Chapter 27: Bonds of County Officers

I. County commissioners, county treasurers, registers of deeds and deputy registers of deeds shall be bonded by position by means of a blanket undertaking or undertakings from any duly authorized corporate surety, such blanket undertaking or undertakings to indemnify against losses through one or both of the following conditions:

(a) Through the failure of such officers covered thereunder to faithfully perform their duties or to account properly for all moneys or property received by virtue of their positions; or

(b) Through fraudulent or dishonest acts committed by the officers covered thereunder.

II. Blanket bonds obtained under this section shall provide for at least a 2 year discovery period from and after the date of termination of coverage thereunder.

III. Before performing any official acts sheriffs and county attorneys shall give bond to the county, with sufficient sureties.

IV. Each bond required under this section shall contain a condition in substance as follows: The condition of this obligation is that if said __________ who has been elected to (or appointed to, as the case may be) the office of __________ for said county of __________ for the term beginning __________ shall faithfully perform all the duties of said office, and shall discharge and satisfy all the liabilities for which he is by law officially answerable, this obligation shall be void. In the case of sheriffs and registers of deeds, after the word answerable, there shall be inserted the words "including his liability for the official conduct, neglects and misdoings of his deputies."

I. The bond of each sheriff shall be in a sum not to exceed $20,000, and that of each county attorney in a sum not less than $5,000.

II. Other county officers shall be bonded as follows:

(a) Each treasurer, and each register of deeds and his deputy shall be bonded in a sum not less than $20,000 nor more than $300,000; and

(b) Each county commissioner shall be bonded in a sum not less than $5,000.

I. The bonds of the sheriffs shall be approved by the county commissioners.

II. County treasurers, county tax collectors appointed pursuant to RSA 81:1, II, registers of deeds and their deputies shall be bonded by position under a blanket bond from a surety company authorized to do business in this state. The bond shall indemnify against losses through the failure of the officers covered to faithfully perform their duties or to account properly for all moneys or property received by virtue of their positions; or against losses through fraudulent or dishonest acts committed by the covered officers. A blanket bond may exclude the county treasurer if a separate fidelity bond for the faithful performance of his or her duties is furnished by the surety writing the blanket bond. Premiums shall be paid by the county. The required bonds shall provide for at least a 2-year discovery period from the date their coverage terminates. The commissioner of revenue administration shall adopt rules under RSA 541-A concerning the amount and form of the surety bonds required under this section.

III. The bonds of all other county officers shall be approved by the county commissioners.

IV. All bonds shall be deposited in the office of the county commissioners.

The several counties shall pay the premiums on the bonds of their respective treasurers, registers and deputy registers of deeds, county attorneys, sheriffs and deputy sheriffs, and county officers elected by the members of the county convention or appointed by the superior court under RSA 661:9.

Said bonds shall be for the benefit of any person who may be injured by the neglect or misconduct of the officers giving them, or of their deputies.

Printed forms of the bonds required by RSA 27:1 shall be provided by the county commissioners at the expense of the county.

Any person injured by the neglect or misconduct of any one of the aforesaid county officers or his deputy, having recovered judgment therefor against such officer or his executor or administrator, may commence a suit on his bond in the name of the county.

The declaration in such suit shall set forth the condition of the bond and the name of the person for whose use the suit is brought, and shall assign the breaches relied upon.

The county commissioners shall deliver to any person applying and paying therefor an attested copy of such bond, which shall be evidence thereof in such suit. If the execution of the bond is denied the court may order the original to be brought into court.

If the plaintiff recovers, judgment shall be rendered in favor of the county for the whole penalty of the bond; but execution shall issue only in favor of the person for whose use the suit is brought, for his damages on account of the breaches assigned and costs.

After judgments so rendered for the whole penalty any person having like cause of action upon such bond may, on scire facias, recover execution for his damages until the whole amount of the penalty is applied on account of damages so recovered.

If the defendant prevails in such suit the county shall not be liable for costs; but the same may be recovered of the indorser of the writ on scire facias.

The county convention may by vote require the bonding of any employee of the county.