State ex rel. Ferrand's Ex'rs v. Burcham, 33 N.C. 436, 11 Ired. 436 (1850)

Dec. 1850 · Supreme Court of North Carolina

33 N.C. 436, 11 Ired. 436

THE STATE TO THE USE OF FERRAND’S EX’RS vs. SHEPARD W. BURCHAM & AL.

When a constable is appointed by the County Court at May Term, his ap. pointment expires at the next February Term, which is the regular time prescribed by law for the qualification or appointment of constables.

The case of the State v Wilroy, 10 Ire. 330, cited and approved.

Appeal from the Superior Court of Law of Carteret County, at the Spring Term 1849, his Honor Judge Battle presiding.

J. II Bryan and J. W. Bryan, for the plaintiff.

No counsel for the defendants.

Pearson, J.

This was an action of debt upon a constable's bond.

The defendant, Burcham, was appointed constable at May term 1S43, (no appointment of constable for his district having been made at February Term.) The claim, for which this action is brought, was püt into his hands in March 1844. It was insisted, that Burcham’s term of office expired at February Court 1844, and it was so decided, and the plaintiff appealed. We concur in the opinion. February term is the time fixed on, by law, for the appointment of constables, and if one is appointed at a subsequent term, his term of office expires at the next February term.

This is the construction given to the statute in State v. Wilroy, 10 Ire. 330. There is no error in the judgment below.

Per Curiam. Judgment affirmed.