§ 16-68-203 — Sureties

(a) The surety in every bond provided for by this code must be a resident of this state and worth double the sum to be secured beyond the amount of his or her debts and have property in this state liable to execution equal to the sum to be secured. Where there are two (2) or more sureties in the same bond they must, in the aggregate, have the qualifications prescribed in this subsection. (b) No attorney, clerk, sheriff, or other person concerned in the execution of any process, shall become bail in any civil case. (c) (1) The ministerial officer whose duty it is to take a surety in any bond provided for by this code shall have the right to require the person offered as surety to make affidavit of his or her qualification, which affidavit may be made before the officer. However, any person interested may contest the sufficiency of the surety upon the making of the affidavit. (2) If it is made to appear that the surety is not sufficient, then an officer who in good faith complies with this subsection shall be exempt from any liability to which he or she might otherwise be subject for taking insufficient surety.

Legislative History

Rev. Stat., ch. 116, § 23; Civil Code, §§ 786, 787; C. & M. Dig., §§ 798-800; Pope's Dig., §§ 954-956; Acts 1963, No. 487, § 1; A.S.A. 1947, §§ 27-2203 -- 27-2205; Acts 2003, No. 1185, § 205.