1-431. When sheriff liable as bail.
If, after arrest, the defendant escapes, or is rescued, or bail is not given or justified, or a deposit is not made instead thereof, the sheriff is himself liable as bail. But he may discharge himself from such liability by the giving and justification of bail at any time before process against the person of the defendant to enforce an order or judgment in the action. (C.C.P., s. 171; Code, s. 313; Rev., s. 749; C.S., s. 789.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-409 - Arrest only as herein prescribed.
§ 1-410 - In what cases arrest allowed.
§ 1-411 - Order and affidavit.
§ 1-412 - Undertaking before order.
§ 1-413 - Issuance and form of order.
§ 1-414 - Copies of affidavit and order to defendant.
§ 1-416 - Vacation of order for failure to serve.
§ 1-417 - Motion to vacate order; jury trial.
§ 1-418 - Counter affidavits by plaintiff.
§ 1-419 - How defendant discharged.
§ 1-420 - Defendant's undertaking.
§ 1-421 - Defendant's undertaking delivered to clerk; exception.
§ 1-422 - Notice of justification; new bail.
§ 1-423 - Qualifications of bail.
§ 1-424 - Justification of bail.
§ 1-426 - Deposit in lieu of bail.
§ 1-427 - Deposit paid into court; liability on sheriff's bond.
§ 1-428 - Bail substituted for deposit.
§ 1-429 - Deposit applied to plaintiff's judgment.
§ 1-430 - Defendant in jail, sheriff may take bail.
§ 1-431 - When sheriff liable as bail.
§ 1-432 - Action on sheriff's bond.
§ 1-434 - Surrender of defendant.
§ 1-435 - Bail may arrest defendant.
§ 1-436 - Proceedings against bail by motion.
§ 1-437 - Liability of bail to sheriff.