On the indenture being signed by the presiding judge of the court and by the master receiving such apprentice, the person thus bound shall be treated and regarded as an apprentice in all matters except education.

Code, s. 38. Defendant may not be put to work on roads: State v. Addington, 143-683; State v. Morgan, 141-726, overruling Myers v. Stafford, 114-234. Imprisonment for failure to obey order to maintain, or to give bond, valid: State v. Addington, 143-688; State v. Morgan, 141-726; State v. Nelson, 119-797; State v. Edwards, 110-512; State v. Palin, 63471. Discharged from imprisonment upon complying with section 1915 of the Revisal, see State v. Parsons, 115-730; State v. White, 125-674. Who can object, and how, to defendant's discharge as an insolvent, discussed in State v. Parsons, 115-730.

263. Procedure for legitimating bastards. The putative father of any illegitimate child may apply by petition in writing to the superior court of the county in which the father may reside, praying that such child may be declared legitimate; and if it shall appear that the petitioner is reputed the father of the child, the court may thereupon declare and pronounce the child legitimated; and the clerk shall record the decree.

Code, s. 39. Judgment of court upon subject of legitimation is conclusive: Craige v. Neely, 51-170. Marriage of father and mother in a state where children are legitimated thereby, effect on child's relation in other states: Fowler v. Fowler, 131-169.

264. Effects of legitimation. The effect of such legitimation shall extend no further than to impose upon the father all the obligations which fathers owe to their lawful children, and to enable the child to inherit from the father only his real estate, and also to entitle such child to the personal estate of his father, in the same manner as if he had been born in lawful wedlock; and in case of death and intestacy, the real and personal estate of such child shall be transmitted and distributed according to the statute of descents and distribution among those who would be his heirs and next of kin in case he had been born in lawful wedlock.

Code, s. 40. King v. Davis, 91-146. Effect of legislative private act passed at instance of father legitimating children and defining their rights, see Perry v. Newsome, 36-28; Drake v. Drake, 15-110.

CHAPTER 9.

BONDS.

I. MORTGAGE IN LIEU OF.

265. Fiduciary or official. Any administrator, executor, guardian, collector or receiver, or any officer required to give an official bond, or the agent or surety of such person or officer, may execute a mortgage on real estate, of the value of the bond required to be given by such administrator, executor, guardian, collector, receiver or officer, to the state of North Carolina, conditioned to the same effect as the bond should be, were the same given, with a power of sale, which power of sale may be executed by the clerk of the superior court, with whom said mortgage shall be deposited, upon a breach of any of the conditions of said mortgage, after advertisement for thirty days.

Code, s. 118; 1874-5, c. 103, s. 2. Administrator can not give mortgage on lands of intestate of whom he is heir: In re Sellars, 118-573. 266. Appearance; security for costs or fine. Any person required to give a bond or undertaking, or required to enter into a recognizance for his appearance at any court, in any criminal proceeding, or for the security of any costs or fine in any criminal action, may also execute a mortgage on real or personal property of the value of such bond or recognizance, payable to the state of North Carolina, conditioned as such bond or recognizance would be required, with power of sale, which power shall be executed by the clerk or justice of the peace in whose court said mortgage shall be executed, upon a breach of any of the conditions of said mortgage: Provided, that where such mortgage upon real property is executed before a justice of the peace the power of sale shall be enforced by the clerk of the court of the county in which the criminal proceeding is had: And provided further, that no such mortgage on real property executed for the security for costs or fine shall allow a longer time for payment of said costs or fine than six months from the execution thereof, and no mortgage on personal property a longer time than three months, except in cases of appeal, when the time allowed shall be counted from the date of the final decision in the cause: And provided further, that all legitimate expenses of sale, which shall only be made after due advertisement according to law, shall be paid out of the proceeds of the sale of the mortgaged property, as shall also the following fees, to-wit: For each sale of real property mortgaged under this section the clerk shall receive two dollars, and for each sale of personal property mortgaged under this section the clerk or justice of the peace who enforces the power of sale shall receive one dollar.

Code, s. 120; 1874-5, c. 103, s. 3; 1891, c. 425; ss. 1, 2, 3. Mortgage given may be foreclosed by motion, upon notice, in original action: Ryan v. Martin, 103-282. This section has no application in justices' courts: Comron v. Standland, 103-207. Kind of mortgage necessary to comply with statute; Eshon v. Commrs., 95-75. Referred to in State v. Jenkins, 121-642.

267. How cancelled; effect. Any mortgage given by any person in lieu of bond or undertaking or recognizance for his appearance at any court in any criminal proceeding, or for the security of any cost or fine in a criminal action, which has been registered, when the party made his appearance at the court to which he was bound and did not depart the court without leave, or paid the cost or fine required, may be cancelled or discharged by the clerk of the court of the county where such action was pending by entry of "satisfaction" upon the margin of the record where such mortgage is recorded, in the presence of the register of deeds or his deputy, who shall subscribe his name as a witness thereto, and such release shall have the effect to discharge and release all the right, title and interest of the state of North Carolina in and to the property described in such mortgage.

1905, c. 106.

268. Clerk superior court; depository of. In all cases where the clerk of the superior court may be required to give surety, he may deposit a mortgage with the register of deeds, payable to the state, and conditioned, as the bond would have been required, with power of sale. The power of sale shall be executed by the register of deeds, upon a breach of any of the conditions of said mortgage, and the register of deeds shall in all cases immediately register the same, at the expense of the said clerk.

Code, s. 122; 1874-5, c. 103, s. 6.

269. Prosecution. It shall be lawful for any person desiring to commence any civil action or special proceeding, or to defend the same, his agent or surety, to execute a mortgage on real estate of the value of the bond or undertaking, required to be given at the beginning of said action, or at any stage thereof, to the party to whom the bond or undertaking would be required to be made, conditioned to the same effect as such bond or undertaking, with power of sale, which power of sale may be executed upon a breach of any of the conditions of the said mortgage after advertisement for thirty days.

Code, s. 117; 1874-5, c. 103, s. 1. This section does not require, but simply allows, defendant to execute mortgage: Wilson v. Fowler, 104-471and has no application in justice's court, Comron v. Standland, 103-207. Whether can be given in lieu of appeal undertaking discussed in Eshon v. Commrs. 95-75.

270. Affidavit of value of property required. In all cases where a mortgage is executed, as hereinbefore permitted, it shall be the duty of the clerk of the court in which it is executed, or of the justice, to require an affidavit of the value of the property mortgaged to be made by at least one witness not interested in the matter, action or proceeding in which the mortgage is given. Code, s. 121; 1874-5, c. 103, s. 4.

271. Additional security required, when. If, from any cause, the property mortgaged in lieu of a bond shall become of less value than the amount of the bond in lieu of which the mortgage is given, and it shall so appear upon affidavit of any person having any interest in the matter as a security for which the mortgage was given, it shall be the duty of the mortgagor to give additional security by a deposit of money, or the execution of a mortgage on more property, or justify as required in cases where bond or undertaking is given.

Code, s. 119; 1874-5, c. 103, s. 5.

II. IN SURETY COMPANIES.

272. By state officers. All persons who are required to give bond to the state of North Carolina to be received by the governor or by any department of the state government shall, in lieu of personal security, be permitted to give as security for said bond and for the performance of the duties named in the said bond any indemnity or guaranty company authorized to do business in the state of North Carolina, subject to such regulations as the governor or department may prescribe, and with power in them to demand additional security at any time. Any person presenting any indemnity or guaranty company as surety shall accompany his bond with a statement of the insurance commissioner as to the condition of such company as required in this Revisal.

1901, c. 754. For certificate of solvency and insolvency, see sections 4802, 4803. For construction of surety bonds, see Blades v. Dewey, 136176; Bank of Tarboro v. Fid. Co., 128-366. What is reasonable notice to a surety company of default: Bank of Tarboro v. Fid. Dep. Co. 128-366. In action on bond, where burden of proof rests: Bank v. Fidelity Co., 126-320.

273. Municipal officers; fiduciaries; litigants, etc. Whenever, by the law of North Carolina, or by the regulation of any board, body or organization in this state, any bond, recognizance, obligation or undertaking is required of, permitted to be made, given, tendered or filed by any sheriff, clerk of a court, register of deeds, tax collector, treasurer, constable or coroner, mayor, clerk, police

man, weigher or standard keeper of any county, city, town or township in this state, or by any trustee, receiver, guardian, administrator, executor, assignee, or any other fiduciary, or party to a civil action or proceeding, either for the prosecution thereof or for any other purpose whatsoever in the course of the action, or by any officer of any town or city, conditioned for the doing or not doing of anything, in such bond, recognizance, obligation or undertaking specified, any and all clerks of the superior courts, municipal officers, boards, courts and judges, now or hereafter permitted to accept, approve or pass upon the sufficiency of such bond, recognizance, obligation or undertaking shall accept such bond, recognizance, obligation or undertaking, and approve the same, whenever the same is executed or the conditions thereof are guaranteed by a corporation of this or any other state licensed in this state, which corporation under its charter is authorized to act as guardian or other trustee, or to guarantee the fidelity of any persons holding places of public and private trusts, and to guarantee the performance of contracts, other than insurance policies, and to execute and guarantee bonds and undertakings required or permitted in actions or proceedings, as by law allowed. Whenever such bond, recognizance, obligation or undertaking is so required or permitted to be made, given, tendered or filed with one surety, or with two or more sureties, the execution of the same, or the guaranteeing of the performance of the condition thereof, shall be sufficient when executed or guaranteed solely by such company so authorized, and shall be in all respects a full and complete compliance with every requirement of every law, rule and regulation that such bond, recognizance, obligation or undertaking shall be executed by one surety or two sureties, and that such surety or sureties shall be residents or freeholders, and such bond, recognizance, obligation or undertaking shall be accepted and approved when executed by such company: Provided, the clerk of the superior court may have discretion as to the acceptance of any bond on which said company or companies may become sureties on the bonds of guardians, executors, administrators, assignees, or other fiduciary or any other party to a civil action or proceeding.

1895, c. 270; 1899, c. 54, s. 45; 1901, c. 706. For construction of surety bonds see under section 272.

274. How released from liability. Any company executing such bond, obligation or undertaking, may be released from its liability or security on the same terms as are or may be by law prescribed for the release of individuals upon any such bonds, obligations or undertakings.