Section 12. Force and effect of official undertaking  


Latest version.
  • An officer of whom an
      official undertaking  is  required,  shall  not  receive  any  money  or
      property as such officer, or do any act affecting the disposition of any
      money  or property which such officer is entitled to receive or have the
      custody of, before he shall have filed such undertaking; and any  person
      having  the  custody  or control of any such money or property shall not
      deliver the same to any officer of whom an undertaking is required until
      such undertaking shall have been given. If a public officer required  to
      give  an  official  undertaking, enters upon the discharge of any of his
      official duties before giving such undertaking, the  sureties  upon  his
      undertaking  subsequently given for or during his official term shall be
      liable for all his acts and defaults done or suffered and for all moneys
      and property received during such term prior to the  execution  of  such
      undertaking,  or  if a new undertaking is given, from the time notice to
      give such new undertaking is served upon him. Every official undertaking
      shall be obligatory and in force so long as the officer  shall  continue
      to  act  as  such  and  until  his successor shall be appointed and duly
      qualified, and until the conditions of the undertaking shall  have  been
      fully performed. When an official undertaking is renewed pursuant to law
      the  sureties  upon  the  former undertaking shall not be liable for any
      official act done or moneys received after the due  execution,  approval
      and filing of the new undertaking.