person who has forfeited his recognizance or upon whom the fine has been imposed, and his sureties.

Code, s. 1208; R. C., c. 35, s. 43; 1777, c. 115, s. 48.

Sec. 883 (3218). What notice to contain.

When any recognizance, acknowledged by a principal and sureties, shall be forfeited by two or more of the recognizers, the notice issued thereon shall be jointly against them all, designating which of them are principals and which sureties, and when they are bound in different sums, stating the amount forfeited by each one, and the clerk shall have no greater fee on such notice than is due when it is issued against one defendant.

Code, s. 1209; R. C., c. 35, s. 44; 1812, c. 836, s. 1.

Sec. 884 (3219). How notices executed.

All notices issuing upon forfeited recognizances shall be executed by leaving a copy with each of the defendants, or at his present place of abode. And in case he can not be found, and has no known place of abode, and the matter be returned, then a notice shall issue, and on the like return the same shall be deemed duly served.

Code, s. 1210; R. C., c. 35, s. 45; 1812, c. 836, s. 2.

Sec. 885 (3220). Judges may remit forfeited recognizances.

The judges of the superior courts may hear and determine the petition of all persons, who shall conceive they merit relief on their recognizances forfeited; and may lessen, or absolutely remit, the same, and do all and anything therein as they shall deem just and right and consistent with the welfare of the state, and the persons praying such relief, as well before as after final judg ment entered and execution awarded.

Code, s. 1205; R. C., c. 35, s. 38; 1788, c. 292, s. 1.

Sec. 886 (3221). Clerk to refund, when.

The clerk of the superior court, on the remission of any forfeited recognizance which has been paid into his office, shall refund the same, or so much thereof as shall be remitted.

Code, s. 1206; R. C., c. 35, s. 39; 1795, c. 442, s. 1.

Sec. 887 (3222). Treasurer to refund, when.

If the money has been paid to the county treasurer, he shall refund it to the person entitled, on his producing an attested copy of the record from the clerk of the court, certifying that such

recognizance hath been remitted or lessened, signed with his own proper name, with the seal of the court affixed thereto.

Code, s. 1207; R. C., c. 35, s. 40; 1795, c. 442, s. 2.

Sec. 888 (3223). Upon failure to appear before justice, judgment nisi; notice to sureties.

On the failure of the accused to appear at the time and place mentioned in any bond taken by any justice of the peace for a continuance of any cause pending before him, and answer the charge, or, having appeared, shall depart the court without leave thereof first had and obtained, it shall be the duty of the said justice of the peace then presiding to enter judgment nisi against the principal and his sureties in said bond for the amount mentioned therein: Provided, the sum does not exceed the sum of two hundred dollars; and immediately issue notice to the principal and the sureties in said bond, giving ten days' time, specifying time and place, to appear and show cause, if any they have, why the said judgment nisi shall not be made final.

1889, c. 133, s. 2.

Sec. 889 (3224). Judgment final, when rendered.

If the defendant shall fail to appear and show satisfactory reasons for not complying with the provisions of said bond, it shall then be the duty of the justice of the peace to render a final judg ment thereon for the amount of the same, and immediately make and transmit to the clerk of the superior court a transcript thereof, which shall be entered upon the judgment docket of said court, and the clerk shall issue execution on said final judgment against the principal and his sureties for the collection of the amount thereof as in other judgments in behalf of the state.

1889, c. 133, s. 3.

Sec. 890 (3225). When bond exceeds two hundred dollars, procedure.

If the bond aforesaid shall exceed the sum of two hundred dollars, and the accused shall fail to appear as therein provided to answer the charge, or, having appeared, shall depart the court without leave first had and obtained, it shall be the duty of the said justice to have the accused called, and enter upon the bond that the defendant was called and failed to answer, and immediately return the original papers in the case, together with the bond, to the clerk of the court having jurisdiction to try such action, who shall immediately enter the case upon the criminal docket of his court, and enter judgment nisi for the amount of the said bond, and issue

notice to the accused and his sureties to appear at the next term of said court to show cause why said judgment should not be made final and proceeded in as other cases of forfeited bonds in behalf of the state in said court. The entry on said bond by the justice. of the peace shall be prima facie evidence that the principal therein had been called and failed to answer. Nothing in this section shall be so construed as to prevent justices of the peace from remitting the penalty of the bond or the right of appeal from the justice of the peace to the superior court by the defendant or his surety.

1889, c. 133, s. 4.

Sec. 891 (3211). Recognizance to be filed with clerk.

Whenever any prisoner shall be bailed by any officer under the preceding section, such officer shall immediately cause the recognizance taken by him to be filed with the clerk of the superior court of the county to which the prisoner is recognized.

Code, s. 1162; 1868-9, c. 178, subc. 3, s. 31.

Sec. 892 (3232). Of witnesses.

If any witness so required to enter into a recognizance, either with or without sureties, shall refuse to comply with such order, it shall be the duty of such magistrate to commit him to prison until he shall comply with such order, or be otherwise discharged according to law.

Code, s. 1155; 1868-9, c. 178, subc. 3, s. 24.

REFORMATORY.

SECTION 1. That Mrs. May Anna Jackson, Maggie S. Burgwyn, Miss Easdale Shaw, Mrs. W. Faison and eleven others, trustees, and their successors, be and they are hereby incorporated under the name and style of the Stonewall Jackson Manual Training and Industrial School, by which name they may sue and be sued, plead and be impleaded, hold, use and sell and convey real estate, receive gifts and donations and appropriations, and do all other things necessary and requisite for the purposes of its organization as hereinafter specified.

SEC. 2. That the said trustees are empowered to purchase at some suitable and convenient point in this state not less than

one hundred acres nor more than five hundred acres of land whereon to erect and operate a school for the training and moral and industrial development of the criminally delinquent children of the state, and when such school shall have been organized the said trustees may in their discretion receive therein such delinquent and criminal children under the age of sixteen years as may be sent or committed thereto under any order or commitment by the judges of the superior courts or the recorders or other presiding officers of the city or criminal courts, and shall have the sole right and authority to keep, restrain and control them during their minority, or until such time as they shall deem proper for their discharge, under such proper and humane rules and regulations as may be adopted by said trustees.

SEC. 3. That it shall be the duty of the governor, when said reformatory or school is ready to receive inmates, to make proclamation thereof, and the judges of the superior courts, recorders or other presiding officers of the city or ciminal courts of this State, shall have authority, and it shall be their duty, to sentence to said. school all persons under the age of sixteen years convicted upon indictment in any court of this state of any violation of the criminal laws: Provided, that such judge shall be of the opinion that it would be best for such person, and the community in which such person may be convicted, that such person should be so sentenced.

1907 c. 509.

REFUSING TO ASSIST OFFICER.

See also ARREST.

In an indictment for refusing to assist an officer in securing a prisoner it is not sufficient to allege that this was an arrest by lawful authority; the authority to arrest must be set out in the indictment. Shaw, 25 (3 Ired.), 20.

REGISTER OF DEEDS.

Sec. 893 (3599). Register of deeds failing to discharge duties.

If any register of deeds fails to perform any of the duties imposed or authorized by law, he shall be guilty of a misdemeanor. and besides other punishments at the discretion of the court, he shall be removed from office.

Code, s. 3659; 1868, c. 35, s. 18.

Sec. 894 (3600). Register of deeds failing to index instruments.

If any register of deeds shall fail to provide and keep in his office full and complete alphabetical indexes of the names of the parties to all liens, grants, deeds, mortgages, bonds and other instruments of writing required to be registered (said indexes to be kept in well-bound books, and shall state in full the names of all the parties, whether grantors, grantees, vendors, vendees, obligors or obligees, and shall be indexed and cross-indexed, so as to show the name of each party under the appropriate letter of the alphabet, and reference shall be made opposite each name to the page, title or number of the book in which is registered any such lien, deed, bond, conveyance or other instrument), or shall fail within twentyfour hours after registering any such instrument to index the same as above provided, he shall be guilty of a misdemeanor. Code, s. 3664; 1899, c. 501; 1876-7, c. 93, s. 1.

REMOVAL OF CAUSES.

REMOVAL TO FEDERAL COURT.-The act of congress, U. S. Rev. St., sec. 643, authorizing the removal of criminal cases from a state court to the United States courts is constitutional. Hoskins, 77–530.

Where defendant, indicted for assault and battery, makes affidavit that he was a revenue officer of the United States, and that the alleged offense was committed under color of his office, and prays the removal of his case to the United States circuit court, it is proper to stay further proceedings in the state court. Hoskins, 77-530.

Where it appears from the affidavit of a person of color, charged with a capital offense, that he can not have the full and equal benefit of the laws and proceedings for the security of person and property as is enjoyed by white citizens, and that his rights can not be enforced in the state courts, the state courts will suspend further proceedings in the cause until certified of the action of the circuit court of the United States under the act of congress, March 3, 1863. Dunlap, 65-491.

Statutes depriving courts of jurisdiction once attached are strictly construed, and every requirement of such statute must be met before the court will yield its jurisdiction. Sullivan, 110-513.

The jurisdiction of state courts over the persons and subject-matter enumerated in the act of congress (Rev. St., sec. 643) does not cease upon the filing of the petition for removal in the circuit court; that result follows only when the petition setting forth the facts required by the statute has been duly filed, and the appropriate writ has been issued and made known to the state court. Sullivan, 110-513.

The filing of the petition for removal and issuing of the writ are judicial acts which can not, in the absence of statutory authority, be performed by a deputy clerk. Sullivan, 110-513.

It is only where the act complained of is an official act, or done under color of office, that a federal officer is entitled to have his case removed to the federal court. Hoskins, 77-547.