If a sheriff executes a bond pursuant to section 30-10-501 (1), the condition of the bond shall be in substance as follows: "Whereas, the above bounden .......... was elected to the office of sheriff of the county of .........., on the .......... day of ..........; Now, the condition of this obligation is such that if the said ................ shall well and faithfully perform and execute the duties of the office of sheriff of said county of .......... while in office by virtue of said election without fraud, deceit, or oppression, shall pay over all moneys that may come into the hands of the sheriff, and shall deliver to the sheriff's successor in office all writs, papers, and other things pertaining to the office that may be so required by law, then the above obligations shall be void, otherwise to be and remain in full force and effect."
Source: G.L. § 490. G.S. § 594. R.S. 08: § 1274. C.L. § 8749. CSA: C. 45, § 96. CRS 53: § 35-5-2. C.R.S. 1963: § 35-5-2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 560, § 16, effective August 11.
ANNOTATION
There can be no recovery upon an official bond outside its terms. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).
And it is the second condition of the statutory bond which applies to money collected by the sheriff, and it is the second condition of the bond in suit which undertakes to direct the disposition to be made by the sheriff of money received by him as an officer, and it requires him to turn the money over, not to the party entitled to it, but to his successors in office, so that the condition was not broken by his failure to pay it to the judgment creditor. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).