§ 58-72-1. Irregularities not to invalidate. - North Carolina Statutes

Article72.

Official Bonds.

§ 58‑72‑1. Irregularities not to invalidate.

When any instrument is takenby or received under the sanction of the board of county commissioners, or byany person or persons acting under or in virtue of any public authority, purportingto be a bond executed to the State for the performance of any duty belonging toany office or appointment, such instrument, notwithstanding any irregularity orinvalidity in the conferring of the office or making of the appointment, or anyvariance in the penalty or condition of the instrument from the provisionprescribed by law, shall be valid and may be put in suit in the name of theState for the benefit of the person injured by a breach of the conditionthereof, in the same manner as if the office had been duly conferred or theappointment duly made, and as if the penalty and condition of the instrumenthad conformed to the provisions of law: Provided, that no action shall besustained thereon because of a breach of any condition thereof or any part ofthe condition thereof which is contrary to law. (1842, c. 61; R.C., c. 78, s.9; 1869‑70, c. 169, s. 16; Code, s. 1891; Rev., s. 279; C.S., s. 324.)