§ 23-25. Petition; before whom; notice; service. - North Carolina Statutes

§23‑25.  Petition; before whom; notice; service.

Every such person, havingremained in prison for 20 days, may apply by petition to the court where thejudgment against him was entered, praying to be brought before such court at atime and place to be named in the petition, and to be discharged upon takingthe oath hereinbefore prescribed. The applicant shall cause 10 days' notice ofthe time and place of filing the petition to be served on the sheriff or otherofficer by whom he was committed. In cases of conviction before a magistratethe clerk of the superior court of the county where the convicted personconfined for costs is, may administer the oath and discharge the prisoner. (1773,c. 100, s. 1, P.R.; 1808, c. 746, s. 2, P.R.; 1810, cc. 797, 802, P.R.; 1830,c. 33; 1838, c. 23; 1840, cc. 33, 34; 1852, c. 49; R.C., c. 59, s. 1; 1868‑9,c. 162, ss. 27, 28; 1873‑4, c. 90; 1874‑5, c. 11; Code, ss. 2968,2969; 1891, c. 195; Rev., s. 1916; C.S., s. 1633; 1971, c. 1190, s. 1.)