The Newhampshire gazetteer — Exeter, N.H., 1792-05-23 00:00:00, page 1

G. 1 The State of Neur-Hamplhire.
X ^
For the appointment of special
justices.
Faffed June 26, 1786.
Whereas it (cmetimes happens, that feme
of the landing jnftices of the superior
or injeriour court, in this fate, are
iridifpofed, interefled,.or otheravife in
competent to ty caujes, ^bich ma,
come, or be before them ; *in nxbich
cases fpecialjufices are neceffar, to
expedite the due adminifration of
justice :
Therefore,,
BE it ena3ed by the Senate and House
of Representatives in General Court
convened, That in either of the cases
above mentioned,upon the applicati
on and request of either party interest
ed in the fait,or the fuggefliop of the
justices of the court before whom such
suit is pending,or may come, his Ex
cellency the President, with advice of
council, be, and hereby is authorized
and empowered to appoint a special
justice or justices, as occasion m,y re
quire, who Shall be duly commissioned
and sworn and shall take cognizance
es, and tty all causes which either of
the landing justices are incompetent
to try. And the said commission Shall
be in force tihtil the cause or causes,
EXE TER, (Ne^-Hampfoire) Printed and Published by HENRY RANLET, at Nine Shillings per annum.
Newhampfhire
before said special justice or justices
are determined, and no longer ; any
law, custom, or usage to the contrary
notwithstanding.
fic| The State of New-Hamplhire.
CTthe feeriff of an, count, in this state,
or his deputy, Greeting.
We command you to attach the
goods or estate of A.B. of, (addition)
to the value of poundstand for
want thereof cd take the body of the
said A.B. (if he may be found in your
precind,) and him fafely keep, so
that you have him before our justices
©four court of to be
Maiden at withih and for our
Aid county of on the Tuef
day of then and there in dur said
court to answer to C.D. of H.&c. (ad
dition) in a plea of
to the damage of the said C,D. as he
faith, the sum of pounds, which
Shall then and thete be made to ap
pear, with other due damages, and
have you there this writ, with your
doings therein. Witness R.W. Es
quire, at P. the day of
Anno Domini R.G. Clerk.
SUMMONS
LAWS of the
STATE of Newhampshire.
Prescribing the forms of writs in
civil caufes^
Passed Feb. n, 1791.
BE it enaaed b, the Senate and H=~A
of Representatives inGeneral Court
convened. That in the cases following,
tliefe forms (hall be used
ATTACHMENT
WEDNESDAY, May 23, 1791.1
An ACT
An ACT
pounds, for security to fatisfy the
judgment, which the laid P. Q may
recover upon the aforefaid trial. Fail
not of appearance at your peril. Wit
ness R. W. Esquire, at P. the
day of Anno Domini
R. G. Clerk.
EXECUTION
fs.] The State of New-Hampshire.
To the ferif of an, count, in this fate,
or bis deputy, Gre ting.
Whereas R. Y. of K. (addition) by
the consideration of ourjuftices of our
court of holden at P. for
and within our county of afore
faid, on the Tuefday of
recovered judgment against D.H. ofß.
(addition) for the fora of
debt or
damages, and cost of suit,
as (tout it appears of record, whereof
execution remains to be done : We
commana&r^xgrefore, that of the
gopdsChattels or landhfthe said D.
H. (within your precinft,) you caefe
to be paid and fatisfied unto the said
R. Y. at the value thereof in money,
the aforefaid firms being
in the whole; with
more for this writ ; and thereof to fa
tisfy yOurfelf for your own fees i And
for want of goods, chttels or lands of
the said D. H. to be by him ffiewn
unto you, or found within your pre
cinft, to the acceptance of the said f.
Y. to fatisfy the funis aforefaid, ^
command you to take the body of the
said D. H. and him commit unto ei
ther of our goals within our precinct,
and detain in ydur custody within our
said goal, until he pay the full sums
above mentioned, with your fees, or
that he be difchatged by the said R.Y.
the creditor, br btherwife by order of
law. Heredf fail not, and make re
turn of this writ, with ,our doings
therein, unto our said court of
to be holden at P. in our tounty of
aforefaid upon the
Tuefday of N hefati
Witness R. W.Efqufrb, at P. the
day of Arino Domini
R. G. Cleft
2. And be it further enaaed. That
the writ for putting such into possessi
on of any lands or tenements as flhall
recover judgment for the fame,and for
levying cost and damages recovered
on the Tuefday of then
and there to answer to P. Q. of R.
(addition) in a plea of which
plea the said P. Q hath commenced
against you to be heard and tried at
the said court, and your goods or cl
tate are attached to the value of
To the feeriff of an, count, in this ftft,
or bis deputy, - Greeting.
We command you, that you. sum
mon A.B. of C. &c. (addition) if he
may be found in your precinft, to ap
pear before our justices of our
court of to be holden at P.
with other due damages ; and have
you there this writ, with your doings
therein. Witness R. W. Esquire, at
P. the day Os
Anno Domini R. G. Clerk
SUMMONS WHEN GOODS ARE
We command you, that you appear
at our court of to be holden
at P. in our said county of
fs. IThe1 The State of New-Hampshire.
To A. B. of P. &c. (addition)
Greeting.
ATTACHED.
THE
upon such fat, commonly called a
writ of facias habere psffffionem, and
writs of fieri facias, as allo the wri of
Jcire facias to be issued out of the su
perior-court or court of common- pleas
refpeaively :and the writ of replevin,
Shall be from time to time granted
and issued in the forms following
(viz)
WRIT OF FACIAS HABERE POS
SEESIONEM, AND FIERI FA
CIAS.•
fs.^The State of New. Hampshire.
To the foeriff of an, count, in this fate,
or bis deputy. Greeting,
Whereas A. B. of C.(addition) be
fore our jnftices of our court of
holden at P. within and for
our bounty of aforefaid, upon the
Tuefday of by the
confederation of the jnftices of our said
court, recovered judgment for, and ti
tle and' possession of, and in a certain
with the appurte
nances &c. lying and being in the
town of C. against D. H. of G. (ad
dition) who had unjustly withheld, put
out Ot amoved the said A. B.from his
possession thereof, and also at the said
court recovered.judgment for
for costs and dameges which
he fuflained by reason of the fame, as
to us it hath been made to appear of
record. We command you therefore,
that without delay you cause the said
A. B. to have possession of and in the
said &c. We also
command you that of the goods, chat
tels or lands of the said D H. within
your precinct, at the value thereof in
money, you cause the said A. B. to be
paid and fatisfied the aforefaid sum of
which to the said
A. B. was judged for his cost and da
mages and more for this writ ;
and thereof also to fatisfy yourfelf for
your own fees : And for want of such
goods, chattel, or lands of the laid
D. H+ to be by him (hewn unto you,
or found within your precinft, to the
acceptance of the said A. B. to fatisfy
the aforefaid sums, we command you
to take the body of the said D. H.
and him commit to bur goal in P.and
detain in your custody within our said
goal until he pay the full sum above
mentioned, with your fees, or that he
be discharged by the said A. B. or o
therwise by order of law. Hereof
fail not, and make return of this writ
with your doings therein, unto our
said court of to be holden at P.
upon the day of next,
Witness R. W. Esquire, at P. the
day of Anno Domini
R. G. C/erA
WRIT OF SCIRE FACIAS
ft. I The State of New-Hampshire.
fi the fariff of art, county in this fate,
er bis deputy Gree ring.
Whereas A. B. of P. (abdition)
before our jufticea of our court of
holden for and within our county of
at P. on the day of
by the confederation of our said justi
ces, recovered against C. D. of E.
(addition)the sum of debt or
within and for our said county of
on the Tuefday of then
to the damage of the said H. G as he
faith, the fam of pounds,which
ffiall then and there be made to appear
and there in bur said court to answer to
H.G. of S. (addition) in a plea of
Gazetteer.
. [Nurn D.%7'OW olume 6:
damages, and also cell and
charges by him about his suit in that
Behalf expended, whereof the said C,
D. is convift, as to us appears of
record : and although judgment be
thereof rendered, yet the execution
for rhe said debt or damage, and cost
doth yet remain to be made ; whereof
the fa : d A. B. hath supplicated us to
provide a remedy for him irethat be
half : Now to the end that justice may
be done, we command you that you
make known to the said C. D. that he
appear before cur justices of our said
court of to be holden for
and within our said county of
at P. on the Tuefday of
to Shew cause, if any be have, where
fore the said A. B. ought not to have
his execution against him the said C.
D for his debt or damage and cbft a
forefaid ; and further to do and receive
that which our said court shall then
confider; and have you there then this
writ with your doings therein. Hereof
fail not. Witness R. W. Efqnire, at
P. the day of Anno Domini
R. G. Clerk.
WRIT OF REPLEVIN
fs.The State of New-Hampshire.
To the Jberif of our count, of or bis
dep ty, or confables of the tc=wn of
P, in the said count,, or to an, or ei
ther of thin, Greeting.
We command you to replevie
belonging unto T. P. of C. (ad
dition) now diftrained, orimpounded
by D. K. of P. (addition) and deli
ver the said unto the laid T. P.
provided he give bond to the value of
pounds,with Sufficient Surety or
sureties to prosecute his replevin at
the next court of to be
holden at D. for the county of
aforefaid, on the day of
and so from court to court until the
cause be ended ; and to pay such cost
and damages as the said D. K. shall
recover against him. And we com- „
mand you to Summon the said D. K.•
if he mav be found within your pre
cinft, to appear before our justices of
our court of to be holden
at within and for our said county
of on the Tuefday of
then and there in our said court to
answer to the said T. P. in a plea of
replevin
(Here inJert the declaration.)
To the damage of the said T. P. as he
faith, the sum of pounds, as Ihall
then and there be made to appear,with
other due damages. Hereof fail not,
and make return of this writ with your
doings therein. Witnefs,R B Esquire
at the day of Anno Domini
R. G. Clerk.
And the like form of fare facias and
replevin to be observed for matters
cognizable before a justice of peace,
mutatis mutandis.
3. And be it further enade.?, That
the several forms of writs and proces
ses here under-written, Ihall be, and
hereby are established to be the forms
to be granted and ®fed in civil causes,
triable before a joftice of the peace :
(to wit.)
SUMMONS FOR APPEARANCE:
Store of ,iTo the fariff of the
New Hampshire. > laid count, of
fs. J bis deputy, or to ei
ther of the confables of the tovsn of P.
in said county. Greeting.
In the name of the State of New-
Hampshire, you are required to fum
man S, H. of P. aforefaid (addition)