1899_public laws_50_2
CHAPTER 49 An act to amend chapter one hundred and five of public laws of eighteen hundred and ninety-five. The General Assembly of North Carolina do enact :
That chapter one hundred and five, public laws of eighteen hundred and ninety-five, be and the same is hereby amended as follows: Strike out section two and put two in place of three in section three, and add to section one the following: At any time after a duly verified complaint is filed alleging facts sufficient to entitle plaintitf to the office, whether such complaint is filed at the beginning of the action or later, the plaintiff may, upon ten days notice to the defendant or his attorney of record, move before the resident judge ur the judge riding the district at chambers, to require the defendant to give said undertaking; and it shal] be the duty of the judge to require the defendant to give such undertaking within ten days, and if the undertaking shall not be so given, the judge shall render judgment in favor of plaintiff and against defendant for the recov ery of the office and the costs, and a judgment by default and inquiry to be executed at term for damages, including loss of fees and salary. Upon the filing of said judgment for the recovery of such office with the clerk, it shall be the duty of the clerk to issue and the sheriff to serve the necessary process to put plaintiff into possession of the office. In case defendant shall give the under. taking, the court, if judgment is rendered for plaintiff, shall ren. der judgment against the defendant and his sureties for costs and damages, including loss of fees and salary: Provided, that nothing herein shall prevent the judges extending, for cause, the time in which to give the undertaking.