In any action filed pursuant to section 30-10-316, the county shall recover all damages, both proximate and remote, that it may have sustained by reason of any breach of the conditions of the bond or the insurance policy required by section 30-10-311, as applicable; and if it appears on the trial of any such case that the breach was tortious, fraudulent, or willful, and that the county shall not be able to recover judgment against the sureties or, having recovered judgment, is unable to collect the same from the principal or the principal's sureties, the county may have execution against the body of such principal, who shall be confined in the county jail of the county until such judgment and costs are paid; except that such imprisonment shall not exceed one year.
Source: L. 1881: p. 98, § 8. G.S. § 571. R.S. 08: § 1250. C.L. § 8726. CSA: C. 45, § 73. CRS 53: § 35-3-17. C.R.S. 1963: § 35-3-17. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, § 11, effective August 11.
Structure Colorado Code
Title 30 - Government - County
§ 30-10-301. Oath or Affirmation of Commissioners
§ 30-10-302. County Seal - Open Meetings - Rules
§ 30-10-303. Meetings of Board
§ 30-10-304. Meetings of Board in Counties Over One Hundred Thousand
§ 30-10-305. Penalty for Absence From Meetings in Counties Over One Hundred Thousand
§ 30-10-306. Commissioners' Districts - Vacancies - Definitions
§ 30-10-306.1. Commission Created - Commission Composition and Appointment
§ 30-10-306.2. Commission Organization - Procedures - Transparency - Voting Requirements
§ 30-10-306.3. Criteria for Determination of County Commissioner Districts - Definition
§ 30-10-306.4. Deadlines for Preparation, Amendment, and Approval of Plans
§ 30-10-306.5. Procedure to Increase Number of County Commissioners
§ 30-10-306.7. Procedure for Electing County Commissioners
§ 30-10-307. Chairman - Temporary Chairman
§ 30-10-308. Oaths Administered and Orders Signed by Chairman
§ 30-10-310. Committee of Commissioners - Report
§ 30-10-311. Bonds or Insurance of County Commissioners
§ 30-10-312. Amount of Bond or Insurance - County Commissioners
§ 30-10-313. Bond Executed or Insurance Purchased Before Duties Assumed
§ 30-10-315. Penalty for Acting Without Bond or Insurance
§ 30-10-315. Penalty for Acting Without Bond or Insurance
§ 30-10-316. Suits on Bond or Insurance
§ 30-10-317. County to Recover All Damages - Execution Against Body
§ 30-10-318. Recovery for All Damage - Liability
§ 30-10-319. Clerk of Board - Duties
§ 30-10-320. Clerk to Designate Amount - Copies of Records
§ 30-10-321. Orders - Dated and Numbered - Records of Issuance