James T. McCleary.

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State of __________, county of __________, town of __________, ss.

D.S. being sworn, says that on the ______ day of __________, A.D.
18______, he served the within notice upon each of the occupants of the
land through which the within described road may pass, by leaving copies
as follows: To A.B. personally; to C.D. at his usual place of abode with
E.F., a person of suitable age and discretion, (describing each service.)

That, also, on the ______ day of __________ A.D. 18______, he posted
copies of the within notice in three public places in said town, to-wit:
At (naming the places.)

D.S.

Subscribed and sworn to before me this ______ day of __________, 18______.

E.W.R., Justice of the Peace.


SUPERVISOR'S ROAD ORDER.

State of __________, county of __________, town of __________, ss.

Whereas, upon the petition of (six) legal voters, owning real estate, or
occupying real estate under the homestead or pre-emption laws of the
United States, or under contract from the state of __________, within one
mile (or eight legal voters, freeholders and residents of the town, within
two miles), of the road proposed in said petition to be laid out (altered
or discontinued), copies of said petition having been first duly posted up
in three of the most public places of said town at least twenty days
before any action was had in relation thereto, proof of which posting was
duly shown to us by affidavit; Which said proposed new road (alteration or
discontinuance) is set forth and described in said petition as follows,
viz.: Beginning, etc., (set forth the road as given in the petition.)

And whereas, upon receiving said petition we did, within thirty days
thereafter, make out a notice and fix therein a time and place at which we
would meet and decide upon such application, to-wit: on the day of _____,
A.D. 18_____, at __________, causing copies of such notice to be posted in
three public places in said town, at least ten days previous to such
meeting; and having met at such time and place as above named in said
notice, and being satisfied that the applicant had, at least ten days
previous to said time, caused said notice of time and place of hearing to
be given to all the occupants of the land through which such highway might
pass, by serving the same personally or by copy left at the usual place of
abode of each of said occupants, proof of which was shown by affidavit, we
proceeded to examine personally such highway and heard any and all reasons
for or against laying out (altering or discontinuing) the same, and being
of the opinion that such laying out (or altering, or discontinuing,) was
necessary and proper and that the public interest would be promoted
thereby, we granted the prayer of said petitioners and determined to lay
out (alter or discontinue) said road, the description of which as so laid
out is as follows, to-wit: Beginning, &c.

It is therefore ordered and determined that a road be and the same is
hereby laid out (or altered) and established according to the description
last aforesaid, and it is hereby declared to be a public highway, four
rods wide, the said description above given being the center of said road.

Given under our hands, this, &c., (dated and signed officially by the
supervisors.)


SURVEYOR'S REPORT.

To the supervisors of the town of __________, county of __________, and
state of __________:

The undersigned having been employed by you to make a survey of a road in
said town would report that the following is a correct survey thereof, as
made by me under your directions, to-wit: (Give an accurate description of
the road by course and distance) and that below is a correct plot of said
road according to said survey. (Dated and signed.)


RELEASE OF DAMAGES.

State of __________, county of __________, town of __________, ss.:

Whereas, a road was laid out (or altered or discontinued) on the _____ day
of __________, A.D. 18_____, by the supervisors of the said town of
__________, on the petition of (six) legal voters, owning real estate, or
occupying real estate under the homestead or pre-emption laws of the
United States, or under contract from the state of __________, within one
mile (or eight legal voters freeholders and residents of the town within
two miles) of said road; which said road (or alteration, or
discontinuance) is set forth and described in the supervisors' order, as
follows, viz.: Beginning (describe the road as in the order laying it out);
which said road passes through certain lands owned by us as described
below:

Now, therefore, know all men by these presents, that we, the owners of the
lands described below, for value received, do hereby * release all claims
to damages sustained by us by reason of the laying out (or altering, or
discontinuing) and opening said road through our lands, viz.: (Here give a
description of the lands and their owners' names.)*

In witness whereof, we have hereunto set our hands and seals this day of
__________, A.D. 18_____. (Signatures and seals.) Signed, sealed and
delivered in presence of two witnesses.


AGREEMENT AS TO DAMAGES.

(Use form "Release of Damages" to the * then substitute to the next * as
follows:) do hereby "agree to and with the said supervisors that the
damages sustained by us by reason of laying out (or altering, or
discontinuing) said road be ascertained and fixed, and the same are hereby
ascertained and fixed as follows: (Describe the lands, give the owners'
names, and the amounts agreed on;" and conclude as in form "Release of
Damages.")


AWARD OF DAMAGES.

State of __________, county of __________, town of __________, ss.:

Whereas, a road was laid out (or altered or discontinued) on the day of
__________, A.D. 18_____, by the undersigned supervisors of the said town
of __________, on the petition of (six) legal voters, owning real estate,
or occupying real estate under the homestead or pre-emption laws of the
United States, or under contract from the state of __________, within one
mile (or eight legal voters, freeholders and residents of the town within
two miles) of said road; which said road (or alteration, or
discontinuance) is set forth and described in the supervisors' order as
follows, viz.: Beginning (describe the road as in the order laying it
out.) And not being able to agree with the owners of the following
described lands, claiming damages by reason of said highway passing
through, we have assessed the damages to each of such individual claimants
with whom we could not agree, and awarded damages to the owners of such
lands through which such highway passes as are unknown, at what we deemed
just and right; taking into account and estimating the advantages and
benefits the road will confer on the claimants and owners, as well as the
disadvantages. We have assessed and awarded damages as follows:

(Here give a particular description of each tract of land and its owner,
if known; but if not known, state that fact also.)

And in case of the following lands and claimants for damages, we estimate
that the advantages and benefits said road will confer on them are equal
to all damages sustained by them by reason of laying out (or altering, or
discontinuing) said road, to-wit: (Set forth lands and owners as far as
known; and describe the unknown lands, stating that the owners are
unknown.) (Dated, and signed by the supervisors.)


APPLICATION FOR JURY.

State of __________, county of __________, town of __________, ss.

To J.P., justice of the peace in and for said county:

I, J.A.B., of said town, feeling myself aggrieved by the determination
(award of damages) made by the supervisors of said town (county
commissioners of said county) by their order bearing date the _____ day of
__________, A.D. 18_____, in laying out (altering or discontinuing) (or
refusing to lay out, alter or discontinue) a highway in said town
(county), do hereby appeal to you for a jury to be summoned by you to hear
and determine such appeal.

The highway (alteration or discontinuance) in question is described in
said order, filed in the town clerk's (county auditor's) office of said
town (county) ________, A.D. 18_____, as follows: (describe the road, as
in the order on file), which said road passes through lands owned by me,
viz.: (describing them.)

The grounds upon which this appeal is brought, are: (to recover $80
damages to my said land by reason of such laying out, instead of $40 as
awarded in said order) (or, in relation to the laying out, or altering, or
discontinuing said highway;) (or their refusal to lay out, or alter, or
discontinue said highway;) (or said appeal is brought to reverse entirely
the decision of the said supervisors or commissioners;) (or is brought to
reverse that part of their order [specifying which part,] &c.) (Dated and
signed by the appellant.)



JUSTICE COURT.


_I. Civil Suit._


SUMMONS.

State of _____, }ss.
County of ____ }

[Footnote: This brace of lines, giving the state and county as
introductory to a process, certificate, affidavit or other paper, is
called a "venue," and should be inserted wherever the word _(Venue)_ is
expressed in forms given hereafter.]

The state of _______ to the sheriff or any constable of said county:

You are hereby commanded to summon A.M., if he shall be found in your
county, to be and appear before the undersigned, one of the justices of
the peace in and for said county, on the ___ day of _____ 18_____, at ___
o'clock in the ____noon, at my office in the ____, in said county, to
answer to J.T. in a civil action; and have you then and there this writ.

Given under my hand this ___ day of ___, A.D. 18_____.

W.D.D., Justice of the Peace.


CONSTABLE'S RETURN.

_(Venue as in Summons.)_

I hereby certify that I personally served the within summons upon the
within named defendant, by reading the same to him, in said county, on the
__ day of _________, 18_____.

Fees - Mileage, 8 miles, - - .80
Service, - - - - - - - - - .15
-
.95

G.M.G., Constable.


COMPLAINT.

State of ______} ss. In Justice Court,
County of ____} Before W.D.D., Justice of the Peace.
J.T., plaintiff,
against
A.M., defendant.

[Footnote: All the affidavits, pleadings, and other papers filed by
parties in an action should be "entitled," that is to say, should begin
with a caption similar to the above, giving the state and county, name of
justice, and the names of the parties, plaintiff and defendant, to the
action. This caption (_title of cause_) is to be inserted in every form
given hereafter, wherever it is so expressed.]

The complaint of the plaintiff shows to this court that at ___, in the
state of ___, on the _____ day of ____, 18___, the defendant made his
promissory note in writing, dated on that day, and thereby promised to pay
to the plaintiff (one year after date) the sum of (eighty) dollars, for
value received, with interest thereon from the said date at the rate of
(ten) per cent, per annum until fully paid, and delivered the same to the
plaintiff.

That the plaintiff is now the holder and owner of said note; that the same
has not been paid, nor any part thereof; but the defendant is now justly
indebted to the plaintiff thereon in the sum of (eighty) dollars, with
interest as aforesaid.

Wherefore, the plaintiff demands judgment against the defendant for the
sum of (eighty-nine) dollars and (sixty) cents, with costs of suit.

J.T. (_Venue._)

J.T., the plaintiff (or defendant) in this action, being duly sworn, says
that the foregoing complaint (or answer, or reply,) is true, to his own
knowledge, except as to those matters stated on his information and
belief, and as to those matters, that he believes it to be true.

J.T. (_Jurat._)


ANSWER.

(_Title of cause._)

The answer of the defendant to the complaint herein, shows to this court:

1. That he admits the making and delivering of the note therein stated,
but denies each and every other allegation therein contained.

2. And for a further defense this defendant shows that on the _____ day of
_________, 18_____, he bought (a horse) of the plaintiff for the sum of
(one hundred and thirty) dollars, and paid him (fifty) dollars in money,
and the note of (eighty) dollars described in the complaint; which
(horse), by the contract of sale, the plaintiff warranted to the defendant
to be sound; and the defendant further states that the said (horse) was
unsound at the time, whereby the defendant sustained damage in the sum of
(one hundred) dollars.

Wherefore he asks that said amount of damage be set off against the amount
of said note, and demands judgment for the balance of (twenty) dollars,
besides costs of suit.

A.M. (_Verified._)


REPLY.

(_Title of cause._)

The reply of the plaintiff to the facts set forth in the answer of the
defendant, denies each and every allegation therein contained.

J.T. (_Verified._)


ADJOURNMENT.

(_Title of cause._)

(_Venue._) A.M., being duly sworn, says, that he is the defendant in this
action; that J.C.S., who resides in the town of _________, in said county,
is a material witness for this defendant, without whose testimony he
cannot safely proceed to the trial of this action; that the said J.C.S.,
if examined as a witness on the trial, will testify that he was present at
the time the horse mentioned in the answer was purchased, and heard the
plaintiff say to the defendant, "the horse is sound, and I warrant him
so;" that he heard this defendant reply, "well, I shall rely entirely upon
your warranty;" and that thereupon defendant gave his note for the balance
of the purchase money of the horse.

That on the _____ day of _________, 18_____, he procured a subpoena for
the said J.C.S., and went with the same to his residence to serve the
same, when he there learned for the first time that said J.C.S. had
unexpectedly left home the day before and had gone to _________, in the
state of _________, to be absent (three) weeks. That he knows of no other
person by whom he can prove these facts; and that he expects to be able to
procure the attendance of said J.C.S. as a witness on the trial, if this
cause is adjourned for (thirty) days.

A.M.

(_Jurat_.)


SUBPOENA.

State of ____, } ss.
County of ___}

The State of _________ to J.K., J.L. and G.G.:

You are hereby required to appear before the undersigned, one of the
justices of the peace in and for said county, at my office in the town of
_________, on the _____ day of _________, 18_____, at _____ o'clock in the
_________ noon of said day, to give evidence in a certain cause then and
there to be tried between J.T., plaintiff, and A.M., defendant, on the
part of the plaintiff (or defendant.)

Given under my hand this _____ day of _________, 18_____.

W.D.D., Justice of the Peace.


ATTACHMENT AGAINST WITNESS.

(_Venue_.)

The State of _________ to the sheriff or any constable of said county:

You are hereby commanded to attach the body of S.K.B., if he shall be
found in your county, and bring him forthwith before the undersigned, one
of the justices of the peace in and for said county, at my office in the
town of _________, in said county, to give evidence in a certain cause now
pending before me, between J.T., plaintiff, and A.M., defendant, on the
part of the defendant (or plaintiff); and also to answer all such matters
as shall be objected against him, for that the said S.K.B., having been
duly subpoenaed to attend at the trial of said action, had refused (or
failed without just cause) to attend, in conformity to said subpoena; and
have you then and there this writ.

Given under my hand, etc. W.B.D., Justice of the Peace.


CONSTABLE'S JURY LIST.

(_Title of cause_.)

List of names of (twenty-four) inhabitants of the county of _________,
qualified to serve as jurors in the district court of said county, made by
me as directed by said justice of the peace, from which to impanel a jury
in the above entitled cause.

G.W., Constable.

Dated, etc.

John J. Cooke, X

Allan K. Ware,

X Jared S. Benson,

Walter G. Brown,

George W. Jones,

Elias Bedall,

Erick Peterson,

Patrick Kelly, X

X Thomas O. Jones,

Julius Graetz,

John Shannon, X

X David F. Lamb,

Wm. W. Wertsel,

X Daniel G Pratt,

Horace S Roberts, X

J.W. Everstine,

Aaron M Ozmun,

X Ole T. Ruhd,

Lars Anderson,

Conrad Schacht,

O.P. Whitcomb,

X J.Q. Leonard,

Zera Fairman, X

Russell Blakely. X

** Names struck off by plaintiff checked on the right; by defendant
checked on the left.

W.D.D., Justice of the Peace.


VENIRE.

State of __________,}
County of _________}ss.

The State of __________ to the sheriff or any constable of said county:

You are hereby commanded to summon (here insert the names in full), to be
and appear before the undersigned, one of the justices of the peace in and
for said county, on the ______ day of __________, 18______, at ______
o'clock in the ______noon of said day, in the (town) of __________, in
said county, to make a jury for the trial of a civil action between J.T.,
plaintiff, and A.M., defendant, and have you then and there this writ.

Given under my hand this ______ day of __________, A.D. 18______.

W.D.D., Justice of the Peace.


RETURN.

(_Venue_.)

I hereby certify that, by virtue of the within writ, I have personally
summoned as jurors the several persons named therein, viz. (give the list
served; and if any are not served, add): and that the following named
persons could not be found (giving their names.)

Dated this ______ day of __________, 18______. G.W., Constable. Fees,
etc.


WARRANT FOR JUROR.

State of __________,}
County of _________}ss.

The State of __________ to the sheriff or any constable of said county:

Whereas, on the ______ day of __________, A. D. 18______, a venire was
duly issued by the undersigned, one of the justices of the peace of the
said county, in the case of J.T. _vs_ A. M., then pending before me as
such justice; and, whereas, one E.F. was duly named as juror therein, and
said venire was duly served upon said E.F. by G.H., a constable of said
county; and, whereas, the said E.F. failed to appear as such juror, or to
render any reasonable excuse for his default, as appears from the return
of said constable, and from my docket; now, therefore, you are hereby
commanded forthwith to apprehend the said E.F. and bring him before me to
show cause why he should not be fined for contempt in not obeying said
writ, and to be further dealt with according to law.

Given under my hand, etc.

W.D.D., Justice of the Peace.


DOCKET.

(_With oral pleadings, jury trial, execution, etc._)

State of _________,}
County of _______,}ss.

In Justice Court.

Before W.D.D., Justice of the Peace.


J.T., Plaintiff,

_against_

A.M., Defendant.


PLAINTIFF'S COSTS.

_Justice's Fees_.

Summons...............$ 25
Complaint............. 15
Answer................ 15
Reply................. 15
Adjournment........... 15
Oath, 2d adjt......... 15
2d adjournment........ 15
Filing two papers..... 10
3d adjournment........ 15
Swearing jury......... 25
Oath, nine witnesses.. 1 35
Oath, officer......... 15
Judgment.............. 25
Taxing costs.......... 15

$3 55

_Constable's Fees_.

On summons............$1 10
Jury list............. 15
Summoning jury........ 1 00
1 day's att. court.... 1 00
Attending jury........ 50

$3 75

_Plaintiff's Witnesses_.
W.A.,att. and mil.....$1 48
L.D., " " ..... 1 24
Z.S., " " ..... 1 12
J.B., " " ..... 1 36

$5 20

$12 50

August l, 1887. - Summons issued, returnable August 9,1887, at 1 o'clock
P.M.

August 5. - Summons returned by Constable S. (Here give the return of the
officer.)

August 9, 1 P.M. - Parties appeared and joined issue. Plaintiff complained
orally upon a promissory note, and delivered the same to the court, and
stated that there was due him $80 and interest thereon, which he claimed
to recover Of defendant; verified the same. Defendant answered orally,
alleging that said note was given for a horse, which horse was warranted
to be sound, whereas, in fact, it was unsound, claiming $100 damages
thereby; verified. Plaintiff replied orally, denying the warranty;
verified. Plaintiff then applied for an adjournment, and the suit was
adjourned to August 16, 1887, at 1 P.M., at my office.

August 16, 1 P.M. - Parties appeared, and defendant applied for an
adjournment of thirty days, to obtain material witness, and having shown
cause therefor, upon oath, the suit was adjourned to September 16, 1887,
at 1 P.M., at my office.

September 16, 1887, 1 P.M. - Parties appeared, and defendant demanded a
jury of twelve persons, paying their fees. Venire issued and delivered to
Constable G.W. Cause adjourned to September 17, 1887, at 1 P.M., at my
office, to give time to summon the jury, and for them to appear.

September 17, 1 P.M. - Parties appear. Two of the jurors not appearing,
G.D. and E.F. were summoned as talesmen. The following jurors were sworn:
(Give the list.) The following witnesses were sworn for the plaintiff:
(Note in order in the docket all exceptions taken to any testimony.) The
following witnesses were sworn for the defendant, etc. The following
witnesses were sworn in rebuttal, etc. (All exceptions to rulings of the
court are to be noted in the docket in order whenever they occur.)

September 17, 5 P.M. - After hearing the testimony, the jury retire, under
charge of Constable G.W., sworn for that purpose.

6 P.M. - Jury returned into court, and say that they find for the plaintiff
for the sum of $86.00.

Judgment rendered thereupon against the defendant for $86.00 and costs of
suit, taxed at $12.50, on this 17th day of September, 1887.

W.D.D., Justice of the Peace.

September 29, 1887. - Execution issued for $86.00, and interest from
September 17, and for $12.50 costs, and delivered to Constable G.W. to
collect.

W.D.D., Justice of the Peace.

October 11. - Execution returned satisfied.

W.D.D., Justice of the Peace.

October 15,1887. - Received the above judgment and costs in full.

J.T., Plaintiff.


OATH TO JURORS.

"You do solemnly swear that you will well and truly try the matters in
difference between the parties in this cause, and a true verdict give,
according to the evidence given you in court and the laws of this state.
So help you God."


OATH TO WITNESS.

"You do solemnly swear that the evidence you shall give relative to the
cause now under consideration shall be the whole truth, and nothing but
the truth. So help you God."


OATH TO OFFICER.

"You do solemnly swear that you will keep this jury together in some
suitable place, without food or drink, unless ordered by the court; that
you will suffer no person to speak to them upon the matters submitted to
their charge until they are agreed, nor will you speak to them yourself
about the cause, except to ask them whether they are agreed; that you will
permit no person to listen to, or overhear, any conversation or discussion
they may have while deliberating on their verdict; that you will not
disclose their verdict nor any conversation they may have respecting the
cause, until they have delivered their verdict in court, or been
discharged by order of the court. So help you God."


EXECUTION.

State of __________,}
County of _________}ss.

The state of _________ to the sheriff or any constable of said county:

Whereas, judgment against A.M. for the sum of (eighty-six) dollars, lawful
money of the United States, and for (twelve) dollars and (fifty) cents,
costs of suit, was recovered the _____ day of _________, 18_____, before
me, at the suit of J.T.; these are therefore to command you to levy
distress on the goods and chattels of the said A.M. (excepting as the law
exempts), and make sale thereof according to law, in such case made and
provided, to the amount of the said sum, together with twenty-five cents
for this execution, and the same return to me within thirty days, to be
rendered to the said J.T. for his said judgment and costs. Hereof fail
not, under penalty of the law.

W.D.D., Justice of the Peace


ENDORSEMENTS ON EXECUTION.


IN JUSTICE COURT

COUNTY OF.........................................

J.T., plaintiff

_against_

A.M., defendant



Online LibraryJames T. McClearyStudies in Civics → online text (page 20 of 31)