§ 29-33-110. New Bond Furnished by Principal
Upon public or private application of any surety, if the principal consents to give a new bond, with satisfactory security, it may be taken without further proceedings, with the same effect, as if executed upon order. Code 1858, § 3675; Shan., § 5445; Code 1932, § 9607; T.C.A. (orig. ed.), § 23-2710.
§ 29-33-111. Witnesses in Hearings
The officer authorized to hear and dispose of such applications may administer oaths and summon witnesses in the same way and under the same penalties as the courts of the state. Code 1858, § 3679; Shan., § 5449; Code 1932, § 9611; T.C.A. (orig. ed.), § 23-2711.
§ 29-33-112. Exoneration of Surety
On the execution of the additional bond as required, or the qualification of a successor, the applicant surety is exonerated from all liability accruing subsequently. Code 1858, § 3676; Shan., § 5446; Code 1932, § 9608; T.C.A. (orig. ed.), § 23-2712.
§ 29-33-113. Effect of Exoneration
The exoneration of the applicant surety does not affect the previous liability of any of the obligors in the original bond; nor are any of the obligors who have not joined in such application discharged from any liability accruing after the filing of such additional bond; and the obligors who are not exonerated are liable […]
§ 29-33-114. Contribution Between Sureties
The sureties, in either bond who have been compelled to make payments thereon for the principal, have the same remedies against the sureties in all the bonds in force at the time of default, as cosureties in the same bond have against each other, the recovery being properly proportioned according to the penalties of the […]
§ 29-33-115. Costs
The costs of the application, if unsuccessful, shall be paid by the applicant; if successful, by the principal, and judgment may be given and execution issued therefor. Code 1858, § 3680 (deriv. Acts 1829, ch. 15, § 3); Shan., § 5450; Code 1932, § 9612; T.C.A. (orig. ed.), § 23-2715.
§ 29-33-106. Attachment of Replevied Property
If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or […]
§ 29-33-107. Fiduciary Bond — Petition for Release
The surety of any guardian, executor, or administrator, trustee or assignee for creditors, who conceives the surety to be in danger of suffering by the suretyship, and desires to be relieved therefrom, may file a petition, in writing, in the county court, or the court having cognizance of the estate or fund. Code 1858, § […]
§ 29-33-108. Relief to Surety on Fiduciary Bond
Upon such petition and notice, the court may compel the principal to give other sufficient security, or counter security, to be approved by the court, or to deliver up the estate to the petitioner, or such other person as may be directed, and may make such other orders and decrees for the relief of the […]
§ 29-33-109. Substitution of Surety as Fiduciary
Should no person be found willing to accept the office, and give the security required, the applicant surety shall qualify in the place of the principal; otherwise, the liability will continue until a successor is appointed and qualified. Code 1858, § 3674; Shan., § 5444; Code 1932, § 9606; T.C.A. (orig. ed.), § 23-2709.