North Dakota Code § 11-14-18

Failure of treasurer to make settlement - Auditor to start suit
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If a county treasurer fails to make return and settlement, or fails to pay over all money with 
which the treasurer stands charged, at the time and in the manner prescribed by law, the county 
auditor, on receiving instructions for that purpose from the board of county commissioners of the 
treasurer's county, shall cause suit to be instituted against the treasurer and the treasurer's 
sureties, or any of them.

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