Section 36-5-60
When surety may apply for discharge.
Any person who is surety upon the official bond of any state officer or employee may discharge himself of such suretyship whenever he is in danger of being made liable on such bond and has no adequate remedy against his principal in consequence of his inability to discharge such liability, upon his making an application in writing setting forth such facts.
(Code 1852, §144; Code 1867, §183; Code 1876, §197; Code 1886, §292; Code 1896, §3124; Code 1907, §1540; Code 1923, §2674; Code 1940, T. 41, §123.)