Title 59, PUBLIC OFFICERS IN GENERAL

59-805. BOND REQUIRED UNDER OTHER LAWS. Whenever a public official or an employee is required by another law to post bond or surety as a prerequisite to entering employment or assuming office, the requirement is met when bond coverage or suitable crime insurance coverage is provi…

59-806. BONDS OF COUNTY OFFICERS -- APPROVAL, FILING, AND RECORDING -- INSUFFICIENCY OF SURETIES -- PROCEEDINGS. It shall be the duty of the board of county commissioners of each county to periodically, but not less than twice yearly, review, examine, and inquire into the suffici…

59-807. INSUFFICIENCY OF SURETIES -- ADDITIONAL BOND. The additional bond must be in such penalty as directed by the court, judge, board, officer or other person, and in all other respects similar to the original bond, and approved by and filed with the same officer as required i…

59-808. ORIGINAL BOND NOT DISCHARGED BY ADDITIONAL BOND. In no case is the original bond discharged or affected when an additional bond has been given, but the same remains of like force and obligation as if such additional bond had not been given.

59-809. RECORD OF OFFICIAL BONDS. Official bonds, after having been approved, must be recorded in a book kept for that purpose, and entitled "Record of Official Bonds."

59-810. SURETIES FOR LESS THAN PENAL SUM. When the penal sum of any bond required to be given amounts to more than one thousand dollars ($1,000), the sureties may become severally liable for portions of not less than five hundred dollars ($500) thereof, making in the aggregate at…

59-811. CUSTODY OF OFFICIAL BONDS -- CERTIFIED COPIES GIVEN. Every officer with whom official bonds are filed must carefully keep and preserve the same, and give certified copies thereof to any person demanding the same, upon being paid the same fees as are allowed by law for cer…

59-812. FORM OF BOND. All official bonds must be in form joint and several, and made payable to the state of Idaho in such penalty and with such conditions as required by this chapter, or the law creating or regulating the duties of the office.

59-813. EXTENT OF SURETIES' LIABILITY. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof committed during the time such officer continues to discharge a…

59-814. EXTENT OF SURETIES' LIABILITY -- DUTIES SUBSEQUENTLY IMPOSED. Every such bond is in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution…

59-815. SUITS BY PERSONS INJURED. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein to and for the state of Idaho, and to and for the use and benefit of all persons who may be injured or aggrieved by the…

59-816. SUCCESSIVE SUITS BY PERSONS INJURED. No such bond is void on the first recovery of a judgment thereon; but suit may be afterward brought, from time to time, and judgment recovered thereon by the state of Idaho, or by any person to whom a right of action has accrued, again…

59-817. DEFECTS IN BOND NOT TO AFFECT LIABILITY. Whenever an official bond does not contain the substantial matter or conditions required by law, or there are any defects in the approval or filing thereof, it is not void so as to discharge such officer and his sureties; but they …

59-818. ACTION ON EITHER BOND. The officer and his sureties are liable to any party injured by the breach of any condition of any official bond, after the execution of the additional bond, upon either or both bonds, and such party may bring his action upon either bond, or he may …

59-819. SEPARATE JUDGMENT ON BOND. If separate judgments are recovered on the bonds by such party for the same cause of action, he is entitled to have execution issued on such judgments respectively, but he must only collect, by execution or otherwise, the amount actually adjudge…

59-820. CONTRIBUTION BETWEEN SURETIES. Whenever the sureties on either bond have been compelled to pay any sum of money on account of the principal obligor therein, they are entitled to recover, in any court of competent jurisdiction, of the sureties on the remaining bond, a dist…

59-821. DISCHARGE OF SURETIES BY NEW BOND. Whenever any sureties on the official bond of any officer wish to be discharged from their liability, they and such officer may procure the same to be done if such officer will execute a new bond, with sufficient sureties, in like form, …

59-822. VACANCIES -- BOND OF APPOINTEE. Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as hereinbefore provided.

59-823. RELEASE OF SURETIES. Any surety on the official bond of a city, district, precinct, county or state officer may be relieved from liabilities thereon afterward accruing by complying with the provisions of the three (3) sections following.

59-824. RELEASE OF SURETIES -- APPLICATION FOR RELEASE. Such surety must file with the judge, court, board, officer or other person authorized by law to approve such official bond, a statement in writing setting forth the desire of the surety to be relieved from all liabilities t…

59-825. RELEASE OF SURETIES -- SERVICE OF STATEMENT. A copy of the statement must be served on the officer named in such official bond and due return or affidavit of service made thereon as in other cases.

59-826. RELEASE OF SURETIES -- OFFICE DECLARED VACANT. In twenty (20) days after the service of such notice the judge, court, board, officer, or other person with whom the same is filed, must make an order declaring such office vacant, and releasing such surety from all liability…

59-827. RELEASE OF SURETIES -- REMAINING SURETIES LIABLE. The release, discharge, voluntary withdrawal, or incompetency, of a surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or change their liability in any respect.

59-828. RELEASE OF SURETIES -- ACCRUED LIABILITIES UNAFFECTED. No surety must be released from damages or liabilities for acts, omissions, or causes existing or which arose before the making of the order releasing him from liability, but such legal proceedings may be had therefor…

59-829. ACTION ON BONDS -- LIS PENDENS. When an action is commenced in any court in this state for the benefit of the state, to enforce the penalty of, or to recover money upon, an official bond or obligation, or any bond or obligation executed in favor of the state of Idaho, or …

59-830. LIS PENDENS -- FILING AND RECORDING -- EFFECT -- CLERK'S FEES. Upon receiving such certificate, the county recorder must indorse upon it the time of its reception, and such certificate must be filed and recorded in the same manner as notices of the pendency of an action a…

59-831. NOTIFICATION OF EXPIRATION OR FAILURE TO FURNISH OFFICIAL BOND -- COLLECTION AND DEPOSIT OF UNEARNED PREMIUMS. In addition to the other duties prescribed by law, it shall be the duty of the secretary of state, in the case of official bonds of state officers or employees, …