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Section 36-5-60 – When Surety May Apply for Discharge.

Section 36-5-60 When surety may apply for discharge. Any person who is surety upon the official bond of any state officer or employee may discharge himself of such suretyship whenever he is in danger of being made liable on such bond and has no adequate remedy against his principal in consequence of his inability to […]

Section 36-5-61 – To Whom Application Addressed; Application to Be Sworn.

Section 36-5-61 To whom application addressed; application to be sworn. This application must be addressed to the official or to one of the officials required to approve such bond and must be sworn to. (Code 1852, §145; Code 1867, §184; Code 1876, §198; Code 1886, §293; Code 1896, §3125; Code 1907, §1541; Code 1923, §2675; […]

Section 36-5-63 – Approval and Filing of New Bond Upon Execution Thereof.

Section 36-5-63 Approval and filing of new bond upon execution thereof. On the execution of the additional bond provided for in this division, the same must be approved and filed with the application and requisition with the first official bond. (Code 1852, §148; Code 1867, §187; Code 1876, §201; Code 1886, §296; Code 1896, §3128; […]

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 36-5-66 – 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 36-5-67 – 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 […]