Surety Bond

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  1. Before entering upon the duties of the office, every constable shall give bond. The bond shall be approved by the county legislative body and prepared in accordance with chapter 19 of this title. The county served by a constable may elect to pay the costs of obtaining and recording the constable's bond, as required by this section. If the county does not elect to pay such bond, the constable shall pay all costs of obtaining and recording the bond. The bond shall be in a penalty of not less than four thousand dollars ($4,000) nor more than eight thousand dollars ($8,000), at the discretion of the body, and shall be payable to the state, and conditioned for the faithful discharge of the duties of the office, and the prompt payment to the proper person of all moneys collected or received by the constable by virtue of the office. The bond shall be recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.
  2. Notwithstanding any law to the contrary, the bond as required for a constable shall be a surety bond executed by a surety company authorized to do business in Tennessee as surety.

Code 1858, §§ 385, 386 (deriv. Acts 1837-1838, ch. 152; 1839-1840, ch. 63, §§ 2, 5); Shan., §§ 476, 477; Code 1932, §§ 723, 724; Acts 1977, ch. 270, § 4; 1978, ch. 689, §§ 2, 12; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1006; Acts 1998, ch. 677, §§ 8, 9; 2011, ch. 150, § 1.

Cross-References. New or additional bond or sureties may be required, §8-19-402.

Recording fee of clerk, §8-21-701.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Sheriffs, § 20.


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