Title 49, Title 49. Oaths, Affirmations and Bonds

The oaths to be taken by a person elected a member of either house of the General Assembly shall be administered by the clerk or presiding officer of the houses, respectively, or a notary. Those to be taken by any judge of any court of record elected by the General Assembly shall…

Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner appointed by the Governor, a judge or clerk or deputy clerk of a court, a commissioner or cl…

An affidavit may also be made before any officer of any state or country authorized by its laws to administer an oath, and shall be deemed duly authenticated if it be subscribed by such officer and there be annexed to it a certificate of the clerk or any other officer of a court …

Whenever the purchaser of any fuel, provisions or other thing, whether of like kind with fuel and provisions or not, is required to make oath or affidavit as to the quantity or value of such fuel, provisions or other thing then in the possession of such purchaser, or to make any …

An affidavit filed for a corporation or other entity may be made by its president, vice-president, general manager, cashier, treasurer, a director or attorney without any special authorization therefor, or by any person authorized by a majority of its stockholders, directors, par…

When a person elected or appointed to any office or post takes the oaths required of him in a court of record, a transcript from the record of the court, stating the fact of their having been taken, and when he takes such oaths before a judge, or other person, a certificate of th…

If any person required to take an oath shall declare that he has religious scruples as to the propriety of taking it, he may make a solemn affirmation, which shall in all respects have the same effect as an oath.

Every bond required by law to be taken or approved by or given before any court, board or officer, unless otherwise provided, shall be made payable to the Commonwealth of Virginia, with surety deemed sufficient by such court, board or officer. Every such bond required of any pers…

The proper court, whenever, in its opinion, it may be necessary for the protection of the public interests, may order any officer, of whom a bond is required by law, to give a new bond, or a bond in addition to one already given, within such time, not less than ten nor more than …

When it is provided by any section of this Code, or shall be provided by any subsequent statute, that any new bond, or bond in addition to one already given, may be required to be given by any officer, fiduciary or any other person, if such new bond, when required, be given and a…

Any company with a paid-up cash capital of not less than $250,000, incorporated and organized under the laws of any state of the United States or foreign country, for the purpose of transacting business as surety on obligations of persons or corporations, and which has complied w…

Any court, judge or other officer whose duty it is to pass upon the account of any person or corporation required to execute a bond with surety or sureties, as hereinbefore provided, shall, whenever any such person or corporation has given any such surety company as surety upon s…

Any such company which shall execute any bond as surety under the provisions of this chapter shall be estopped, in any proceedings to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute such instrument or assume such liability.

If any company organized and incorporated under the laws of this Commonwealth, or of any other state in the United States, or of any foreign country, for the purpose of transacting business as surety on obligations for persons, after having complied with the requirements of law r…

In any instance in which the provisions of this Code require a bond with surety, neither a seal nor a facsimile of a seal shall be required for the validity thereof.

Suits, or motions as provided by § 8.01-227, may be prosecuted from time to time upon any bond mentioned in §§ 49-12 and 49-13, in the name of the Commonwealth, for the benefit of the Commonwealth, a county or any persons injured by any breach of the condition of such bond, as of…

Any bond required by law to be given upon an injunction, appeal, writ of error, supersedeas or other proceeding in a civil suit may be payable to the party entitled to the benefit thereof, notwithstanding anything contained in § 49-12.

If any officer or person mentioned in § 49-12 shall act in his office, post or trust before giving such bonds as are required by law, he shall forfeit not less than $100 nor more than $1,000.

When the surety, or his committee or personal representative, of any officer, or commissioner or receiver under decree of a court, required to give bond shall petition the court by which the bond is taken, or in which, or in the clerk's office of which, it is recorded, or the cir…

A surety, or his committee, or personal representative, in a bond, other than the bond of a commissioner or receiver, given under a decree or order of a court for the payment of money, if no suit be pending for the recovery thereof, may file his petition in the court which render…

If any such officer, commissioner or receiver, being so required, shall fail to give a new bond, as provided in § 49-22, within the time required by the court, he shall be deemed to be guilty of a breach of duty, and shall be forthwith removed from his office or trust.

The surety, guarantor or endorser, or his committee or personal representative, of any person bound by any contract may, if a right of action has accrued thereon, require the creditor or his committee or personal representative, by notice in writing, to institute suit thereon, an…

If such creditor, or his committee or personal representative, shall not, within thirty days after such requirement, institute suit against every party to such contract who is resident in this Commonwealth and not insolvent and prosecute the same with due diligence to judgment an…

If any person liable as bail, surety, guarantor or endorser, or any sheriff liable for not taking sufficient bail, or the committee, heir or personal representative of any so liable, pay, in whole or in part, such note, bond or other demand, or any judgment, decree or execution r…

If any such surety, other than bail, or his committee, heir or personal representative, confess judgment, or suffer judgment to go against him by default, without giving notice to his principal, if he be a resident of the Commonwealth, or his committee or personal representative,…

In all cases in which any principal debtor, or his committee, representative or heirs, knowing of the pendency of any suit against his surety, or the committee, heir or personal representative of such surety, shall not offer to defend such suit, he shall be precluded from making …