§ 58-76-5. Liability and right of action on official bonds. - North Carolina Statutes

§58‑76‑5.  Liability and right of action on official bonds.

Every person injured by theneglect, misconduct, or misbehavior in office of any clerk of the superiorcourt, register, surveyor, sheriff, coroner, county treasurer, or otherofficer, may institute a suit or suits against said officer or any of them andtheir sureties upon their respective bonds for the due performance of theirduties in office in the name of the State, without any assignment thereof; andno such bond shall become void upon the first recovery, or if judgment is givenfor the defendant, but may be put in suit and prosecuted from time to timeuntil the whole penalty is recovered; and every such officer and the suretieson his official bond shall be liable to the person injured for all acts done bysaid officer by virtue or under color of his office. (1793,c. 384, s. 1, P.R.; 1825, c. 9, P.R.; 1833, c. 17; R.C., c. 78, s. 1; 1869‑70,c. 169, s. 10; Code, s. 1883; Rev., s. 281; C.S., s. 354; 1973, c. 108, s. 59;1997‑14, s. 2.)