Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 52. Table of Contents]
52-1-1 Official bonds to run to state, county, city or other agency.
When the law directs that a public officer shall give
a bond without prescribing to whom it shall run it shall
be made, if he is a state officer, to the state; if a county,
precinct or district officer, to the county; if a municipal
officer, to the city or town; and if a school officer, to
the board of education.
1953
52-1-2 Bonds to state - Approval and recording - Filing of oaths.
Whenever state officers, officials of state institutions,
or other persons, are required to give official bonds to
the state, the bonds, unless otherwise provided, shall be
approved by the Division of Finance, and recorded by the
state treasurer in a book kept for that purpose. The oaths
of office of all state officials shall be filed with the
Division of Archives.
1984
52-1-3 County, precinct and district officers - Where filed.
Official oaths and bonds of county, precinct and district
officers shall be filed with the county clerk, except those
of the county clerk which shall be filed with the county
treasurer.
1953
52-1-4 City officers - Where filed.
Official oaths and bonds of city officers shall be filed
with the city recorder, except those of the city recorder
which shall be filed with the city treasurer.
1953
52-1-5 Town officers - Where filed.
Official oaths and bonds of town officers shall be filed
with the town clerk, except those of the town clerk which
shall be filed with the town treasurer.
1953
52-1-6 School district officers - Where filed.
Official oaths and bonds of school district officers shall
be filed with the clerk of the board of education, except
those of the clerk which shall be filed with the treasurer
of the board of education.
1953
52-1-7 Bonds to be deemed security.
The official bond of a public officer shall be deemed
a security to the state, county, city, town, school district
or other municipal or public corporation, as the case may
be, and also to all persons severally, for official delinquencies
against which it is intended to provide.
1953
52-1-8 Official bonds - Actions on - Parties.
When a public officer by official misconduct or neglect
of duty shall forfeit his official bond or render his sureties
liable thereon, any person injured by such misconduct or
neglect, or who is by law entitled to the benefit of the
security, may maintain an action thereon in his own name
against the officer and his sureties to recover the amount
to which he may by reason thereof be entitled.
1953
52-1-9 Successive actions on official bonds.
A judgment in favor of a party for one delinquency does
not preclude the same or another party from suing on the
same security for another delinquency, but sureties can be
made liable in the aggregate only to the extent of their
undertaking.
1953
52-1-10 Duties imposed by subsequent laws covered by bond - Informalities in bond not to affect validity.
The bonds of all civil officers shall cover duties required
by laws passed subsequent to giving them. No bond shall be
void for failure to comply with the law as to matters of
form, but it shall be valid as to all matters contained therein,
if it complies substantially with the law.
1953
52-1-11 Bonds to cover special penalties and liabilities.
Whenever, except in criminal prosecutions, any special
penalty, forfeiture or liability is imposed upon any officer
for nonperformance or malperformance of his official duties,
the liability therefor attaches to the official bond of such
officer.
1953
52-1-12 Cost of bonds - How paid.
The cost of any official bond required to be furnished
by any public treasurer shall be paid out of the funds in
the respective treasuries.
1953
52-1-13 Sureties - Approval - Personal surety bond - Requirements.
In all cases where a bond is required of any public officer
in this state, either a corporate surety bond or a personal
surety bond may be given. Such bonds shall be subject to
approval as provided by law. No personal surety bond shall
be approved except with two or more sureties and each such
surety shall first make and file an affidavit setting forth
that he is a resident and freeholder within the state of
Utah and is worth the sum specified in the undertaking, over
and above all of his just debts and liabilities and exclusive
of property exempt from execution and shall include in such
affidavit a detailed statement of all of his assets and liabilities;
and the making of any material false statement in respect
thereto shall constitute a felony; provided further, that
when there are more than two sureties thereon, they may express
in their affidavits that they are severally worth amounts
less than that expressed in the bond if the whole amount
of all sureties is equivalent to double the penalty of the
bond. No premium on any surety bond with personal sureties
shall be paid from any public funds. The several boards,
courts or officers authorized by law to approve bonds herein
referred to may require sureties on personal surety bonds
to justify annually and, in case of failure to so justify,
such boards or officers may require additional sureties or
a new bond. In case of failure of any public officer to have
his sureties justify when so required or to furnish additional
sureties when required, as herein provided, the board or
officer charged with the duty of approving the bond of such
officer shall declare such office vacant within sixty days
after notice personally served upon the officer, and at the
expiration of said sixty-day period such office shall become
vacant unless such sureties justify or additional qualified
sureties be furnished within said period.
1953
