2-9-511. Extent of sureties' liability -- when less than full. (1) An official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties for any and all breaches of the conditions of the bond committed during the time the officer continues to discharge any of the duties of or hold the office and whether the breaches are committed or suffered by the principal officer or the officer's deputy or clerk.
(2) A surety bond is in force and obligatory upon the principal and sureties for the faithful discharge of all duties that may be required of the officer by any law enacted subsequently to the execution of the bond, and that condition must be expressed in the bond.
(3) When the penal sum of a bond required to be given amounts to more than $1,000, the sureties may become severally liable for portions not less than $500, making in the aggregate a liability of double the amount named as the penal sum of the bond. If a bond is forfeited, an action may be brought on the bond against any or all of the obligors and judgment may be entered against them, either jointly or severally, as they may be liable. The judgment may not be entered against a surety severally bound for a greater sum than that for which the surety is specially liable by the terms of the bond. Each surety is liable to contribute to the cosureties in proportion to the amount for which the surety is liable.
History: (1)En. Sec. 1062, Pol. C. 1895; re-en. Sec. 389, Rev. C. 1907; re-en. Sec. 480, R.C.M. 1921; Cal. Pol. C. Sec. 959; re-en. Sec. 480, R.C.M. 1935; Sec. 6-311, R.C.M. 1947; (2)En. Sec. 1063, Pol. C. 1895; re-en. Sec. 390, Rev. C. 1907; re-en. Sec. 481, R.C.M. 1921; Cal. Pol. C. Sec. 960; re-en. Sec. 481, R.C.M. 1935; Sec. 6-312, R.C.M. 1947; (3)En. Sec. 1059, Pol. C. 1895; amd. Sec. 1, p. 112, L. 1897; amd. Sec. 4, p. 80, L. 1899; re-en. Sec. 386, Rev. C. 1907; re-en. Sec. 477, R.C.M. 1921; Cal. Pol. C. Sec. 956; re-en. Sec. 477, R.C.M. 1935; Sec. 6-308, R.C.M. 1947; R.C.M. 1947, 6-308, 6-311, 6-312; amd. Sec. 61, Ch. 61, L. 2007.
Structure Montana Code Annotated
Title 2. Government Structure and Administration
Chapter 9. Liability Exposure and Insurance Coverage
Part 5. General Provisions Related to Official Bonds
2-9-501. Application -- bonds excepted
2-9-504. Conditions, form, and signatures
2-9-505. Bonds of receivers, assignees -- payable to state
2-9-506. Approval, filing, record, and custody
2-9-507. Sureties' qualifications
2-9-508. through 2-9-510 reserved
2-9-511. Extent of sureties' liability -- when less than full
2-9-512. Defects not to affect liability
2-9-513. Insufficiency of sureties -- action to vacate office
2-9-515. Additional security -- liability of officers and sureties
2-9-517. Contribution between sureties
2-9-518. through 2-9-520 reserved
2-9-521. Discharge of sureties
2-9-523. Proceedings to obtain release
2-9-524. Amount of new bond -- failure to file
2-9-525. Liability of sureties when new bond is given
2-9-526. Effect of discharge of sureties
2-9-528. Lien on real estate of surety -- action to compel specific performance