State of Oregon,} County of Form of a Subpœna. To the Sheriff, or any Constable of said County: In the name of the people of the state of Oregon, you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, on the 18 at o'clock in the day of noon, at his office in to give evidence in a certain cause, then and there to be tried, between A. B., plaintiff, and C. D., defendant, on the part of the plaintiff (or defendant, as the case may be). Given under my hand, this day of 18 J. P., Justice of the Peace. Form of a Venire for a Jury. State of Oregon, County of To the Sheriff, or any Constable in said County: In the name of the people of the state of Oregon, you are hereby commanded to summon six good and lawful men of your county, to be and appear before the undersigned, one of the justices of the peace in and for said county, for the day of 18 at o'clock in the noon of said day, at to make a jury for the trial of a civil action between A. B., plaintiff, and C. D., defendant, and have you his office in then and there this writ. Given under my hand, this State of Oregon, County of Form of Execution. } SS. To the Sheriff or any Constable of said County: Whereas judgment against C. D., for the sum of lars, and for dollars, costs of suit, was recovered on the day of 18 before the undersigned, one of the justices of the peace in and for said county, at the suit of A. B.: These are therefore, in the name of the people of the state of Oregon, to command you to levy on the goods and chattels of the said C. D. (excepting such as the law exempts), and make sale thereof according to law, to the amount of the said sum, and the costs upon this writ, and the same return to me within thirty days, to be rendered to the said A. B. for his debt, interest and costs. Form of Execution against the Body. State of Oregon, County of SS. dol To the Sheriff, or any Constable of said County: Whereas judgment against C. D., for the sum of lars, and for dollars, costs of suit, was recovered on the day of 18 , before the undersigned, one of the justices of the peace in and for said county, at the suit of A. B., and an execution against his property, returned unsatisfied: These are therefore, in the name of the people of the state of Oregon, to command you to take the body of the said C. D., and him convey and deliver to the keeper of the jail of the said county, who is hereby commanded to receive and keep the said C. D. in safe custody in prison, until the aforesaid sum, and all legal expenses, be paid and satisfied, or until he be discharged therefrom by due course of law; and of this writ make due return within thirty days. Given under my hand, this day of J. P., Justice of the Peace. Form of Execution against Principal and Surety, after Expiration of Stay of Execution. Whereas judgment against C. D., for the sum of lars, and for day of day of dol dollars, costs of suit, was recovered on the 18 , before the undersigned, one of the justices of the peace, at the suit of A. B.; and whereas, on 18 E. F. became surety to pay the the said judgment and costs in month from the date of the judgment aforesaid, agreeably to law, in the payment of which the said B. D and E. F. have failed: These are therefore, in the name, &c., [as in the common form.] Form of Order in Replevin. State of Oregon, County of To the Sheriff, or any Constable of said County: In the name of the people of the state of Oregon, you are hereby commanded to take the personal property mentioned and described in the within affidavit, and deliver the same to the plaintiff, upon receiving a proper undertaking, unless before such de livery the defendant enter into a sufficient undertaking for the delivery thereof to the plaintiff, if delivery be adjudged. Given under my hand, this day of 18 J. P., Justice of the Peace. To the Sheriff, or any Constable of said County: In the name of the people of the state of Oregon, you are commanded to attach and safely keep the goods and chattels, moneys, effects and credits of C. D. (excepting such as the law exempts), or so much thereof as shall satisfy the sum of dollars, with interest and costs of suit, in whosesoever hands or possession the same may be found in your county, and so provide that the goods and chattels so attached may be subject to further proceedings thereon, as the law requires; and of this writ make legal service and due return. Given under my hand, this day of 18 J. P., Justice of the Peace. Form of Summons in Forcible Entry and Detainer. State of Oregon, County of SS. To the Sheriff or Constable of said County: Whereas A. B., of hath exhibited unto the undersigned, one of the justices of the peace in and for said county, a complaint against C. D., for a forcible entry and detainer of the following premises; to wit: ; therefore in the name of the United States, you are hereby commanded to summon the said C. D., if he be found in your county, to appear before the undersigned, on the in the day of noon, at his office in 18 at o'clock then and there to make answer to and defend against the complaint aforesaid; and you are also hereby commanded to serve a copy of the said com. plaint on the said C. D., and of this writ make due return, with your doings thereon. Form of Writ of Restitution in Forcible Entry and Detainer. State of Oregon, To the Sheriff or any Constable of said County: Whereas, A. B. did make complaint in writing to the undersigned, a justice of the peace in and for said county, against C. D. of the said county, that he had been guilty of a forcible entry and detainer of a certain tract of land [or, other possessions] of the said A. B., and whereas a jury was empanelled and sworn to inquire of said complaint, and did return their verdict that the said C. D. was guilty of a forcible entry and detainer of the following described tract of land, to wit: [here describe the premises of which the defendant is found guilty of forcibly entering and detaining;] and whereas judgment was entered thereon by said justice, and that the said A. B. should have restitution of the premises; therefore, in the name of the United States, you are hereby commanded to cause the said C. D. to be forthwith removed from the premises aforesaid, and that the said A. B. have peaceable restitution of the same; and also, that you levy of the goods and chattels of C. D., found in your county, the sum of dollars, being the amount of costs, on the trial aforesaid, together with dollars, for this writ, and also your own fees, and make return of this writ within thirty days next after the date hereof. Given under my hand, this day of 18 J. P., Justice of the Peace. Form of Undertaking or an Arrest. Whereas, an application has been made by A. B., plaintiff, to J. P., one of the justices of the peace in and for county, for a warrant to arrest C. D., defendant, founded upon an affidavit of the said plaintiff, setting forth that, &c.; [here state the cause for the arrest] Now, therefore, we, A. B., plaintiff, and E. F., acknowledge ourselves bound to C. D. in the sum of dollars, to pay all costs that may be awarded to the said defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum of Dated this day of dollars. A. B. Form of Undertaking in Attachment. Whereas, an application has been made by A. B., plaintiff, to J. P., one of the justices of the peace in and for county, for a writ of attachment against the personal property of C. D., defendant [a foreign corporation, a non-resident, or because he has assigned, secreted, &c.]: Now, therefore, we, A. B., plaintiff, and E. F., acknowledge ourselves bound to C. D. in the sum of dollars, that if the defendant recover judgment in this action, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the said attachment, not exceeding the sum of dollars. Dated the day of Form of Undertaking in Replevin. Whereas, A. B., plaintiff, has commenced an action before J. P., one of the justices of the peace in and for county, against C. D., defendant, for the recovery of certain personal property mentioned and described in the affidavit of the plaintiff, to wit: [here set forth the property claimed:] Now, therefore, we, A. B., plaintiff, E. F. and G. H., acknowledge ourselves bound unto C. D. in the sum of dollars, for the prosecution of the action for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against the plaintiff. Dated the day of Form of Undertaking to Discharge Attachment. Whereas, a writ of attachment has been issued by J. P., one of the justices of the peace in and for county, against the personal property of C. D., defendant, in an action in which A. B. is plaintiff: Now, therefore, we, C. D., defendant, E. F. and G. H., acknowledge ourselves bound unto J. K., constable, in the sum of dollars (double the value of the property), engag ing to redeliver the property attached, to wit: [here set forth a list of articles attached,] or pay the value thereof to the sheriff or constable to whom execution upon a judgment obtained by the plaintiff in the aforesaid action, may be issued. Dated this day of C. D. F. F. G. H. Form of Undertaking to Indemnify Constable on Claim of Property by a Third Person. Whereas, L. M. claims to be the owner of, and have the right to the possession of certain personal property, to wit: [here describe it,] which has been taken by J. K., constable, in county, upon an execution issued by J. P., justice of the peace in and for the county of , upon a judgment obtained by A. B., plaintiff, against C. D., defendant: Now, therefore, we, A. B., plaintiff, E. F. and G. H., acknowledge ourselves bound unto the said J. K., constable, in the sum of dollars, to indemnify the said J. K. against such claim. A. B. E. F. G. H. |