38-269. Withdrawal of surety; effect on remaining sureties
A. Any surety on the official bond of any officer may be relieved from liabilities thereon afterwards accruing by complying with the following provisions:
1. The surety shall file with the person authorized by law to approve the official bond, a sworn statement in writing setting forth his desire to be relieved from liability thereon afterwards arising, and the reasons therefor.
2. Serve notice of the filing of the statement on the officer named in the official bond, and make return or affidavit of service thereon and file it with the approving officer.
B. Within ten days after the service of the notice, the person authorized to approve the bond shall make an order declaring such office vacant, and releasing the surety from all liability thereafter to arise on the official bond, and the office thereafter is in law vacant, and shall be immediately filled by election or appointment, as in other cases of vacancy, unless the officer has before that time given good and ample surety for the discharge of all his official duties as originally required.
C. The release, discharge, voluntary withdrawal or incompetency of the surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or change their liability.
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