Opinion
January Term, 1819.
From Edgecombe.
A. being recognized in 8001. to appear, failed, and his recognizance was forfeited. Scire Facias issued against him to shew cause, "why execution should not issue for 800 l. for a fine on a forfeited recognizance, in failing to appear, c. Defendant pleaded "nul tiel record"; plea negatived and judgment for the State.
The defendant was recognized in the sum of eight hundred pounds to appear, at the Superior Court of Law for EDGECOMBE; and failing to appear, his recognizance was forfeited, and judgment nisi was entered against him. A scire facias was sued out, directed to the Sheriff of Wayne, commanding him "to make known to the defendant that he be and appear, c., to shew cause why execution should not issue against him for the sum of eight hundred pounds for a fine on a forfeited recognizance in failing to make his personal appearance at March Term, c., as he was bound to do." To this scire facias the defendant pleaded nul tiel record. And it was submitted to this Court, whether the record supports the scire facias.
The word fine might well be left out, if it obscured or confounded the sense of the scire facias; and it would then read " eight hundred pounds on a forfeited recognizance." But if the word be retained, it is not possible for the defendant to misapprehend (11) the purport of the scire facias, because the meaning intended to be affixed to the word, is explained by what follows. When the state exhibits the record shewing that the defendant's recognizance was forfeited, the fact affirmed in the scire facias is substantially proved, and the plea of nul tiel record, negatived — Let judgment be entered for the State.
Cited: S. v. Raiford, 13 N.C. 216.
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