COX was bound in a recognizance to appear at October Term, 1789, but did not appear, his recognizance was defaulted. *25Cox had been convicted at Fayetteville Superior Court of Law, of horse stealing, and suffered the punishment. He appeared this term, and an affidavit was offered, sworn to by himself, to induce the court to remit his recognizance, and was permitted to be read.
All the Judges present.