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State vs Asbury. On a chance of vagrancy preferred under Paragraph No 4, genl order No 12, issued Augt 30th 1865, by Wager Swayne Brig. Gen'e and Asst Commissioner Bureau of Refugees etc.

In this case Prisoners civilize, names his discharge.

1st Because the covenant, which he is alledged to have broken, was made by authority of C.W. Buckley, asst cmr, who since its approval has issued an order releasing him from said contract.

2nd Because, there is nothing in the covenant signed by Prisoner, which makes him liable to any such penalty, or that imposed by paragraph No 4. genl order No 12 above specified.

3rd Because the state failed to show that Prisoner had any notice, of the existence of genl order No 12 &c.

4th Because, Paragraph No 4, genl order No 12, says that "any employer under this order" shall have the remedy therein prescribed, and as Dr W.C. Penrick is not "an employer under this order" [[strikethrough]] under [[/strikethrough]] (genl order No 12) he has no right to any of his remedies. But must avail himself of the remedies existing at the

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