Where the only record of the appointment and qualification of a constable was in the following words, to wit, "James R. McMinn appeared in court and filed his bond as constable, for the County of Henderson for one year and was duly sworn": Held, that under the act of 1844, curing defects in the official bonds of certain officers therein named, this was sufficient evidence of the appointment of the constable and of his having qualified and given bond.
DANIEL, J.
It is very certain that the objection would have been held good had it not been for the act of the General Assembly at its Session of 1844-5, curing defects in the official bonds of certain officers therein named. The circumstance that the constable's bond was taken by a court composed of only three magistrates makes no difference, since the passage of the aforesaid act of Assembly. S. v. Pool, 27 N.C. 105.
PER CURIAM. Judgment affirmed.
Cited: Comrs. v. Magnin, 86 N.C. 289.
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