-40. 
 Attorney and client, communica- 
 tions between, 42, 61. 
 Best, necessity of producing, 35. 
 
 EVIDENCE Con t'd. 
 Books, account, 37-40. 
 
 Compelling production, 45-58. 
 
 Refreshing memory from, 40, 
 41. 
 
 Transcript, 56. 
 Burden of proof, 35. 
 Character of parties, 34. 
 Circumstantial evidence, definition, 
 
 32. 
 
 Competent evidence, definition, 32. 
 Conduct of parties, 34. 
 Copies, admissibility, 36. 
 Court of inquiry, subpoena in, 58. 
 Cumulative evidence, definition, 32. 
 Dates, 36. 
 
 De facto officers, 36. 
 Declarations, deceased persons, 37. 
 
 Persons in possession, 37. 
 
 Res gestae, 37. 
 Definitions, 32, 33, 35, 37. 
 Depositions: See Depositions with- 
 out Commission. 
 Direct evidence, definition, 32. 
 Estoppels, 34. 
 Failure to produce, presumption, 
 
 35. 
 
 Hearsay, 37. 
 Identity, proof of, 37. 
 Indirect evidence, definition, 32. 
 Inferences, 34. 
 Inscriptions on monuments, etc., 
 
 36. 
 
 Interpreters, evidence through, 62. 
 Interrogatories: See Interrogato- 
 ries. 
 
 Judicial notice, 33. 
 Justice court, subpoena in, 58, 62. 
 Ledgers, 40. 
 
 Mental conviction, amount re- 
 quired, 33. 
 Negative, 35. 
 Notice to produce papers, form, 47- 
 
 50, 53, 54. 
 Object of, 32. 
 Officer de facto, 36. 
 Paper in court, 45, 53. 
 
 Surreptitiously secured, 46. 
 Pedigree, 37. 
 Positive, 35. 
 Preponderance, definition, 33. 
 
 Determination, 33. 
 Presumption, failure to produce evi- 
 dence, 35. 
 
 Law and fact, 34. 
 
 Prima facie, 34. 
 
 Presumptive evidence, definition, 
 33.
 
 878 
 
 INDEX 
 
 [EEFEBBNCES ARE TO PAGES.] 
 
 EVIDENCE Cont'd. 
 
 Primary evidence, 35. 
 
 Production of books and papers, 
 
 compelling, 45-58. 
 Records, primary evidence, 36. 
 Refreshing memory from books, 
 
 40, 41. 
 
 Relevancy, 34. 
 Res gestae, 37. 
 Roster of Georgia soldiers, sailors, 
 
 and marines, 36. 
 Rules, same in all courts and cases, 
 
 33. 
 
 Secondary evidence, 35, 36, 56. 
 Stafford's office calendar, admissi- 
 
 bility, 36. 
 Stern's United States calendar, ad- 
 
 missibility, 36. 
 
 Sufficient evidence, definition, 32. 
 Transcript of books, 56. 
 Wills, primary evidence, 36. 
 Witnesses: See Witnesses. 
 Written, best evidence, 35. 
 EXAMINATION. 
 
 Witnesses, 63. 
 
 Cross-examination, 63. 
 Depositions, 73. 
 Separate, 108. 
 
 EXAMINERS. 
 Banks, report, 321. 
 EXCEPTIONS, BILL OF. 
 See Practice in Supreme Court. 
 EXCHANGE, BILLS OF. 
 See Promissory Notes and Bills of 
 Exchange. 
 
 EXECUTION. 
 
 City court, 456. 
 
 Claims by third persons: See 
 
 Claim of Title. 
 
 Clerk's fees, indorsement, 455. 
 Control by surety paying, entry by 
 
 collecting officer, 468. 
 Order of court, 469. 
 Surety against co-surety, 470. 
 Surety against principal, 469. 
 Cost execution against plaintiff, 
 
 465. 
 
 County court, 457. 
 Entry on docket, 456. 
 
 Nulla bona, 465. 
 
 Illegality, affidavit of, 140, 141, 143, 
 461, 462. 
 
 EXECUTION Cont'd. 
 Illegality Cont'd. 
 
 Amendment of affidavit, 141. 
 
 Attorney in fact filing affidavit, 
 141. 
 
 Bond, 140. 
 
 Burden of proof, 141. 
 
 Chattel mortgage fi. fa., 596, 
 642. 
 
 Damages for delay, 140. 
 
 Excessive levy as ground, 142. 
 
 Forthcoming bond, 140, 142, 
 464. 
 
 Homestead, 142. 
 
 Joining issue, 463. 
 
 Judgment, 141, 464. 
 
 Justice court, 140. 
 
 Levy to precede, 140. 
 
 Order making sheriff party, 
 462. 
 
 Return, 140. 
 
 Sale of property, 141. 
 
 Second affidavit, 143. 
 
 Traverse, 463. 
 
 Sheriff's return, 462. 
 
 Trial, 140, 141. 
 
 Trustee filing affidavit, 141. 
 
 Verdict of jury, 463. 
 Indorsements, costs and fees, 455. 
 Justice court, 459. 
 Landlord's lien, foreclosure, 601. 
 Levy, 164, 165, 460. 
 
 On land, notice, 466. 
 
 Tax fi. fa., 458. 
 
 Liens, foreclosure, 608, 610-612, 614- 
 616, 618. 
 
 Judgment setting up, 607. 
 Mortgage foreclosure, 595, 637, 640. 
 Notice of levy on land, 466. 
 Nulla bona entry, 465. 
 Perishable property, sale of, see 
 
 Sale, post. 
 Principal and security, against, 
 
 460. 
 
 Replevy bond, 459. 
 Sale of perishable property, adver- 
 tisement, 468. 
 
 Application, 467. 
 
 Notice, 467. 
 
 Order, 468. 
 
 Sheriff's fees, indorsement, 455. 
 Stay, bond, 466. 
 Superior court, 454. 
 Tax fi. fas., 458, 760, 761. 
 Witness' fees, indorsement, 456.
 
 INDEX 
 
 879 
 
 [REFERENCES ARE TO PAGES.] 
 
 EXECUTORS. 
 
 See Administrators and Executors. 
 EXEMPLIFICATIONS. 
 Records, certificate of clerk of 
 court, 363. 
 
 EXEMPTIONS. 
 
 See Homestead and Exemptions. 
 Garnishment, 146, 152, 153. 
 
 EXTRADITION OF FUGITIVES 
 
 FROM JUSTICE. 
 
 Affidavit, presence of fugitive in 
 State, 838. 
 
 Prosecutor's affidavit, 837. 
 Requisition, application for, 835, 
 
 836, 838. 
 Certificate of clerk to copy of 
 
 bill of indictment, 838. 
 Magistrate's authority, 837. 
 Rules, 833-835. 
 
 FACT. 
 
 Presumptions, definition, 34. 
 
 FAILURE OF CONSIDERATION. 
 
 Justice court, pleas, 102, 104. 
 
 Partial, plea of, 365. 
 
 Total, plea of, 364, 365. 
 
 FARM RENT NOTE. 
 
 Form, 720. 
 
 FARMERS. 
 
 Books of account as evidence, 37- 
 
 40. 
 FEES. 
 
 See Costs and Fees. 
 Counsel fees, divorce proceeding: 
 
 See Divorce and Alimony. 
 
 FELONY. 
 
 Divorce, conviction as ground, 523. 
 
 FERTILIZERS. 
 
 Illegality of contract, plea, 471. 
 
 FIERI FACIAS. 
 
 See Execution. 
 
 FILING. 
 Interrogatories, 67. 
 
 FISH. 
 
 Laws relating to, 850-858. 
 
 FORCE. 
 
 Divorce, grounds, 522. 
 
 FORCIBLE ENTRY AND DE- 
 TAINER. 
 
 Affidavit, 472. 
 
 Judgment, 474. 
 
 Jury, oath, 473. 
 
 Precept for summoning, 472. 
 Summons, 472. 
 Verdict, 474. 
 
 Justice court, jurisdiction, 87. 
 
 Precept for summoning jury, 472. 
 
 Return of sheriff, 475. 
 
 Summons to defendant, 473. 
 
 Verdict, 474. 
 
 Writ of possession, 474. 
 
 FORECLOSURE. 
 
 Landlord's lien, 600-602. 
 
 Liens: See Liens. 
 
 Mortgages, equitable foreclosure on 
 
 realty, 646-648. 
 Personalty, 640-645. 
 Realty, 635-637. 
 
 FORFEITURES. 
 
 Recognizances, 811-813. 
 
 FORMER JEOPARDY. 
 
 Plea, 821, 822. 
 
 FORTHCOMING BONDS. 
 
 Claims of title, 128, 129, 133, 134, 
 
 357, 358. 
 
 Execution sales, 165. 
 Garnishment proceedings, 480. 
 Illegality proceedings, 140, 142, 464. 
 
 FRAUD. 
 
 Divorce, grounds, 522. 
 
 FRAUDULENT DEBTORS. 
 Attachment, 292, 293. 
 
 FRIVOLOUS APPEAL. 
 Damages, 126. 
 
 FUGITIVES FROM JUSTICE. 
 Extradition: See Extradition of 
 Fugitives from Justice. 
 
 GAME. 
 
 Laws relating to, 842-850. 
 
 GARNISHMENT. 
 
 Accrual of indebtedness after serv- 
 ice of summons, 145, 146. 
 Administrators, 153. 
 Affidavits, Code sections, 144, 147. 
 
 Entry upon, 477. 
 
 Form, 154, 155, 475.
 
 880 
 
 [REFERENCES ARE TO PAGES.] 
 
 GARNISHMENT Cont'd. 
 Affidavits Cont'd. 
 
 Service of notice of traverse of 
 
 answer, 482. 
 Agent, affidavit and bond by, 144, 
 
 147. 
 
 Answer by garnishee, Code sec- 
 tions, 144-147, 151, 152. 
 Forms, 158, 159, 478. 
 Traverse, 149, 150, 160, 481. 
 Assignment of claim to defeat ex- 
 emption of wages, 152, 153. 
 Attachment, in aid of, 480-482. 
 
 Return of officer levying, 477. 
 Attorney, affidavit and bond by, 
 
 144, 147. 
 Exemption of money in hands 
 
 of, 152. 
 
 Bonds, Code sections, 144, 147. 
 Dissolution of garnishment, 
 
 148, 149, 157, 479. 
 Entry upon, 477. 
 Forms, 154, 155, 476. 
 Forthcoming, 480. 
 Claim of property, 146, 149, 150, 
 
 480. 
 Corporation, exemption of officers' 
 
 salaries, 153. 
 Notice of traverse, 150. 
 Service on, 145. 
 
 Costs, expense of answering, 159. 
 Garnishee not liable, when, 151. 
 Daily wages, answer of garnishee, 
 
 159. 
 
 Exemption, 152, 153. 
 Damages for wrongful garnishment, 
 
 152. 
 Delivery of property by garnishee, 
 
 enforcing, 151. 
 Discharge of garnishee, judgment, 
 
 163. 
 
 Dismissal, 482. 
 Dissolution, 146, 148-150, 157, 479, 
 
 483. 
 
 Entry upon bond and affidavit, 477. 
 Evidence, transfer of claim to de- 
 feat exemption of wages, 153. 
 Executors, 153. 
 Exemptions, 146, 152, 153. 
 Forthcoming bond, 480. 
 Interest, liability, 151. 
 Issuance, 144. 
 Judgment, answer of garnishee, 
 
 161, 162. 
 Bond, 148, 150, 151. 
 
 Dissolving garnishment, 
 481. 
 
 GARNISHMENT Cont'd. 
 Judgment Cont'd. 
 
 Discharge of garnishee, 163. 
 
 Indebtedness admitted, 481. 
 Jury trial, issue on traverse, 149. 
 Laborers' wages, exemption, 152. 
 
 Transfer of claim to defeat ex- 
 emption, 152, 153. 
 Legatees, 153. 
 
 Monthly wages, answer of gar- 
 nishee, 159. 
 
 Exemption, 152, 153. 
 Non-residents of county, 146-148. 
 Notice of dissolution, 157, 483. 
 
 Traverse of answer, 150, 161. 
 Officers authorized to issue, 144, 
 
 147. 
 
 Ordinary, judgment of, 146. 
 Parties, claimants, 150. 
 Partner, affidavit and bond by, 144. 
 Property subject, 145, 146. 
 Return, 144, 147, 148, 157, 477. 
 Service of notice of traverse of an- 
 swer, 150. 
 
 Summons on garnishee, 144, 
 
 145, 148, 477. 
 
 Summons, 144, 145, 147, 148, 156, 
 
 476. 
 Time for garnishee to appear, 144, 
 
 146, 147. 
 
 Of notice of traverse of an- 
 swer, 150. 
 
 Transfer of claim to defeat exemp- 
 tion of wages, 152, 153. 
 Traverse of answer of garnishee, 
 
 149, 150, 160, 481. 
 Notice to garnishee, 482. 
 Trial of issue on traverse, 149. 
 Wages, answer of garnishee, 159. 
 Exemption, 152. 
 
 Transfer of claim to defeat ex- 
 emption, 152, 153. 
 
 GENERAL ASSEMBLY. 
 
 Continuance for absence of coun- 
 sel, party or witness in attend- 
 ance on, 19. 
 
 GENERAL DEMURRERS. 
 Equitable petition, 449. 
 Indictment, 818. 
 
 GEORGIA STATE SANITARIUM. 
 
 Commitment to, 564-566. 
 
 GIFTS. 
 
 Deeds. 395.
 
 INDEX 
 
 881 
 
 [REFERENCES ARE TO PAGES.] 
 
 GOLD COIN NOTE. 
 
 Form, 716. 
 
 GOOD BEHAVIOR. 
 
 Warrant, 803, 804. 
 
 GRAND JURY. 
 
 Affidavit of defaulting juror, 587. 
 
 Oath of witness before, 586. 
 
 Plea in abatement on ground of 
 
 disqualification, 820. 
 Precept for summoning, 585. 
 Tales jurors, selection, 587. 
 Venire facias, 586. 
 
 GUARDIAN AND WARD. 
 Application for guardianship of 
 
 minor over 14, 485. 
 Minor's application, 486. 
 Order appointing guardian, 485. 
 Application for guardianship of 
 
 minor under 14, 487. 
 Citation, 487. 
 Order appointing guardian, 488. 
 
 For citation, 487. 
 Bond of guardian, 490. 
 Natural guardian, 484. 
 Relief of surety, citation, 492. 
 Order, 492. 
 Petition, 491. 
 Temporary guardian, 489. 
 Commencement of declaration or 
 
 petition, suit by guardian, 386. 
 Deeds of guardian, 400. 
 To minors, 501. 
 To purchaser at public sale, 
 
 501. 
 
 Dismission, letters of, citation, 498. 
 Order, 498. 
 
 Of citation, 497. 
 Petition, 497. 
 
 Rule absolute, 499. 
 Rule nisi, 499. 
 Petition to set aside, 498. 
 Encroachment on corpus, order, 
 
 495. 
 
 Petition, 494. 
 Final receipt, 495. 
 Insane persons: See Insanity and 
 
 Lunatics. 
 Investment of trust funds, deed to 
 
 lands invested in, 501. 
 Order, 500. 
 Petition, 500. 
 
 Letters of dismission, 497-499. 
 Guardianship, 490, 491. 
 
 GUARDIAN AND WARD Cont'd. 
 Natural guardian, bond, 484. 
 
 Petition and order thereon, 484. 
 Oath of guardian, 488. 
 
 Temporary guardian, 489. 
 Petition of natural guardian, 484. 
 
 Order thereon, 484. 
 Receipt, final, 49&. 
 Removal of .guardian, petition by 
 
 minor, 486. 
 Resignation, citation, 496. 
 
 Order accepting, 496. 
 
 Petition, 496. 
 
 Sales for reinvestment, advertise- 
 ment preliminary to petition, 
 493. 
 
 Order, 494. 
 
 Petition, 493. 
 Temporary guardian, bond, 489. 
 
 Letters, 490. 
 
 Oath, 489. 
 
 GUARDIAN AD LITEM. 
 
 Agreement to serve, 705. 
 
 Appointment, 241, 242. 
 
 Idiots, 553, 554. 
 
 Insane persons, 558. 
 
 Order appointing, 704. 
 
 Wills, probate proceedings, 783. 
 
 HABEAS CORPUS. 
 Affidavit for seizure of person de- 
 tained, 505. 
 
 Petitioner, 504. 
 
 To return of custodian, 507. 
 Common law, petition at, 503. 
 Criminal case, affidavit to answer, 
 841. 
 
 Affidavit to petition, 840. 
 
 Petition, 839. 
 
 Return to writ, 841. 
 
 Writ, 840. 
 Entry of service by citizen, 505. 
 
 By officer, 504. 
 Judgment, 508. 
 Petition, common law, 503. 
 
 Criminal case, -839. 
 Precept for arrest of body of per- 
 son detained, 506. 
 Return, affidavit, 507. 
 
 Custodian, 506. 
 Service, entry by citizen, 505. 
 
 Entry by officer, 504. 
 Witnesses in imprisonment, 59. 
 Writ, form, 504.
 
 882 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 HABERE FACIAS POSSESSION- 
 EM. 
 
 Writ, 579. 
 HABITUAL INTOXICATION. 
 
 Divorce, grounds, 524. 
 HEARSAY EVIDENCE. 
 Definition, 37. 
 HIGHWAYS. 
 See Roads. 
 
 HOMESTEAD AND EXEMPTIONS. 
 Application for Constitutional 
 homestead, affidavit to peti- 
 tion, 510. 
 Notice served by applicant, 
 
 512. 
 
 Order to survey, 511. 
 Petition, 508. 
 Schedule of property, 509. 
 
 Objection to, 510. 
 Appraisers, appointment, 514. 
 
 Return, 515. 
 Claim of title, 139. 
 County surveyor, approval of re- 
 turn, 514. 
 
 Petition for order to, 511. 
 Return, 514. 
 
 Illegality proceedings, 142. 
 Levy and sale, affidavit, 517. 
 Counter affidavit, 518. 
 Indemnifying bond, 518. 
 List of creditors, 509. 
 Mortgage, waiver in, 631, 633. 
 Notice of application to set apart 
 
 homestead, 512. 
 ' Affidavit, 512. 
 Certificate, 512. 
 Preparation of notice, affidavit, 
 
 513. 
 
 Service, affidavit, 513. 
 Order to survey, 511. 
 Petition for, 511. 
 Reinvestment, sale of homestead 
 
 for, 515, 516. 
 
 Sale of homestead for reinvest- 
 ment, confirmation, 516. 
 Order, 516. 
 Petition, 515. 
 
 Schedule of exempt property, 509, 
 
 510, 519. 
 Sheriff's entry where property was 
 
 exempted, 755. 
 Statutory homestead, affidavit of 
 
 applicant, 519. 
 Schedule, 519. 
 Waiver in note, 713, 715. 
 
 HUNTING. 
 
 Game laws, 842-850. 
 
 HUSBAND AND WIFE. 
 
 Alimony: See Divorce and Ali- 
 mony. 
 
 Divorce: See Divorce and Ali- 
 mony. 
 
 Marriage: See Marriage. 
 
 Paper belonging to wife as evi- 
 dence against husband, 46. 
 
 IDENTITY. 
 Proof of, 37. 
 
 IDIOTS. 
 
 See Insanity and Lunatics. 
 
 ILLEGAL CONSIDERATION. 
 Plea of, 366. 
 ILLEGAL CONTRACTS. 
 
 Fertilizers, plea, 471. 
 ILLEGALITIES. 
 
 Execution, affidavit of, 140, 141, 
 143, 461, 462. 
 
 Amendment of affidavit, 141. 
 
 Attorney in fact filing affidavit, 
 141. 
 
 Bond, 140. 
 
 Burden of proof, 141. 
 
 Chattel mortgage fi. fa., 596, 
 642. 
 
 Damages for delay, 140. 
 
 Excessive levy as ground, 142. 
 
 Forthcoming bond, 140, 142, 
 464. 
 
 Homestead, 142. 
 
 Joining issue, 463. 
 
 Judgment, 141, 464. 
 
 Justice court, 140. 
 
 Levy to precede, 140. 
 
 Order making sheriff party. 
 462. 
 
 Return, 140. 
 
 Sale of property, 141. 
 
 Second affidavit, 143. 
 
 Traverse, 463. 
 
 Sheriff's return, 462. 
 
 Trial, 140, 141. 
 
 Trustee filing affidavit, 141. 
 
 Verdict of jury, 463. 
 
 ILLEGITIMATE CHILDREN. 
 
 See Bastards and Bastardy. 
 
 ILLNESS. 
 
 Counsel, continuance, 20, 25, 375. 
 
 Party, continuance, 20, 23, 375.
 
 INDEX 
 
 883 
 
 [ REFERENCES ARE TO PAGES.] 
 
 IMPANELING JURY. 
 Statutory provision, 16. 
 
 IMPEACHMENT. 
 Judges, 7. 
 
 IMPRISONMENT. 
 Witnesses, habeas corpus ad testi- 
 ficandum, 59. 
 
 IN FORMA PAUPERIS. 
 
 Affidavit of inability to pay fee for 
 
 advertising execution sale of 
 
 land, 754. 
 Appeal, 274. 
 
 Certiorari proceedings, 338. 
 Chattel mortgage foreclosure, 643. 
 Claims of title, 128, 133, 357. 
 Justice court, appeal, 124. 
 Supersedeas bond, 700. 
 
 INDICTMENT. 
 
 Certificate of clerk of court to, in 
 
 extradition proceedings, 838. 
 Demurrers, 818. 
 General demurrer, 818. 
 General form, 814. 
 Misnomer, plea, 819. 
 Special demurrer, 818. 
 
 INDIRECT EVIDENCE. 
 
 Definition, 32. 
 
 INDORSEMENTS. 
 
 Executions, costs and fees, 455, 456. 
 Judgment against indorser, 580. 
 
 INFANTS. 
 
 See Guardian and Ward; Guar- 
 dian ad Litem. 
 
 Commencement of declaration or 
 petition, suit by next friend, 385. 
 Witnesses, competency, 62. 
 
 INFERENCE. 
 
 Jury may infer what, 34. 
 
 INJUNCTION. 
 
 Affidavit, 271. 
 
 Used as evidence on hearing, 
 
 545. 
 
 Bill of exceptions, 693. 
 Bond, 546. 
 Dissolution, acknowledgment of 
 
 motion, 547. 
 
 Bonds substituted for injunc- 
 tion, 548. 
 Motion, 547. 
 
 INJUNCTION Cont'd. 
 Dissolution Cont'd. 
 
 Order granting motion, 548. 
 
 Order overruling motion, 548. 
 
 Rule nisi, 547. 
 
 Interlocutory injunction after hear- 
 ing, order for, 549. 
 
 Short form, 549. 
 
 Petition, 447, 544. 
 
 Verification, 544. 
 
 Restraining order, vacation, 548. 
 Temporary, order for, 545. 
 Vacation, motion, 548. 
 Verification of petition, 544. 
 
 INSANITY AND LUNATICS. 
 Commitment of insane person, affi- 
 davit, 564. 
 
 Certificate of clerk, 565. 
 Jail, to, pending removal to 
 
 State sanitarium, 566. 
 State sanitarium, to, 566. 
 Warrant, 565. 
 Examination of capacity to manage 
 
 estate, 550. 
 
 Guardian for idiot, ad litem, ap- 
 pointment, 553, 554. 
 Affidavit as to notice, 552. 
 Commission for examination of 
 
 alleged idiot, 554. 
 Notice to relatives, 552. 
 Oath of petitioner, 552. 
 Order nisi, 553. 
 Petition, 551. 
 Return of commissioners, 556. 
 
 Order thereupon, 556. 
 Guardian for person unable to man- 
 age estate, ad litem, order for 
 appointment, 558. 
 Affidavit to petition, 557. 
 Commission, 559. 
 Examination of capacity, 550. 
 Judgment, 561. 
 Jury, affidavit, 561. 
 
 Finding, 561. 
 Notice of hearing, 560. 
 Order for commission, 559. 
 Order nisi, 558. 
 Petition, 557. 
 Revocation of guardianship, 
 
 . 562-564. 
 
 Service on alleged insane per- 
 son, 558. 
 
 Venire facias, 560. 
 Jury in lunacy proceedings, num- 
 ber, 555. 
 Oath, 555, 561.
 
 884 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 INSANITY AND LUNATICS 
 
 Cont'd. 
 
 Plea of insanity, criminal case, 823. 
 Restoration to sanity, petition for 
 
 examination, 562. 
 Revocation of guardianship, 
 
 issue, 563. 
 Judgment, 564. 
 Notice to guardian, 562. 
 Oath of jury, 563. 
 Precept for summoning 
 
 jury, 563. 
 
 Verdict of jury, 564. 
 Witnesses, competency, 62. 
 
 INSCRIPTIONS. 
 
 Monuments, etc., copies as evi- 
 dence, 36. 
 
 INSOLVENT PAPERS. 
 
 Sale by administrator, 216, 217. 
 
 INTEREST. 
 
 Garnishment proceedings, liability, 
 
 151. 
 Pleas of usury, 567, 568. 
 
 INTERLOCUTORY INJUNCTION. 
 
 Order, 549. 
 Short form, 549. 
 
 INTERPRETERS. 
 
 Evidence through, 62. 
 
 INTERROGATORIES. 
 
 See Depositions without Com- 
 mission. 
 
 Acknowledgment of filing and 
 waiver, 570. 
 
 Affidavit, arrest of witness refusing 
 to appear, 576. 
 
 Agreement to take, 65, 68. 
 
 Arrest of witness refusing to ap- 
 pear, 576. 
 
 Caption of agreement to take, 69. 
 
 Certificate of transmission, 573. 
 
 Code form, 63, 64. 
 
 Commission, 570. 
 
 Contempt, witness refusing to ap- 
 pear, 576. 
 
 Continuance for non-return, 21. 
 
 Court commissioner, return, 575. 
 
 Cross-interrogatories, 65, 67. 
 
 Entry of clerk, 570. 
 
 Filing, 67. 
 
 Forms, 63, 64, 66, 68, 69. 
 
 Instructions to guide in taking tes- 
 timony, 571. 
 
 Irregular commission, 64. 
 
 INTERROGATORIES Cont'd. 
 
 Leading questions, 65. 
 
 Mail, return of commission by, 65. 
 
 Nomination of commissioners, 572. 
 
 Notice, 64, 67, 570. 
 
 Oath of witness, 572. 
 
 Order to arrest witness refusing to 
 
 appear, 576. 
 Original, form, 569. 
 Receipt of clerk or justice of the 
 
 peace, 573. 
 Return of commissioners, 64, 65, 
 
 69, 572. 
 
 Court commissioner, 575. 
 Signature, 67. 
 
 Time for return of commissioners, 
 64. 
 
 INTOXICATION. 
 
 Divorce, grounds, 524-. 
 INTRUDERS. 
 
 See Ejectment. 
 Removal, affidavit, 577. 
 Counter affidavit, 577. 
 Joinder of issue, 578. 
 Judgment, 578. 
 
 Where issue is found 
 
 against plaintiff, 580. 
 Verdict, 578. 
 
 Writ of habere facias posses- 
 sionem, 579. 
 
 INVENTORY. 
 
 Decedent's estate, 245-248. 
 
 INVESTMENT. 
 
 Guardianship funds, 500, 501. 
 
 Trust funds, 773, 774. 
 
 JACKS. 
 
 Liens of owners, 612-614. 
 
 JEOPARDY. 
 
 Plea of former jeopardy, 821, 822. 
 
 JOINT AND SEVERAL NOTE. 
 
 Form, 719. 
 
 JOINT PARTIES. 
 
 Continuance, 30. 
 
 JUDGES. 
 
 Disqualification, clerk appoints 
 
 judge, when, 8. 
 Code section determining, 1, 6. 
 Compelling another judge to 
 
 perform duty, 4. 
 Contract prepared by judge as 
 attorney, 6.
 
 INDEX 
 
 885 
 
 [REFERENCES ARE TO PAGES.] 
 
 JUDGES Cont'd. 
 Disqualification Cont'd. 
 
 Diagram showing relationship, 
 
 .3. 
 
 Duty of judge to disqualify, 6. 
 Form, 6. 
 Impeachment, 7. 
 Judgment voidable, 4. 
 Justices of the peace, 5. 
 Mayors, 4. 
 Notaries public, 12. 
 Personal knowledge, 4. 
 Police commissioners, 5. 
 Political activity, 4. 
 Pro hac vice, form of order ap- 
 pointing, 8. 
 Selection of judge, 7. 
 Procuring services of another 
 
 judge, 7. 
 
 Relationship, counsel, 4, 9, 10. 
 Determination of degree, 2. 
 Party to cause, 11. 
 Person interested in result 
 
 of suit, 9. 
 Suggestion of, 5. 
 Transfer of suit to adjoining 
 
 justice's district, 5, 6. 
 County site, 6. 
 Waiver, 10. 
 
 Signature, clerk of court's certifi- 
 cate as to, 390. 
 
 JUDGMENTS AND DECREES. 
 
 Administrator, against, 257, 258. 
 For, 259. 
 On caveat on application for 
 
 permanent letters, 199. 
 Attachment proceedings, 290, 294. 
 Attorney for non-resident plaintiff, 
 
 582. 
 
 Auditor's report, exceptions to, 306. 
 Award of arbitrators, 278, 279. 
 Bastards, requiring appearance of 
 
 putative father, 832. 
 Requiring bond for mainte- 
 nance and education of, 831. 
 Certiorari, 343. 
 
 Claim cases, 135, 136, 359, 360. 
 Contract in writing, on, 581. 
 Costs, 385. 
 
 Against plaintiff for balance 
 
 of, 582. 
 Damages recovered less than ten 
 
 dollars, 581. 
 
 Dispossessory warrant, 427. 
 Dormancy, scire facias to revive, 
 749, 750. 
 
 JUDGMENTS AND DECREES 
 
 Cont'd. 
 Dower, 436. 
 Ejectment, 443. 
 
 Forcible entry and detainer, 474. 
 Garnishment, answer of garnishee, 
 161, 162. 
 
 .Bond, 148, 150, 151. 
 
 Discharging garnishee, 163. 
 
 Indebtedness admitted, 481. 
 Habeas corpus, 508. 
 Illegality proceedings, conclusive- 
 ness in, 141. 
 Indorser, against, 580. 
 Intruders, removal, 578, 580. 
 Justice court, 591. 
 
 Appeal, 126, 127. 
 
 Principal and surety, 596. 
 Liens, setting up, 607. 
 Lost papers, establishment, 621. 
 Lunacy proceedings, 561, 564. 
 Money verdict, on, 580. 
 Mortgages, foreclosure, 648. 
 Principal and surety, against, 580. 
 Remittitur, 701. 
 Res judicata, plea, 724. 
 Road commissioner, against, 739. 
 Trover, 769. 
 
 Unconditional contract in writing, 
 on, 581. 
 
 JUDICIAL NOTICE. 
 
 Scope, 33. 
 JUDICIAL SALES. 
 
 See Sales. 
 JURISDICTION. 
 
 Affidavit to plea, 583. 
 Claim cases, objections, 137. 
 Justices of the peace, 78, 87-93. 
 
 See Justices of the Peace. 
 Plea, 583. 
 
 Justice court, 102, 106, 584. 
 
 JURY AND JURORS. 
 
 Affidavit of defaulting juror, 587. 
 Challenge to array, 588, 825. 
 Compensation, 120. 
 Demand, city or county court, 829. 
 Diagram showing relationship, 15. 
 Disqualification, age, 16. 
 
 Relationship, affinity, 16. 
 
 Degree, 13-15, 17. 
 
 Diagram, 15. 
 Drawing, 118, 119. 
 Impartial jury, right of party to, 
 
 13, 14. 
 Lunacy proceedings, 555, 561, 563.
 
 886 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 JURY AND JURORS Cont'd. 
 Oath, 119, 826. 
 
 Justice court, 592. 
 
 Lunacy proceedings, 555, 561, 
 563. 
 
 Preliminary, 825. 
 
 Witness before grand jury, 586. 
 Objection propter defectum, 18. 
 Panels, making up, 16. 
 Precept for summoning grand 
 
 jurors, 585. 
 
 Purging, right of party, 14. 
 Questions on voir dire, 826. 
 Striking, 16. 
 Summons, city court, 753. 
 
 Court of ordinary, 753. 
 
 Justice court, 592. 
 
 Precept, 472. 
 
 Superior court, 752. 
 Tales grand jurors, order of court, 
 587. 
 
 Selection, 587. 
 Trial, claim cases, 130, 133-135. 
 
 Issue on traverse to garnishee's 
 
 answer, 149. 
 Venire facias, 586. 
 
 JUSTICES AND JUSTICE 
 COURTS. 
 
 See Judges. 
 
 Accounts, actions on: See Ac- 
 counts, Action on. 
 Appeal, abatement, plea of, 124. 
 
 Amendments, 124. 
 
 Answer, 124. 
 
 Attachment, 124. 
 
 Attorney, authority, 120, 124. 
 
 Bonds, 118, 120, 121, 125. 
 
 Certiorari or appeal, 122. 
 
 Corporation taking, 120, 125. 
 
 Costs, 126. 
 
 Damages, frivolous appeal, 126. 
 
 Dismissal of case, 120, 126. 
 
 Docket as evidence, 126. 
 
 Entry by attorney, 120, 124. 
 
 Establishment of lost papers, 
 120. 
 
 Form, 272. 
 
 In forma pauperis, 124. 
 
 Joint contractors taking, 120. 
 
 Joint defendants, 126. 
 
 Judgment, 126, 127. 
 
 Jurisdiction, 127. 
 
 Jurisdictional amount, 117, 118, 
 124. 
 
 Jury, compensation, 120. 
 Default of jurors, 119. 
 
 JUSTICES AND JUSTICE COURTS 
 
 Cont'd. 
 Appeal Cont'd. 
 
 Jury Cont'd. 
 
 Drawing, 118, 119. 
 Form, 273. 
 Oath, 119. 
 Right, 118. 
 
 Parties, 127. 
 
 Partners taking, 120. 
 
 Pleas, 117, 127. 
 
 Right of, 117. 
 
 Time, 127. 
 Authority, 107. 
 
 Bills and notes, petition in suit on, 
 96. 
 
 Plea of non est factum, 102. 
 
 Summons in suit on, 95. 
 Cause of action, what is, 93, 94. 
 Chattel mortgages, foreclosure, 641. 
 Claim cases: See Claim of Title. 
 Commencement of suits, 93-99. 
 Constables appointed by, 80-82. 
 Continuances, 22, 99, 101. 
 Contract, action for breach, 589. 
 Contradictory pleas, 103. 
 Coroner, acting as, 78. 
 Counter-affidavit in action on ac- 
 count, 98, 111, 589. 
 Criminal warrant, 800-803. 
 Damages to personalty, suit for, 
 
 590. 
 Defenses, pleading, 101. 
 
 Time to make, 100, 101. 
 Dilatory pleas, 102. 
 Disqualification, 76, 77. 
 Dockets, furnishing, 106. 
 Duties, 107. 
 Election, 75, 76. 
 
 Entry of service of summons, 591. 
 Evidence, accounts, 109. 
 Execution, advertising levy, 1C3, 
 165. 
 
 Advertising sale, 164. 
 
 Form, 164, 459. 
 
 Levy, 165. 
 
 Sale, 163-166. 
 
 Time of issuance, 163. 
 Failure of consideration, plea, 102, 
 
 104. 
 
 Fees, 382. 
 
 Foreclosure of chattel mortgage, 
 affidavits, 593, 594. 
 
 Fi. fa., 595. 
 
 In forma pauperis, 596. 
 
 Replevy bond, 595. 
 Illegality to execution, 140.
 
 INDEX 
 
 887 
 
 [REFERENCES ARE TO PAGES.] 
 
 JUSTICES AND JUSTICE COURTS 
 
 Cont'd. 
 
 Interrogatories, receipt, 573. 
 Judgment, 591. 
 
 Against principal and surety, 
 596. 
 
 Duty to render, 101. 
 
 Place of rendering, 101. 
 Jurisdiction, amount in controver- 
 sy, 87, 88. 
 
 Appeal to superior court, 117. 
 
 Bills and notes, 88. 
 
 Co-obligors, 88. 
 
 Decisions of court relating to, 
 89-93. 
 
 Ex contractu actions, 87. 
 
 Forcible entry and detainer, 87. 
 
 Limits, 78, 88. 
 
 Plea to, 102, 106, 584. 
 
 Possession of personalty, 87. 
 
 Residence of parties, 88. 
 
 Territorial limits, 78, 88. 
 Jury, appeal to, see Appeal, ante. 
 
 Oath, 592. 
 
 Summons, 592. 
 Limitation of actions, accounts, 
 
 109. 
 Lost papers, establishment, 625, 
 
 626. 
 Mule, action to recover value of, 
 
 591. 
 
 Non est factum, plea, 102. 
 Notaries public, ex officio, appoint- 
 ment, 74, 75, 662. 
 
 Commission, 75. 
 
 Dockets furnished, 106. 
 
 Malpractice in office, 74. 
 
 Number, 74. 
 
 Oath, 662. 
 
 Removal, 74. 
 
 Term of office, 74. 
 Number, 74. 
 Oath of witnesses, 108. 
 Open accounts, time to sue on, 109. 
 Payment, plea, 102, 105. 
 Petition in suit on note, 96. 
 Pleas, 102-106, 584. 
 Powers, 78. 
 Qualifications, 75. 
 Removal of suits, 78. 
 Ruling, 75. 
 Service of summons, 98, 99. 
 
 Entry of, 591. 
 Set-off, plea of, 103. 
 Sheriffs, execution of process, 99. 
 Subpoenas for witnesses, 58, 62, 592. 
 
 JUSTICES AND JUSTICE COURTS 
 
 Cont'd. 
 Summons, account, action on, 97. 
 
 Commencement of actions, 93. 
 
 Entry of service, 591. 
 
 Form, 94, 95, 97, 588. 
 
 Jury, 592. 
 
 Service, 98, 99. 
 Term of office, 74. 
 Time action considered commenced, 
 
 94. 
 Trial, continuances, 22, 99, 101. 
 
 Time, 99, 101. 
 Vacancy in office, 75. 
 Verification of account, 97, 98, 110. 
 Written pleas, necessity, 102. 
 
 JUSTIFICATION. 
 Security on recognizance, 810. 
 KNOWLEDGE. 
 
 Judge, disqualification because of 
 personal knowledge of fact, 4. 
 
 LANDLORD AND TENANT. 
 Assignment of lease, 282. 
 
 Lien, 600, 602. 
 
 City property, lease contract, 603. 
 Claim cases, 137. 
 Contract with tenant, 603. 
 Lease contract for city property, 
 
 603. 
 
 Lien of landlord, assignment, 600, 
 602. 
 
 Execution, 601. 
 
 Foreclosure, 600-602. 
 
 Note creating, 598. 
 
 Special contract creating, 599. 
 Note creating landlord's special 
 lien, 598. 
 
 Endorsement, 599. 
 
 Rent, 720, 721. 
 Supplies, lien, assignment, 600, 602. 
 
 Execution, 601. 
 
 Foreclosure, 600-602. 
 
 Special contract creating, 599. 
 Timber lease, 763. 
 Turpentine lease, 764. 
 
 LAW. 
 
 Presumptions, definition, 34. 
 
 LEADING QUESTIONS. 
 
 Interrogatories, 65. 
 
 LEASE. 
 
 See Landlord and Tenant. 
 
 LEDGERS. 
 
 Evidence, admissibility in, 40.
 
 888 
 
 [REFERENCES ARE TO PAGES.] 
 
 LEGATEES. 
 
 Garnishment, exemption, 153. 
 
 LEGISLATURE. 
 
 Continuance for absence of counsel, 
 
 party, or witness in attendance 
 
 on, 19. 
 
 LETTERS OF ADMINISTRATION. 
 See Administrators and Executors. 
 LETTERS OF GUARDIANSHIP. 
 Dismission from guardianship, 497- 
 
 499. 
 Forms, 490, 491. 
 
 LETTERS TESTAMENTARY. 
 
 Form, 785, 786. 
 
 LEVITICAL DEGREES. 
 
 Relationship, 521. 
 
 LEVY. 
 
 Particular writs. See specific heads. 
 
 LICENSES. 
 
 Fishing, 857. 
 Marriage, 522. 
 
 LIENS. 
 
 Affidavit, foreclosure of lien, 608, 
 
 610, 611, 613, 614, 616, 617. 
 Boars, owners of, 612-614. 
 Bulls, owners of, 612-614. 
 Contractors, 605, 606. 
 Declaring claim of lien on real es- 
 tate, 605, 606. 
 Execution, foreclosure of lien, 608, 
 
 610-612, 614-616, 618. 
 Judgment setting up lien, 607. 
 Foreclosure, boars, bulls, etc., lien 
 
 on, 612-614. 
 Laborer's lien, 610-612, 617, 
 
 618. 
 
 Logging liens, 614, 615. 
 Personalty, 608, 609. 
 Replevy bond, 618. 
 Steamboat liens, 616. 
 Jacks, owners of, 612-614. 
 Judgment on verdict setting up lien, 
 
 607. 
 Laborer's lien, foreclosure, 610-612, 
 
 617, 618. 
 
 Landlord, assignment, 600, 602. 
 Execution, 601. 
 Foreclosure, 600-602. 
 Note creating, 598. 
 Special contract creating, 599. 
 Materialman, 605, 606. 
 
 LIENS Cont'd. 
 
 Mechanic's, claim, 376. 
 
 Personalty, record of claim, 610. 
 
 Petition to foreclose, 376. 
 Rent note with, 721. 
 Replevy bond, foreclosure of lien, 
 618. 
 
 Sawmills, lien for logs furnished to, 
 
 614, 615. 
 
 Special lien of laborer, 611, 612. 
 Stallions, owners of, 612-614. 
 Steamboats, 616. 
 Steam mill laborer's lien on, G17, 
 
 618. 
 Verdict setting up lien, 606. 
 
 LIMITATION OF ACTIONS. 
 Account, action on, 109. 
 Plea of statute of, 620. 
 By administrator, 256. 
 
 LIS PENDENS. 
 
 Garnishment, 475-480. See Garnish- 
 ment. 
 
 Plea, 170, 619. 
 
 Submission to arbitration, 278. 
 LOAN DEEDS. 
 
 Bond to reconvey, 407, 413, 418. 
 Cancellation, 410, 417, 418. 
 Power of sale, 405. 
 Promissory note, 411. 
 LOGS. 
 
 Liens for logs furnished sawmill, 
 614, 615. 
 
 LOST PAPERS. 
 
 Affidavit to petition to establish 
 copy, 625. 
 
 Certificate of justice to copy estab- 
 lished, 626. 
 
 Deeds, establishment, oath to copy, 
 
 422. 
 
 Petition, 422, 622. 
 Rule absolute, 423. 
 Rule nisi, 423. 
 Judgment establishing office paper, 
 
 621. 
 
 Justice court, appeal of proceedings 
 to establish instrument, 120. 
 Proceedings to establish copy 
 of private paper in, 625, 626. 
 Notes, establishment, 622. 
 Oath to copy, 623. 
 Order, establishment proceedings, 
 624.
 
 INDEX 
 
 889 
 
 [REFERENCES ARK TO PAGES.] 
 
 LOST PAPERS Cont'd. 
 Petition, establishment of docu- 
 ment not an office paper, 622. 
 Establishment of office paper, 
 
 621. 
 
 Rule absolute, establishment pro- 
 ceedings, 624, 626. 
 Rule nisi, establishment proceed- 
 ings, 623, 626. 
 
 LUNATICS. 
 
 See Insanity and Lunatics. 
 MAGISTRATES. 
 
 See Justices and Justice Courts. 
 MAIL. 
 
 Commission to take testimony re- 
 turned by, 65. 
 
 MANDAMUS. 
 
 Affidavit to answer, 630. 
 
 Petition, 628. 
 Answer, 629. 
 
 E*ntry of service of process, 629. 
 Order of court, 628. 
 Petition, 627. 
 Process, 629. 
 Rule absolute, 630. 
 
 MANIFOLD COPY. 
 
 Attorney's fees on notes, notice, 178, 
 712. 
 
 MARINES. 
 
 Roster as evidence, 36. 
 
 MARRIAGE. 
 
 See Husband and Wife. 
 
 Alimony: See Divorce and Ali- 
 mony. 
 
 Certificate, 522. 
 
 Divorce: See Divorce and Alimony. 
 
 Levitical degrees of relationship, 
 521. 
 
 License, 522. 
 
 Prohibited degrees of relationship, 
 520. 
 
 MASTER AND SERVANT. 
 
 Contract between, 603. 
 
 MATERIALMEN. 
 
 Liens, 605, 606. 
 
 MAYOR. 
 
 Disqualification as judge, 4. 
 
 MECHANIC'S LIENS. 
 
 Claim, 376. 
 
 Record, 610. 
 
 Foreclosure, 376, 610-612, 617, 618. 
 
 MEMORANDA. 
 
 Refreshing memory of witnesses, 
 40, 41. 
 
 MENTAL CAPACITY. 
 See Insanity and Lunatics. 
 
 MERCHANTS. 
 
 Books of account as evidence, 37- 
 40. 
 
 MESNE PROFITS. 
 Complaint for, 438. 
 MINORS. 
 
 See Guardian and Ward; Guar- 
 dian ad Litem. 
 
 Commencement of declaration or 
 petition, suit by next friend, 385. 
 Witnesses, competency, 62. 
 
 MISNOMER. 
 Plea, criminal case, 819. 
 MISTRIAL. 
 
 Former jeopardy, plea, 822. 
 MONEY RULE. 
 Demand, 740. 
 MONUMENTS. 
 
 Inscriptions on, copies as evidence, 
 36. 
 
 MORTGAGES. 
 
 Advertisement of sale under power, 
 
 64. 
 
 Assignment, 642. 
 Chattel mortgage and note, 638. 
 
 Foreclosure, affidavit, 593, 594, 
 
 640, 644. 
 
 Bond on contest of mort- 
 gage, 645. 
 Fi fa., 595, 640. 
 Illegality to fi. fa., 596, 642. 
 Justice court, 641. 
 Pauper affidavit, 596, 643. 
 Replevy bond, 595, 643. 
 Equitable foreclosure on realty, af- 
 fidavit, 647. 
 Decree, 648. 
 Petition, 646. 
 Verdict, 648. 
 
 Fi. fa., superior court, 637. 
 Foreclosure on realty, equitable, 
 
 646-648. 
 Fi. fa., 637. 
 Petition, 635. 
 Rule absolute, 636. 
 Rule nisi, 635.
 
 890 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 MORTGAGES Confd. 
 Homestead, waiver of, 631, 633. 
 Note and chattel mortgage, 638. 
 Power of sale, 633, 645. 
 Probate for record, 632. 
 Record, clerk's entry, 633. 
 
 Probate for, 632. 
 Sale, power of, 633, 645. 
 Waiver of homestead, 631, 633. 
 MOTIONS. 
 
 Continuance, service of rule nisi, 30. 
 Injunction, dissolution, 547. 
 
 Vacation, 548. 
 New trial, 651, 653, 656, 658. 
 
 MUNICIPAL CORPORATIONS. 
 
 Demand on, before suit, 650. 
 MUTUAL ACCOUNTS. 
 Limitations, 109. 
 NE EXEAT. 
 
 Divorce and alimony proceedings, 
 541, 542. 
 
 NE UNQUES ADMINISTRATOR. 
 Plea, 254. 
 NEEL ACT. 
 
 Ejectment, petition, 445. 
 NEGATIVE EVIDENCE. 
 Weight, 35. 
 
 NEGOTIABLE INSTRUMENTS. 
 See Promissory Notes and Bills of 
 Exchange. 
 
 NEW TRIAL. 
 
 Acknowledgment of service of mo- 
 tion, 656. 
 
 Affidavit, newly discovered evi- 
 dence, 658. 
 
 Amended motion, 653. 
 Approval of motion, 656. 
 Brief of evidence, agreement of 
 
 counsel, 658. 
 Approval, 657. 
 Order enlarging time for filing, 
 
 C56. 
 
 Grounds, 652, 653. 
 Motion, 651, 653. 
 
 Acknowledgment of service, 
 
 656. 
 
 Amendment, 653. 
 Approval, 656. 
 Giving time to perfect, 653. 
 Order refusing, 658. 
 
 NEW TRIAL Con t'd. 
 Newly discovered evidence, affi- 
 davit, 658. 
 
 Order enlarging time for submit- 
 ting amendments, filing brief, 
 etc., 656. 
 Giving time to perfect motion, 
 
 653. 
 
 Refusing motion, 658. 
 Rule nisi to show cause, 652. 
 
 NEWLY DISCOVERED EVI- 
 DENCE. 
 
 New trial, affidavit, 658. 
 NEXT FRIEND. 
 
 Commencement of declaration or 
 petition, infant suing by, 385. 
 
 NON EST FACTUM. 
 
 Plea, action on note, 713. 
 Justice court, 102. 
 
 NON-RESIDENTS. 
 
 Fish laws relating to, 856. 
 
 License, 857. 
 Game license, 844, 850. 
 Garnishment, 146-148. 
 Heirs, dower, 433. 
 Judgment against attorney of non- 
 resident plaintiff, 582. 
 Process, service by publication, 705. 
 
 NONSUIT. 
 
 Non-production of papers, 52. 
 NOTARIES PUBLIC. 
 Certificate, moral character, 660. 
 Clerk of -court's certificate as to 
 authority, 389, 390. 
 
 Official character, 661. 
 Commission, 661. 
 Disqualification, 12. 
 Fees, 382. 
 
 Judge's appointment, 660. 
 Justices of the peace ex officio, ap- 
 pointment, 74, 75, 662. 
 
 Commission, 75. 
 
 Dockets furnished, 106. 
 
 Malpractice in office, 74. 
 
 Number, 74. 
 
 Oath, 662. 
 
 Removal, 74. 
 
 Term of office, 74. 
 Oath, 661. 
 
 Petition for appointment, 659. 
 NOTES. 
 
 See Promissory Notes and Bills of 
 Exchange.
 
 INDEX 
 
 891 
 
 [REFERENCES ARH TO PAGES.] 
 
 NOTICE. 
 
 Administrator, proceeding to re- 
 quire making of title under 
 bond for title of intestate, 
 205. 
 
 Sale by, 214, 215, 217, 221, 225. 
 Arbitrators, by, to parties, 277. 
 Attachment, to defendant in, 288, 
 
 289, 295. 
 Attorney's fees, manifold copy, 
 
 178, 712. 
 
 Notes, recovery, 175, 178, 712. 
 Auditors, by, 303. 
 Bastard, legitimation proceedings, 
 
 670. 
 Certiorari, exceptions to answer to 
 
 writ, 342. 
 Sanction of, 339. 
 Commission to take testimony, 64, 
 
 67. 
 
 Decedent's estate, debtors and cred- 
 itors of, 202. 
 
 Depositions, taking, 70-73, 574. 
 Dower, intention to apply for, 431. 
 
 Non-resident heirs, 433. 
 Ejectment, to appear, 442. 
 Estrays, taking up, 452. 
 Execution, levy on land, 466. 
 Garnishment, dissolution, 157, 483. 
 
 Traverse of answer, 150, 161. 
 Homestead, application for, 512. 
 
 Creditors, to, 512. 
 Idiots, guardianship proceedings, 
 
 552. 
 
 Insane persons, hearing of guar- 
 dianship proceedings, 560. 
 Interrogatories, 570. 
 Landowners, road proceedings, 728. 
 Levy on land by constable, 370. 
 Nuncupative wills, probate, 787. 
 Possessory warrant, certiorari, 679. 
 Processioning proceedings, 707. 
 Production of papers, 47-50, 53, 54. 
 Protest, 722. 
 Road overseer, 735. 
 She'riff, levy by, 402. 
 Taxpayers, to, 759. 
 Tax returns, 758. 
 
 Trust company, intention to organ- 
 ize, 318. 
 
 NOTICE TO PEODUCE PAPERS. 
 
 Acknowledgment of service, 664. 
 Affidavit to render notice available, 
 
 665. 
 
 Exculpatory affidavit, 664. 
 Form, 663. 
 
 NUL TIEL CORPORATION. 
 Plea, '379. 
 NTJLLA BONA. 
 Constables, entry by, 369. 
 Execution, entry, 465. 
 
 NUMBER. 
 
 Constables, 79. 
 Continuances, 18. 
 Justices of the peace, 74. 
 
 NUNCUPATIVE WILLS. 
 Affidavit of witnesses, 787. 
 Letters testamentary, 788. 
 Notice to heirs, 787. 
 Order of court, 788. 
 
 OATHS. 
 
 See Affidavits. 
 
 Administrators, inventory and ap- 
 praisement, 248. 
 
 Permanent, 200. 
 
 Temporary, 181. 
 Appraisers, decedent's estate, 242, 
 
 246. 
 
 Arbitrators, 276. 
 Auditors, 303. 
 Claims of title, 127. 
 Clerk of court, 360. 
 Constables, 81, 82, 84, 368. 
 Dower, commissioners to assign, 
 
 435. 
 
 Executors, 785. 
 Guardian, permanent, 488. 
 
 Temporary, 489. 
 Jurors, 119. 
 
 Criminal case, 825, -866. 
 
 Justice court, 592. 
 Lost papers, copy, 422, 623. 
 Notary public, 661. 
 
 Ex officio justice of peace, 662. 
 Tax collector, 759. 
 
 Receiver, 758. 
 Witnesses, 63, 108. 
 
 Criminal case, 826. 
 
 Depositions, 70, 73. 
 
 Grand jury, before, 586. 
 
 Interrogatories, 572. 
 
 OFFICE PAPERS. 
 
 Lost papers, establishment, 621-624. 
 
 OFFICERS. 
 
 Particular officers: See specific 
 
 heads. 
 Rules against: See Rules Against 
 
 Officers.
 
 892 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 OPEN ACCOUNTS. 
 
 See Account; Account, Action on. 
 OPEN SEASON. 
 Game, hunting, 849. 
 OPENING AND CLOSING. 
 
 Claim cases, 139. 
 
 OPTIONS. 
 
 Purchase of land, 746. 
 
 ORDERS. 
 
 Particular orders: See specific 
 heads. 
 
 ORDINARIES. 
 
 Bank charter, certificate, 313. 
 Certificate to copy, 665. 
 
 Transcript of record, 666. 
 Claim cases in courts of, 131. 
 Fees, 667-669. 
 
 Garnishment, judgment, 146. 
 Jury summons, 753. 
 Subpoena for witness, 666. 
 
 OYSTERS. 
 
 Laws relating to, 853-858. 
 
 PANEL. 
 
 Jury, making up, 16. 
 
 PARENT AND CHILD. 
 
 Adoption of child, consent of 
 
 mother, 672. 
 
 Objection by relatives, 673. 
 Order of court, 672, 673. 
 Petition, 671. 
 
 Bastards: See Bastards and Bas- 
 tardy. 
 
 PARTIES. 
 
 Absence, continuance for, 19, 20, 27. 
 
 Garnishment, 150. 
 
 Illness, continuance for, 20, 23, 375. 
 
 Joint, continuance, 30. 
 
 Justice court, appeal, 127. 
 
 Scire facias to make, 362. 
 
 Order making executor party 
 defendant, 748. 
 
 PARTITION. 
 Deed, 401. 
 
 PARTNERSHIP. 
 
 Claims of title by partner, 128. 
 Commencement of declaration or 
 
 petition, partners suing partners, 
 
 385. 
 
 PARTNERSHIP Cont'd. 
 Garnishment, affidavit and bond by 
 partner, 144. 
 
 PAUPER AFFIDAVITS. 
 See In Forma Pauperis. 
 PAYMENT. 
 
 Decedent's estate, debts, 244, 245. 
 Execution, 139. 
 Plea, 674. 
 
 Justice court, 102, 105. 
 
 PEACE WARRANT. 
 
 Affidavit, 805. 
 
 Bond, 806. 
 
 Form, 805. 
 
 Order of judge, 806. 
 
 PEDIGREE. 
 
 Proof, 37. 
 PENAL CODE. 
 
 Forms, etc., 800-858. 
 
 PERISHABLE PROPERTY. 
 
 Sale, 744-746. 
 
 Administrator, 214, 215. 
 Execution, 467, 468. 
 
 PERSONAL PROPERTY. 
 
 Mortgage: See Mortgages. 
 
 Sale by administrator, 215, 216, 230. 
 
 PETITIONS. 
 
 See Declarations or Petitions. 
 
 PLACE. 
 
 Execution, sale, 164. 
 
 PLANTERS. 
 
 Books of account as evidence, 37-40. 
 
 PLEAS. 
 
 See Answer. 
 Abatement, 169. 
 
 Criminal case, 820. 
 Accord and satisfaction, 171. 
 Autre fois acquit, 821. 
 Autre fois convict, 822.' 
 Consideration, illegality of, 366. 
 
 Partial failure, 104, 365. 
 
 Total failure, 104, 364, 365. 
 Criminal cases, 819-823. 
 Ejectment, defendant in, 443. 
 Former jeopardy, 821, 822. 
 Illegality of consideration, 366. 
 
 Contract for fertilizers, 471. 
 Insanity, 823. 
 Jurisdiction, to, 583, 584.
 
 INDEX 
 
 893 
 
 [REFEUENCES ARE TO PAGES.] 
 
 PLEAS Cont'd. 
 Justice court, 102-106. 
 
 Appeal, 117. 
 
 Limitations, statute of, 256, 620. 
 Lis pendens, 170, 619. 
 Misnomer, criminal case, 819. 
 Ne unques administrator, 254. 
 Non est factum, action on note, 713. 
 
 Justice court, 102. 
 Nul tiel corporation, 379. 
 Payment, 674. 
 Plene administravit, 255. 
 Plene administravit praeter, 255. 
 Recoupment, 751. 
 Release, 172. 
 Res judicata, 724. 
 Revocation of letters of adminis- 
 tration, 257. 
 Set-off, 751. 
 Settlement, 171. 
 Statute of limitations, 256, 620. 
 Tender, 762. 
 Usury, 567, 568. 
 
 PLEADING. 
 
 See Declarations or Petitions. 
 Amendment, continuance because 
 
 of, 19. 
 
 Answers: See Answers. 
 Demurrers, equitable petitions, 448, 
 
 449. 
 
 PLENE ADMINISTRAVIT. 
 Plea, 255. 
 
 PLENE ADMINISTRAVIT PRAE- 
 TER. 
 
 Plea, 255. 
 
 POLICE COMMISSIONERS. 
 
 Disqualification as judges, 5. 
 
 POLITICAL ACTIVITY. 
 
 Judge disqualified, 4. 
 
 POSITIVE EVIDENCE. 
 
 Weight, 35. 
 
 POSSESSION. 
 
 See Dispossessory Warrant. 
 Writs, dispossessory warrant, 427. 
 Dower, 437. 
 Ejectment, 444. 
 
 Forcible entry and detainer, 
 474. 
 
 POSSESSORY WARRANT. 
 
 Affidavit, 675. 
 
 Bond where defendant takes pos- 
 session of property, 678. 
 
 POSSESSORY WARRANT Cont'd. 
 Bond Cont'd. 
 
 Where property is turned over 
 
 to plaintiff, 677. 
 Commitment of defendant, 676. 
 Entry where property can not be 
 
 found, 676. 
 
 Judgment in reference to bond, -677. 
 Notice of intention to certiorari, 
 
 679. 
 Warrant, 676. 
 
 POWER OF ATTORNEY. 
 Deeds, execution, 391. 
 Form, 702. 
 
 POWER OF SALE. 
 
 Deed, with, 405. 
 
 Cancellation clause, 411. 
 Mortgage, in, 633, 645. 
 
 PRACTICE IN SUPREME COURT. 
 
 Bill of exceptions, acknowledgment 
 
 of service, 691, 697. 
 Clerk's certificate, 697, 698. 
 Dismissal of petition on oral 
 
 motion, 695. 
 
 Entry of time of filing, 697. 
 Exhibit, 693. 
 Identification of exhibit by 
 
 judge, 693. 
 
 Injunction proceedings, 693. 
 Judge's certificate, 690, 695. 
 Motion for new trial filed, 685. 
 Pendente lite exceptions, 696. 
 Refusal of motion for new 
 
 trial, 689. 
 Transcript of record, clerk's 
 
 certificate, 698. 
 Without motion for new trial, 
 
 691. 
 
 Certiorari rules, 684, 685. 
 Code provisions, 680-683. 
 Continuance for absence of counsel, 
 
 party or witness, 19. 
 Remittitur, judgment, 701. 
 Supersedeas, 701. 
 
 Bond, civil case, 698. 
 Criminal case, 699. 
 Pauper affidavit, 700. 
 
 PRECEPT. 
 
 Habeas corpus, arrest of body of 
 person detained, 506. 
 
 Jury in lunacy proceedings, sum- 
 moning, 563. 
 
 PREGNANCY. 
 Divorce, grounds, 523.
 
 894 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 PREPONDERANCE. 
 
 Evidence, 33. 
 PRESUMPTIONS. 
 
 Fact, 34. 
 
 Failure to produce evidence, 35. 
 
 Law, 34. 
 
 Prima facie, definition, 34. 
 
 PRESUMPTIVE EVIDENCE. 
 
 Definition, 33. 
 
 PRIMA FACIE EVIDENCE. 
 Presumption, 34. 
 
 PRIMARY EVIDENCE. 
 Definition, 35. 
 
 PRINCIPAL AND AGENT. 
 
 Garnishment, affidavit and bond by 
 agent, 144, 147. 
 
 Illegality proceedings, filing affi- 
 davit, 141. 
 
 Power of attorney, 702. 
 To execute deed, 391. 
 
 PRINCIPAL AND SURETY. 
 
 See Bonds. 
 B'xecution against, 460. 
 
 Control by surety paying, 468- 
 
 470. 
 
 Sheriff's entry where se- 
 curity desires to control, 
 757. 
 
 Judgment against, 580. 
 Note by, 719. 
 
 PRIVATE SALES. 
 
 See Sales. 
 
 PRIVILEGED COMMUNICA- 
 TIONS. 
 
 Attorney and client, 42, 61. 
 
 PRO HAC VICE. 
 
 Judges, 7, 8. 
 
 PROBATE. 
 
 Deeds, witnesses, 391. 
 Mortgage, for record, 632, 633. 
 Wills, common form, 780, 781. 
 
 Nuncupative wills, 786-788. 
 
 Solemn form, 781-784. 
 
 PROCESS AND SERVICE. 
 
 Certiorari, writ of, 339, 340. 
 Citation by clerk, 705. 
 Constables, by, 369. 
 Corporation, 704. 
 
 PROCESS AND SERVICE Con t'd. 
 
 Deposition, notice of taking, 574. 
 
 Divorce, 526, 531. 
 
 Ejectment, 442. 
 
 Entry of service, leaving copy, 703. 
 
 Minor, 704. 
 
 Personal, 703. 
 
 Publication, order, 705. 
 Form of process, 703. 
 Garnishment, notice of traverse of 
 answer, 150. 
 
 Summons, 144, 145, 148. 
 
 Return, 477. 
 
 Guardian ad litem, agreement to 
 serve, 705. 
 
 Order appointing, 704. 
 Habeas corpus, writ, 504, 505. 
 Homestead, notice of application, 
 
 513. 
 
 Justice court process, 98, 99. 
 Mandamus proceedings, 629. 
 Money rule, affidavit, 740. 
 New trial, motion for, 656. 
 Notice of legitimation proceedings, 
 670. 
 
 Levy on land, 754. 
 
 To produce papers, 664. 
 Scire facias, entry, 813. 
 Summons, justice court, 591. 
 Trover, 767. 
 
 Wills, petition and rule to compel 
 production, 790. 
 
 PROCESSIONING. 
 
 Affidavit of service of notice, 707. 
 Certificate of surveyor, 708. 
 Notice to adjoining landowners, 
 
 707. 
 
 Petition, 706. 
 Protest to return of processioners, 
 
 709. 
 Return of processioners, 708. 
 
 PRODUCTION OF PAPERS. 
 
 Compelling, for use in evidence, 45- 
 58. 
 
 PROMISSORY NOTES AND BILLS 
 OF EXCHANGE. 
 
 Affidavit, plea of non est factum, 
 
 713. 
 Attorney's fees, complaint on note 
 
 providing for, 710. 
 Manifold copy of notice for, 178, 
 712. 
 
 Notice to defendant to recover, 
 175. 178.
 
 INDEX 
 
 895 
 
 [KEFEKEXCKS ARE TO PAGES.] 
 
 PROMISSORY NOTES AND BILLS 
 OF EXCHANGE Cont'd. 
 
 Bond for title, purchase money note 
 under, 716. 
 
 Certificate of protest, 722. 
 
 Collateral note, 718. 
 
 Complaint on note providing for at- 
 torney's fees, 710. 
 
 Conditional sale note, 720. 
 
 Copy of note sued on, 175, 177. 
 
 Coupon note, real estate, 714, 715. 
 
 Credit entered on note, 719. 
 
 Decedent's estate, claim against, 
 244, 245. 
 
 Farm rent note, 720. 
 
 Gold coin note, 716. 
 
 Homestead, waiver, 713, 715. 
 
 Indorser, judgment against, 580. 
 
 Joint and several note, 719. 
 
 Justice court, jurisdiction of action 
 
 on, 88. 
 
 Petition in action on, 96. 
 Summons in action on, 95. 
 
 Landlord's special lien, creating, 
 598. 
 
 Lien, rent note with, 721. 
 
 Loan deed, 412. 
 
 Lost, establishment, 622. 
 
 Manifold copy of notice for attor- 
 ney's fees, 178, 712. 
 
 Non est factum, plea, 713. 
 
 Notice of protest, 722. 
 
 To defendant to recover attor- 
 ney's fees on note, 175, 178. 
 
 Plea of non est factum, 713. 
 
 Principal and surety, note by, 719. 
 
 Protest, certificate, 722. 
 Notice, 722. 
 
 Purchase money, reserving title, 
 
 330. 
 Under bond for title, 716. 
 
 Real estate coupon note, 714, 715. 
 
 Rent notes, 720, 721. 
 
 Title, note retaining, 717. 
 
 Waiver of homestead, 713, 715. 
 
 PROOF. 
 
 See Evidence. 
 PROTEST. 
 Certificate, 722. 
 Notice, 722. 
 Processioners' return, 709. 
 
 PUBLIC OFFICERS. 
 
 De facto, evidence, 36. 
 
 Particular officers: See specific 
 
 heads. 
 Rules against: See Rules Against 
 
 Officers. 
 
 PUBLIC REVENUE. 
 See Tax and Taxation. 
 
 PUBLIC ROADS. 
 
 See Roads. 
 
 PUBLIC SALES. 
 
 See Sales. 
 
 PUBLICATION. 
 
 Banks, affidavit, etc., of corpora- 
 tors, 313. 
 
 Divorce proceedings, service, 531. 
 Service of process, 705. 
 
 PURCHASE-MONEY. 
 
 See Sales. 
 
 Attachment for, 286-291. 
 Conditional sale note, 720. 
 Note under bond for title, 716. 
 
 PURGING. 
 
 Jury, right of party, 14. 
 
 QUALIFICATIONS. 
 
 Constables, 81. 
 
 Judges : See Judges. 
 
 Jurors: See Jury and Jurors. 
 
 Justices of the peace, 75. 
 
 QUIT CLAIM. 
 
 Deed, 394. 
 
 RAILROADS. 
 
 Commencement of declaration or 
 
 petition, suit against, 387. 
 RECEIPTS. 
 
 Escrow deed, holder, 744. 
 Fishing license, to applicant for, 
 
 857. 
 
 Guardian, 495. 
 RECEIVERS. 
 Commencement of declaration or 
 
 petition, suit by, 387. 
 Petition, 447. 
 RECOGNIZANCES. 
 Appearance of accused in court of 
 inquiry, 809. 
 
 Of accused in superior court, 
 808. 
 
 To testify in superior court, 
 
 808. 
 
 Criminal warrant, 803. 
 Forfeiture, entry of service, 813. 
 
 Rule absolute, 813. 
 
 Rule nisi, 811. 
 
 Scire facias, 812. 
 Justification of security, 810.
 
 896 
 
 INDEX 
 
 [REFEKENCES ARE TO PAGES.] 
 
 RECONVEYANCE. 
 
 Bonds to reconvey, 408, 414, 419. 
 
 RECORDS. 
 
 Copies, primary evidence, 36. 
 Exemplifications, certificate of 
 
 clerk of court, 363. 
 Mortgage, probate for record, 632, 
 
 633. 
 
 RECOUPMENT. 
 Plea, 751. 
 
 REFERENCE. 
 
 Auditors, to: See Auditors. 
 
 REFRESHING MEMORY. 
 Witness, use of books, 40, 41. 
 
 REINVESTMENT. 
 Guardianship funds, 493, 494. 
 Homestead property, 515, 516. 
 Trust funds, 773, 774. 
 
 RELATIONSHIP. 
 
 Degrees, marriage, 521. 
 Judge disqualified, 2-4, 9-11. 
 Jurors disqualified, 13-18. 
 
 RELEASE. 
 
 Plea, 172. 
 
 RELEVANCY. 
 
 Evidence, requirement, 34. 
 
 RELIGIOUS BELIEF. 
 
 Witnesses, competency affected by, 
 60. 
 
 REMITTITUR. 
 Judgment on, 701. 
 
 REMOVAL. 
 
 Administrator, 259-261, 267, 268. 
 
 Attachment, 293, 294. 
 
 Disabilities, divorce proceedings, 
 
 535-537. 
 
 Guardian, 486. 
 Intruders, 577-580. See Intruders. 
 
 REMOVAL FROM OFFICE. 
 
 Constables, 79. 
 
 Justices of the peace, 74. 
 
 REMOVAL OF ACTIONS. 
 
 Justice courts, 78. 
 
 RENT. 
 
 See Landlord and Tenant. 
 
 REPLEVY BOND. 
 
 Attachment, 296. 
 
 Chattel mortgage foreclosure, 595, 
 
 643. 
 
 Execution, 459. 
 Lien, foreclosure, 618. 
 
 REPORTS. 
 
 Auditors, 304, 305. 
 
 REQUISITIONS. 
 
 Extradition of fugitives from jus- 
 tice, 835-838. 
 
 RES GESTAE. 
 Evidence, 37. 
 RES JUDICATA. 
 Plea, 724. 
 RESIDENCE. 
 
 See Non-Residents. 
 Jurisdiction of justice court de- 
 pendent on, 88. 
 
 RESIGNATION. 
 
 Administrator, 268-270. 
 Guardian, 496. 
 
 RESTRAINING ORDER. 
 
 Vacation, 548. 
 RETURNS. 
 
 Administrators, annual return 248- 
 
 251. 
 
 Final return, 253, 254. 
 Attachment, 285, 287, 289. 
 Commission to take testimony 64, 
 
 65, 69, 572. 
 Decedent's estate, appraisers, 243, 
 
 246. 
 
 Depositions, 73. 
 Divorce proceedings, 530. 
 Dower, commissioners, 435-437 
 
 Sheriff, 437. 
 Ejectment, sheriff, 444. 
 Forcible entry and detainer, sheriff, 
 
 475. 
 Garnishment proceedings, 144 147, 
 
 148, 157, 477. 
 
 Habeas corpus, criminal case, 841. 
 Custodian of person detained, 
 
 506. 
 
 Homestead, appraisers, 515. 
 Idiots, guardianship proceedings, 
 
 556. 
 Interrogatories, commissioners, 64, 
 
 65, 69, 572. 
 
 Court commissioner, 575. 
 Processioners, 708.
 
 INDEX 
 
 897 
 
 [REFERENCES ARE TO PAGES.] 
 
 REVIEW. 
 
 See Appeal; Certiorari; Practice in 
 Supreme Court. 
 
 REVIEWERS. 
 Roads, 726, 727. 
 
 REVOCATION. 
 
 Guardianship, insane person, 562- 
 
 564. ' . 
 
 Letters of administration, plea, 257. 
 
 ROADS. 
 
 Application for new road, 725. 
 Appointment of overseer, 736. 
 
 Reviewers, 726. 
 Apportionment of road, application, 
 
 732. 
 Order granting application, 
 
 732. 
 
 Citation of ordinary, 727. 
 Complaint by citizen against com- 
 missioner, 738. 
 
 Damages, notice of trial of ques- 
 tion of, 734. 
 Oath of jury, 734. 
 Order for, 735. 
 Petition, 733. 
 Verdict of jury, 734. 
 Warrant to sheriff, 733. 
 Defaulters, commitment, 737. 
 
 Commutation tax, notice, 737. 
 Excuse of, 730. 
 Fieri facias, 731. 
 Judgment of board of commis- 
 sioners, 731. 
 List, 729. 
 Notice to, 730. 
 Oath of witnesses, 731. 
 Weekly report of overseer, 729. 
 Judgment against commissioner for 
 
 neglect of duty, 739. 
 Notice to land owners, 728. 
 
 Negligent overseer, 735. 
 Order establishing, 728. 
 Reviewers, appointment, 726. 
 
 Report, 726, 727. 
 
 Summons of ordinary to commis- 
 sioner, 739. 
 Of road hands, 729. 
 To commissioner to appear be- 
 fore grand jury, 736. 
 
 ROSTER. 
 
 Soldiers, sailors, and marines, evi- 
 dence, 36. 
 
 RULE ABSOLUTE. 
 
 Particular proceedings: See spe- 
 cific heads. 
 
 RULES AGAINST OFFICERS. 
 Affidavit, service of money rule, 740. 
 Attachment, 742. 
 
 Constable, 84, 371-373. See Con- 
 stables. 
 
 Demand, money rule, 740. 
 Justices of the peace, 75. 
 Money rule, demand, 740. 
 Rule absolute, 741. 
 Rule nisi, 741. 
 Sheriff, 741. 
 
 RULE NISI. 
 
 Particular proceedings: See spe- 
 cific heads. 
 
 SAILORS. 
 
 Roster as evidence, 36. 
 
 SALES. 
 
 Administrators: See Administra- 
 tors and Executors. 
 Attachment for purchase-money, 
 
 286-291. 
 Bills of sale of personalty, 328-330. 
 
 Sheriff, 755. 
 Conditional, note, 720. 
 Constables, by: See Constables. 
 Contract and escrow deed, 743. 
 Escrow deed, 743. 
 
 Receipt of holder, 744. 
 Estrays, 452. 
 Execution, perishable property, 467, 
 
 468. 
 Guardianship funds, reinvestment, 
 
 493, 494. 
 
 Homestead property, for reinvest- 
 ment, 515, 516. 
 Option to purchase, 746. 
 Perishable property, affidavit to pe- 
 tition to sell, 745. 
 Order, 746. 
 
 To show cause, 745. 
 Petition to sell, 744. 
 Power in mortgage, 633, 645. 
 Tax sales, 760. 
 
 Trust property, application, 773, 
 774. 
 
 SALT WATER FISH. 
 Laws relating to, 853-856. 
 
 SANCTION. 
 
 Certiorari, writ of, 338, 339.
 
 898 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 SATISFACTION. 
 Plea, 171. 
 SAW DUST. 
 
 Floating into streams, 857. 
 
 SAWMILLS. 
 
 Liens for logs furnished, 614, 615. 
 
 SCHEDULES. 
 
 Alimony, proceedings for, 530. 
 Exempt property, 509, 519. 
 
 SCIEE FACIAS. 
 
 Dormant 'judgment, order, 750. 
 
 Petition to revive, 749. 
 
 Writ, 749. K 
 
 Order making executor party de- 
 fendant, 748. 
 
 To issue, 747. 
 Parties, making, 362. 
 Recognizances, forfeiture, 812. 
 Writ, 747, 749. 
 
 SEALS. 
 
 Depositions, 71. 
 
 SEARCHES AND SEIZURES. 
 
 Affidavit, 807. 
 Warrant, 807. 
 
 SECONDARY EVIDENCE. 
 
 Admissibility, 36, 56. 
 Definition, 35. 
 Degree, 36. 
 
 SECURITY. 
 
 See Principal and Surety. 
 
 SECURITY DEEDS. 
 
 Code, under, 416. 
 Warranty deed, 405, 411. 
 
 SEPARATE EXAMINATION. 
 Witnesses, 108. 
 
 SEQUESTRATION. 
 
 Witnesses, 108. 
 
 SERVICE. 
 
 See Process and Service. 
 
 SET OFF. 
 
 Justice court, pleas, 103 
 Plea, 751. 
 
 SETTLEMENT. 
 
 Administrator, final, 261-263. 
 Plea, 171. 
 
 SHERIFFS. 
 
 Advertisement of sale of land levied 
 
 on, 754. 
 Pauper affidavit as to inability 
 
 to pay fees, 754. 
 Bill of sale, 755. 
 
 Certificate as to bailiff's services, 
 
 753. 
 
 Deeds, 403, 404. 
 Dower, return, 437. 
 Ejectment, return, 444. 
 Entry of dismissal on order of 
 
 plaintiff, 757. 
 
 Payment where security de- 
 sires to control fi. fa., 757. 
 Where property is claimed, 755. 
 Where property was exempted, 
 
 755. 
 Fees, 381. 
 
 Indorsement on execution, 455. 
 Forcible entry and detainer, return, 
 
 475. 
 
 Jury summons, city court, 753. 
 Ordinary, court of, 753. 
 Superior court, 752. 
 Justice court process, service, 99. 
 Notice of levy by, 402. 
 Pauper affidavit as to inability to 
 
 pay advertisement fees, 754. 
 Receipts, 756. 
 Rule against, 741. 
 Service of notice of levy on land, 
 
 754. 
 
 Tax deed, 404. 
 Trover, return, 767. 
 
 SHOPKEEPERS. 
 
 Books of account as evidence, 37- 
 40. 
 
 SIGNATURES. 
 
 Depositions, 70. 
 Interrogatories, 67. 
 
 SOLDIERS. 
 
 Roster as evidence, 36. 
 
 SOLICITOR GENERAL. 
 
 Response to demand for copy of ac- 
 cusation and list of witnesses, 
 817. 
 
 SPECIAL DEMURRERS. 
 
 Indictment, 818. 
 
 SPECIAL PLEAS. 
 
 Criminal cases, 819-823.
 
 INDEX 
 
 890 
 
 [REFERENCES ARE TO PAGES.] 
 
 STAFFORD'S OFFICE CALEN- 
 DAR. 
 
 Evidence, admissibility in, 36. 
 
 STALLIONS. 
 
 Liens of owners, 612-614. 
 
 STATUTE OF LIMITATIONS. 
 
 Account, action on, 109. 
 
 Plea of, 620. 
 
 By administrator, 256. 
 
 STAY. 
 
 Execution, bond, 466. 
 
 STEAMBOATS. 
 Liens, 616. 
 
 STEAM MILLS. 
 
 Laborer's lien on, 617, 618. 
 
 STERN'S UNITED STATES CAL- 
 ENDAR. 
 
 Evidence, admissibility in, 36. 
 
 STRIKING JURIES. 
 
 Right of parties or attorneys, 16. 
 
 SUBPOENAS. 
 
 Witnesses, Code sections, 58, 59. 
 
 County commissioners, 796. 
 
 Court in session, 795. 
 
 Court of inquiry, 58. 
 
 Court of ordinary, 666. 
 
 Deposition, 575. 
 
 Justice court, 58, 592. 
 
 SUBPOENA DUCES TECUM. 
 
 Depositions, 71. 
 
 Production of papers, compelling, 
 
 54-57. 
 Witnesses, 797. 
 
 SUBSCRIPTIONS. 
 Corporate stock, 347. 
 
 SUFFICIENT EVIDENCE. 
 Definition, 32. 
 
 SUGGESTION. 
 Disqualification of judge, 5. 
 
 SUMMONS. 
 
 Account, action on, 97, 173, 174. 
 Forcible entry and detainer, de- 
 fendant, 473. 
 Jury, 472. 
 
 Garnishment, 144, 145, 147, 148, 156, 
 476. 
 
 SUMMONS Cont'd. 
 Grand jurors, precept for summon- 
 ing, 585. 
 Jury, city court, 753. 
 
 Court of ordinary, 753. 
 
 Precept, 472. 
 
 Superior court, 752. 
 Justice court, account, action on, 
 97. 
 
 Commencement of action, 93. 
 
 Entry of service, 591. 
 
 Form, 94, 95, 97, 588. 
 
 Jury, 592. 
 
 Service, 98, 99. 
 Road commissioner, 736, 739. 
 
 Hands, 729. 
 
 SUPERIOR COURTS. 
 Charters, grant, 344-355. See Char- 
 ters. 
 
 Defenses in justice court same, 101. 
 Executions, 454. 
 Jury summons, 752. 
 
 SUPERSEDEAS. 
 Bond, 698-700. 
 Form, 701. 
 
 SUPPLIES. 
 
 Landlord's lien, 599-602. 
 
 SUPREME COURT. 
 
 See Practice in Supreme Court. 
 
 SURPRISE. 
 Continuance for, 28, 32. 
 
 SURVEYS. 
 
 Homestead, 514. 
 
 Processioning proceedings, certifi- 
 cate of surveyor, 708. 
 
 TAX AND TAXATION. 
 
 Deed by commissioner, 761. 
 
 Sheriff, 404. 
 Fi. fa., form, 458, 760. 
 
 Levy, 458, 760. 
 
 Return by sheriff, 760. 
 
 Sale, advertisement, 760. 
 
 Deed, 761. 
 
 Notice by collector to taxpayers, 
 759. 
 
 By receiver of tax returns, 758. 
 Oath of tax collector, 759. 
 
 Tax receiver, 758. 
 Order levying tax for county pur- 
 poses, 757. 
 Tax deed, 404, 761.
 
 900 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 TEMPORARY INJUNCTION. 
 
 Order for, 545. 
 
 TENANTS. 
 
 See Landlord and Tenant. 
 
 TENDER. 
 
 Plea, 762. 
 
 TERMS OF COURT. 
 
 Continuance beyond, 21. 
 
 TERMS OF OFFICE. 
 
 Constables, 79. 
 
 Justices of peace, 74. 
 
 TERRITORIAL LIMITS. 
 Justice court, jurisdiction, 78, 88. 
 TIMBER. 
 Lease, 763. 
 
 Saw mills, lien for logs furnished 
 to, 614, 615. 
 
 TIME. 
 
 Actions, beginning of: See Limita- 
 tion of Actions. 
 Delay, frivolous appeal, 126. 
 
 Illegality proceedings, dam- 
 ages, 140. 
 Execution, sale, 164. 
 
 TITLE. 
 
 Bonds: See Bonds for Title. 
 Claim of: See Claim of Title. 
 Heirs, making to, 238, 239. 
 Note retaining, 717. 
 
 TRANSCRIPTS. 
 
 Books, evidence, 56. 
 
 Record, ordinary's certificate, 666. 
 
 TRANSFER OF CAUSES. 
 Adjoining justice's district, 5, 6. 
 County site, 6. 
 
 TRANSMISSION. 
 Interrogatories, certificate, 573. 
 
 TRAVERSE. 
 
 Attachment, 297. 
 Certiorari, answer, 342. 
 Garnishment, answer, 149, 150, 160, 
 481, 482. 
 
 TRIAL. 
 
 Claim cases, 130, 133-135. 
 Demand by accused, 816. 
 Garnishment, issue on traverse, 149. 
 Illegality proceedings, 140, 141. 
 
 TROVER. 
 
 Alternative verdict, judgment, 769. 
 Bail affidavit, 766. 
 
 Bond, 768. 
 
 Election to take alternative ver- 
 dict, judgment, 769. 
 
 To take property, judgment, 
 
 769. 
 
 Judgment, 769. 
 Petition in action, 766. 
 Process, 767. 
 Sheriff's return, 767. 
 
 TRUSTS AND TRUSTEES. 
 
 Affidavit of trustee, sale of prop- 
 erty, 774. 
 
 Application for appointment of 
 
 trustee, 770. 
 Sale of trust property, 773, 774. 
 
 Bond of trustee, 772. 
 
 Consent of beneficiaries to appoint- 
 ment of trustee, 771. 
 
 Deeds, 401. 
 
 Illegality proceedings, filing affi- 
 davit, 141. 
 
 Order appointing trustee, 772. 
 
 Reinvestment of trust funds, ap- 
 plication, 773, 774. 
 
 TRUST COMPANIES. 
 
 Affidavit of subscribers to stock, 
 
 320. 
 
 Application for charter, 318. 
 Notice of intention to organize, 318. 
 
 TURPENTINE. 
 Lease, 764. 
 
 USURY. 
 
 Pleas, 567, 568. 
 
 VACANCIES IN OFFICE. 
 
 Constables, 79. 
 
 Justices of the peace, 75. 
 
 VACATION. 
 
 Injunction, motion, 548. 
 Restraining order, 548. 
 
 VENDOR AND PURCHASER. 
 
 See Sales. 
 
 VENIRE FACIAS. 
 Grand jury, 586. 
 
 VERDICT. 
 
 Alternative, judgment in trover, 
 769.
 
 INDEX 
 
 901 
 
 [REFERENCES ARE TO PAGES.] 
 
 VERDICT Con t'd. 
 City or county court, 829. 
 Claim cases, 135, 359. 
 Criminal case, 826. 
 Dispossessory warrant, 427. 
 Divorce proceedings, 533, 534. 
 Ejectment, 443. 
 
 Forcible entry and detainer, 474. 
 Intruders, removal, 578. 
 Liens, setting up, 606. 
 Lunacy proceedings, 561, 564. 
 Money, judgment on, 580. 
 Mortgages, foreclosure, 648. 
 
 VERIFICATION. 
 See Affidavits. 
 
 VOIR DIRE. 
 
 Questions to jurors, 826. 
 
 WAGES. 
 
 Garnishment, exemption, 152, 153. 
 
 WAIVER. 
 
 Accusation in city or county court, 
 
 829. 
 
 Arraignment, 824. 
 Homestead, in mortgage, 631, 633. 
 
 In note, 713, 715. 
 Interrogatories, notice, 570. 
 Judges, disqualification of, 10. 
 
 WALLS. 
 
 Inscriptions on, copies as evidence, 
 36. 
 
 WARRANT. 
 
 See Dispossessory Warrant; 
 Distress Warrant; Possessory 
 Warrant. 
 Bastardy, affidavit, 830. 
 
 Form, 830. 
 Bench, bond, 827. 
 
 Entry of arrest, 828. 
 
 Form, 827. 
 
 Criminal warrant in justice court, 
 affidavit, 800. 
 
 Commitment, 801. 
 
 Constable's return, 801. 
 
 Form, 800. 
 
 Order of commitment, 801. 
 
 Recognizance, 803. 
 Good behavior, affidavit, 803. 
 
 Bond, 804. 
 
 Entry of arrest, 804. 
 
 Form, 804. 
 Insane person, commitment, 565. 
 
 WARRANT Con t'd. 
 Peace, affidavit, 805. 
 
 Bond, 806. 
 
 Form, 805. 
 
 Order of judge, 806. 
 Search, affidavit, 807. 
 
 Form, 807. 
 
 WARRANTY DEEDS. 
 
 Forms, 392, 393. 
 
 Loans, to secure, 405, 411. 
 
 WIDOWS. 
 
 Dower: See Dower. 
 
 WILD LANDS. 
 
 Sale by administrator, 225-227, 399. 
 
 WILLS. 
 
 See Administrators and E'xecu- 
 
 tors. 
 
 Attestation, 775, 777, 779. 
 Codicil, 779. 
 Forms, 775-779, 786. 
 Letters testamentary, 785, 788. 
 Nuncupative will, 786. 
 
 Affidavit of witnesses, 787. 
 Letters testamentary, 788. 
 Notice to heirs, 787. 
 Order of court, 788. 
 Oath of executor, 785. 
 Primary evidence, 36. 
 Probate in common form, affidavit 
 of subscribing witness, 780. 
 Order, 781. 
 Petition, 780. 
 
 Probate, nuncupative will, 786-788. 
 Probate in solemn form, caveat, 
 
 784. 
 
 Citation, 783. 
 Guardian ad litem, 783. 
 Order, 784. 
 
 Directing citation to issue, 
 
 782 
 
 Petition, 781. 
 
 Production, petition to compel, 789. 
 Rule absolute, 790. 
 Rule nisi, 790. 
 Service of petition and rule, 
 
 790. 
 
 Short form, 775. 
 
 Temporary administration pending 
 appeal on propounded will, 183. 
 
 WITHDRAWAL. 
 
 Claim, 130. 
 
 Fi. fa., claim case, 131.
 
 902 
 
 INDEX 
 
 [REFERENCES ARE TO PAGES.] 
 
 WITNESSES. 
 
 See Depositions without Com- 
 mission; Evidence; Interrog- 
 atories. 
 
 Absence, continuance for, 19, 20, 
 25, 44, 374. 
 
 Adultery, competency of witnesses, 
 61. 
 
 Affidavit as to attendance, 795. 
 
 Continuance for absence, 374. 
 
 Affirmation, 63. 
 
 Arrest, freedom from, 60. 
 
 Attachment to compel attendance, 
 59, 74. 
 
 Breach of marriage promise, com- 
 petency of witnesses, 61. 
 
 Competency, 60-62. 
 
 Continuance for absence, 19, 20, 25, 
 44, 374. 
 
 Cross-examination, 63. 
 
 Deeds, probate, 391. 
 
 Demand for list, by accused, 817. 
 
 Depositions: See Depositions with- 
 out Commission. 
 
 Drunkards, competency as wit- 
 nesses, 62. 
 
 Examination, 63. 
 Separate, 108. 
 
 Fees, 59, 60, 62. 
 
 After continuance, 21. 
 Excessive claim, 59. 
 Indorsement on execution, 456. 
 
 Habeas corpus ad testificandum, 
 imprisoned witnesses, 59. 
 
 Idiots, competency as witnesses, 62. 
 
 Infants, competency as witnesses, 
 62. 
 
 Insane persons, competency as wit- 
 nesses, 62. 
 
 Interrogatories: See Interroga- 
 tories. 
 
 Lunatics, competency as witnesses, 
 62. 
 
 Nuncupative wills, affidavit, 787. 
 
 Oaths, 63, 108. 
 
 Criminal case, 826. 
 Grand jury, before, 586. 
 
 Recognizance to compel appear- 
 ance to testify, 808. 
 
 Religious beliefs of witnesses, 60. 
 
 WITNESSES Cont'd. 
 
 Rule against defaulting witnesses, 
 
 797, 798. 
 
 Separate examination, 108. 
 Service of subpoena, 59. 
 Subpoenas, Code sections, 58, 59. 
 
 County commissioners, 796. 
 
 Court in session, 795. 
 
 Court of inquiry, 58. 
 
 Court of ordinary, 666. 
 
 Deposition, 575. 
 
 Duces tecum, 797. 
 Depositions, 71. 
 Production of papers, com- 
 pelling, 54-57. 
 
 Justice court, 58, 592. 
 
 Service, 59. 
 
 Women witnesses, 44. 
 Treatment, 63. 
 Wills, 775, 777, 779. 
 
 WOMEN. 
 
 Witnesses, subpoenaing, 44. 
 
 WHITS. 
 
 Attachment: See Attachment. 
 Certiorari: See Certiorari. 
 Dower, admeasurement, 434. 
 Habeas corpus, 829-841. See Habeas 
 
 Corpus. 
 
 Habere facias possessionem, 579. 
 Injunction: See Injunction. 
 Mandamus: See Mandamus. 
 Ne exeat, divorce and alimony pro- 
 ceedings, 541, 542. 
 Possession, dispossessory warrant, 
 
 427. 
 
 Dower, 437. 
 Ejectment, 444. 
 Forcible entry and detainer, 
 
 474. 
 
 Scire facias, 747-750. See Scire 
 Facias. 
 
 WRITTEN INSTRUMENTS. 
 Best evidence, 35. 
 
 YEAR'S SUPPORT. 
 Decedent's 'family, 232-235. See 
 Administrators and Executors.
 
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