All county officials of all counties in this state shall be required to execute official bonds payable to the state of Alabama for the faithful performance of their duties and such additional official bonds as from time to time the public interest may demand and as may be required by the provisions of law.

The bonds required to be made of county officials by the provisions of this Code shall be conditioned as now provided by law and shall in all respects be subject to and governed by the provisions of law governing, regulating, concerning and pertaining to official bonds, except as may be in conflict with provisions of this article.

When in the judgment of the county commission of any county any bond provided for in this Code is insufficient either as to the penalty or the surety to fully protect the public interests and safeguard the public funds, such county commission may require such officer or employee or deputy, clerk or employee in any county office to make an additional bond in such amount and with such sureties as may be approved by said county commission; provided, that the foregoing shall not apply to the county superintendent of education or the custodian of county public school funds, but, when, in the judgment of the county school board, the bond of the superintendent of education or the custodian of county public school funds of said county is insufficient either in penalty or surety to fully safeguard the public school funds, such county school board shall require such officer to make additional bonds in such amounts and with such sureties as may be approved by said board.

Whenever any county commission or board of education of any county shall, pursuant to the provisions of this article, require any additional bond from any county official, employee, deputy, clerk or employee in any county office, such requisition must be in writing and signed by the proper officer making the same and must state the date and place when and where the person cited must appear and give such bond and the amount thereof, and a copy of such requisition must be personally served on such person before the date specified therein. Such person must give such additional bond within 15 days after the date specified in such requisition, and failing to do so he vacates his office, and the officer making the requisition must at once certify the same to the appointing power by whom the vacancy must be filled.

All county officers whose terms of office have been extended or may be extended beyond the term for which they were respectively elected or appointed shall be required to execute a new official bond covering the time of such extension. Such bonds shall be in the penalty and payable, conditioned, approved, filed and recorded as is required for the regular terms of such officers respectively and shall have all the force and effect as official bonds executed under the provisions of this Code with respect to such office. Failure to make and file bond shall vacate office as in the case of regular bond in similar cases.

The requisition to give the additional bond, referred to in section 11-2-22, must in all cases be in writing and signed by the officer making the same, must state the day and place when and where the officer cited must appear and give such bond, and a copy of such requisition must be personally served on such officer before the day specified therein.

Such officer must give such additional bond within 15 days after the day specified in such requisition; and, failing to do so, he vacates his office, and the officer making the requisition must at once certify the same to the appointing power, by whom the vacancy must be filled.

Any officer giving a new or additional bond who fails to file the same in the proper office within 10 days after its approval must, on conviction, be fined not less than $500.00.

Such additional bond must be in the same penalty and payable, conditioned, approved and filed in the same office as the first official bond.

Every such additional bond is of like force and obligation on the principal and sureties thereon from the time of its approval and subject to the same remedies as the first official bond.

In no case provided for under section 11-2-22 shall any of the official bonds previously executed be discharged; but each remains of the same force and obligation as if the additional bonds had not been given, and any person aggrieved can have his remedy upon either or all of such bonds in the same or in separate proceedings.

In any case when an additional bond has been required, the sureties in either bond, who may have been compelled to make any payment thereon for the principal obligor, have the same remedies against the sureties in the remaining bonds as cosureties have against each other and may recover against such sureties such an amount as shall be in the same proportion to the sum paid by the plaintiff as the aggregate penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning the same among the solvent sureties.

The bonds of all county officers and county employees required by the provisions of this Code, with the exception of the bond of the judge of probate, shall be filed and recorded in the office of the judge of probate, and the bond of the judge of probate shall be filed and recorded in the office of the clerk of the circuit court, and duplicate copies of the bonds of the probate judge and tax assessor and tax collector shall be filed with the comptroller.

Upon the application of five or more resident freeholders of the county, addressed to the judge of the circuit court, and verified by the oath of one or more of the applicants, alleging that the bond of the judge of probate or the clerk of the circuit court or of the sheriff or of the tax assessor or of the tax collector or of the county treasurer is for any cause insufficient and setting forth the grounds upon which the allegation is based, such officer may be required to make a new bond, if, upon the hearing of such application by the circuit court judge, it shall appear that the bond is for any cause insufficient.

The circuit court judge, before fixing the day for the hearing of such application, in addition to the oath verifying the application, must require one or more of the applicants to make oath that the application is not made for the purpose of vexing or harassing the defendant and must further require the applicants to execute a bond with sufficient surety, in such amount as may be fixed by the circuit court judge, payable to the officer whose bond is alleged to be insufficient, with condition that the applicants will prosecute the application to effect and will pay the officer all such damages as he may sustain from the wrongful or vexatious making of such application, together with the costs of the same.

Upon the making of the application, the circuit court judge must appoint a day, not more than 20 days thereafter, for the hearing of the application, of which time and the place of hearing the same the officer shall have at least 10 days' notice. If upon the hearing of the application it shall appear to the satisfaction of the judge, either from oral or written testimony, to be produced before him, that the bond for any cause is insufficient, he shall at once make an order requiring such officer to make and execute a new bond within 15 days from the date of such order.

The application and order and minutes of the proceedings shall be filed in the office of the circuit court clerk of the county in which the officer discharges the duties of his office, except when the application is based upon the insufficiency of the bond of the circuit court clerk, in which case they shall be filed in the office of the judge of probate.

Upon the failure of any officer to make and execute a new bond, when required to do so, within the prescribed time, the office which he holds is hereby declared vacant. In such event it shall be the duty of the circuit court clerk in whose office the papers and proceedings are filed to certify such vacancy forthwith to the official having authority to fill the same, except when such vacancy is in the office of the circuit court clerk, in which case it shall be the duty of the judge of probate to certify the vacancy, and such official shall at once fill such vacancy by appointment.

The premiums on all bonds of all county officers and employees required by the provisions of this Code, when made by surety companies shall be paid by the respective counties out of the general funds of said county; except, that the premiums on the bonds of the superintendent of education and of the custodian of county public school funds shall be paid by the board of education of said county out of the three mill school tax, and the premiums on all bonds of $1,000.00 or less shall be paid by the officer making said bond.

Whenever, in the judgment of the county commission of any county, the amount of the bond of any county official or employee or clerk, deputy or employee in any county office which is required to be approved by such county commission is greater than is necessary, said county commission is hereby authorized and empowered to reduce the amount of said bond, but not below the minimum fixed by this Code. A resolution to that effect shall be adopted by said county commission and spread upon its minutes and a certified copy thereof served upon all of the obligors in said bond. The liability of said obligors under said bond so reduced for any breach occurring after said reduction shall not exceed the amount of said bond as so reduced. In event of such reduction the obligors shall refund to said county commission the pro rata unearned premium on the amount of said reduction.

Whenever, in the judgment of the board of education of any county the amount of the bond of the superintendent of education or of the custodian of county public school funds is greater than is necessary, said board of education is hereby authorized and empowered to reduce the amount of said bond, but not below the minimum fixed by this Code. A resolution to that effect shall be adopted by said board and spread upon its minutes and a certified copy thereof served upon all of the obligors in said bond. The liability of said obligors under said bond so reduced for any breach occurring after said reduction shall not exceed the amount of said bond as so reduced. In event of such reduction, the obligors shall refund to said board of education the pro rata net unearned premium on the amount of said reduction.

Official bonds required of all county officers or employees of the various county commissions, boards, agencies and commissions or any additional bond that may be required must be made by a surety company or surety companies or a guaranty company or guaranty companies authorized by the laws of this state to make such bonds and qualified to do business in this state.

Any person or corporation who is surety upon the official bond of any county officer or employee, by whomsoever approved, may discharge himself or itself of such suretyship upon making sworn application in writing addressed to the official, county commission, board or commission required to approve such bonds, setting forth such facts. Upon the filing of such application, said official, board or commission to whom such application is addressed shall forthwith cause personal written notice to be served upon said principal fixing a day not less than 15 nor more than 30 days after the date of the filing of such application requiring such principal to appear before him or it on and at a certain date and place and give a new bond. Upon the failure of such principal to give such bond within the time specified in such notice, he vacates his office, and the official, county commission, board or commission giving such notice must at once certify such vacation to the appointing power who must fill the vacancy. If a new bond is filed, the same must be in such amount and filed and approved as provided in this Code. On the execution, approval and filing of such new bond, such surety will stand discharged from all liability for any breach of said bond occurring thereafter, but said discharge shall not affect the previous liability of any of the obligors and in case of the discharge of any one or more obligors under this section, the same shall operate as a discharge of all other obligors on said bond. When the sureties on either bond have made any payments thereon on account of the principal obligor therein, they are entitled to the same remedies and recoveries against the sureties in the remaining bonds as was provided by section 11-2-29. Every such new or additional bond approved and filed as provided in this section is binding upon the obligors from the time of its approval and subjects them to the same liabilities, proceedings and remedy as are provided in relation to the first official bond of such officer or employee.