38-257. Justification of sureties; officers
ineligible as sureties
A. The officer whose duty it is to approve the bond shall not accept or approve it
unless the sureties severally justify as required by law.
B. A member of the board of supervisors shall not be accepted as surety upon the
official bond of any county or precinct officer of the county, nor shall the sheriff,
treasurer, recorder, assessor or county attorney of the same county become sureties upon
official bonds for each other.
C. Officers shall not approve any bond when the financial standing and ability of
the sureties thereon are unknown to them, or when any of the sureties thereon are
assessed for the current year for taxes upon property the aggregate value of which is
less than the amount for which the surety becomes liable upon the bond, unless either:
1. The surety is first examined under oath before the officer authorized to approve
the bond concerning the surety's ability to respond in damages.
2. The approving officer, upon examination and after diligent inquiry into the
assets and liabilities of the proposed surety, is satisfied that the proposed surety is
good and possesses ample means to respond in double the amount for which the surety
proposes to become liable upon the bond.
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