§ 35A-1238. Clerk's liability. - North Carolina Statutes

§35A‑1238.  Clerk's liability.

(a)        If any clerkcommits the estate of a ward to the guardianship of any person without takinggood and sufficient bond for the same as required by law, the clerk shall beliable on his official bond, at the suit of the aggrieved party, for all lossand damages sustained for want of sufficient bond being taken; but if thesureties were good at the time of their being accepted, the clerk shall not beliable.

(b)        If any clerkwillfully or negligently does, or omits to do, any other act prohibited, orother duty imposed on him by law, by which act or omission the estate of anyward suffers damage, the clerk shall be liable on his official bond, at thesuit of the aggrieved party, for all loss and damages sustained from such act oromission. (1987, c. 550, s. 1.)