Edgecombe County, NC - State v. Isaac Dickenson, 1819

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A. being recognized in 800l. to appear, failed, and his recognizance was 
forfeited. Scire Facias issued against him to shew cause, "why execution 
should not issue for 800l. for a fine on a forfeited recognizance, in 
failing to appear, &c. Defendant pleaded "nul tiel record"; plea negatived 
and judgment for the State.

The defendant was recognized in the sum of eight hundred pounds to appear, 
at the Superior Court of Law for Edgecombe; and failing to appear, his 
recognizance was forfeited, and judgment nisi was entered against him. A 
scire facias was sued out, directed to the Sheriff of Wayne, commanding him 
"to make known to the defendant that he be and appear, &c., to shew cause 
why execution should not issue against him for the sum of eight hundred 
pounds for a fine on a forfeited recognizance in failing to make his personal 
appearance at March Term, &c., as he was bound to do." To this scire facias
the defendant pleaded nul tiel record. And it was submitted to this Court,
whether the record supports the scire facias.

Taylor, Chief-Justice: The word fine might well be left out, if it obscured
or confounded the sense of the scire facias; and it would then read "eight
hundred pounds on a forfeited recognizance." But if the word be retained,
it is not possible for the defendant to misapprehend the purport of the
scire facias, because the meaning intended to be affixed to the word, is
explained by what follows. When the state exhibits the record shewing that
the defendant's recognizance was forfeited, the fact affirmed in the scire
facias is substantially proved, and the plea of nul tiel record, negatived-
Let judgment be entered for the State.

Cited: S. v. Raiford, 13 N.C., 216


Source:
NC Reports
Pgs 14-15

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