reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-155 - Bondsman to furnish power of attorney with securities.

§ 58-71-155. Bondsman to furnish power of attorney with securities.
With the securities deposited with the Commissioner, the professional bondsman shall at the same time deliver to the Commissioner of Insurance a power of attorney, on a form supplied by the Commissioner, executed and acknowledged by the professional bondsman authorizing the sale or transfer of said securities or any part thereof. The power of attorney shall read as follows:
KNOW ALL MEN BY THESE PRESENTS, That ______________, a professional bondsman, located in the County of __________, in the State of _______________, has authorized and appointed for himself, his successors, heirs and assigns, the Commissioner of Insurance of the State of North Carolina, in the name and in behalf of said professional bondsman, his true and lawful attorney to sell or transfer any securities deposited or that may be deposited, by said professional bondsman with said Commissioner, under the laws and regulations requiring a deposit of securities to be made by professional bondsmen doing business in the State of North Carolina, insofar as the sale or transfer is deemed necessary by the Commissioner of Insurance to pay any liability arising under a bond which purports to be given by the undersigned bondsman in any county in this State and execution has been issued against said bondsman pursuant to a judgment on the bond and the same has not been satisfied. The securities so deposited are to be held in trust by the Commissioner for the sole protection and benefit of the holder of bail bonds executed by, or on behalf of, the undersigned bondsman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this ______ day of ______________, ______.
Professional Bondsman
Before me, a Notary Public in and for the State of ________________ personally appeared _________________, a professional bondsman who acknowledged that he executed the foregoing power of attorney.
WITNESS my hand and Notarial Seal, this ______ day of _____________, ______.
Notary Public
My Commission Expires: _____________________
(1975, c. 619, s. 1; 1999-456, s. 59.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-160 - Security deposit to be maintained.

§ 58-71-160. Security deposit to be maintained.
(a) Any professional bondsman, whose security deposits with the Commissioner are, for any reason, reduced in value below the requirements of this Article, shall immediately upon receipt of a notice of deficiency from the Commissioner deposit such additional securities as are necessary to comply with the law. No professional bondsman shall sign, endorse, execute, or become surety on any additional bail bonds, or pledge or deposit any cash, check, or other security of any nature in lieu of a bail bond in any county in North Carolina until the professional bondsman has made such additional deposit of securities as required by the notice of deficiency.
(b) The Commissioner may deny the renewal of any license held by a professional bondsman under this Chapter or may deny the issuance of any license applied for by a professional bondsman under this Chapter if, at the time of the renewal application or license application, the professional bondsman has not complied with a notice of deficiency under subsection (a) of this section. The Commissioner may issue the renewal license or the new license upon compliance by the professional bondsman with the notice of deficiency. (1975, c. 619, s. 1; 2001-269, s. 2.7.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-165 - Report required.

§ 58-71-165. Report required.
(a) Each professional bail bondsman shall file with the Commissioner a written report in a form prescribed by the Commissioner regarding all bail bonds on which the bondsman is liable as of the first day of each month showing (i) each individual bonded, (ii) the date the bond was given, (iii) the principal sum of the bond, (iv) the court file or docket number for the principal's court obligation, (v) the fee charged for the bonding service in each instance, and (vi) the certificate seal number for each bond issued.
(b) Each insurer that appoints surety bondsmen in this State shall file with the Commissioner a written report in a form adopted by the Commissioner regarding all bail bonds on which the insurer is liable as of the last day of each calendar quarter showing the total dollar amount for which the insurer is liable. The report shall be filed on or before the fifteenth day following the end of each calendar quarter.
(c) The reports required by subsection (a) of this section shall be filed on or before the fifteenth day of each month.
(d) Any person who knowingly and willfully falsifies a report required by this section is guilty of a Class I felony. (1975, c. 619, s. 1; 1989, c. 485, s. 43; 1991, c. 644, s. 20; 1993, c. 539, s. 1276; 1994, Ex. Sess., c. 24, s. 14(c); 1998-211, s. 27; 2007-484, s. 44.5; 2007-507, s. 14; 2019-179, s. 7(c).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-167 - Portion of bond premium payments deferred.

§ 58-71-167. Portion of bond premium payments deferred.
(a) In any case where the agreement between principal and surety calls for some portion of the bond premium payments to be deferred or paid after the defendant has been released from custody, a written memorandum of agreement between the principal and surety shall be kept on file by the surety with a copy provided to the principal. The memorandum shall contain the following information:
(1) The amount of the premium payment deferred or not yet paid at the time the defendant is released from jail.
(2) The method and schedule of payment to be made by the defendant to the bondsman, which shall include the dates of payment and amount to be paid on each date.
(3) That the principal is entitled to a copy of the memorandum.
(b) The memorandum must be signed by the defendant and the bondsman, or one of the bondsman's agents, and dated at the time the agreement is made. Any subsequent modifications of the memorandum must be in writing, signed, dated, and kept on file by the surety, with a copy provided to the principal. (1991, c. 644, s. 22; 2019-179, s. 7(d).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-168 - Records to be maintained.

§ 58-71-168. Records to be maintained.
All records related to executing bail bonds, including bail bond registers, monthly reports, receipts, collateral security agreements, and memoranda of agreements, shall be kept separate from records of any other business and must be maintained for not less than three years after the final entry has been made. (1991, c. 644, s. 22.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-170 - Examinations.

§ 58-71-170. Examinations.
(a) Whenever the Commissioner considers it prudent, the Commissioner shall visit and examine or cause to be visited and examined by a competent person appointed by the Commissioner for that purpose any professional bail bondsman, surety bondsman, or runner subject to this Article. For this purpose the Commissioner or person making the examination shall have free access to all records of the licensee that relate to the licensee's business and to the records kept by any of the licensee's agents.
(b) The Commissioner may conduct examinations of surety bondsmen under G.S. 58-2-195 as well as under subsection (a) of this section. (1975, c. 619, s. 1; 1991, c. 644, s. 21; 2001-269, s. 2.8.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-175 - Limit on principal amount of bond to be written by professional bondsman.

§ 58-71-175. Limit on principal amount of bond to be written by professional bondsman.
No professional bondsman shall become liable on any bond or multiple of bonds for any one individual that totals more than one-fourth of the value of the securities deposited with the Commissioner at that time, until final termination of liability on such bond or multiple of bonds. (1975, c. 619, s. 1; 1987, c. 728, s. 3; 1989, c. 485, s. 42.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-180 - Disposition of fees.

§ 58-71-180. Disposition of fees.
Fees collected by the Commissioner pursuant to this Article shall be credited to the Insurance Regulatory Fund created under G.S. 58-6-25. (1963, c. 1225, s. 32; 1975, c. 619, s. 1; 1991, c. 689, s. 294; 2003-221, s. 9.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-185 - Penalties for violations.

§ 58-71-185. Penalties for violations.
Except as otherwise provided in this Article, any person who violates any of the provisions of this Article is guilty of a Class 1 misdemeanor. (1963, c. 1225, s. 33; 1975, c. 619, s. 1; 1991, c. 644, s. 19; 1993, c. 539, s. 473; 1994, Ex. Sess., c. 24, s. 14(c); 2000-180, s. 9.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-190 - Duplication of regulation forbidden.

§ 58-71-190. Duplication of regulation forbidden.
No county, city or town in this State shall license or levy a license tax on bail bondsmen nor require such bondsmen to deposit collateral security as a condition for continuing to write bail bonds. (1975, c. 619, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 71 - Bail Bondsmen and Runners. › § 58-71-195 - Conflicting laws.

§ 58-71-195. Conflicting laws.
Section 41.1 of Chapter 105 of the General Statutes of North Carolina and all laws and clauses of laws in conflict with the provisions of the Chapter are hereby repealed. Provided, however, that in the event of any conflict between the provisions of this Chapter and those of Chapter 15A of the General Statutes of North Carolina, the provisions of Chapter 15A shall control and continue in full force and effect. (1975, c. 619, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-1 - Irregularities not to invalidate.

§ 58-72-1. Irregularities not to invalidate.
When any instrument is taken by or received under the sanction of the board of county commissioners, or by any person or persons acting under or in virtue of any public authority, purporting to be a bond executed to the State for the performance of any duty belonging to any office or appointment, such instrument, notwithstanding any irregularity or invalidity in the conferring of the office or making of the appointment, or any variance in the penalty or condition of the instrument from the provision prescribed by law, shall be valid and may be put in suit in the name of the State for the benefit of the person injured by a breach of the condition thereof, in the same manner as if the office had been duly conferred or the appointment duly made, and as if the penalty and condition of the instrument had conformed to the provisions of law: Provided, that no action shall be sustained thereon because of a breach of any condition thereof or any part of the 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.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-5 - Penalty for officer acting without bond.

§ 58-72-5. Penalty for officer acting without bond.
Every person or officer of whom an official bond is required, who presumes to discharge any duty of his office before executing such bond in the manner prescribed by law, is liable to a forfeiture of five hundred dollars ($500.00) to the use of the State for each attempt so to exercise his office. The clear proceeds of forfeitures provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (R.C., c. 78, s. 8; Code, s. 1882; Rev., s. 278; C.S., s. 325; 1998-215, s. 91.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-10 - Condition and terms of official bonds.

§ 58-72-10. Condition and terms of official bonds.
Every treasurer, sheriff, coroner, register of deeds, surveyor, and every other officer of the several counties who is required by law to give a bond for the faithful performance of the duties of his office, shall give a bond for the term of the office to which such officer is chosen. (1869-70, c. 169; 1876-7, c. 275, s. 5; Code, s. 1874; 1895, c. 207, s. 4; 1899, c. 54, s. 54; Rev., s. 308; C.S., s. 326; 1985, c. 438.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-15 - When county may pay premiums on bonds.

§ 58-72-15. When county may pay premiums on bonds.
In all cases where the officers or any of them named in G.S. 58-72-10 are required to give a bond, the county commissioners of the county in which said officer or officers are elected are authorized and empowered to pay the premiums on the bonds of any and all such officer or officers. The board of commissioners of any county are further authorized and empowered to require individual or blanket bonds for any or all assistants, deputies or other persons regularly employed in the offices of any such county officer or officers, such bond or bonds to be conditioned upon faithful performance of duty, and, in the event of such requirement, to pay the premiums on such individual or blanket bonds. (1937, c. 440; 1953, c. 799.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-20 - Annual examination of bonds; security strengthened.

§ 58-72-20. Annual examination of bonds; security strengthened.
The bonds of the officers named in G.S. 58-72-10 shall be carefully examined on the first Monday in December of every year, and if it appears that the security has been impaired, or for any cause become insufficient to cover the amount of money or property or to secure the faithful performance of the duties of the office, then the bond shall be renewed or strengthened, the insufficient security increased within the limits prescribed by law, and the impaired security shall be made good; but no renewal, or strengthening, or additional security shall increase the penalty of said bond beyond the limits prescribed for the term of office. (1869-70, c. 169; 1876-7, c. 275, s. 5; Code, s. 1874; 1895, c. 207, s. 4; 1899, c. 54, s. 54; Rev., s. 308; C.S., s. 327.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-25 - Effect of failure to renew bond.

§ 58-72-25. Effect of failure to renew bond.
Upon the failure of any such officer to make such renewal of his bond, it is the duty of the board of commissioners, by an order to be entered of record, to declare his office vacant, and to proceed forthwith to appoint a successor, if the power of filling the vacancy in the particular case is vested in the board of commissioners; but if otherwise, the said board shall immediately inform the proper person having the power of appointment of the fact of such vacancy. (1869-70, c. 169, s. 2; Code, s. 1875; Rev., s. 309; C.S., s. 328.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-30 - Justification of sureties.

§ 58-72-30. Justification of sureties.
Every surety on an official bond required by law to be taken or renewed and approved by the board of commissioners shall take and subscribe an oath before the chairman of the board or some person authorized by law to administer an oath, that he is worth a certain sum (which shall be not less than one thousand dollars ($1,000)) over and above all his debts and liabilities and his homestead and personal property exemptions, and the sum thus sworn to shall in no case be less in the aggregate than the penalty of the bond. But nothing herein shall be construed to abridge the power of the said board of commissioners to require the personal presence of any such surety before the board when the bond is offered, or at such subsequent time as the board may fix, for examination as to his financial condition or other qualifications as surety. (1869-70, c. 169, s. 3; 1879, c. 207; Code, s. 1876; 1889, c. 7; 1891, c. 385; 1901, c. 32; Rev., s. 310; C.S., s. 329.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-35 - Compelling justification before judge; effect of failure.

§ 58-72-35. Compelling justification before judge; effect of failure.
When oath is made before any judge of the superior court by five respectable citizens of any county within his district that after diligent inquiry made they verily believe that the bond of any officer of such county, which has been accepted by the board of commissioners, is insufficient either in the amount of the penalty or in the ability of the sureties, it is the duty of such judge to cause a notice to be served upon such officer requiring him to appear at some stated time and place and justify his bond by evidence other than that of himself or his sureties. If this evidence so produced fails to satisfy the judge that the bond is sufficient, both in amount and the ability of the sureties, he shall give time to the officer not exceeding 20 days, to give another bond, fixing the amount of the new bond, when there is a deficiency in that particular. And upon failure of the said officer to give a good bond to the satisfaction of the judge within the 20 days, the judge shall declare the office vacant, and if the appointment be with himself, he shall immediately proceed to fill the vacancy; and if not, he shall notify the persons having the appointing power that they may proceed as aforesaid. (1874-5, c. 120; Code, s. 1885; Rev., s. 316; C.S., s. 330.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-40 - Successor bonded; official bonds considered liabilities.

§ 58-72-40. Successor bonded; official bonds considered liabilities.
The person so appointed shall give bond before the judge, and the bond so given shall in all respects be subject to the requirements of the law in relation to official bonds; and all official bonds shall be considered debts and liabilities within the meaning of G.S. 58-72-30. (1874-5, c. 120, s. 2; Code, s. 1886; Rev., s. 317; C.S., s. 331.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-45 - Judge to file statement of proceedings with commissioners.

§ 58-72-45. Judge to file statement of proceedings with commissioners.
When a vacancy is declared by the judge, he shall file a written statement of all his proceedings with the clerk of the board of commissioners, to be recorded by him. (1874-5, c. 120, s. 3; Code, s. 1887; Rev., s. 318; C.S., s. 332.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-50 - Approval, acknowledgment and custody of bonds.

§ 58-72-50. Approval, acknowledgment and custody of bonds.
The approval of all official bonds taken or renewed by the board of commissioners shall be recorded by the clerk to the board. Each bond shall be acknowledged by the parties thereto or proved by a subscribing witness, before the chairman of the board of commissioners, or before the clerk of the superior court, and filed with the clerk of the superior court with the approval of the commissioners endorsed thereon and certified by the chairman of the board of commissioners. Provided that an official bond executed as surety by a surety company authorized to do business in this State need not be acknowledged upon behalf of the surety when that bond is executed under seal in the name of the surety by an agent or attorney-in-fact by authority of a power of attorney duly recorded in the office of the register of deeds of that county. (1869-70, c. 169, s. 4; 1879, c. 207, s. 2; Code, s. 1877; Rev., s. 311; C.S., s. 333; 1957, c. 1011; 2009-570, s. 35; 2012-18, s. 1.9; 2023-103, s. 9(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-55 - Clerk records vote approving bond; penalty for neglect.

§ 58-72-55. Clerk records vote approving bond; penalty for neglect.
It is the duty of the clerk of the board of commissioners to record in the proceedings of the board the names of those commissioners who are present at the time of the approval of any official bond, and who vote for such approval. Every clerk neglecting to make such record, besides other punishment, shall forfeit his office. Any commissioner may cause his written dissent to be entered on the records of the board. (1790, c. 327, P.R.; 1809, c. 777, P.R.; R.C., c. 78, s. 7; 1869-70, c. 169, s. 8; Code, s. 1881; Rev., s. 314; C.S., s. 336.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-60 - When commissioner liable as surety.

§ 58-72-60. When commissioner liable as surety.
Every commissioner who approves an official bond, which he knows to be, or which by reasonable diligence he could have discovered to have been, insufficient in the penal sum, or in the security thereof, shall be liable as if he were a surety thereto, and may be sued accordingly by any person having a cause of action on said bond. (1869-70, c. 169, s. 6; Code, s. 1879; Rev., s. 313; C.S., s. 335.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-65 - Record of board conclusive as to facts stated.

§ 58-72-65. Record of board conclusive as to facts stated.
In all actions under G.S. 58-72-60 a copy of the proceedings of the board of commissioners in the particular case, certified by their clerk under his hand and the seal of the county, is conclusive evidence of the facts in such record alleged and set forth. (1869-70, c. 169, s. 8; Code, s. 1881; Rev., s. 314; C.S., s. 336.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 72 - Official Bonds. › § 58-72-70 - Person required to approve bond not to be surety.

§ 58-72-70. Person required to approve bond not to be surety.
No member of the board of commissioners, or any other person authorized to take official bonds, shall sign as surety on any official bond upon the sufficiency of which the board of which he is a member may have to pass. (1874-5, c. 120, s. 3; Code, s. 1887; Rev., s. 315; C.S., s. 337.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-1 - State officers may be bonded in surety company.

§ 58-73-1. State officers may be bonded in surety company.
All persons who are required to give bond to the State of North Carolina to be received by the Governor or by any department of the State government, in lieu of personal security, may give as security for said bond and for the performance of the duties named in the said bond any indemnity or guaranty company authorized to do business in the State of North Carolina, subject to such regulations as the Governor or department may prescribe, and with power in them to demand additional security at any time. Any person presenting any indemnity or guaranty company as surety shall accompany his bond with a statement of the Insurance Commissioner as to the condition of such company as required by law. (1901, c. 754; Rev., s. 272; C.S., s. 338.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-5 - When surety company sufficient surety on bonds and undertakings.

§ 58-73-5. When surety company sufficient surety on bonds and undertakings.
A bond or undertaking by the laws of North Carolina required or permitted to be given by a public official, fiduciary, or a party to an action or proceeding, conditioned for the doing or not doing of an act specified therein, shall be sufficient when it is executed or guaranteed by a corporation authorized in this State to act as guardian or trustee, or to guarantee the fidelity of persons holding places of public or private trust, or to guarantee the performance of contracts, other than insurance policies, or to give or guarantee bonds and undertakings in actions or proceedings.
The bond or undertaking of a corporation having such power shall be sufficient, although the law or regulation in accordance with which it is given requires two or more sureties, or requires the sureties to be residents or freeholders. But the clerk of the superior court may exercise his discretion as to accepting such a corporation's surety on the bonds of fiduciaries or parties to actions or proceedings. (1895, c. 270; 1899, c. 54, s. 45; 1901, c. 706; Rev., s. 273; C.S., s. 339.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-10 - Clerk to notify county commissioners of condition of company.

§ 58-73-10. Clerk to notify county commissioners of condition of company.
Each clerk of the superior court shall furnish the chairman of the board of county commissioners of his county with notice of each surety company licensed in this State, and of each surety company whose license has been revoked, in which any officer of the county has been bonded. (Rev., ss. 295, 4803; C.S., s. 340.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-15 - Release of company from liability.

§ 58-73-15. Release of company from liability.
A company executing such bond, obligation or undertaking, may be released from its liability or security on the same terms as are or may be by law prescribed for the release of individuals upon any such bonds, obligations or undertakings. (1899, c. 54, s. 48; Rev., s. 274; C.S., s. 341.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-20 - Company not to plead ultra vires.

§ 58-73-20. Company not to plead ultra vires.
Any company which executes any bond, obligation or undertaking under the provisions of this Article is estopped, in any proceeding to enforce the liability which it assumes to incur, to deny its corporate power to execute such instrument or assume such liability. (1899, c. 54, s. 49; 1901, c. 706, s. 1, subsec. 5; Rev., s. 275; C.S., s. 342.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-25 - Failure to pay judgment is forfeiture.

§ 58-73-25. Failure to pay judgment is forfeiture.
If a surety company against which a judgment is recovered fails to discharge the same within 60 days from the time such final judgment is rendered, it shall forfeit its right to do business in this State, and the Insurance Commissioner shall cancel its license. (1901, c. 706, s. 1, subsec. 5; Rev., s. 275; C.S., s. 343.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-30 - On presentation of proper bond officer to be inducted.

§ 58-73-30. On presentation of proper bond officer to be inducted.
Upon presentation to the person authorized by law to take, accept and file official bonds, of any bond duly executed in the penal sum required by law by the officer chosen to any such office, as principal, and by any surety company, as security thereto, whose insurance or guaranty is accepted as security upon the bonds of United States bonded officials (such insurance company having complied with the insurance laws of the State of North Carolina), or by any other good and sufficient security thereto, such bond shall be received and accepted as sufficient, and the principal thereon shall be inducted into office. (1899, c. 54, s. 53; 1901, c. 706, s. 1, subsec. 5; Rev., s. 276; C.S., s. 344.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 73 - Bonds in Surety Company. › § 58-73-35 - Expense of fiduciary bond charged to fund.

§ 58-73-35. Expense of fiduciary bond charged to fund.
A receiver, assignee, trustee, committee, guardian, executor or administrator, or other fiduciary required by law to give a bond as such, may include as part of his lawful expenses such sums paid to such companies for such suretyship to the extent of bond premiums actually paid per annum on the account of such bonds as the clerk, judge or court may allow. (1901, c. 706, s. 1, subsec. 5; Rev., s. 277; C.S., s. 345; 1939, c. 382.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-1 - Mortgage in lieu of required bond.

§ 58-74-1. Mortgage in lieu of required bond.
An administrator, executor, guardian, collector or receiver, or an officer required to give an official bond, or the agent or surety of such person or officer, may execute a mortgage on real estate, of the value of the bond required to be given by him to the State of North Carolina, conditioned to the same effect as the bond should be, were the same given, with a power of sale, which power of sale may be executed by the clerk of the superior court, with whom said mortgage shall be deposited, upon a breach of any of the conditions of said mortgage, after advertisement for 30 days. (1874-5, c. 103, s. 2; Code, s. 118; Rev., s. 265; C.S., s. 346.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-5 - Mortgage in lieu of security for appearance, costs, or fine.

§ 58-74-5. Mortgage in lieu of security for appearance, costs, or fine.
Any person required to give a bond or undertaking, or required to enter into a recognizance for his appearance at any court, in any criminal proceeding, or for the security of any costs or fine in any criminal action, may also execute a mortgage on real or personal property of the value of such bond or recognizance, payable to the State of North Carolina, conditioned as such bond or recognizance would be required, with power of sale, which power shall be executed by the clerk in whose court said mortgage is executed, upon a breach of any of the conditions of said mortgage.
No such mortgage on real property executed for the security for costs or fine shall allow a longer time for payment of said costs or fine than six months from the execution thereof, and no mortgage on personal property a longer time than three months, except in cases of appeal, when the time allowed shall be counted from the date of the final decision in the cause.
All legitimate expenses of sale, which shall only be made after due advertisement according to law, shall be paid out of the proceeds of the sale. (1874-5, c. 103, s. 3; Code, s. 120; 1891, c. 425, ss. 1, 2, 3; Rev., s. 266; C.S., s. 347; 1973, c. 108, s. 57.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-10 - Cancellation of mortgage in such proceedings.

§ 58-74-10. Cancellation of mortgage in such proceedings.
Any mortgage given by any person in lieu of bond as administrator, executor, guardian, collector, receiver or as an officer required to give an official bond, or as agent or surety of such person or officer, or in lieu of bond or undertaking or recognizance for his appearance at any court in any criminal proceeding, or for the security of any cost or fine in a criminal action which has been registered, when such party as administrator, executor, guardian, collector, or receiver has filed his final account and when the time required by statute for the bond given by any administrator, executor, guardian, collector, or receiver to remain in force for the purpose of action thereon has expired, or when the officer required to give an official bond has fully complied with the conditions of such bond and the time within which suit is allowed by law to be brought thereon has expired, or when the person giving such mortgage in lieu of bond has made his appearance at the court to which he was bound and did not depart the court without leave, or paid the cost or fine required, may be canceled or discharged by the clerk of the superior court of the county where such action was pending or where the mortgage in lieu of bond is recorded by recording a satisfaction document pursuant to G.S. 45-37(a)(7), and such satisfaction document shall have the effect to discharge and release all the right, title and interest of the State of North Carolina in and to the property described in such mortgage. (1905, c. 106; Rev., s. 267; C.S., s. 348; 1921, c. 29, ss. 1, 2; 1925, c. 252, s. 1; 2011-246, s. 9.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-15 - Validating statute.

§ 58-74-15. Validating statute.
All acts heretofore done by the several superior court clerks, cancelling or satisfying any mortgage, or other instruments, herein mentioned and specified are hereby validated. (1925, c. 252, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-20 - Clerk of court may give surety by mortgage deposited with register.

§ 58-74-20. Clerk of court may give surety by mortgage deposited with register.
In all cases where the clerk of the superior court may be required to give surety, he may deposit a mortgage with the register of deeds, payable to the State, and conditioned, as the bond would have been required, with power of sale. The power of sale shall be executed by the register of deeds, upon a breach of any of the conditions of said mortgage; and the register of deeds shall in all cases immediately register the same, at the expense of the said clerk. (1874-5, c. 103, s. 6; Code, s. 122; Rev., s. 268; C.S., s. 349.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-25 - Mortgage in lieu of bond to prosecute or defend in civil case.

§ 58-74-25. Mortgage in lieu of bond to prosecute or defend in civil case.
It is lawful for any person desiring to commence any civil action or special proceeding, or to defend the same, his agent or surety, to execute a mortgage on real estate of the value of the bond or undertaking required to be given, at the beginning of said action, or at any stage thereof, to the party to whom the bond or undertaking would be required to be made, conditioned to the same effect as such bond or undertaking, with power of sale, which power of sale may be executed upon a breach of any of the conditions of the said mortgage after advertisement for 30 days. (1874-5, c. 103, s. 1; Code, s. 117; Rev., s. 269; C.S., s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-30 - Affidavit of value of property required.

§ 58-74-30. Affidavit of value of property required.
In all cases where a mortgage is executed, as hereinbefore permitted, it is the duty of the clerk of the court in which it is executed to require an affidavit of the value of the property mortgaged to be made by at least one witness not interested in the matter, action or proceeding in which the mortgage is given. (1874-5, c. 103, s. 4; Code, s. 121; Rev., s. 270; C.S., s. 351; 1973, c. 108, s. 58.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 74 - Mortgage in Lieu of Bond. › § 58-74-35 - When additional security required.

§ 58-74-35. When additional security required.
If, from any cause, the property mortgaged in lieu of a bond becomes of less value than the amount of the bond in lieu of which the mortgage is given, and it so appears upon affidavit of any person having any interest in the matter as a security for which the mortgage was given, it is the duty of the mortgagor to give additional security by a deposit of money, or the execution of a mortgage on more property, or justify as required in cases where bond or undertaking is given. (1874-5, c. 103, s. 5; Code, s. 119; Rev., s. 271; C.S., s. 352.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 75 - Deposit in Lieu of Bond. › § 58-75-1 - Deposit of cash or securities in lieu of bond; conditions and requirements.

§ 58-75-1. Deposit of cash or securities in lieu of bond; conditions and requirements.
In lieu of any written undertaking or bond required by law in any matter, before any court of the State, the party required to make such undertaking or bond may make a deposit in cash or securities of the State of North Carolina or of the United States of America, of the amount required by law or, in the case of fiduciaries, of the amount of the trust, in lieu of the said undertaking or bond and such deposit shall be subject to all of the same conditions and requirements as are provided for in written undertakings or bonds, in lieu of which such deposit is made. (1923, c. 58; C.S., s. 352(a); 1947, c. 936.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 76 - Actions on Bonds. › § 58-76-1 - Bonds in actions payable to court officer may be sued on in name of State.

§ 58-76-1. Bonds in actions payable to court officer may be sued on in name of State.
Bonds and other obligations taken in the course of any proceeding at law, under the direction of the court, and payable to any clerk, commissioner, or officer of the court, for the benefit of the suitors in the cause, or others having an interest in such obligation, may be put in suit in the name of the State. (R.C., c. 13, s. 11; Code, s. 51; Rev., s. 280; C.S., s. 353.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 76 - Actions on Bonds. › § 58-76-5 - Liability and right of action on official bonds.

§ 58-76-5. Liability and right of action on official bonds.
Every person injured by the neglect, misconduct, or misbehavior in office of any register, surveyor, sheriff, coroner, county treasurer, or other officer, may institute a suit or suits against said officer or any of them and their sureties upon their respective bonds for the due performance of their duties in office in the name of the State, without any assignment thereof; and no such bond shall become void upon the first recovery, or if judgment is given for the defendant, but may be put in suit and prosecuted from time to time until the whole penalty is recovered; and every such officer and the sureties on the officer's official bond shall be liable to the person injured for all acts done by said officer by virtue or under color of that officer's 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; 2010-96, s. 29.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 76 - Actions on Bonds. › § 58-76-10 - Complaint must show party in interest; election to sue officer individually.

§ 58-76-10. Complaint must show party in interest; election to sue officer individually.
Any person who brings suit in manner aforesaid shall state in his complaint on whose relation and in whose behalf the suit is brought, and he shall be entitled to receive to his own use the money recovered; but nothing herein contained shall prevent such person from bringing at his election an action against the officer to recover special damages for his injury. (1793, c. 384, ss. 2, 3, P.R.; R.C., c. 78, s. 2; 1869-70, c. 169, s. 11; Code, s. 1884; Rev., s. 282; C.S., s. 355.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 76 - Actions on Bonds. › § 58-76-15 - Summary remedy on official bond.

§ 58-76-15. Summary remedy on official bond.
When a sheriff, coroner, county or town treasurer, or other officer, collects or receives any money by virtue or under color of his office, and on demand fails to pay the same to the person entitled to require the payment thereof, the person thereby aggrieved may move for judgment in the superior court against such officer and his sureties for any sum demanded; and the court shall try the same and render judgment at the session when the motion shall be made, but 10 days' notice in writing of the motion must have been previously given. (1819, c. 1002, P.R.; R.C., c. 78, s. 5; 1869-70, c. 169, s. 14; 1876-7, c. 41, s. 2; Code, s. 1889; Rev., s. 283; C.S., s. 356; 1973, c. 108, s. 60; 2017-158, s. 17.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 76 - Actions on Bonds. › § 58-76-20 - Officer unlawfully detaining money liable for damages.

§ 58-76-20. Officer unlawfully detaining money liable for damages.
When money received as aforesaid is unlawfully detained by any of said officers, and the same is sued for in any mode whatever, the plaintiff is entitled to recover, besides the sum detained, damages at the rate of twelve per centum (12%) per annum from the time of detention until payment. (1819, c. 1002, s. 2, P.R.; R.C., c. 78, s. 9; 1868-9, c. 169; Code, s. 1890; Rev., s. 284; C.S., s. 357.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 76 - Actions on Bonds. › § 58-76-25 - Evidence against principal admissible against sureties.

§ 58-76-25. Evidence against principal admissible against sureties.
In actions brought upon the official bonds of sheriffs, coroners, or other public officers, and also upon the bonds of executors, administrators, collectors or guardians, when it may be necessary for the plaintiff to prove any default of the principal obligors, any receipt or acknowledgment of such obligors, or any other matter or thing which by law would be admissible and competent for or toward proving the same as against him, shall in like manner be admissible and competent as presumptive evidence only against all or any of his sureties who may be defendants with or without him in said actions. (1844, c. 38; R.C., c. 44, s. 10; 1881, c. 8; Code, s. 1345; Rev., s. 285; C.S., s. 358; 1973, c. 108, s. 61; 2017-158, s. 18.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 76 - Actions on Bonds. › § 58-76-30 - Officer liable for negligence in collecting debt.

§ 58-76-30. Officer liable for negligence in collecting debt.
When a claim is placed in the hands of any sheriff or coroner for collection, and he does not use due diligence in collecting the same, he shall be liable for the full amount of the claim notwithstanding the debtor may have been at all times and is then able to pay the amount thereof. (1844, c. 64; R.C., c. 78, s. 3; 1869-70, c. 169, s. 12; Code, s. 1888; Rev., s. 286; C.S., s. 359; 1973, c. 108, s. 62.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 78 - State Fire and Rescue Commission. › § 58-78-10 - State Fire and Rescue Commission Organization; rules and regulations; meetings.

§ 58-78-10. State Fire and Rescue Commission – Organization; rules and regulations; meetings.
(a) Organization. – The Commission shall elect from its voting members a chair and vice-chair to serve as provided by the rules adopted by the Commission.
(b) Rules and Regulations. – The Commission shall adopt such rules and regulations, not inconsistent with the laws of this State as may be required by the federal government for programs and grants-in-aid for fire protection, firefighting, and rescue purposes which may be made available to the State by the federal government. The Commission shall be the single State agency responsible for establishing policy, planning and carrying out the State's duties with respect to all programs of and grants to the State by the United States Fire Administration, Federal Emergency Management Agency. In respect to such programs and grants, the Commission shall have authority to review, approve and maintain general oversight to the State plan and its implementation, including subgrants and allocations to local units of government and local fire prevention and control and rescue agencies.
All actions taken by the Commission in the performance of its duties shall be implemented and administered by the Department.
(c) Meetings. – The Commission shall meet quarterly. Seven members shall constitute a quorum. All meetings shall be open to the public. (1977, c. 1064, s. 1; 1981, c. 791, s. 5; 1983, c. 840, s. 3; 1985, c. 757, s. 167(b), (c), (e), (f); 1989, c. 750, s. 1; 2015-39, s. 3.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 78 - State Fire and Rescue Commission. › § 58-78-15 - State Fire and Rescue Commission; staff.

§ 58-78-15. State Fire and Rescue Commission; staff.
(a) There shall be an executive director nominated by the Commission with direct responsibilities to the Commission, who shall be appointed by the Commissioner.
(b) Personnel of the Department shall serve as staff to the Commission. The Department shall provide the clerical and professional services required by the Commission and, at the direction of the Commission, shall develop and administer the State Master Plan for Fire Prevention and Control, the State Fire Education and Training Plan, the Rescue Training Plan, the State Master Plan for Rescue Services, and any additional related programs as may be established by, or assigned to, the Commission. (1977, c. 1064, s. 1; 1985, c. 757, s. 167(b), (i); 1989, c. 750, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 78 - State Fire and Rescue Commission. › § 58-78-20 - State Fire and Rescue Commission - Fiscal affairs.

§ 58-78-20. State Fire and Rescue Commission – Fiscal affairs.
All funds for the operation of the Commission and its staff shall be appropriated to the Department. All such funds shall be held in a separate or special account on the books of the Department with a separate financial designation or code number to be assigned by the Department of Administration or its agent. Expenditures for staff salaries and operating expenses shall be made in the same manner as expenditures of any other Department funds. The Department may hire such additional personnel as may be necessary to handle the work of the Commission, within the limits of funds appropriated to it by the State and made available to it by the federal government. (1957, c. 269, s. 1; 1977, c. 1064, s. 1; 1985, c. 757, s. 167(b), (c); 1989, c. 750, s. 1.)