Upon default or breach of any of the conditions of either the bond or the insurance policy required by section 30-10-311 by any county commissioner in this state, either the district attorney for the district in which such commissioner resided at the time of such breach, the county attorney of such county, or any taxpayer of the county who will become responsible for the costs of suit, may institute an action in any court of competent jurisdiction in such county in the name of the board of county commissioners of the county and against the principal and sureties upon the bond or the insurance policy for the damages such county has sustained by reason of the breach of any of the conditions contained in the bond or the insurance policy. When a suit is brought by any person other than the district or county attorney, the court may require surety for costs as in other civil cases.
Source: L. 1881: p. 98, § 7. G.S. § 570. L. 1885: p. 162, § 1. R.S. 08: § 1249. C.L. § 8725. CSA: C. 45, § 72. CRS 53: § 35-3-16. C.R.S. 1963: § 35-3-16. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 10, effective August 11.