Section 36-5-5 – To Whom Bonds Payable; Sureties; Conditions Generally.
Section 36-5-5 To whom bonds payable; sureties; conditions generally. The bond of each public officer required by law to give bond must, unless it is otherwise provided, be made payable to the State of Alabama, with such sureties as the approving officer is satisfied have the qualifications required by law, with condition, in all cases […]
Section 36-5-21 – Proof of Bonds or Recognizances.
Section 36-5-21 Proof of bonds or recognizances. It shall be lawful to show by parol that any bond or recognizance was taken by an officer in the discharge of his duty, although such fact ought to appear upon the bond or recognizance or in writing or of record and does not so appear; and, if […]
Section 36-5-65 – When Surety Discharged.
Section 36-5-65 When surety discharged. On the execution, approval and filing of such additional bond, such applicant shall be discharged as surety on the bond on which such application was made from all liability for any breach of the condition therein contained accruing subsequently to the filing of such additional bond. (Code 1852, §150; Code […]
Section 36-5-6 – Approval of Bonds Generally.
Section 36-5-6 Approval of bonds generally. The approval of all official bonds shall be in writing, endorsed on the bonds, and shall show the day and year on which the same were approved and be signed by the approving officer. (Code 1852, §119; Code 1867, §158; Code 1876, §169; Code 1886, §258; Code 1896, §3071; […]
Section 36-5-22 – Performance of Official Act by Public Officer Prior to Approval and Filing of Bond.
Section 36-5-22 Performance of official act by public officer prior to approval and filing of bond. Any public officer required by law to give bond who performs any official act before his bond is approved and filed as required by law must, on conviction, be fined not less than $500.00. (Code 1852, §127; Code 1867, […]
Section 36-5-66 – Effect of Discharge of Surety.
Section 36-5-66 Effect of discharge of surety. The discharge provided for in Section 36-5-65 does not affect the previous liability of any of the obligors, but in case of the discharge of any one or more obligors under such section, the same shall operate as a discharge of all other obligors. (Code 1852, §152; Code […]
Section 36-5-7 – Liability of Officer Improperly Approving Bond.
Section 36-5-7 Liability of officer improperly approving bond. The bond of any public officer which is not in the penalty, payable and conditioned and has not sureties having the qualifications required by law must not be approved, and the officer approving a bond not conforming to the law in any or all of these respects […]
Section 36-5-23 – Bonds Not Discharged by Single Recovery.
Section 36-5-23 Bonds not discharged by single recovery. Such bonds are not discharged by a single recovery, but proceedings may, from time to time, be instituted thereon until the whole penalty is exhausted. (Code 1852, §131; Code 1867, §170; Code 1876, §180; Code 1886, §274; Code 1896, §3088; Code 1907, §1504; Code 1923, §2616; Code […]
Section 36-5-67 – Rights and Remedies of Sureties on Bonds Among Themselves.
Section 36-5-67 Rights and remedies of sureties on bonds among themselves. Whenever the sureties on either bond have made any payments thereon on account of the principal obligor therein, they are entitled to the same remedies and recoveries against the sureties in the remaining bonds as are provided by Section 11-2-29. (Code 1852, §153; Code […]
Section 36-5-8 – Bonds Not to Be Filed Unless Properly Approved.
Section 36-5-8 Bonds not to be filed unless properly approved. No officer, with whom any official bond is required to be filed, shall allow the same to be filed in his office, unless the approval of the proper officer appears thereon, endorsed according to the provisions of this article. (Code 1852, §126; Code 1867, §165; […]