If any neglect causes a forfeiture of the bond of a clerk or assistant clerk, the justices shall forthwith give written notice thereof to the treasurer having custody thereof, who shall thereupon cause suit to be brought thereon. The amount recovered in such suit shall be applied to the expense of making up the deficient records under the direction of the court in whose records the deficiency exists, and the surplus, if any, shall be carried into the account of such treasurer.
Massachusetts Legal Code