State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-434

§1‑434.  Surrender of defendant.

At any time before finaljudgment against them, the bail may surrender the defendant in theirexoneration, or he may surrender  himself to the sheriff of the county where hewas arrested, in the following manner:

(1)        A certified copy ofthe undertaking of the bail shall be delivered to the sheriff, who shall detainthe defendant in his custody thereon, as upon an order of arrest, andacknowledge the surrender by a certificate in writing.

(2)        Upon the productionof a copy of the undertaking and sheriff's certificate, the court or judge may,upon a notice to the plaintiff of ten days, with a copy of the certificate,order that the bail be exonerated, and on filing the order and papers used onsaid application they shall be exonerated  accordingly. But this section doesnot apply to an arrest in  an action to recover the possession of personalproperty unjustly detained, so as to discharge the bail from an undertakinggiven to the effect provided by law to be given by defendant for the retentionof property, under the Article entitled Claim and Delivery. (C.C.P.,s. 158; Code, s. 300; Rev., s. 752; C.S., s. 792.)