78-103: Venue of actions.
Any surety company doing business under the provisions of this act
may be sued in respect thereof in any court of the United States or in the
state of Kansas which has now, or hereafter may have, jurisdiction of
actions on suits upon such recognizance, stipulation, bond or undertaking
in the district in which such recognizance, stipulation, bond or
undertaking was made or guaranteed, or in the district in which the agent
of such company is located. And for the purpose of this act, such
recognizance, stipulation, bond or undertaking shall be treated as made or
guaranteed in the district in which the office is located, to which it is
returnable, or in which it is filed, or in the district in which the
principal of such recognizance, stipulation, bond or undertaking resided
when it was made or guaranteed.
History: R.S. 1923, 78-103; Dec. 27.
78-104:
History: L. 1895, ch. 73, § 6; R.S. 1923,
78-104; Repealed, L. 1951, ch. 474, § 1; June 30.
78-105: Estoppel of company to deny corporate power.
Any company which shall execute or guarantee any recognizance,
stipulation, bond or undertaking under the provisions of this act shall be
estopped in any such proceeding to enforce the liability which it shall
have assumed to incur, to deny its corporate power to execute or guarantee
any such instrument or assume such liability.
History: L. 1895, ch. 73, § 7; April 12; R.S. 1923, 78-105.
78-106: Forfeitures by companies for noncompliance with laws.
Any company, doing business under the provisions of this act, which
shall fail to comply with any of its provisions, shall forfeit to the state
of Kansas for every such failure not less than five hundred dollars ($500)
nor more than five thousand dollars ($5,000), to be recovered by suit in
the name of the state of Kansas, in the same court in which suit may be
brought against such company under the provisions of this act; and such
failure shall not affect the validity of any contract entered into by such
company.
History: L. 1895, ch. 73, § 8; April 12; R.S. 1923, 78-106.
78-107: Limitation of liability of surety.
All persons who shall offer themselves as sureties on official
bonds, whether the same be state, county, township or city bonds, may
designate, opposite their signature to such bond, the amount for which they
are willing to be bound; and in case of a forfeiture of the bond they shall
not be liable for a greater amount than the sum so designated.
History: L. 1891, ch. 150, § 1; March 12; R.S. 1923, 78-107.
78-108: Allowance for cost of bond; limitation.
Any receiver, assignee, conservator, committee, trustee, executor or administrator
required by law or by the order of any court to give a bond as such, may
include, as part of the lawful expense of executing his or her trust, such
reasonable sum paid a company authorized under the laws of this state so
to do for becoming surety on such bond as may be allowed by the court in
which he or she is required to account not exceeding, however, one percentum
per annum on the amount of such bond.
History: L. 1901, ch. 268, § 1; R.S. 1923, 78-108; L. 1965, ch. 508, § 1; Jan.
1, 1966.
78-109: Bonds of fiduciaries or representatives; amount.
In all cases where a bond is required to be given by any executor,
administrator, conservator or other person acting in a fiduciary capacity,
if such bond be executed or guaranteed by a corporation incorporated under
the laws of the United States or of any state authorized to do business in
the state of Kansas, and having power to guarantee the fidelity of persons
holding positions of public or private trust and to execute and guarantee
bonds and undertakings in judicial proceedings, the amount of such bond to
be fixed by the officer required to approve said bond shall be not less
than one hundred and twenty-five percentum of the amount involved in the
trust, or the actual value of the property belonging to the estate or
coming into the hands of and under the control and management of such
executor, administrator, conservator or trustee.
History: R.S. 1923, 78-109; L. 1965, ch. 508, § 2; Jan. 1, 1966.
78-110:
History: L. 1927, ch. 294, § 1; Repealed, L. 1969, ch. 427, §
2; July 1.
78-111: Official corporate surety bonds; allowance for premiums.
When any public official or deputy or employee of said public official
is required by law to give bond, the premium of any duly licensed company
on the bond of any such public officer, deputy or employee shall be allowed
and paid by the county, township, municipality, school district or other
political subdivision of which such person so giving such bond is officer,
deputy or employee.
History: L. 1929, ch. 280, § 1; L. 1941, ch. 368, § 1; L. 1943, ch. 287, § 1;
L. 1969, ch. 427, § 1; July 1.
78-112: Individual sureties; execution before officer.
That, whenever any bond, stipulation or undertaking given to any county,
township, school district, city or other municipal corporation for the security
of any deposit of public money or performance of any public contract, shall
be signed by two or more individual sureties, said bond shall be signed
by such sureties before an officer authorized to take acknowledgments, who
shall subscribe to the fact that said bond was signed by such sureties in
his or her presence.
History: L. 1933, ch. 163, § 1; June 5.