19-804.   Vacancy in office of sheriff, how filled; duties andliabilities of undersheriff.Except in those counties operating under the provisions ofconsolidated law enforcement acts, whenever a vacancy occurs in theoffice of sheriff of any county, the undersheriff of such county shallin all things execute the office of sheriff until a sheriff shall beappointed by the governor in the manner provided by law for filling vacanciesin the office of member of the house of representatives. If the vacancyoccurs on or after May 1 of the second year of the term, the person soappointed shall serve for the remainder of the unexpired term and until asuccessor is elected and qualifies. If the vacancy occurs before May 1 ofthe second year of the term, the person appointed to fill the vacancy shallserve until a successor is elected and qualifies at the next generalelection to serve the remainder of the unexpired term. Nomination andelection of such successor shall be in the same manner as nomination andelection of a sheriff for a regular term. Any default or misfeasance inoffice of such undersheriff in the meantime, as well as before suchvacancy, shall be deemed to be a breach of the condition of the bond givenby the sheriff who appointed the undersheriff, and also a breach ofthe condition of the bond executed by such undersheriff to the sheriffby whom the undersheriff was appointed.

      History:   G.S. 1868, ch. 25, § 102; L. 1870, ch. 111, § 1; R.S.1923, 19-804; L. 1945, ch. 162, § 1; L. 1972, ch. 93, § 24; L. 1983,ch. 94, § 1; L. 1986, ch. 100, § 3; July 1.