Whenever any officer required by law to give an official bond shall act under a bond which is not payable and conditioned or not approved and filed as prescribed by law, such bond shall not be void but shall stand in the place of the official bond, subject, on its condition being broken, to all the remedies, including actions, which the persons aggrieved might have maintained on the official bond.
(Orig. Code 1863, § 161; Code 1868, § 156; Code 1873, § 167; Code 1882, § 167; Civil Code 1895, § 263; Civil Code 1910, § 298; Code 1933, § 89-419.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, §§ 133, 134.
C.J.S.- 67 C.J.S., Officers and Public Employees, § 473 et seq.
ALR.
- Liability of sureties on bond of public officer as affected by fact that it was not signed by him, 110 A.L.R. 959.