Section 36-5-19 Conditions of official bonds; effect of irregularities in form, contents, approval, etc., of bonds upon validity thereof generally.
Section 36-5-19
Conditions of official bonds; effect of irregularities in form, contents, approval, etc., of bonds upon validity thereof generally.
(a) The bonds of all officers required to give bond shall be conditioned in the following form:
"Whereas the above bound A. B. was duly elected (or appointed) to the office of _____ on the _____ day of _____, for the term of _____ years from the _____ day of _____; therefore, if he shall faithfully perform and discharge all the duties of said office during his continuance therein, then the above obligation to be void."
(b) A failure to observe the form prescribed in subsection (a) of this section shall not vitiate any official bond. All official bonds shall be valid and binding in whatever form they may be taken, except so far as they may be conditioned for the performance of acts in violation of the laws or policy of the state, whether in the proper penalty or without any penalty, whether correct or incorrect in their recitals as to the term of office or otherwise, whether properly payable, whether approved by the proper officer or not approved by any or whether irregular in any other respect. Such a bond, if delivered as the official bond of the officer and serving as such, shall be obligatory on everyone who subscribed it for the purpose of making the official bond of such officer to the full penalty or, if it has no penalty, to the full penalty of the bond which might have been required.
(Code 1907, §1501; Code 1923, §2613; Code 1940, T. 41, §51.)