ยง46-28 - Extent of liability.
ยง46-28ย Extent of liability.ย Every bond
required or given under the authority of this chapter shall be construed to
cover all duties now or hereafter required, prescribed, or defined by any law,
or by the appointment or employment of the obligor, and all duties required of
the obligor by the terms, provisions, or conditions of any law, or by the
obligor's appointment, employment, or position, or by any departmental rule or
regulation, or by any direction, order, or command of the head of the
department, office, bureau, or service in question, and all duties and acts
undertaken, assumed or performed by the obligor, by virtue or color of the
obligor's office, appointment, or employment, and all the duties and acts shall
be considered to have been undertaken, assumed, performed, or done as the case
may be by specific requirement of statute, whether the obligor undertaking,
assuming, performing, or doing any such duty or act, is designated, described,
named in, or recognized by any statute or not.ย No surety shall be released or
relieved from liability upon any bond by reason of the fact that the office,
appointment, employment, or position, held, occupied, assumed, or undertaken by
the obligor is not specifically named in or recognized by any statute, or by reason
of the fact that any or all of the duties or acts undertaken, assumed, or
performed by the obligor by virtue or color of the obligor's office,
appointment, employment, or position are not specifically required, defined, or
prescribed by any statute or departmental rule or regulation made under the
express or implied authority of any statute.
No bond shall be held void for any formal
defects therein. [L 1915, c 67, ยง3; RL 1925, ยง2172; RL 1935, ยง2312; RL 1945,
ยง6003; RL 1955, ยง138-3; HRS ยง46-28; gen ch 1985]