Wash. Rev. Code § 42.08.005
Official bonds—Payment of premiums
See RCW 48.28.040.
Revised Code of Washington Chapter 42.08 — Official Bonds
Washington · statute · Wash. Rev. Code ch. 42.08 · 19 active provisions
Wash. Rev. Code § 42.08.010
Scope of coverage
The official bond of a public officer, to the state, or to any county, city, town or other municipal or public corporation of like character therein, shall be deemed a security to the state, or to such county, city, town or other municipal or public corporation, as the case may be, and also to all persons severally, fo…
Wash. Rev. Code § 42.08.020
Who may maintain action
When a public officer by official misconduct or neglect of duty, shall forfeit his or her official bond or render his or her sureties therein liable upon such bond, any person injured by such misconduct or neglect, or who is by law entitled to the benefit of the security, may maintain an action at law thereon in his or…
Wash. Rev. Code § 42.08.030
Leave of court required
Before an action can be commenced by a plaintiff, other than the state, or the municipal or public corporation named in the bond, leave shall be obtained of the court or judge thereof where the action is triable. Such leave shall be granted upon the production of a certified copy of the bond and an affidavit of the pla…
Wash. Rev. Code § 42.08.040
Judgment no bar to further action
A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same bond for another delinquency.
Wash. Rev. Code § 42.08.050
Recoveries limited to amount of bond
In an action upon an official bond, if judgments have been recovered against the surety therein other than by confession, equal in the aggregate to the penalty or any part thereof of such bond, and if such recovery be established on the trial, judgment shall not be given against such surety for an amount exceeding such…
Wash. Rev. Code § 42.08.060
Form of official bonds
OFFICIAL BONDS—1890 ACT All official bonds required by law of officers shall be in form, joint and several, and made payable to the state of Washington, in such penal sum and with such conditions as may be required by law.
Wash. Rev. Code § 42.08.070
Effect of bonds
Every official bond executed by any officer pursuant to law shall be deemed and taken to be in force, and shall be obligatory upon the principal and sureties therein for any and all breach of the condition or conditions thereof committed during the time such officer shall continue to discharge any of the duties of, or…
Wash. Rev. Code § 42.08.080
Who may bring action on bond
Every official bond executed by any officer pursuant to law, shall be in force and obligatory upon the principal and sureties therein, to and for the state of Washington, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer, in his official cap…
Wash. Rev. Code § 42.08.090
Defective bonds validated
Whenever any such official bond shall not contain the substantial matter or condition or conditions required by law, or there shall be any defect in the approval or filing thereof, such bond shall not be void so as to discharge such officer and his or her sureties, but they shall be bound to the state, or party interes…
Wash. Rev. Code § 42.08.100
Approval and filing
The official bonds of officers shall be approved and filed as follows, to wit: The official bond of the secretary of state shall be approved by the governor and filed in the office of the state auditor. The official bonds of all other state officers required by law to give bonds, except as otherwise expressly provided…
Wash. Rev. Code § 42.08.110
Procedure when bond of county or township officer is insufficient
Whenever the sureties, or any one of them, in the official bond of any county or township officer shall die, remove from the state, become insolvent or insufficient, or the penalty of such bond shall become insufficient, on account of recoveries had thereon, or otherwise, it shall be the duty of the board of county com…
Wash. Rev. Code § 42.08.120
Additional bond
Should such officer, after due notice, fail to appear at the time appointed, the matter may be heard and determined in his or her absence; if after examination the board of county commissioners shall be of opinion that the bond of such officer has become insufficient from any cause whatever, they shall require an addit…
Wash. Rev. Code § 42.08.130
Remedy when bond of state officer becomes insufficient
Whenever the official bond of any state officer shall become insufficient from any cause whatever, the like proceedings may be had before the superior court of the county in which said state officer holds his or her office with reference thereto: PROVIDED, That such proceedings may be commenced by a written motion supp…
Wash. Rev. Code § 42.08.140
Force of additional bond
Every such additional bond shall be of like force and obligation upon the principal and sureties therein, and shall subject the officer and his or her sureties to the same liabilities as are prescribed respecting the original bonds of officers.
Wash. Rev. Code § 42.08.150
Number of sureties
Unless otherwise expressly provided, there shall be at least two sureties upon the official bond of every officer.
Wash. Rev. Code § 42.08.160
Justification of sureties
In all cases where official bonds are required or may be hereafter required, from state, county, township, or precinct officers, the officer or officers whose duty it is or may be to approve such bonds, shall not accept or approve any such bonds except such bond be that of a surety company, unless the sureties thereon…
Wash. Rev. Code § 42.08.170
Liability of sureties
When the penal sum of any bond amounts to more than two thousand dollars, the sureties may become severally liable for portions, not less than five hundred dollars, of such penal sum, making in the aggregate at least two sureties for the whole penal sum.
Wash. Rev. Code § 42.08.180
Release of sureties
Release of sureties (1937 act), see chapter 19.72 RCW.