2-9-524. Amount of new bond -- failure to file. (1) Whenever a statement is filed or filed and served as provided in this part, the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking must be filed unless already provided by statute. If an order is not made, the new or additional bond or undertaking must be executed for the same amount as the original.
(2) If an officer or person fails to file a new or additional bond or undertaking within 20 days from the date of personal service or within 40 days from the date of the first publication or posting of notice as provided in this part, the office or appointment of the person or officer becomes vacant and the officer or person forfeits the office or appointment. The office or position must be filled as in other cases of vacancy and in the manner provided by law.
(3) The person applying to be released from liability on the bond or undertaking may not be held liable on the bond after the date provided for vacating and forfeiting of the office or appointment.
History: En. Secs. 3, 5, Ch. 134, L. 1941; R.C.M. 1947, 6-327, 6-329; amd. Sec. 68, 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