23-40. Insolvent released on giving bond.
Every debtor entitled under the provisions of this chapter to discharge as an insolvent may, at the time of filing his application for a discharge or at any time afterwards, tender to the sheriff or other officer having his body in charge, a bond, with sufficient surety, in double the amount of the sum due any creditor or creditors at whose suit he was taken or charged, conditioned for the appearance of such debtor before the court where his petition is filed, at the hearing thereof, and to stand to and abide by the final order or decree of the court in the case. If such bond be satisfactory to the sheriff, he shall forthwith release such debtor from custody. (R.C., c. 59, s. 27; 1868-9, c. 162, s. 17; Code, s. 2958; Rev., s. 1936; C.S., s. 1648.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 23 - Debtor and Creditor
Article 5 - General Provisions under Articles 2, 3, and 4.
§ 23-39 - Superior or district court tries issue of fraud.
§ 23-40 - Insolvent released on giving bond.
§ 23-41 - Surety in bond may surrender principal.
§ 23-42 - Creditor liable for jail fees.
§ 23-43 - False swearing; penalty.