§ 58-71-10. Defects not to invalidate undertakings; liability not affected by agreement or lack of qualifications. - North Carolina Statutes

§ 58‑71‑10. Defects not to invalidate undertakings; liability not affected by agreement orlack of qualifications.

(a)        No undertakingshall be invalid because of any defect of form, omission or recital or ofcondition, failure to note or record the default of any principal or surety, orbecause of any other irregularity, if it appears from the tenor of theundertaking before what magistrate or at what court the principal was bound toappear, and that the official before whom it was entered into was legallyauthorized to take it and the amount of bail is stated.

(b)        The liability of aperson on an undertaking shall not be affected by reason of the lack of anyqualifications, sufficiency or competency provided in the criminal procedurelaw, or by reason of any other agreement whether or not the agreement isexpressed in the undertaking, or because the defendant has not joined in theundertaking. (1963,c. 1225, s. 3; 1975, c. 619, s. 1; 2001‑269, s. 2.2.)