State v. . Houston

74 N.C. 549

Opinion

Reads, J.

It was competent for his Honor to authorize the sheriff or other person, to take the recognizance of the defendants for the appearance of the principal defendant at the next term, to answer the charge of the State against him, his Honor having fixed the amount of the recognizance. And although the recognizance authorized to be taken was put in flie form of a bond with conditions, signed and sealed by the defendants, yet it is valid as a recognizance.

The taking of a recognizance consists in making and attesting a memorandum of the acknowledgment of a debt due the State, and of the conditions on which it is to be defeated. State v. Edney, 2 Winst., 71.

There is no error. Let this be certified.

Pee Cdkiam. Judement affirmed.