When the surety, or his committee or personal representative, of any officer, or commissioner or receiver under decree of a court, required to give bond shall petition the court by which the bond is taken, or in which, or in the clerk's office of which, it is recorded, or the circuit court of the county or city, in which, where the bond of such officer is not taken by or filed in any court or clerk's office, the officer resides, to be relieved from the suretyship, such court shall, on proof of reasonable notice of his intended motion, require such officer, commissioner or receiver to give a new bond in the same manner as if none had been given by him. The surety in any bond required to be approved by the Governor shall file his petition in the Circuit Court of the City of Richmond, and the surety in the bond of any clerk of the Supreme Court or the Court of Appeals shall file his petition in the court for which his principal is the clerk.
Code 1919, § 5771; 1984, c. 703.
Structure Code of Virginia
Title 49 - Oaths, Affirmations and Bonds
Chapter 3 - Relief of Sureties
§ 49-22. Sureties on official bonds
§ 49-23. Surety on bond given under decree of court for payment of money
§ 49-24. Failure of officer to give new bond
§ 49-25. Surety may require creditor to sue
§ 49-26. Effect of failure of creditor to sue
§ 49-27. Surety's remedy against principal for money paid
§ 49-28. Confession of judgment by surety or failure to notify principal to defend
§ 49-29. Failure of principal to offer to defend suit against surety