Surety’s statement desiring release from liability: Filing and service of notice; publication.

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1. Any surety desiring to be released from liability on the bond of the State Treasurer shall file with the Governor or Secretary of State a statement in writing duly subscribed by the surety, or someone in the surety’s behalf, setting forth:

(a) The name and office of the person for whom the surety is surety;

(b) The amount for which the surety is liable as surety; and

(c) The surety’s desire to be released from further liability on account thereof.

A notice containing the objects of such statement shall be served personally on the State Treasurer unless the State Treasurer has left the State, in which case the notice may be served by publication for 20 days in some newspaper printed at Carson City, or if none is printed there, then in such newspaper as shall be designated by the Governor or Secretary of State.

2. Any surety desiring to be released from the official bond of any county officer shall file and serve a similar statement. The statement, except when it concerns the county clerk personally, shall be filed with the clerk of the board of county commissioners, and when the county clerk is personally concerned, the statement shall be filed with the county auditor.

3. Any surety desiring to be released from liability on the bond of a city officer shall file and serve a similar statement with the city clerk or other proper officer.

4. Any surety desiring to be released from an executor’s or administrator’s bond or undertaking shall file and serve a similar statement with the clerk of the district court.

5. Any surety desiring to be released from any other official bond or undertaking shall file and serve a similar statement with the proper officer, person or authority.

6. All statements provided for in this section must be served as provided in subsection 1, except:

(a) That the notice, if served by publication, may be published in a newspaper in the same county, and if no newspaper is published therein, then in an adjoining or other county, without any order from any court or other authority.

(b) That in all cases for which publication is provided, a printed or written notice, posted in at least 10 conspicuous places within the county, for the time specified, shall be deemed legal notice thereof.

[2:15:1867; B § 2930; BH § 1751; C § 1888; RL § 2881; NCL § 4908] — (NRS A 1975, 342)


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