Virginia Law

Every bond required by law to be taken or approved by or given before any court, board or officer, unless otherwise provided, shall be made payable to the Commonwealth of Virginia, with surety deemed sufficient by such court, board or officer. Every such bond required of any person appointed to or undertaking any office, post or trust, and every bond required to be taken of any person by an order or decree of court, unless otherwise provided, shall be with condition for the faithful discharge by him of the duties of his office, post or trust. When such bond is required to be taken or approved by or before the Governor, a court or the clerk of a court, it shall be proved or acknowledged before the Governor or court or clerk, as the case may be, and recorded by the Secretary of the Commonwealth in the first case, or by the clerk of the court in the other cases. When the bond is taken under an order or decree in a pending cause a certified copy thereof shall be filed in the cause by the clerk and charged as costs therein, and upon his failure to file such copy, he shall be fined ten dollars. Every such bond shall contain, as to the respective obligors, such a waiver as is provided for in § 34-22. In any such bond the liability of the surety or sureties may be limited to such sum or sums as they may respectively require.

Code 1919, § 279.

The proper court, whenever, in its opinion, it may be necessary for the protection of the public interests, may order any officer, of whom a bond is required by law, to give a new bond, or a bond in addition to one already given, within such time, not less than ten nor more than thirty days, as the court may prescribe; but the officer shall be served with a copy of a summons or rule, at least ten days before the order is made, citing him to appear and show cause against the same. The summons or rule shall be awarded whenever the court deems it proper, or on application to the court by the attorney for the Commonwealth, or, if the application is to the Supreme Court or the Court of Appeals, by the Attorney General. Such order shall be made by the circuit court of the county or city, if such officer is an officer of such county or city or any district thereof or by the Supreme Court or Court of Appeals, if he is a clerk of either court. Any new bond or additional bond given before the Supreme Court or the Court of Appeals shall be certified and transmitted to the clerk, to whom the original bond is required to be delivered, to be recorded by him. The bond may be given before the court requiring it or the judge thereof in vacation, or, if the court is the Supreme Court or the Court of Appeals, before either court or any three of the judges thereof in vacation; and when the bond is given in vacation, it shall be certified and returned by the judge or judges, before whom it is given, to the clerk of the proper court, who shall file and record the same in his office. If any officer fail or refuse to give the bond so required of him within the time prescribed, his office shall be deemed vacant.

Code 1919, c. 280; 1984, c. 703; 2002, c. 858.

When it is provided by any section of this Code, or shall be provided by any subsequent statute, that any new bond, or bond in addition to one already given, may be required to be given by any officer, fiduciary or any other person, if such new bond, when required, be given and accepted, the sureties in the former bond and their estates shall, except in cases where it is otherwise expressly provided, be discharged from all liability for any breach of duty committed by their principal after such new bond is so given and accepted. If such additional bond, when required, be given and accepted, the former bond shall continue in force and have the same effect in all respects as if such additional bond had not been required, given and accepted, except that in such case the sureties in the additional bond shall be jointly liable with the sureties in the former bond for any breach of duty committed by their principal after such additional bond was so given and accepted.

Code 1919, § 281.

Any company with a paid-up cash capital of not less than $250,000, incorporated and organized under the laws of any state of the United States or foreign country, for the purpose of transacting business as surety on obligations of persons or corporations, and which has complied with all the requirements of law regulating the admission of such companies to transact business in this Commonwealth, shall, upon production of evidence of solvency and credit satisfactory to the court or judge or other officer authorized to approve such bond, be accepted as surety upon the bond of any person or corporation required by the laws of this Commonwealth, or by any court, judge or other public officer or board or organization, to execute a bond with surety or sureties. If such surety company shall furnish satisfactory evidence of its ability to provide all the security required as aforesaid, no additional surety shall be exacted. Such surety shall be released from its liability on the same terms and conditions as are by law prescribed for the release of individuals, and shall have all the rights, remedies and reliefs of an individual guarantor, indemnitor or surety, and be subject to all the liabilities thereof.

Code 1919, § 282.

Any court, judge or other officer whose duty it is to pass upon the account of any person or corporation required to execute a bond with surety or sureties, as hereinbefore provided, shall, whenever any such person or corporation has given any such surety company as surety upon such bond, allow in the settlement of such account a reasonable sum for the expense of securing such surety; but this allowance shall not be made to any state, county, or municipal officer.

Code 1919, § 283.

Any such company which shall execute any bond as surety under the provisions of this chapter shall be estopped, in any proceedings to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute such instrument or assume such liability.

Code 1919, § 284.

If any company organized and incorporated under the laws of this Commonwealth, or of any other state in the United States, or of any foreign country, for the purpose of transacting business as surety on obligations for persons, after having complied with the requirements of law regulating the admission of such companies in this Commonwealth, shall give any power of attorney, general or special, under its regular corporate seal, to any agent or attorney in fact to sign its corporate name as surety to any obligation, official or otherwise, required by the laws of this Commonwealth, or by any judge, court or other public officer, organization or board, and such power of attorney shall state that such signing by such agent or attorney in fact without the seal of such corporation shall have the same force and effect as if the corporate seal of such corporation was affixed to such obligations, then any and all such obligations, so signed by such agent or attorney in fact without the seal of such corporation, whether the agent or attorney in fact has used a scroll by way of seal or not, or whether the word "seal" is used in the body of the instrument or not, shall, for all purposes, have the same force and effect, and be as binding in all respects upon such corporation, as if the seal of such corporation had been duly and regularly affixed thereto.

Code 1919, § 285.

In any instance in which the provisions of this Code require a bond with surety, neither a seal nor a facsimile of a seal shall be required for the validity thereof.

1979, c. 211.

Suits, or motions as provided by § 8.01-227, may be prosecuted from time to time upon any bond mentioned in §§ 49-12 and 49-13, in the name of the Commonwealth, for the benefit of the Commonwealth, a county or any persons injured by any breach of the condition of such bond, as often as any such breach may be alleged, until damages shall be recovered for such breaches equal to the penalty of the bond.

Code 1919, § 286.

Any bond required by law to be given upon an injunction, appeal, writ of error, supersedeas or other proceeding in a civil suit may be payable to the party entitled to the benefit thereof, notwithstanding anything contained in § 49-12.

Code 1919, § 287.

If any officer or person mentioned in § 49-12 shall act in his office, post or trust before giving such bonds as are required by law, he shall forfeit not less than $100 nor more than $1,000.

Code 1919, § 288.