A surety on an official bond or on a bond intended as an official bond cannot avoid liability thereon on the ground that he signed or delivered it on condition that it should not be delivered to the proper officer or should not become perfect unless it was executed by some other person who does not execute it.
The provisions of this section shall apply to bonds of state, county, municipal and public corporate officers; to bonds of executors, administrators, guardians, receivers, assignees, and other trustees, and to all bonds and undertakings executed in the commencement or progress of any suit or judicial proceeding, civil or criminal.
Structure Code of Alabama
Title 36 - Public Officers and Employees.
Article 1 - General Provisions.
Section 36-5-2 - When Bonds to Be Filed.
Section 36-5-3 - Recordation of Official Bonds of County or Municipal Officers, Agents, Etc.
Section 36-5-5 - To Whom Bonds Payable; Sureties; Conditions Generally.
Section 36-5-6 - Approval of Bonds Generally.
Section 36-5-7 - Liability of Officer Improperly Approving Bond.
Section 36-5-8 - Bonds Not to Be Filed Unless Properly Approved.
Section 36-5-9 - Date of Filing to Be Endorsed on Bonds.
Section 36-5-10 - Failure to Endorse Date of Filing on Bond.
Section 36-5-11 - Qualifications and Sufficiency of Sureties Generally.
Section 36-5-14 - Liability of Sureties on Bonds Conditionally Executed.
Section 36-5-16 - Notification of District Attorney of Failure of Public Officer to File Bond.
Section 36-5-18 - Legal Effect of Official Bonds.
Section 36-5-17 - Failure to Give Notice of Omission of Public Officer to File Official Bonds.
Section 36-5-20 - Effect of Bonds Improperly Executed, Approved or Filed.
Section 36-5-21 - Proof of Bonds or Recognizances.