§ 38-2-106 — Bonds of state, county and municipal officers; release of sureties

Any surety upon the bond of any state, county or municipal
officer shall be released from further liability of such surety
for such officer, by filing with the person or persons having
authority to approve said bond, or with whom said bond is
directed to be filed, a notice that said surety is unwilling
longer to be security for such state, county or municipal
officer. When any notice shall be filed as aforesaid, notice
thereof shall immediately be given to such state, county or
municipal officer, who shall thereupon file within fifteen (15)
days other security to be approved as provided by law. If said
state, county or municipal officer shall not in the manner
aforesaid file such bond to be approved as aforesaid, the said
office shall become vacant and the said vacancy shall be filled
in manner as is now provided by law. If a new bond shall be
given by any officer, as hereinbefore provided, then the former
surety or sureties shall be entirely released and discharged
from all liability incurred by such officer after the time of
the approval of said new bond, and the sureties to the new bond
shall henceforth be liable as therein provided, after the
approval of said new bond as aforesaid. The officer, officers,
board or official body where or with whom said original bond was
filed, shall have power to declare any office or offices vacant
as hereinbefore provided; provided, that no surety shall be
released from further responsibility until the office shall be
declared vacant or a new bond approved by the proper authority.