§ 5241. Bonds chancered; assessment of damages
In actions brought to recover the forfeiture annexed to any articles of agreement,
covenant, bond, bond of recognizance, with condition thereto annexed, contract, charter-party,
or other specialty given or taken in a civil matter, when the forfeiture, breach,
or nonperformance appears by the trial of an issue of fact, by the default or confession
of the defendant or upon demurrer, the court in which the action is pending may render
judgment for the plaintiff to recover so much as is equitably due. When the sum for
which judgment ought to be rendered is uncertain, on the request of either party,
the same shall be assessed by a jury.
§ 5242. Damages assessed on breaches assigned
In actions on bond or for a penal sum for the nonperformance of covenants or agreements
contained in a condition, indenture, deed, or writing, the plaintiff may assign as
many breaches as he or she chooses. Damages shall be assessed for such breaches as
he or she proves and judgment rendered for the whole penalty, and execution shall
issue for so much only as is found in damages, with costs.
§ 5243. Damages in case of default
When in an action designated in section 5242 of this title there is judgment for the plaintiff on a motion to dismiss or for summary judgment,
default, or confession, the plaintiff may recover for as many breaches as he or she
has pleaded the truth whereof shall be found. The damages shall be assessed and execution
shall issue for those damages only with costs. (Amended 1971, No. 185 (Adj. Sess.), § 158, eff. March 29, 1972.)
§ 5244. Action on judgment for other breaches
The judgment shall remain as a security to the plaintiff or his or her representatives
for any other breaches which he or she afterward proves. From time to time he or
she may bring an action on the judgment against the defendant or his or her representatives
and assign other breaches. Thereupon damages shall be assessed and execution shall
issue for the same, with costs. (Amended 1971, No. 185 (Adj. Sess.), § 159, eff. March 29, 1972.)
§ 5245. Action on judgment in Supreme Court
When in an action designated in section 5242 of this title judgment is rendered for the penalty in the Supreme Court, the action may be brought
in the Superior Court in the same county in which the original judgment was rendered. (Amended 1971, No. 185 (Adj. Sess.), § 160, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 5246. Bond of sheriff and high bailiff—action by a creditor after execution returned unsatisfied
When judgment is rendered against a sheriff or high bailiff for official misconduct,
neglect, or default and execution on the judgment is returned unsatisfied or the defendant
is committed to jail thereon, the creditor in the execution may bring an action, in
his or her own name and right, on the recognizance or bond entered into by the sheriff
or high bailiff and his or her sureties for the faithful performance of the duties
of his or her office in the Superior Court of the county where the recognizance or
bond was taken. (Amended 1971, No. 185 (Adj. Sess.), § 161, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 5247. Judgment
Unless cause is shown to the contrary on the trial of the action, the court shall
render judgment against the sheriff or high bailiff and his or her sureties, in favor
of the creditor, for the amount of the execution and charges thereon with interest
and costs. (Amended 1971, No. 185 (Adj. Sess.), § 162, eff. March 29, 1972.)
§ 5248. Defense by defendant and sureties
The defendant in the action may make any defense that he or she could have made, had
an action of contract been brought on the recognizance or bond. When the original
judgment against the sheriff or high bailiff was rendered by default and the creditor
brings an action under section 5246 of this title, the sureties may make any defense which the principal might have made in the original
action. (Amended 1971, No. 185 (Adj. Sess.), § 163, eff. March 29, 1972.)
§ 5249. When the principal has removed from the State
When a person liable as sheriff or high bailiff for official misconduct, neglect,
or default has removed from the State leaving no known attachable property therein,
so that service of process cannot be made upon him or her, an action founded in contract
may be brought directly upon the recognizance or bond of the sheriff or high bailiff
and his or her sureties by the party entitled thereto, without first bringing suit
against the sheriff or high bailiff. In the action, the sureties may make any defense
which their principal might have made if the action had been against him or her directly
for the misconduct, neglect, or default. (Amended 1971, No. 185 (Adj. Sess.), § 164, eff. March 29, 1972.)