15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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11-2-7
Section 11-2-7 Discharge of sureties on bonds. Any person or corporation who is surety upon
the official bond of any county official or county employee may discharge himself or itself
of the suretyship upon making sworn application in writing addressed to the official, county
commission, board, or commission required to approve the bonds, setting forth the reason for
requesting discharge. Upon the filing of the application, the official, board, or commission
to whom the application is addressed shall forthwith cause personal written notice to be served
upon the county official or county employee as principal fixing a day not less than 15 nor
more than 30 days after the date of the filing of the application requiring the county official
or county employee to provide a new bond. Upon the failure of the county official or county
employee to provide the bond within the time specified in the notice, he or she vacates his
or her office or employment, and the official, county commission,...
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11-43-83
Section 11-43-83 Execution, etc., of deeds, contracts, bonds, etc. The mayor shall see that
all contracts with the town or city are faithfully kept or performed. He shall execute all
deeds and contracts and bonds required in judicial proceedings for and on behalf of the city
or town and no sureties shall be required on such bond. He shall perform such other executive
duties, in addition to those prescribed in this article, as may be required of him by the
council. (Code 1907, §1184; Code 1923, §1900; Code 1940, T. 37, §443.)...
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40-4-1
Section 40-4-1 Bonds. The tax assessor in every county in the State of Alabama shall, before
entering upon the discharge of the duties of his office as tax assessor, execute in duplicate
a bond in the sum of not less than $5,000. Such bond shall be payable to the State of Alabama,
with sufficient surety or sureties, to be approved by the judge of probate, and conditioned
faithfully to discharge the duties of his office, which are or may be required by law during
the time he continues therein or discharges any of the duties thereof. One of such duplicates
must be filed and recorded in the office of the judge of probate, and the other must be filed
in the office of the Comptroller on or before September 1 next after his election. (Acts 1935,
No. 194, p. 256; Code 1940, T. 41, §79.)...
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26-9-9
Section 26-9-9 Procedure for appointment of guardian - Appointment of guardian; execution and
filing of bonds by guardian; filing of certificate by personal sureties. Before making an
appointment under the provisions of this chapter the court shall be satisfied that the guardian
whose appointment is sought is a fit and proper person to be appointed. Upon the appointment
being made, the guardian shall execute and file a bond to be approved by the court in an amount
not less than the sum then due and estimated to become payable during the ensuing year. The
bond shall be in the form and be conditioned as required of a guardian appointed under the
guardianship laws of this state and it shall be the duty of the court having jurisdiction
of the cause, upon the application by any party in interest, to require the filing of an individual
bond in accordance with the provisions of this section without regard to the provisions of
any preexisting general or local statute or charter provision of...
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36-5-18
Section 36-5-18 Legal effect of official bonds. (a) Every official bond is obligatory on the
principal and sureties thereon for: (1) Every breach of the condition during the time the
officer continues in office or discharges any of the duties thereof; (2) The faithful discharge
of any duties which may be required of such officer by any law passed subsequently to the
execution of such bond, although no such condition is expressed therein; and (3) The use and
benefit of every person who is injured, as well by any wrongful act committed under color
of his office as by his failure to perform or the improper or neglectful performance of those
duties imposed by law. (b) The words, "for the use and benefit of every person injured,"
as used in subsection (a) of this section, shall include all person having a direct and proximate
interest in the official act or omission and all persons connected with such official act
or omission, by estate or interest. (Code 1852, §130; Code 1867, §169; Code...
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45-35A-54.25
Section 45-35A-54.25 Oath of office; bond. Every person elected to the office of commissioner,
on or before the first Monday of October next succeeding his or her election, shall qualify
by making oath that he or she is eligible for the office and will execute the duties of same
according to his or her best knowledge and ability. The oath shall be administered by the
retiring mayor, or by a notary public, or by a member of the commission. The mayor shall give
bond with sufficient sureties in an amount not less than twenty thousand dollars ($20,000)
nor more than one hundred thousand dollars ($100,000), such amount to be fixed and the bond
to be approved by the board of commissioners, payable to the city, conditioned upon the faithful
performance of his or her duties as commissioner and mayor. For the same purposes and reason
each of the associate commissioners shall give bond with sufficient sureties in the amount
of ten thousand dollars ($10,000), all of which bonds shall be approved...
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36-5-14
Section 36-5-14 Liability of sureties on bonds conditionally executed. A surety on an official
bond or on a bond intended as an official bond cannot avoid liability thereon on the ground
that he signed or delivered it on condition that it should not be delivered to the proper
officer or should not become perfect unless it was executed by some other person who does
not execute it. The provisions of this section shall apply to bonds of state, county, municipal
and public corporate officers; to bonds of executors, administrators, guardians, receivers,
assignees, and other trustees, and to all bonds and undertakings executed in the commencement
or progress of any suit or judicial proceeding, civil or criminal. (Code 1886, §276; Code
1896, §3090; Code 1907, §1505; Code 1923, §2617, Code 1940, T. 41, §56.)...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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26-2A-140
Section 26-2A-140 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally
liable with the conservator and with each other. (2) By executing an approved bond of a conservator,
the surety consents to the jurisdiction of the court that issued letters to the primary obligor
in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety
as a party respondent. Notice of any proceeding must be delivered to the surety or mailed
by registered or certified mail to the address listed with the court at the place where the
bond is filed and to the address as then known to the petitioner. (3) On petition of a successor
conservator or any interested person, a proceeding may be initiated against a surety for breach
of the obligation of the bond of the conservator. (4) The bond of the conservator is not void
after the first recovery but may be proceeded...
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