§ 23-20 – Duties of trustee; accounting; oath.
23-20. Duties of trustee; accounting; oath. The trustee of the imprisoned debtor shall pay his debts pro rata. After paying such debts, the trustee shall apply the surplus, from time to time, to the support of the wife and children of the debtor, under the direction of the superior court. When the imprisoned debtor is […]
§ 23-21 – Court may appoint several trustees.
23-21. Court may appoint several trustees. The court has power, when deemed necessary, to appoint more than one person trustee under this chapter; but in reference to the rights, authorities and duties conferred herein, all such trustees shall be deemed one person in law. (1868-9, c. 162, s. 47; Code, s. 2980; Rev., s. 1948; […]
§ 23-22 – Court may remove trustee and appoint successor.
23-22. Court may remove trustee and appoint successor. In case of the death, removal, resignation or other disability of a trustee, the court making the appointment may from time to time supply the vacancy; and all proceedings may be continued by the successor in office in like manner as in the first instance. (1868-9, c. […]
§ 23-23 – Insolvent debtor's oath.
23-23. Insolvent debtor’s oath. Prisoners in order to be entitled to discharge from imprisonment under the provisions of this article shall take the following oath: I, ______________, do solemnly swear (or affirm) that I have not the worth of fifty dollars in any worldly substance, in debts, money or otherwise whatsoever, and that I have […]
§ 23-24 – Persons imprisoned for nonpayment of costs in criminal cases.
23-24. Persons imprisoned for nonpayment of costs in criminal cases. The following persons may be discharged from imprisonment upon complying with this article and G.S. 153-194: Every person committed for the fine and costs of any criminal prosecution. (1773, c. 100, s. 1, P.R.; 1808, c. 746, s. 2, P.R.; 1810, cc. 797, 802, P.R.; […]
§ 23-25 – Petition; before whom; notice; service.
23-25. Petition; before whom; notice; service. Every such person, having remained in prison for 20 days, may apply by petition to the court where the judgment against him was entered, praying to be brought before such court at a time and place to be named in the petition, and to be discharged upon taking the […]
§ 23-26 – Warrant issued for prisoner.
23-26. Warrant issued for prisoner. The clerk of the superior court before whom such petition is presented shall forthwith issue a warrant to the sheriff, or keeper of the prison, requiring him to bring the prisoner before the court, at the time and place named for the hearing of the case, which warrant every such […]
§ 23-27 – Proceeding on application.
23-27. Proceeding on application. At the hearing of the petition, if the prisoner has no visible estate, and takes and subscribes the oath or affirmation prescribed in this Article, the clerk of the superior court before whom he is brought, shall administer the oath or affirmation to him, and discharge him from imprisonment, of which […]
§ 23-28 – Suggestion of fraud.
23-28. Suggestion of fraud. The chairman of the board of commissioners, and every officer interested in the fee bill taxed against such prisoner, may oppose his taking the insolvent debtor’s oath above prescribed, and file particulars of the suggestion in writing, in the court where the same shall stand for trial as prescribed in this […]
§ 23-29 – Persons taken in arrest and bail proceedings, or in execution.
23-29. Persons taken in arrest and bail proceedings, or in execution. The following persons also are entitled to the benefit of this article as hereinafter provided: (1) Every person taken or charged on any order of arrest for default of bail, or on surrender of bail in any action. (2) Every person taken or charged […]