§6-2-15. How surety released from liability; requiring substitute
When a surety in an official bond, or his personal
representative, shall have reason to believe that he or the estate
of his decedent is likely to suffer pecuniary loss, in consequence
of such suretyship, he may file his petition before the court,
board or officer by whom such bond was approved, to be released
therefrom. The petition shall state the ground upon which his
belief is founded, and shall be verified by his affidavit. Upon
the filing of such petition and proof that a notice of the time and
place of filing the same has been served upon the principal in such
bond at least ten days before the filing thereof, in the manner
prescribed by law for the serving of notices, such court, board or
officer shall require a new bond to be given. And if any officer,
being so required, fail to give a new bond within the time
required, his office shall be deemed vacant, unless the time for
giving such new bond be extended or the requirement withdrawn.
And, except where otherwise provided, the surety in any bond, which
is required to be approved by any court, board or officer, or the
personal representative of any such surety, may be released from
liability in like manner.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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