921. Paid to persons entitled. The said clerks shall, on or before the first day of January in every year after the statements required in the foregoing sections are made, account with and pay to the persons entitled to receive the same all such balances reported as aforesaid to be in their hands.

Code, s. 1865; R. C., c. 73, s. 2; 1823, c. 1186, s. 2; 1831, c. 3, ss. 1, 3; 1893, c. 14, s. 1.

922. Fees of jurors and witnesses, when paid to treasurer. All moneys due jurors and witnesses which shall remain in the hands of any clerk of the superior court on the first day of January after the publication of a third annual report of the said clerk showing the same shall be turned over to the county treasurer for the use of the school fund of the county, and it shall be the duty of said clerk to indicate in his report any moneys so held by him for a period embracing the two annual reports.

1891, c. 580, s. 4; 1893, c. 14, s. 3.

923. Used by public till called for. The money aforesaid, while held by the clerks, shall be paid on application, to the persons entitled thereto; and after it shall cease to be so held, it may be used as other revenue, subject, however, to the claim of the rightful owner. Code, s. 1869; R. C., c. 73, s. 6; 1828, c. 41, s. 1.

924. Paid indigent children, when. Whenever any moneys less in amount than twenty dollars shall be paid into court for indigent or needy children for whom no one will become guardian, upon satisfactory proof of their necessities, the clerk may pay the same upon his own motion or order to the mother or other person who has charge of said minor or to some discreet neighbor of said minor to be used for the benefit or maintenance of said minor. Such person shall be solvent and shall faithfully apply any money so paid to him or her. The clerk shall take a receipt from the person to whom the same is paid and record it in a book entitled record of amounts paid for indigent children, and the same shall be a valid acquittance for said clerk.

1899, c. 82.

NOTE. For duties as to process, sce Civil Procedure.

For duties as to wrecked or stranded property, see Wrecks.

For qualification of notaries public, see s. 2348.

For liability in relation to guardian bonds, see ss. 1784, 1785.

CHAPTER 14.

COMMISSIONERS OF AFFIDAVITS.

(Sections 925—931.)

925. Clerks and notaries authorized to take affidavits. The clerks of the supreme and superior courts and notaries public are authorized to take and certify affidavits to be used before any justice of the peace, judge or court of the state; and the affidavits so taken by a clerk shall be certified under the hands of the said clerk, and if to be used out of the county where taken, also under the seal of the court of which they are respectively clerks, and, if by a notary,

under his notarial seal.

Code, s. 631.

926. Governor appoints; term of office; powers. The governor is hereby authorized to appoint and commission one or more commissioners in any foreign country, state or republic; and in such of the states of the United States, or in the District of Columbia, or any of the territories, colonies or dependencies as he may deem expedient, who shall continue in office for two years from the date of their appointment, unless sooner removed by the governor, and shall have authority to take the acknowledgment or proof of any deed, mortgage or other conveyance of lands, tenements, or hereditaments lying in this state, and to take the private examination of married women, parties thereto, or any other writings to be used in this state. And such acknowledgment or proof, taken or made in the manner directed by the laws of this state, and certified by the commissioner shall have the same force and effect for all purposes, as if the same had been made or taken before any competent authority in this state. Code, s. 632.

927. How qualify; may administer oaths, take depositions, affidavits, etc. Every commissioner appointed by the governor aforesaid, before he shall proceed to perform any duty by virtue of this chapter, shall take and subscribe an oath before a justice of the peace in the city or county in which such commissioner shall reside well and faithfully to execute and perform all the duties of such commissioner, according to the laws of North Carolina; which oath shall be filed in the office of the secretary of state. And thereupon he shall have full power and authority to administer an oath or

affirmation to any person, who shall be willing or desirous to make such oath or affirmation before him, and to take depositions and tɔ examine the witnesses under any commission emanating from the courts of this state, relating to any cause depending, or to be brought in said courts, and every deposition, affidavit, or affirmation made before him shall be as valid as if taken before any proper officer in this state.

Code, s. 633.

928. Appointments, where recorded; certified copies evidence. It shall be the duty of the governor to cause to be recorded by the secretary of state the names of the persons who are appointed and qualified as commissioners, and for what state, territory, county, city, or town; and the secretary of state, when the oath of the commissioner shall be filed in his office, shall forthwith certify the appointment to the several clerks of the superior courts of the state, who shall record the certificate of the secretary at length; and all removals of commissioners by the governor, and all commissioners whose commissions have expired by law, and which have not been renewed, shall be recorded and certified in like manner; and a certified copy thereof from the clerk, or a certificate of the appointment or removal aforesaid from the secretary of state, shall be sufficient evidence of the appointment or removal of such commissioner. Code, s. 634.

929. Secretary of state to prepare and publish list in public laws. The secretary of state shall prepare and cause to be printed in each volume of the public laws a list of all persons who since the preceding publication in the public laws have been appointed commissioners of affidavits and to take the probate of deeds in any foreign country and in the several states and territories of the United States and in the District of Columbia, under this chapter, setting forth the states, territory or district or foreign country for which such persons were appointed and the dates of their respective appointments and term of office; and he shall add to each of said lists a list of all those persons whose appointments have been renewed, revoked, or have resigned, removed or died since the date of the list previously published, as far as the same may be known to him, with the dates of such revocation, resignation, removal or death.

Code, ss. 635, 636, 637, 639.

930. Published list conclusive evidence. The list of commissioners so published in any volume of the public laws shall be conclusive evidence in all courts of the appointments therein stated, and of the dates thereof.

Code, s. 638.

931. Clerks of courts of record in other states, commissioners of deeds. Every clerk of a court of record in any other state shall have full power as a commissioner of affidavits and deeds as is vested in regularly appointed commissioners of affidavits and deeds for this

state.

Code, s. 640.

NOTE. For powers as to probate of deeds, see ss. 989-991.

CHAPTER 15.

COMMON LAW.

(Section 932.)

932. Common law declared to be in force. All such parts of the common law as were heretofore in force and use within this state, or so much of the common law as is not destructive of, or repugnant to, or inconsistent with, the freedom and independence of this state. and the form of government therein established, and which has not been otherwise provided for in whole or in part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force within this state.

Code, s. 641; R. C., c. 22; 1715, c. 5, ss. 2, 3; 1778, c. 133.

CHAPTER 16.

CONSTABLES.

(Sections 933-938.)

933. How elected. In each township there shall be a constable, elected by the voters thereof, who shall hold his office for two years. Const., Art. IV, s. 24.

934. Oath of office to be taken. All constables, before they shall be qualified to act, shall take before the board of county commissioners the oaths prescribed for public officers, and also an oath of office.

935. Special constables appointed by justices. For the better executing any precept or mandate in extraordinary cases, any justice of the peace may direct the same in the absence of, or for want of a constable, to any person not being a party, who shall be obliged to execute the same, under like penalty that any constable would be liable to.

Code, s. 645.

936. Vacancies filled by board of commissioners. Upon the death, failure to qualify or removal of any constable out of the township in which he was elected or appointed constable, the board of commissioners may appoint another person to fill the vacancy, who shall be qualified and act until the next election of constables. Code, s. 646; R. C., c. 24, s. 6.

937. Powers and duties. Constables are hereby invested with, and may execute the same power and authority as they have been by law heretofore vested with, and have executed; and, in discharge of their duties, they shall execute all precepts and processes of whatever nature to them directed by any justice of the peace or other competent authority within their county or upon any bay, river, or creek adjoining thereto; and the said precepts and processes shall be returned to the magistrate, or other proper authority. Code, s. 643; R. C., c. 24, s. 9.

938. Shall execute notices within justice's jurisdiction. Constables shall likewise execute, within the places aforesaid, all notices tendered to them, which are required by law to be given for the commencement, or in the prosecution of any cause before a justice of the peace; and the service thereof shall be made by delivering a copy to the person to be notified or by leaving a copy at his usual place of abode, if in the jurisdiction of the constable, which service, with the time thereof, he shall return on the notice, and such return shall be evidence of its service. On demand they shall deliver the notice to the party at whose instance it was issued.

Code, s. 644; R. C., c. 24, s. 10.

See also, s. 439.