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the decision of the court, or Avill pay the value thereof, and of the
fruits, hire or revenue of the same, in case he shall be condemned
so to do.

Witness our hands this day of ^ A. D. IS — .



Approved this day of , A. D. 18 — .



CD.

M. K
O. P.



J. D.,

Sheriff of County.

Condition of Bond ivliere the Property is Real Estate.

Follow the preceding Form to * and proceed: Conditioned that
the said C. D. will not injure said property, and that he will pay
the value of the rents of the same in case he should be condemned
so to do.

The replevy bond must be returned with the writ into court. R S. 4876.
When both real and personal property is seized, the bond must be conditioned
4



50 SEQUESTRATION.

SO as to cover both species of property. 2 Tex. Civ. Prac, § 867, and note 3 ors
p. 863.

In suits for the enforcement of a mortgage or lien upon property, the defend-
ant, should he replevy, is not required to account for the fruits, hire, revenue-
or rent of the property; but this exemption does not apply to the plaintiff if he
replevies. R. S. 4883.

No. 71.
Meplevy Bond "by the Plaintiff in Sequestration.



In the Court, County.

Whereas, by virtue of a writ of sequestration, issued out of the
court in and for the county of , against C. D. at the suit of




A. B., bearing date the day of , A. D. 18 — ,

sheriff of the county of , has taken the following property

found in the possession of said C. D. {^here insert a description and
the value of the property], and said property having been delivered
by said officer to A. B., plaintiff in said suit: !N"ow, therefore, we,
A. B. as principal, and M. N. and O. P. as sureties, acknowledge

ourselves bound to pay to C. D. aforesaid the sum of dollars^

[double the value of the property sequestered], conditioned that said
property, together with the value of the hire, fruits, revenue and
rent thereof, shall be forthcoming to abide the decision of the
court.

Witness our hands this day of , A. D. 18 — .

A. B.
M.N.
O. P.

Approved this day of jA. D. 18 — .

J. D.,
Sheriff of County.

If the defendant, his agent or attorney, is present in the county at the time
of the levy, he must replevy within ten days after tlie levy; if absent, within
twenty days. If he fails, the plaintiff may replevy. R. S. 4880.

Where property is ordered to be sold, either party may replevy at any time
before the sale. R. S. 4883,

Plaintiff's replevy bond must be returned with the writ. R. S. 4881.

No. 72.

Ap])lication for Sale of Perish al)Ie Property Seised Under a Writ

of Sequestration.
A. B. )

Ko. — . V. [ In the Court, County.

CD. )
Now comes A. B., plaintiff in the above-entitled cause [or C. D.y
the defendanf\ and makes application for a sale of the following
property, seized by the sheriff of county on the day of



SEQUESTKATION. ■"» 1

, A. D. IS — , under a writ of sequestration issued in said cause,

to wit [describe the property'] ; and, being duly sworn, says tliat said
property has not been replevied, but remains in the hands of said
sheriff, and that said property [or some p>art thereof^ to he specified^
is likely to be wasted [or destroyed^ or greatly depreciated in value]
by keeping; that the debt sued for in said suit became due, etc. [if
not diie^ so state]. A. B.

Sworn to and subscribed before me this day of , A. D.

18—. W. F.,

Clerk of Court, County.

I certify that the above affidavit is true.

J. D.,
Sheriff of County.

Order of Judge.

The State of Texas, ) In Chambers, this the day of ,

County of . f A. D. 18—.

Having read and considered the foregoing affidavit and certifi-
cate, it is ordered that the sheriff of county proceed to sell

the property described in said affidavit as under execution, and that
he make due return thereof according to law, pursuant to an order
of sale to be issued. [If the suit was hrought for a demand not
yet due: and as it appears that said suit was brought for a demand
not yet due, it is further ordered that a credit be given to the pur-
chaser at the sale until said demand becomes due, to wit, the

day of , A. D. 18—.] G. H.,

Judge of the Court of, etc.



No. 73.

Order of Sale of Property Seized Under Writ of Sequestration.

The State of Texas, To the Sheriff of County., Greeting:

"Whereas, A. B. has applied to our court within and for the

county of [or to the judge in vacation] for and obtained an

order to sell certain property seized by you under and by virtue of
a writ of sequestration issued out of said court, in a certain cause
wherein A. B. is plaintiff and C. D. is defendant, the said property
being described as follows, to wit [describe the property] : Xow,
therefore, you are commanded to sell said property as under exe-
cution, first giving ten days' notice of the time and place of sale,
according to the statute in such case made and provided.

[If the suit is for a demand not due: You are further commanded
to make said sale on credit, until the day of , 18 — , tak-
ing a bond from the purchaser, with two or more good and suffi-
cient sureties, payable to you as slieriff of county, in the sum

of dollars [jiot less than double the amount of the purchase-
money]., conditioned that such purchaser shall pay the purchase-
money at the expiration of the time given.]



52 SEQUESTEATION.

Herein fail not, and within five days after making such sale j'-ou
will pay the proceeds of the same to the clerk of our said court [or
'return the hond of the j^ur chaser, as the case may he\ and have you
then and there this writ, with your return thereon showing how
you have executed the same.

Witness , clerk of the court of county.

Given under my hand and the seal of said court, at office in the

town of , this the day of , A. D. 18 — .

. [Z. 8.-] ' W. F.,

Clerk of Court, County.

Issued this da}^ of , A. D. IS — .

W. R,
Clerk of — Court, County.

Sheriff's Beturn.

Came to hand on the day of , A. D. 18 — , at o'clock

— M., and executed by selling the following described property, to

wit [descrihe the 'property\ on the day of , A. D. 18—, at

the court-house door of the county of , first having given no-
tice of the time and place of said sale for ten days successively, by
posting written notices at three public places in said county, one of '
which was at the court-house door of said county ; at which sale
said property was struck off to for the sum of dol-
lars, he being the highest bidder therefor, and I herewith return the

proceeds of said sale, to wit, the sum of dollars \or the hond of

the ;purchaser'\ into court. J. D.,

Sheriff of County.



No. 74.

Bond ofPurcJiaser of Property Seised Under a Writ of Sequestra-
tion.
A. B. )

■TTo. — . V, >- In the Court, County.

CD.)

Whereas, by virtue of an order of sale issued out of the

court of county, in a certain cause pending in said court

wherein A. B. is plaintiff and C. D. is defendant, the following

property \_here inse?'t a description of the property^ seized by

, sheriff of county, by virtue of a writ of sequestration

issued in said cause, was on the day of , A. D. 18 — , sold

by said sheriff on a credit until the day of , A. D. 18 —

[Jiere insert the time when the plaintiff'' s right of action accrues\ to

E. F., for the sum of dollars: Now, therefore, we, E. F. as

principal, and M. N. and O. P. as sureties, acknowledge ourselves

bound to pay to the sheriff of county the sum of dollars

[douhle the amount of the p\irchase-money\ conditioned that the said



INJUNCTION. 53

E. F. shall ]iay said purchase-money at the expiration of the time

given, to wit, on the day of , A. D. 18 — .

E. F.
M.N.
O. P.

Approved this day of , A. D. 18 — .

J. D,
Sheriff of County.

The above bond must be returned with the order and filed with the papers
of the cause. If the money is not paid at the expiration of the time given, judg-
ment may be entered against all the obligors. R. S. 4888.



No. 75.
Affidavit for Injunction and Fiat

An injunction is granted on application by petition, verified by the affidavit
of the petitioner. When the writ is applied for after final hearing, the petition
need not, as a general rule, be sworn to. 2 Tex. Civ. Prac, § 908; R. S. 2993.

The judge, in granting the writ, indorses on or annexes to the petition his
order, directed to the clerk of the proper court. R. S. 2993. He may require
notice to be given to the adverse party in such manner as he may direct, and
fix a time and place for the hearing of the application; and where the writ is
granted after notice, citation to the defendant is not necessary. R. S. 2994, 3005.

Order of Judge.

The State oe Texas, ] At Chambers, this day of , A. D.

County of . f 18—.

It is ordered that the clerk of the court of count}^ issue

a writ of injunction in all things as prayed for in the Avithin petition
[or upon stick terms and under such modijications, liniitations and
restrictions as may he spec7fied\ upon the complainant executing to
the adverse party a bond, with two or more good and sufficient sure-
ties, in the sum of dollars \to he fixed h>j the jiidtje^ douhle the

amount of any money judgment or deht the execution or collection of
which is sought to he restrained]^ conditioned as the law requires.

Witness mv hand this day of , A. D. 18 — .

G. H.,
Judge of Court, County.

No. 76.

Injunction Bond.

In the Court, County.

Know all men by these presents, that we, A. B. as principal, and
M. N. and O. P. as sureties, do hereby acknowledge ourselves bound




54 INJUNCTION.

to pay to C. D. the sum of dollars \ihe amount fixed 'by the

order of the judge], conditioned that A. B., plaintiff in said suit, will
abide the decision which may be made therein, and pay all sums of
money and costs that may be adjudged against him, if the injunc-
tion granted in said suit be dissolved, either in whole or in part.

AVitness our hands this da\'- of , A. D. 18 — .

A. B.
M. ]N".
O. P.

Approved this day of , A. D. 18 — •.

W. F.,
Clerk of Court, County.



If the state is complainant, no bond is required. R. S. 2997.

No. 77.
Writ of Injunction.

The State of Texas, To C. D., Greeting:

Whereas, A. B. filed his petition in the court of — —county,

on the day of — — , A. D. IS — , in a suit numbered on

the docket of said court, wherein A. B. is plaintiff and C. D. is de-
fendant, alleging [state the nature of the jdoAntiff's application, and
the action of ^the judge thereon] ; and whereas the said A. B. has exe-
cuted and filed with the clerk of said court a bond in the sum of

dollars, payable and conditioned as required by law and the

order of the judge:* You are therefore commanded \]iere insert the
command to desist and refrain from the commission of the act enjoined,
as alleged in the petition, and as modified and restricted by the judge],

until the further order of said court,t to be holden within and

for the county of , at the court-house thereof in , on the

Monday in -^ — , 18 — , being the day of , A. D. 18 — , when

and where this writ is returnable.

Witness , clerk of the court of county.

Given under my hand and the seal of said court, at office in ,

this day of , A. D. 18—.

[Z. ^.] W. F.,

Clerfc of Court, County.

Issued this dav of , A. D. 18 — .

W. F.,
Clerk of Court, County.

To Stay Waate.

\_As in tlie preceding Form to *, and then proceed:] You are
hereby commanded to desist and refrain from felling, cutting down
or removing any timber or other trees standing, growing or being
in or upon the premises above described; and from committing or
doing any other or further waste or spoil in or upon the said prem-



INJUNCTION. 55

ises or any part thereof, until the further order of said court, etc.
[as in preceding Foriin from f to conclasion.'\

A citation must issue to the defendant as in other cases, if the writ of in-
junction does not pertain to a suit pending in the court; but if the writ was
issued after notice to the defendant, a citation is not required. R S. 3005.

The writ is delivered to the sheriflf or any constable of the county, and a
writ must issue to each county in which there is a person to be enjoined. It
may be forwarded to other counties by mail. Service is made by delivering a
true copy, and the writ must be returned the same as other writs. R S 3000-
3002.

No. 78.

Application for Attachment for Disoledience of an Injunction.



'Eo. — . V. >- In the Court of County.




A. B., plaintiff in the above-entitled cause, being duly sworn, says

that heretofore, to wit, on the day of , A. if. 18 — , a writ

of injunction issued out of the court of county, directed

to C. D., defendant in said cause, commanding him [state the com-
onand of the writ\ and that said writ was duly served on the said

C. D. on the day of , A. D. 18—; that said C. D. hath

hitherto refused, and doth now wholly fail and refuse, to obey the
-commands of the said writ, but on the contrary, etc. [state the acts
supposed to he in violation of the commands of the W7nt\.

A. B.

Sworn to and subscribed before me this day of A. D

18—. W. F.,

Clerk of Court, County.

Order of Court or Judge.

The State of Texas, ) At Chambers, this day of , A. D.

County of . ] IS—.

The within affidavit having been read and fully understood, it is
ordered that a writ of attachment do issue to the sheriff or anv

constable of count}^, requiring him to arrest the said C. D. and

have him before me, at chambers [or before the court], at , on

the day of , A. D, 18 — , at o'clock — M.

G. H.,
Judge of the Court, County.

No. 79.

Attachment for Disoheifing an Injunction.

The State of Texas, To the Sheriff or any Constable of County,

Greeting:
You are hereby commanded that you arrest the person of C. D.,
if to be found within your county, and have him before our



56 IJTJUNCTION — CERTIORARI TO JUSTICES^ COURTS. "

court of county [or before the judge], on the day of ^

A. D. 18 — , at o'clock — M., then and there to answer for an

alleged contempt in disobeying the commands of a writ of injunc-
tion issued out of said court on the day of , A. D. 18 — ,.

and served upon said 0. D. on the day of , A. D. 18 — , it

being alleged by affidavit filed in this court that he wholly fails and
refuses to obey the command of said writ. You are further com-
manded to retain him in custody until he shall be discharged by
our said court.

Herein fail not, but of this writ, and how you have executed the
same, make due return.

Witness , clerk of the court of county.

Given under my hand and the seal of said court, at office in the

town of , this day of , A. D. 18 — .

[Z. S.-] W. F.,

Clerk of Court, County.

Issued this day of , A. D. 18 — .

W. F.,
Clerk of Court, County.

Beturn to the Foregoing Attachment.

Came to hand the day of , A. D. 18 — , and executed by

arresting the person of the within-named C. D., and I have him now

before the court, this day of , A. D. 18 — .

J. D.,
Sheriff of County.

On retvirn of the attachment, tlie court or judge hears proof, and if it is
found that the party has disobeyed the injunction, directly or indirectly, he will
be committed to jail, without bail, until he purges himself of the contempt, in
such manner as may be directed. R. S. 3012, 3013.



No. 80.

Petition for a Certiorari to a Justice of the Peace.

The State of Texas, )

County of . f

To the Honorable G. H., Judge of the Court of County:

Your petitioner, C. D., respectfully represents that E. F., Esq., is

a justice of the peace of said county, for precinct JSTo. , and that

on the day of « , A. D. 18 — , in a certain cause wherein

A. B. Avas plaintiff and your petitioner was defendant, the said E, F.,.
Esq., as such justice aforesaid, rendered a judgment against your
petitioner, and in favor of the said A. B., for the sum of ■' dol-
lars and costs of suit, on the following alleged cause of action, to
wit [state briefly the nature of the action'].

And for ground of complaint your petitioner states that the said
justice of the peace was wholly without jurisdiction to render said



CERTIORARI TO JLSTICEs' COURTS. 5T

judgment [state the facts shoioing a want of j urlsdiction. See 2 Tex.
Civ. Prac, § 11 IS].

[If injustice is the (jround of complaint., state the substance of thr
evidence offered', that no other evidence was offered; and state such
facts as will shovj, vrith reasonable certainty., that the petitioner has
rights., or a valid defense^ of which he has been deprived by the erro-
neous action of the court, or that without fault or negligence on his
part he was unable to present his defense. See 2 Tex. Civ. Prac,
§§ IIU, 1115.-]

Wherefore, petitioner prays for a writ of certiorari to the said
E. F., Esq., and for a citation to the said A. B., and for such further
proceedings herein as the law directs. C. D.

C. D., being duly sworn, says that the matters set forth in the
foregoing petition are true. C. D.

Sworn to and subscribed before me this day of , A. D.

18—. AV. F.,

Clerk of Court, County.

The affidavit may be made by the petitioner, or by some person for him hav-
ing knowledge of the facts. R. S. 344.

A writ issued without the order of the judge is void. 2 Tex.'Civ. Prac, § 1110.
For additional forms and suggestions, see Tex. PI. & Forms, ^§ 210-215.

Order of Judge.

The State of Texas, ) j^ ^ ^ ^^ (.^^^^^^

County of . j -^

The within petition having been presented in open court [or to
me at chambers']., and having been read and fully understood, it is
ordered that a writ of certiorari do issue according to law, and pur-
suant to the prayer of the petition, upon the execution of a bond

by the petitioner in the sum of dollars.

G. H.,
Judge of Court, County.



No. 81.

JBo«^ for Certiorari to a Justice's Court.

The State of Texas, )

County of . \

Whereas, on the day of , A. D. 18 — , A. B. recovered

in the justice's court for precinct Iso. , in said county, a judg-
ment against C. D. for the sum of dollars, and the said C. I>.

has obtained from the court of county a writ of certi-

orar'i to said justice's court to remove said cause to our said

court in and for said county: Now, therefore, we, C. D. as princi-
])al, and M. N. and O. P. as sureties, acknowledge ourselves bound

to pa}' to said A. B. the sum of -dollars [the amount directed-

by the oixler]., conditioned that the said C. D. will perform the judg-



58 CERTIOKAEI TO JUSTICES' COUKTS.

merit of the court of county, if the same shall be against

him.

Witness our hands this day of , A. D. 18 — . C. D.

M. K
O. P.

Approved this day of , A. D. 18—.

W. R,
Clerk of Court, County.

The bond and petition, and the order of the judge when made in vacation,
must be filed with the clerk of the court. R. S. 348.



No. 82.

Writ of Certiorari to Justice's Court.

The State of Texas, To the Sheriff or any Constable of County ^

Greeting:

Whereas, on the day of , A. D. 18 — , A. B, recovered in

the justice's court for precinct !N"o. , in said county of , a

judgment against C. D. for the sum of dollars and costs of

suit; and whereas the said C. D. has obtained from the Honorable

, judge of the court of county, an order for a

writ of certiorari to remove said cause to the court of said

county, the said C. D. having given bond as required by law and
the order of the judge: You will therefore serve E. F., Esq., who
is the justice of the peace of said precinct, with a copy of this writ,
Tv^hereby he is commanded to make and certify a copy of the en-
tries in the cause on his docket, and transmit the same, with the
papers of said cause in his possession, together with a certified copy

of the bill of costs taken from his fee book, to the court of

county, on or before the first day of the next term thereof, to

be holden within and for the county of — ■ — , at the court-house in

, on the Monday in next, being the day of ,

A. D. 18—.

Herein fail not, but have you then and there before said court
this writ, with your return thereon, showing how you have exe-
cuted the same.

Witness , clerk of the court of county.

Given under my hand and the seal of said court, at oflSce in the
town of , this day of , A. D. 18 — .

[Z. ^.] W. F.,

Clerk of Court, County.

Issued this dav of , A. D. 18 — .

W. F.,
Clerk of Court, County.

No special provision is made as to tlie mode of service of the writ.

If there is not time to make out and file the transcript and papers at the next
•term, they may be filed at the next succeeding term thereafter. At the first
term to which the writ is returnable the adverse party may move to dismiss for



AKBITRATION AND AWARD. 59

want of sufficient cause appearing in the affidavit, oi- for want of a sufficient
bond. 2 Tex. Civ. Prac, ^j^ 1117, 1118; R. S. 34.3. 350. 353.

A supersedeas clause in the writ is not necessary, as it is made the duty of
the justice to stay further proceedings on the judgment upon service of the
writ. R. S. 350. When the writ is issued, the clerk must forthwith issue a
citation for the adverse party, as in ordinary cases. R. S. 351.



No. 83.

Submission to Arbitration After Commencement of Suit.

The State of Texas, )
County of . f

Whereas a controversy is now pendino; between A. B. as ])laint-
iff and C. I), as defendant, in relation to the price to be paid by the
said C. D. to said A. B. for hibor and services rendered by the said
A. B. for and in behalf of the said C. D., and at his special instance
and request, in purchasing cotton for the said C. D. and forwarding

the same to him from the town of , during the month of ,

A. D. 18 — , for which services the said A. B. claims the sum of dol-
lars: Now, therefore, we, A. B. as plaintiff and C. D. as defendant,
do hereby submit said controversy, and all matters therewith con-
nected, to the arbitration of E. F., chosen by the said A. B., and
G. H., chosen by the said C. D., in accordance with the provisions
of the statute in such case made and provided. And the parties
hereto respectively reserve the right of appeal from the decision of
said arbitrators.

"Witness our hands this day of , A. D. 18 — .

A. B.
CD.

The above must be filed with the papers of the cause; and, if filed during tho
sitting of the court, an order should he made for referring the cause. 1 Tex.
Civ. Prac, g 747. If there is no suit pending, the agreement must be filed in the
court of the county having jurisdiction of tlie amount in controversy or matter
in dispute. The clerk will designate a day for the hearing, not less than two
days after filing the agreement, and will issue process for witnesses. On the as-
sembling of the arbitrators the clerk will administer to them the statutory oath,
and will swear the witnesses. See 1 Tex. Civ. Prac, ^^ 746 et seq.; R. S. 47-53.
The statute prescribes the qualifications of the arbitrators. R. S. 48; 1 Tex. Civ.
Prac, § 747.

No. 84.
Oath of Arhitrators.

You do solemnly swear [or cfjfirm] that you will fairly and im-
partially decide the matter in dispute between A. B., the plaintiff,
and C. D., the defendant, accortling to the evidence adduced and
the law and equity applicable to the facts proved, so help you God.



00 ARBITKATION AND AWARD ACCOUNTS.

No. 85.

Aivard of Arbitrators.



A. B. I

c. b. f

The undersigned arbitrators, selected by the above-named par-
ties in their agreement dated on the day of , A. D. 18 — ,

and filed in the court of county on the day of ,

A. D. 18 — , having, on the day of • , A. D. 18 — , the day

assigned by the clerk of said court for the trial of said controversy,
been duly sworn, and having heard the allegations and proofs of
the parties, do decide that the services of the said A. B. for the

month of , A. D. 18 — , are worth the sum of dollars, and

that he ought to recover from the said C. D. the said sum and all
costs in this behalf expended.

"Witness our hands this dav of , A. D. 18 — .

E. F.
G. H.

The award must be filed with the clerk, and the statute provides that at the
succeeding term it shall be entered and recorded as the judgment of the court,^
and that execution may issue as on ordinary judgments. R. S. 54. The prac-
tice seems to be to enter judgment in due form on the award. See 1 Tex. Civ.
Prac. § 751; also Form No. \0S, post.

As to procedure in case of an appeal, see 1 Tex. Civ. Prac, § 753. Arbitra-
tion at common law, see 1 Tex. Civ. Px-ac, § 757.



No. 86.

Affidavit to an Account.

The State of Texas,


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