State Codes and Statutes

Statutes > Wyoming > Title38 > Chapter2

CHAPTER 2 - Surety Bonds

 

38-2-101. Bonds of officers having custody of money; of whom required;conditions.

 

Thestate treasurer and the treasurer of each county, city, town, school district,irrigation district, drainage district, and any other public officer having thecustody of moneys, shall be required to furnish a bond in the amount requiredby law, which bond shall be conditioned that he shall faithfully perform all ofthe duties of his office as prescribed by law, and that he will safely keep allmoneys which may come into his hands by virtue of his office, that he willpromptly pay over to the person or persons legally authorized to receive thesame all such moneys in the manner provided by law, and that he will deliverover to his successor in office all moneys held by him as such officer. Each ofthe said officers, and his bondsmen and sureties, respectively, shall beresponsible for the safekeeping and paying over according to law of all fundswhich shall come into his hands by virtue of his office.

 

38-2-102. Sureties and bondsmen on official bonds.

 

Thesureties and bondsmen on such official bonds shall be residents of the state ofWyoming, who shall duly qualify to own property in the state amounting in theaggregate to double the amount of the bond upon which they become sureties.Provided, however, that any surety or guaranty company, duly qualified to actas surety or guarantor in this state upon executing such bonds, shall beaccepted in lieu of such sureties.

 

38-2-103. Payment of premium when bond of state, etc., treasurerfurnished by surety company.

 

Whenthe bond of the state treasurer or of the treasurer of any county, city, town,or school district in this state shall be furnished by a guaranty or suretycompany, the premium due such company for furnishing such bond shall be paidout of the public funds of said state, county, city, town, or school district,respectively; and the premium due on the bond of the state treasurer shall bepaid out of the contingent fund in his office.

 

38-2-104. Form of condition of obligation.

 

Allbonds required by the three (3) preceding sections may be conditioned asfollows:

 

"Whereas, the above bounden .... was.... to the office of .... on the .... day of .... A.D., .....

 

Now, therefore, the conditions of thisobligation are such that if the said bounden .... and his deputies shall welland truly perform all the duties of his said office of .... as is or may beprescribed by law and shall with all reasonable skill, diligence, good faithand honesty safely keep and be responsible for all funds coming into the handsof such officer by virtue of his office; and pay over without delay to theperson or persons authorized by law to receive the same all moneys which maycome into his hands by virtue of his said office; and shall well and trulydeliver to his successor in office, or such other person or persons as areauthorized by law to receive the same, all moneys, books, papers and things ofevery kind and nature held by him as such officer, the above obligation to bevoid; otherwise remain in full force and effect."

 

38-2-105. Bonds of state, county and municipal officers; payment ofpremiums.

 

Anystate, county, municipal or district officer required by law or the order ofany state, county or municipal council, board or organization to give a bond orother obligation, may include as a part of the lawful expenses of executing andperforming the duties of his office, a reasonable sum paid a company authorizedunder the laws of this state to become his surety on the bond or obligation. Hemay pay the sum or expense from any contingent or other fund furnished by thestate, county, municipality or organization for the payment of the lawfulexpenses of the officer or may upon proper presentation of a claim for the sumor expense, have it paid by any state, county or municipal council, board ororganization that ordered and directed the bond or obligation to be furnished.

 

38-2-106. Bonds of state, county and municipal officers; release ofsureties.

 

Anysurety upon the bond of any state, county or municipal officer shall bereleased from further liability of such surety for such officer, by filing withthe person or persons having authority to approve said bond, or with whom saidbond is directed to be filed, a notice that said surety is unwilling longer tobe security for such state, county or municipal officer. When any notice shallbe filed as aforesaid, notice thereof shall immediately be given to such state,county or municipal officer, who shall thereupon file within fifteen (15) daysother security to be approved as provided by law. If said state, county ormunicipal officer shall not in the manner aforesaid file such bond to beapproved as aforesaid, the said office shall become vacant and the said vacancyshall be filled in manner as is now provided by law. If a new bond shall begiven by any officer, as hereinbefore provided, then the former surety orsureties shall be entirely released and discharged from all liability incurredby such officer after the time of the approval of said new bond, and thesureties to the new bond shall henceforth be liable as therein provided, afterthe approval of said new bond as aforesaid. The officer, officers, board orofficial body where or with whom said original bond was filed, shall have powerto declare any office or offices vacant as hereinbefore provided; provided,that no surety shall be released from further responsibility until the officeshall be declared vacant or a new bond approved by the proper authority.

 

38-2-107. Bonds of fiduciaries; payment of premium includable asexpense of trust.

 

Anyreceiver, assignee, guardian, trustee, committee, executor, administrator orcurator or other fiduciary required by law or the order of any court or judgeto give a bond or other obligation as such, may include as a part of the lawfulexpense of executing his trust, such reasonable sum paid a company authorizedunder the laws of this state so to do, for becoming his surety on such bond, asmay be allowed by the court in which or a judge before whom he is required toaccount, on bonds of one thousand dollars ($1,000.00) or more, not exceedingone-half of one percent per annum; on bonds of less than one thousand dollars($1,000.00), not to exceed the sum of five dollars ($5.00).

 

38-2-108. Bonds of fiduciaries; release of sureties.

 

Thesurety or the representative of any surety upon the bond of any trustee,committee, guardian, assignee, receiver, executor or administrator or otherfiduciary, may apply by petition to the court wherein such bond is filed, orwhich may have jurisdiction of such trustee, committee, guardian, assignee,receiver, executor or administrator or other fiduciary, or to a judge of saidcourt praying to be relieved from further liability as surety, for the acts oromissions of the trustees, committee, guardian, assignee, receiver, executor oradministrator or other fiduciary which may occur after the date of the orderrelieving such surety, to be granted as herein provided for, and to requiresuch trustee, committee, guardian, assignee, receiver, executor or otherfiduciary to show cause why he should not account and such surety be relievedfrom such future liability, as aforesaid, and such principal be required togive a new bond, and thereupon, upon the filing of such petition, the court, ora judge thereof, shall issue such order, returnable at such time and place, andto be served in such manner, as such court or judge may direct, and mayrestrain such trustee, committee, guardian, assignee, receiver, executor oradministrator or other fiduciary from acting, except in such manner as it maydirect to preserve the trust estate; and upon the return of such order to showcause, if the principal in the bond account in due form of law and file a newbond duly approved, then such court or judge must make an order releasing suchsurety filing the petition, as aforesaid, from liability upon the bond for anysubsequent act or default of the principal, and in default of such principalthus accounting and filing such new bond, such court or judge must make anorder, directing such trustee, committee, guardian, assignee, receiver,executor or administrator or other fiduciary to account in due form of law, andthat if the trust fund or estate shall be satisfactorily accounted for anddelivered or properly secured, such surety shall be discharged from any and allfurther liability as such, for the subsequent acts or omissions of the trustee,committee, guardian, assignee, receiver, executor or administrator or otherfiduciary, after the date of such surety being so relieved and discharged, anddischarging such trustee, committee, guardian, assignee, receiver, executor oradministrator.

 

38-2-109. Recovery of premium as part of costs in actions andproceedings.

 

Inall actions and proceedings wherein the parties thereto have furnished anybond, recognizance, undertaking, stipulation or other obligation, payingtherefor to any company so authorized to do, a premium for such bond orobligation, such party, if entitled to recover costs in said action, shall beallowed and may tax and recover such sum paid such a company for executing anybond, recognizance, undertaking, stipulation or other obligation therein, notexceeding however, one-half of one percent on the amount of such bond,recognizance, undertaking, stipulation or other obligation on bonds of onethousand dollars ($1,000.00) or more during each year the same has been inforce; on bonds less than one thousand dollars ($1,000.00), not to exceed thesum of five dollars ($5.00).

 

State Codes and Statutes

Statutes > Wyoming > Title38 > Chapter2

CHAPTER 2 - Surety Bonds

 

38-2-101. Bonds of officers having custody of money; of whom required;conditions.

 

Thestate treasurer and the treasurer of each county, city, town, school district,irrigation district, drainage district, and any other public officer having thecustody of moneys, shall be required to furnish a bond in the amount requiredby law, which bond shall be conditioned that he shall faithfully perform all ofthe duties of his office as prescribed by law, and that he will safely keep allmoneys which may come into his hands by virtue of his office, that he willpromptly pay over to the person or persons legally authorized to receive thesame all such moneys in the manner provided by law, and that he will deliverover to his successor in office all moneys held by him as such officer. Each ofthe said officers, and his bondsmen and sureties, respectively, shall beresponsible for the safekeeping and paying over according to law of all fundswhich shall come into his hands by virtue of his office.

 

38-2-102. Sureties and bondsmen on official bonds.

 

Thesureties and bondsmen on such official bonds shall be residents of the state ofWyoming, who shall duly qualify to own property in the state amounting in theaggregate to double the amount of the bond upon which they become sureties.Provided, however, that any surety or guaranty company, duly qualified to actas surety or guarantor in this state upon executing such bonds, shall beaccepted in lieu of such sureties.

 

38-2-103. Payment of premium when bond of state, etc., treasurerfurnished by surety company.

 

Whenthe bond of the state treasurer or of the treasurer of any county, city, town,or school district in this state shall be furnished by a guaranty or suretycompany, the premium due such company for furnishing such bond shall be paidout of the public funds of said state, county, city, town, or school district,respectively; and the premium due on the bond of the state treasurer shall bepaid out of the contingent fund in his office.

 

38-2-104. Form of condition of obligation.

 

Allbonds required by the three (3) preceding sections may be conditioned asfollows:

 

"Whereas, the above bounden .... was.... to the office of .... on the .... day of .... A.D., .....

 

Now, therefore, the conditions of thisobligation are such that if the said bounden .... and his deputies shall welland truly perform all the duties of his said office of .... as is or may beprescribed by law and shall with all reasonable skill, diligence, good faithand honesty safely keep and be responsible for all funds coming into the handsof such officer by virtue of his office; and pay over without delay to theperson or persons authorized by law to receive the same all moneys which maycome into his hands by virtue of his said office; and shall well and trulydeliver to his successor in office, or such other person or persons as areauthorized by law to receive the same, all moneys, books, papers and things ofevery kind and nature held by him as such officer, the above obligation to bevoid; otherwise remain in full force and effect."

 

38-2-105. Bonds of state, county and municipal officers; payment ofpremiums.

 

Anystate, county, municipal or district officer required by law or the order ofany state, county or municipal council, board or organization to give a bond orother obligation, may include as a part of the lawful expenses of executing andperforming the duties of his office, a reasonable sum paid a company authorizedunder the laws of this state to become his surety on the bond or obligation. Hemay pay the sum or expense from any contingent or other fund furnished by thestate, county, municipality or organization for the payment of the lawfulexpenses of the officer or may upon proper presentation of a claim for the sumor expense, have it paid by any state, county or municipal council, board ororganization that ordered and directed the bond or obligation to be furnished.

 

38-2-106. Bonds of state, county and municipal officers; release ofsureties.

 

Anysurety upon the bond of any state, county or municipal officer shall bereleased from further liability of such surety for such officer, by filing withthe person or persons having authority to approve said bond, or with whom saidbond is directed to be filed, a notice that said surety is unwilling longer tobe security for such state, county or municipal officer. When any notice shallbe filed as aforesaid, notice thereof shall immediately be given to such state,county or municipal officer, who shall thereupon file within fifteen (15) daysother security to be approved as provided by law. If said state, county ormunicipal officer shall not in the manner aforesaid file such bond to beapproved as aforesaid, the said office shall become vacant and the said vacancyshall be filled in manner as is now provided by law. If a new bond shall begiven by any officer, as hereinbefore provided, then the former surety orsureties shall be entirely released and discharged from all liability incurredby such officer after the time of the approval of said new bond, and thesureties to the new bond shall henceforth be liable as therein provided, afterthe approval of said new bond as aforesaid. The officer, officers, board orofficial body where or with whom said original bond was filed, shall have powerto declare any office or offices vacant as hereinbefore provided; provided,that no surety shall be released from further responsibility until the officeshall be declared vacant or a new bond approved by the proper authority.

 

38-2-107. Bonds of fiduciaries; payment of premium includable asexpense of trust.

 

Anyreceiver, assignee, guardian, trustee, committee, executor, administrator orcurator or other fiduciary required by law or the order of any court or judgeto give a bond or other obligation as such, may include as a part of the lawfulexpense of executing his trust, such reasonable sum paid a company authorizedunder the laws of this state so to do, for becoming his surety on such bond, asmay be allowed by the court in which or a judge before whom he is required toaccount, on bonds of one thousand dollars ($1,000.00) or more, not exceedingone-half of one percent per annum; on bonds of less than one thousand dollars($1,000.00), not to exceed the sum of five dollars ($5.00).

 

38-2-108. Bonds of fiduciaries; release of sureties.

 

Thesurety or the representative of any surety upon the bond of any trustee,committee, guardian, assignee, receiver, executor or administrator or otherfiduciary, may apply by petition to the court wherein such bond is filed, orwhich may have jurisdiction of such trustee, committee, guardian, assignee,receiver, executor or administrator or other fiduciary, or to a judge of saidcourt praying to be relieved from further liability as surety, for the acts oromissions of the trustees, committee, guardian, assignee, receiver, executor oradministrator or other fiduciary which may occur after the date of the orderrelieving such surety, to be granted as herein provided for, and to requiresuch trustee, committee, guardian, assignee, receiver, executor or otherfiduciary to show cause why he should not account and such surety be relievedfrom such future liability, as aforesaid, and such principal be required togive a new bond, and thereupon, upon the filing of such petition, the court, ora judge thereof, shall issue such order, returnable at such time and place, andto be served in such manner, as such court or judge may direct, and mayrestrain such trustee, committee, guardian, assignee, receiver, executor oradministrator or other fiduciary from acting, except in such manner as it maydirect to preserve the trust estate; and upon the return of such order to showcause, if the principal in the bond account in due form of law and file a newbond duly approved, then such court or judge must make an order releasing suchsurety filing the petition, as aforesaid, from liability upon the bond for anysubsequent act or default of the principal, and in default of such principalthus accounting and filing such new bond, such court or judge must make anorder, directing such trustee, committee, guardian, assignee, receiver,executor or administrator or other fiduciary to account in due form of law, andthat if the trust fund or estate shall be satisfactorily accounted for anddelivered or properly secured, such surety shall be discharged from any and allfurther liability as such, for the subsequent acts or omissions of the trustee,committee, guardian, assignee, receiver, executor or administrator or otherfiduciary, after the date of such surety being so relieved and discharged, anddischarging such trustee, committee, guardian, assignee, receiver, executor oradministrator.

 

38-2-109. Recovery of premium as part of costs in actions andproceedings.

 

Inall actions and proceedings wherein the parties thereto have furnished anybond, recognizance, undertaking, stipulation or other obligation, payingtherefor to any company so authorized to do, a premium for such bond orobligation, such party, if entitled to recover costs in said action, shall beallowed and may tax and recover such sum paid such a company for executing anybond, recognizance, undertaking, stipulation or other obligation therein, notexceeding however, one-half of one percent on the amount of such bond,recognizance, undertaking, stipulation or other obligation on bonds of onethousand dollars ($1,000.00) or more during each year the same has been inforce; on bonds less than one thousand dollars ($1,000.00), not to exceed thesum of five dollars ($5.00).

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title38 > Chapter2

CHAPTER 2 - Surety Bonds

 

38-2-101. Bonds of officers having custody of money; of whom required;conditions.

 

Thestate treasurer and the treasurer of each county, city, town, school district,irrigation district, drainage district, and any other public officer having thecustody of moneys, shall be required to furnish a bond in the amount requiredby law, which bond shall be conditioned that he shall faithfully perform all ofthe duties of his office as prescribed by law, and that he will safely keep allmoneys which may come into his hands by virtue of his office, that he willpromptly pay over to the person or persons legally authorized to receive thesame all such moneys in the manner provided by law, and that he will deliverover to his successor in office all moneys held by him as such officer. Each ofthe said officers, and his bondsmen and sureties, respectively, shall beresponsible for the safekeeping and paying over according to law of all fundswhich shall come into his hands by virtue of his office.

 

38-2-102. Sureties and bondsmen on official bonds.

 

Thesureties and bondsmen on such official bonds shall be residents of the state ofWyoming, who shall duly qualify to own property in the state amounting in theaggregate to double the amount of the bond upon which they become sureties.Provided, however, that any surety or guaranty company, duly qualified to actas surety or guarantor in this state upon executing such bonds, shall beaccepted in lieu of such sureties.

 

38-2-103. Payment of premium when bond of state, etc., treasurerfurnished by surety company.

 

Whenthe bond of the state treasurer or of the treasurer of any county, city, town,or school district in this state shall be furnished by a guaranty or suretycompany, the premium due such company for furnishing such bond shall be paidout of the public funds of said state, county, city, town, or school district,respectively; and the premium due on the bond of the state treasurer shall bepaid out of the contingent fund in his office.

 

38-2-104. Form of condition of obligation.

 

Allbonds required by the three (3) preceding sections may be conditioned asfollows:

 

"Whereas, the above bounden .... was.... to the office of .... on the .... day of .... A.D., .....

 

Now, therefore, the conditions of thisobligation are such that if the said bounden .... and his deputies shall welland truly perform all the duties of his said office of .... as is or may beprescribed by law and shall with all reasonable skill, diligence, good faithand honesty safely keep and be responsible for all funds coming into the handsof such officer by virtue of his office; and pay over without delay to theperson or persons authorized by law to receive the same all moneys which maycome into his hands by virtue of his said office; and shall well and trulydeliver to his successor in office, or such other person or persons as areauthorized by law to receive the same, all moneys, books, papers and things ofevery kind and nature held by him as such officer, the above obligation to bevoid; otherwise remain in full force and effect."

 

38-2-105. Bonds of state, county and municipal officers; payment ofpremiums.

 

Anystate, county, municipal or district officer required by law or the order ofany state, county or municipal council, board or organization to give a bond orother obligation, may include as a part of the lawful expenses of executing andperforming the duties of his office, a reasonable sum paid a company authorizedunder the laws of this state to become his surety on the bond or obligation. Hemay pay the sum or expense from any contingent or other fund furnished by thestate, county, municipality or organization for the payment of the lawfulexpenses of the officer or may upon proper presentation of a claim for the sumor expense, have it paid by any state, county or municipal council, board ororganization that ordered and directed the bond or obligation to be furnished.

 

38-2-106. Bonds of state, county and municipal officers; release ofsureties.

 

Anysurety upon the bond of any state, county or municipal officer shall bereleased from further liability of such surety for such officer, by filing withthe person or persons having authority to approve said bond, or with whom saidbond is directed to be filed, a notice that said surety is unwilling longer tobe security for such state, county or municipal officer. When any notice shallbe filed as aforesaid, notice thereof shall immediately be given to such state,county or municipal officer, who shall thereupon file within fifteen (15) daysother security to be approved as provided by law. If said state, county ormunicipal officer shall not in the manner aforesaid file such bond to beapproved as aforesaid, the said office shall become vacant and the said vacancyshall be filled in manner as is now provided by law. If a new bond shall begiven by any officer, as hereinbefore provided, then the former surety orsureties shall be entirely released and discharged from all liability incurredby such officer after the time of the approval of said new bond, and thesureties to the new bond shall henceforth be liable as therein provided, afterthe approval of said new bond as aforesaid. The officer, officers, board orofficial body where or with whom said original bond was filed, shall have powerto declare any office or offices vacant as hereinbefore provided; provided,that no surety shall be released from further responsibility until the officeshall be declared vacant or a new bond approved by the proper authority.

 

38-2-107. Bonds of fiduciaries; payment of premium includable asexpense of trust.

 

Anyreceiver, assignee, guardian, trustee, committee, executor, administrator orcurator or other fiduciary required by law or the order of any court or judgeto give a bond or other obligation as such, may include as a part of the lawfulexpense of executing his trust, such reasonable sum paid a company authorizedunder the laws of this state so to do, for becoming his surety on such bond, asmay be allowed by the court in which or a judge before whom he is required toaccount, on bonds of one thousand dollars ($1,000.00) or more, not exceedingone-half of one percent per annum; on bonds of less than one thousand dollars($1,000.00), not to exceed the sum of five dollars ($5.00).

 

38-2-108. Bonds of fiduciaries; release of sureties.

 

Thesurety or the representative of any surety upon the bond of any trustee,committee, guardian, assignee, receiver, executor or administrator or otherfiduciary, may apply by petition to the court wherein such bond is filed, orwhich may have jurisdiction of such trustee, committee, guardian, assignee,receiver, executor or administrator or other fiduciary, or to a judge of saidcourt praying to be relieved from further liability as surety, for the acts oromissions of the trustees, committee, guardian, assignee, receiver, executor oradministrator or other fiduciary which may occur after the date of the orderrelieving such surety, to be granted as herein provided for, and to requiresuch trustee, committee, guardian, assignee, receiver, executor or otherfiduciary to show cause why he should not account and such surety be relievedfrom such future liability, as aforesaid, and such principal be required togive a new bond, and thereupon, upon the filing of such petition, the court, ora judge thereof, shall issue such order, returnable at such time and place, andto be served in such manner, as such court or judge may direct, and mayrestrain such trustee, committee, guardian, assignee, receiver, executor oradministrator or other fiduciary from acting, except in such manner as it maydirect to preserve the trust estate; and upon the return of such order to showcause, if the principal in the bond account in due form of law and file a newbond duly approved, then such court or judge must make an order releasing suchsurety filing the petition, as aforesaid, from liability upon the bond for anysubsequent act or default of the principal, and in default of such principalthus accounting and filing such new bond, such court or judge must make anorder, directing such trustee, committee, guardian, assignee, receiver,executor or administrator or other fiduciary to account in due form of law, andthat if the trust fund or estate shall be satisfactorily accounted for anddelivered or properly secured, such surety shall be discharged from any and allfurther liability as such, for the subsequent acts or omissions of the trustee,committee, guardian, assignee, receiver, executor or administrator or otherfiduciary, after the date of such surety being so relieved and discharged, anddischarging such trustee, committee, guardian, assignee, receiver, executor oradministrator.

 

38-2-109. Recovery of premium as part of costs in actions andproceedings.

 

Inall actions and proceedings wherein the parties thereto have furnished anybond, recognizance, undertaking, stipulation or other obligation, payingtherefor to any company so authorized to do, a premium for such bond orobligation, such party, if entitled to recover costs in said action, shall beallowed and may tax and recover such sum paid such a company for executing anybond, recognizance, undertaking, stipulation or other obligation therein, notexceeding however, one-half of one percent on the amount of such bond,recognizance, undertaking, stipulation or other obligation on bonds of onethousand dollars ($1,000.00) or more during each year the same has been inforce; on bonds less than one thousand dollars ($1,000.00), not to exceed thesum of five dollars ($5.00).

 

Categories