§ 11. Official undertakings. 1. Every official undertaking, when\nrequired by or in pursuance of law to be hereafter executed or filed by\nany officer, shall be to the effect that he will faithfully discharge\nthe duties of his office and promptly account for and pay over all\nmoneys or property received by him as such officer, in accordance with\nlaw, or in default thereof, that the parties executing such undertaking\nwill pay all damages, costs and expenses resulting from such default,\nnot exceeding a sum, if any, specified in such undertaking. The\nundertaking of a state officer or clerk or employee shall be approved by\nthe attorney-general as to its form and manner of execution and by the\ncomptroller as to the sufficiency of the sureties and be filed in the\ncomptroller's office. The undertaking of a municipal officer shall, if\nnot otherwise provided by law, be approved as to its form and the\nsufficiency of the sureties by the chief executive officer or by the\ngoverning body of the municipality and be filed with the clerk thereof.\nThe approval by such governing body may be a resolution, a certified\ncopy of which shall be attached to the undertaking. The undertaking of\nsuch county officer shall, if not otherwise provided by law, be approved\nas to its form and the sufficiency of the sureties by the clerk of the\ncounty, and filed in his office. The undertaking of a town officer\nshall, if not otherwise provided by law, be approved as to its form and\nthe sufficiency of the sureties by the clerk of the county and filed in\nhis office. The sum specified in an official undertaking shall be the\nsum for which such undertaking shall be required by or in pursuance of\nlaw is given. If no sum, or a different sum from that required by or in\npursuance of law, be specified in the undertaking, it shall be deemed to\nbe an undertaking for the amount so required. If no sum be required by\nor in pursuance of law to be so specified, the officer or board\nauthorized to approve the undertaking shall fix the sum to be specified\ntherein. Every official undertaking shall be executed and duly\nacknowledged by at least two sureties, each of whom shall add thereto\nhis affidavit that he is a freeholder or householder within the state,\nstating his occupation and residence and the street number of his\nresidence and place of business if in a city, and a sum which he is\nworth over and above his just debts and liabilities and property exempt\nfrom execution. The aggregate of the sums so stated in such affidavits\nmust be at least double the amount specified in the undertaking. If the\nsurety on an official undertaking of a state or local officer, clerk or\nemployee of the state or political subdivision thereof or of a municipal\ncorporation be a fidelity or surety corporation, the reasonable expense\nof procuring such surety, not exceeding one percentum per annum upon the\nsum for which such undertaking shall be required by or in pursuance of\nlaw to be given, shall be a charge against the state or political\nsubdivision or municipal corporation respectively in and for which he is\nelected or appointed, except that the expense of procuring such surety\nas aforesaid, on an official undertaking of any officer, clerk or\nemployee in any city department of the city of New York, or of any\noffice, board or body of said city, or of a borough or county within\nsaid city, including officers, clerks and employees of every court\nwithin said city, shall not be a charge upon said city or upon any of\nthe counties contained within said city, unless the comptroller of the\nsaid city, shall first have approved the necessity of requiring such\nofficial undertaking to be given, and shall have approved of or fixed\nthe amount of any such official undertaking; but this exception shall\nnot apply to an official undertaking specifically required by statute to\nbe given, and the amount of which is specifically fixed by statute. The\nfailure to execute an off
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.