§ 162-32. Bond of prisoner committed on capias in civil action. - North Carolina Statutes

§ 162‑32.  Bond ofprisoner committed on capias in civil action.

Every bond given by any person committed in arrest and bail, or incustody after final judgment, shall be assigned by the sheriff to the party atwhose instance such person was committed to jail, and shall be returned to theoffice of the clerk of the court where the judgment was rendered, and shallhave the force of a judgment. If any person who obtains the rules of anyprison, as aforesaid, escapes out of the same before he has paid the debt ordamages and costs according to the condition of his bond, the court where thebond is filed, upon motion of the assignee thereof, shall award executionagainst such person and his sureties for the debt or damages and costs, withinterest from the time of escape till payment, and no person committed to jailon such execution shall be allowed the rules of prison: Provided, the obligorshave ten days' previous notice of such motion, in writing; but they shall notbe admitted to deny the making of the bond in their answer, unless by affidavitthey prove the truth of the plea. (1759, c. 65, ss. 2, 3, P.R.; R.C., c. 87, s. 14; Code, s. 3469; Rev.,s. 1341; C.S., s. 1345; 1973, c. 822, s. 3.)