302. Constable, where registered; fees, how paid. The board of commissioners of each county shall require of each constable, elected or appointed for a township, on entering upon the duties of his office, to give a bond with good surety, payable to the state of North Carolina, in a sum not exceeding one thousand dollars, conditioned as well for the faithful discharge of his duty as constable, as for his diligently endeavoring to collect all claims put into his hands for collection, and faithfully paying over all sums thereon received, either with or without suit, unto the persons to whom the same may be due. Said bond shall be duly proved and registered, and after registration, filed in the office of the register of deeds; and certified copies of the same from the register's office shall be received and read in evidence in all actions and proceedings where the original might be. The fees for proving and registering the bond of constable shall be paid by the constable. In Stanly county the fees shall be paid by the county.

Code, s. 647; R. C., c. 24, s. 7; 1818, c. 980; 1820, c. 1045, s. 2; 1833, c. 17; 1869-70, c. 185; 1899, c. 54, s. 52; 1891, c. 229.

303. County surveyor. The county surveyor of each county shall enter into bond in the sum of one thousand dollars payable to the state of North Carolina, with sufficient surety for the faithful discharge of the duties of his office.

Code, s. 2762; R. C., c. 42, s. 5; 1777, c. 114, s. 13.

304. Entry-taker. Every entry-taker shall enter into bond in the sum of five hundred dollars, payable to the state, with sufficient. security to be approved by the county commissioners, for the faithful discharge of the duties of his office.

Code, s. 2758; 1868-9, c. 173, s. 3.

305. Wreck commissioner. Every person appointed a wreck commissioner shall enter into a bond, with good and sufficient surety, in the sum of two thousand dollars, payable to the state of North Carolina and conditioned for the faithful performance of his duties, which shall be approved by the board of county commissioners and deposited in the office of the clerk of the superior court.

1899, c. 79, s. 10.

306. Standard-keeper. The person elected as standard-keeper of any county shall give bond, with good and sufficient surety, payable to the state of North Carolina, in the sum of two hundred dollars, conditioned for the safe keeping of weights and measures, stamps and brands of said county, and for the faithful performance of the duties of his office.

Code, s. 3840; R. C., c. 117, s. 4; 1741, c. 32, s. 3; 1816, c. 901, s. 2; 1827, e. 22, s. 3; 1883, c. 393.

VIII. PILOTS.

307. Pilot; may be enlarged; where filed. Every person, before he obtains a commission or a branch to be a pilot, shall give bond with two sufficient sureties payable to the state of North Carolina, in the sum of five hundred dollars, with condition for the due and faithful discharge of his duties, and the duties of his apprentices; and the body appointing such pilot may, from to time, and as often as they may deem it necessary, enlarge the penalty of the bond, or require new and additional bonds to be given; and every bond taken of a pilot shall be filed with, and preserved by, the said body appointing such pilot in trust for every person that shall be injured by the neglect or misconduct of such pilot, or his apprentices; who may severally bring suit thereon for the damage by each one sustained. Code, s. 3487; R. C., c. 85, s. 6; 1784, c. 207, s. 3.

IX. DUTY OF COUNTY COMMISSIONERS.

308. County officials' bonds; term of; examined annually; increased when. Every clerk, 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 officers are chosen, respectively. The bonds shall be carefully examined on the first Monday in December of every year, and if it shall appear 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 herein prescribed, and the impaired shall be made good; but no renewal, or strengthening, or additional security shall increase the penalty of said bond beyond the limits herein prescribed for the term of office.

Code, s. 1874; 1869-70, c. 169; 1876-7, c. 275, s. 5; 1899, c. 54, s. 54; 1895, c. 207, s. 4.

309. Vacancy declared on 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 be 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. Code, s. 1875; 1869-70, c. 169, s. 2.

310. Justification of surety on official. 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) 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.

Code, s. 1876; 1869-70, c. 169, s. 3; 1879, c. 207; 1889, c. 7; 1891, c. 385; 1901, c. 32.

311. County commissioners to approve bonds; custody; how acknowledged. The approval of all official bonds taken or renewed by the board of commissioners shall be recorded by their clerk. Every such 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, registered in the register's office in a separate book to be kept for the registration of official bonds, and the original bond, with the approval of the commissioners endorsed thereon and certified by their chairman, shall be deposited with the clerk of the superior court, except the bond of said clerk, which shall be deposited with the register of deeds for safe keeping.

Code, s. 1877; 1869-70, c. 169, s. 4; 1879, c. 207, s. 2.

312. Clerk of board to record yeas and nays on approval; penalty for failure. 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 shall vote for such approval, and every clerk neglecting to make such record beside other punishment shall forfeit his office. Any commissioner may cause his written dissent to be entered on the records of the board.

Code, ss. 1878, 1881; 1869-70, c. 169, ss. 5, 8; R. C., c. 78, s. 7; 1790, c. 327; 1809, c. 777.

313. Commissioner liable as surety, when. 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.

Code, s. 1879; 1869-70, c. 169, s. 6.

314. Record of board conclusive evidence of facts stated therein on prosecution. In all actions under the preceding section, a copy of the proceedings of the board of commissioners in the particular case, certified by their clerk under his hand and seal of the county, shall be conclusive evidence of the facts in such record alleged and set forth.

Code, s. 1881; 1869-70, c. 169, s. 8.

315. Commissioners can not be sureties where they may approve. 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.

Code, s. 1887; 1874-5, c. 120, s. 3.

X. DUTY SUPERIOR COURT JUDGE.

316. Official bond insufficient, new one required; office vacated for failure; successor appointed. Whenever oath shall be 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 shall be 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. And if this evidence so produced shall fail 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 twenty days, to give another bond, the judge fixing the amount of the new bond, when there is a deficiency in that particular. And upon failure to give a good bond to the satisfaction of the judge within the twenty days, he 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.

Code, s. 1885; 1874-5, c. 120.

317. Appointee to give bond; official bonds, 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.

Code, s. 1886; 1874-5, c. 120, s. 2.

318. Judge to file statement of proceedings with commissioners. Whenever a vacancy shall be 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.

Code, s. 1887; 1874-5, c. 120, s. 3.

XI. FIDUCIARIES.

319. Executors, administrators or collectors; penalty; condition. Every executor from whom a bond is required by law, and every administrator and collector, before letters are issued, must give a bond payable to the state, with two or more sufficient sureties, to be justified before and approved by the clerk, conditioned that such executor, administrator or collector shall faithfully execute the trust reposed in him and obey all lawful orders of the clerk or other court touching the administration of the estate committed to him. The penalty of such bond must be at least double the value of all the personal property of the deceased; such value to be ascertained by the clerk by examination on oath of the applicant or of some other competent person: Provided, that if the personal property of any decedent shall be insufficient to pay his debts and the charges of administration, and it shall become necessary for his executor or administrator to apply for the sale of real estate for assets, and the bond previously given is not double the value of both the real and personal estate of the deceased, such executor (if bond is required of him by law) or administrator shall, before or at the time of filing his petition for such sale, give another bond payable and conditioned as the one above prescribed and with like security, in double the value of the real estate for the sale of which application shall be made.

Code, s. 1388; 1870-1, c. 93; C. C. P., s. 468.
Note. See Administration, s. 29.

320. Public administrator. The public administrator shall enter into bond, with three or more sureties, approved by the clerk, in the penal sum of eight thousand dollars, payable to the state of North Carolina, conditioned faithfully to perform the duties of his office, and obey all lawful orders of the clerk or other court touching the administration of the several estates that may come into his hands, and such bond shall be renewed every two years. When