{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/49-13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/49-13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/49-13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/49-13.html"}],"law_id":64241,"edition_id":1,"section_id":64241,"structure_id":14414,"section_number":"49-13","catch_line":"How new or additional bonds required and given; failure to give","history":"Code 1919, c. 280; 1984, c. 703; 2002, c. 858.","full_text":"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.","order_by":null,"text":{"0":{"id":233852,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14414,"edition_id":1,"name":"Bonds Taken by Courts and Officers","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13404,"metadata":{},"date_created":"2026-06-26 03:48:03","date_modified":"2026-06-26 03:48:03","permalink":{"id":233219,"object_type":"structure","relational_id":14414,"identifier":"2","token":"49\/2","url":"\/49\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13404,"edition_id":1,"name":"Oaths, Affirmations and Bonds","identifier":"49","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":233171,"object_type":"structure","relational_id":13404,"identifier":"49","token":"49","url":"\/49\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79654,"structure_id":14414,"section_number":"49-12","catch_line":"Provisions and conditions; acknowledgment and recordation; duty of clerk when taken in pending cause","url":"\/49-12\/","token":"49\/2\/49-12","metadata":false},{"id":64241,"structure_id":14414,"section_number":"49-13","catch_line":"How new or additional bonds required and given; failure to give","url":"\/49-13\/","token":"49\/2\/49-13","metadata":false},{"id":65838,"structure_id":14414,"section_number":"49-14","catch_line":"Effect of giving new or additional bond","url":"\/49-14\/","token":"49\/2\/49-14","metadata":false},{"id":57311,"structure_id":14414,"section_number":"49-15","catch_line":"Surety companies may be accepted as sureties on bonds; rights and liabilities","url":"\/49-15\/","token":"49\/2\/49-15","metadata":false},{"id":76545,"structure_id":14414,"section_number":"49-16","catch_line":"Allowance of expense of procuring corporate surety","url":"\/49-16\/","token":"49\/2\/49-16","metadata":false},{"id":78727,"structure_id":14414,"section_number":"49-17","catch_line":"Surety company estopped to deny power to execute instrument or assume liability","url":"\/49-17\/","token":"49\/2\/49-17","metadata":false},{"id":71350,"structure_id":14414,"section_number":"49-18","catch_line":"Agent or attorney of surety company signing without seal","url":"\/49-18\/","token":"49\/2\/49-18","metadata":false},{"id":60142,"structure_id":14414,"section_number":"49-18.1","catch_line":"Seal not required","url":"\/49-18.1\/","token":"49\/2\/49-18.1","metadata":false},{"id":81781,"structure_id":14414,"section_number":"49-19","catch_line":"Remedy on bonds","url":"\/49-19\/","token":"49\/2\/49-19","metadata":false},{"id":55758,"structure_id":14414,"section_number":"49-20","catch_line":"How bonds given in civil suits made payable","url":"\/49-20\/","token":"49\/2\/49-20","metadata":false},{"id":58248,"structure_id":14414,"section_number":"49-21","catch_line":"Failure to give bond","url":"\/49-21\/","token":"49\/2\/49-21","metadata":false}],"previous_section":{"id":79654,"structure_id":14414,"section_number":"49-12","catch_line":"Provisions and conditions; acknowledgment and recordation; duty of clerk when taken in pending cause","url":"\/49-12\/","token":"49\/2\/49-12","metadata":false},"next_section":{"id":65838,"structure_id":14414,"section_number":"49-14","catch_line":"Effect of giving new or additional bond","url":"\/49-14\/","token":"49\/2\/49-14","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/49-13\/","history_text":"

This law was first created in 1919. The record of its establishment is cataloged in chapter 280 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1919 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 703; in 2002, chapter 858<\/a>.<\/p>","references":[{"id":81781,"section_number":"49-19","catch_line":"Remedy on bonds","order_by":null,"url":"\/49-19\/"}],"refers_to":false,"permalink":{"id":233225,"object_type":"law","relational_id":64241,"identifier":"49-13","token":"49\/2\/49-13","url":"\/49-13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/49-13\/","token":"49\/2\/49-13","dublin_core":{"Title":"How new or additional bonds required and given; failure to give","Type":"Text","Format":"text\/html","Identifier":"\u00a7 49-13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The proper court<\/span>, whenever, in its opinion<\/span>, it may be necessary for the protection of the public interests, may order<\/span> any officer, of whom a bond<\/span> is required by law<\/span>, to give a new bond<\/span>, or a bond<\/span> in addition to one already given, within such time, not less than ten nor more than thirty days, as the court<\/span> may prescribe; but the officer shall be served with a copy of a summons<\/span> or rule, at least ten days before the order<\/span> is made, citing him to appear and show cause against the same. The summons<\/span> or rule shall be awarded whenever the court<\/span> deems it proper, or on application to the court<\/span> by the attorney for the Commonwealth, or, if the application is to the Supreme Court<\/span> or the Court<\/span> of Appeals<\/span>, by the Attorney General<\/span>. Such order<\/span> shall be made by the circuit<\/span> court<\/span> 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<\/span> or Court<\/span> of Appeals<\/span>, if he is a clerk of either court<\/span>. Any new bond<\/span> or additional bond<\/span> given before the Supreme Court<\/span> or the Court<\/span> of Appeals<\/span> shall be certified and transmitted to the clerk, to whom the original bond<\/span> is required to be delivered, to be recorded by him. The bond<\/span> may be given before the court<\/span> requiring it or the judge<\/span> thereof in vacation, or, if the court<\/span> is the Supreme Court<\/span> or the Court<\/span> of Appeals<\/span>, before either court<\/span> or any three of the judges<\/span> thereof in vacation; and when the bond<\/span> is given in vacation, it shall be certified and returned by the judge<\/span> or judges<\/span>, before whom it is given, to the clerk of the proper court<\/span>, who shall file and record the same in his office. If any officer fail or refuse to give the bond<\/span> so required of him within the time prescribed, his office shall be deemed vacant.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW NEW OR ADDITIONAL BONDS REQUIRED AND GIVEN; FAILURE TO GIVE (\u00a7 49-13)\n\nThe proper court, whenever, in its opinion, it may be necessary for the\nprotection of the public interests, may order any officer, of whom a bond is\nrequired by law, to give a new bond, or a bond in addition to one already given,\nwithin such time, not less than ten nor more than thirty days, as the court may\nprescribe; but the officer shall be served with a copy of a summons or rule, at\nleast ten days before the order is made, citing him to appear and show cause\nagainst the same. The summons or rule shall be awarded whenever the court deems\nit proper, or on application to the court by the attorney for the Commonwealth,\nor, if the application is to the Supreme Court or the Court of Appeals, by the\nAttorney General. Such order shall be made by the circuit court of the county or\ncity, if such officer is an officer of such county or city or any district\nthereof or by the Supreme Court or Court of Appeals, if he is a clerk of either\ncourt. Any new bond or additional bond given before the Supreme Court or the\nCourt of Appeals shall be certified and transmitted to the clerk, to whom the\noriginal bond is required to be delivered, to be recorded by him. The bond may\nbe given before the court requiring it or the judge thereof in vacation, or, if\nthe court is the Supreme Court or the Court of Appeals, before either court or\nany three of the judges thereof in vacation; and when the bond is given in\nvacation, it shall be certified and returned by the judge or judges, before whom\nit is given, to the clerk of the proper court, who shall file and record the\nsame in his office. If any officer fail or refuse to give the bond so required\nof him within the time prescribed, his office shall be deemed vacant.\n\nHISTORY: Code 1919, c. 280; 1984, c. 703; 2002, c. 858.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}