1-434. Surrender of defendant.
At any time before final judgment against them, the bail may surrender the defendant in their exoneration, or he may surrender himself to the sheriff of the county where he was arrested, in the following manner:
(1) A certified copy of the undertaking of the bail shall be delivered to the sheriff, who shall detain the defendant in his custody thereon, as upon an order of arrest, and acknowledge the surrender by a certificate in writing.
(2) Upon the production of a copy of the undertaking and sheriff's certificate, the court or judge may, upon a notice to the plaintiff of ten days, with a copy of the certificate, order that the bail be exonerated, and on filing the order and papers used on said application they shall be exonerated accordingly. But this section does not apply to an arrest in an action to recover the possession of personal property unjustly detained, so as to discharge the bail from an undertaking given to the effect provided by law to be given by defendant for the retention of property, under the Article entitled Claim and Delivery. (C.C.P., s. 158; Code, s. 300; Rev., s. 752; C.S., s. 792.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-409 - Arrest only as herein prescribed.
§ 1-410 - In what cases arrest allowed.
§ 1-411 - Order and affidavit.
§ 1-412 - Undertaking before order.
§ 1-413 - Issuance and form of order.
§ 1-414 - Copies of affidavit and order to defendant.
§ 1-416 - Vacation of order for failure to serve.
§ 1-417 - Motion to vacate order; jury trial.
§ 1-418 - Counter affidavits by plaintiff.
§ 1-419 - How defendant discharged.
§ 1-420 - Defendant's undertaking.
§ 1-421 - Defendant's undertaking delivered to clerk; exception.
§ 1-422 - Notice of justification; new bail.
§ 1-423 - Qualifications of bail.
§ 1-424 - Justification of bail.
§ 1-426 - Deposit in lieu of bail.
§ 1-427 - Deposit paid into court; liability on sheriff's bond.
§ 1-428 - Bail substituted for deposit.
§ 1-429 - Deposit applied to plaintiff's judgment.
§ 1-430 - Defendant in jail, sheriff may take bail.
§ 1-431 - When sheriff liable as bail.
§ 1-432 - Action on sheriff's bond.
§ 1-434 - Surrender of defendant.
§ 1-435 - Bail may arrest defendant.
§ 1-436 - Proceedings against bail by motion.
§ 1-437 - Liability of bail to sheriff.