19-804. Vacancy in office of sheriff, how filled; duties and liabilities of undersheriff.
19-804
19-804. Vacancy in office of sheriff, how filled; duties and
liabilities of undersheriff.
Except in those counties operating under the provisions of
consolidated law enforcement acts, whenever a vacancy occurs in the
office of sheriff of any county, the undersheriff of such county shall
in all things execute the office of sheriff until a sheriff shall be
appointed by the governor in the manner provided by law for filling vacancies
in the office of member of the house of representatives. If the vacancy
occurs on or after May 1 of the second year of the term, the person so
appointed shall serve for the remainder of the unexpired term and until a
successor is elected and qualifies. If the vacancy occurs before May 1 of
the second year of the term, the person appointed to fill the vacancy shall
serve until a successor is elected and qualifies at the next general
election to serve the remainder of the unexpired term. Nomination and
election of such successor shall be in the same manner as nomination and
election of a sheriff for a regular term. Any default or misfeasance in
office of such undersheriff in the meantime, as well as before such
vacancy, shall be deemed to be a breach of the condition of the bond given
by the sheriff who appointed the undersheriff, and also a breach of
the condition of the bond executed by such undersheriff to the sheriff
by 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.