§ 58-74-5. Mortgage in lieu of security for appearance, costs, or fine. - North Carolina Statutes

§58‑74‑5.  Mortgage in lieu of security for appearance, costs, orfine.

Any person required to give abond or undertaking, or required to enter into a recognizance for hisappearance at any court, in any criminal proceeding, or for the security of anycosts or fine in any criminal action, may also execute a mortgage on real orpersonal property of the value of such bond or recognizance, payable to theState of North Carolina, conditioned as such bond or recognizance would berequired, with power of sale, which power shall be executed by the clerk inwhose court said mortgage is executed, upon a breach of any of the conditionsof said mortgage.

No such mortgage on realproperty executed for the security for costs or fine shall allow a longer timefor payment of said costs or fine than six months from the execution thereof,and no mortgage on personal property a longer time than three months, except incases of appeal, when the time allowed shall be counted from the date of thefinal decision in the cause.

All legitimate expenses ofsale, which shall only be made after due advertisement according to law, shallbe paid out of the proceeds of the sale. (1874‑5, c. 103, s. 3;Code, s. 120; 1891, c. 425, ss. 1, 2, 3; Rev., s. 266; C.S., s. 347; 1973, c.108, s. 57.)