State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-477

§1‑477.  Exceptions to undertaking; liability of sheriff.

The defendant may, withinthree days after the service of a copy of the affidavit and undertaking, notifythe sheriff personally, or by leaving a copy at his office in the county seatof the county, that he excepts to the sufficiency of the sureties. If he failsto do so, he is deemed to have waived all objection to them. When the defendantexcepts, the sureties must justify on notice, in like manner as upon bail onarrest. The sheriff is responsible for the sufficiency of the sureties untilthe objection to them is either waived as above  provided, or until theyjustify, or until new sureties are substituted and justify. If the defendantexcepts to the sureties he cannot reclaim the property as provided in thesucceeding section [G.S. 1‑ 478]. (C.C.P., s. 180; Code, s.325; Rev., s. 794; C.S., s. 835.)