52-1-13 - Sureties -- Approval -- Personal surety bond -- Requirements.
52-1-13. Sureties -- Approval -- Personal surety bond -- Requirements.
In all cases where a bond is required of any public officer in this state, either a corporatesurety bond or a personal surety bond may be given. Such bonds shall be subject to approval asprovided by law. No personal surety bond shall be approved except with two or more suretiesand each such surety shall first make and file an affidavit setting forth that he is a resident andfreeholder within the state of Utah and is worth the sum specified in the undertaking, over andabove all of his just debts and liabilities and exclusive of property exempt from execution andshall include in such affidavit a detailed statement of all of his assets and liabilities; and themaking of any material false statement in respect thereto shall constitute a felony; providedfurther, that when there are more than two sureties thereon, they may express in their affidavitsthat they are severally worth amounts less than that expressed in the bond if the whole amount ofall sureties is equivalent to double the penalty of the bond. No premium on any surety bond withpersonal sureties shall be paid from any public funds. The several boards, courts or officersauthorized by law to approve bonds herein referred to may require sureties on personal suretybonds to justify annually and, in case of failure to so justify, such boards or officers may requireadditional sureties or a new bond. In case of failure of any public officer to have his suretiesjustify when so required or to furnish additional sureties when required, as herein provided, theboard or officer charged with the duty of approving the bond of such officer shall declare suchoffice vacant within 60 days after notice personally served upon the officer, and at the expirationof said sixty-day period such office shall become vacant unless such sureties justify or additionalqualified sureties be furnished within said period.
No Change Since 1953