Title 45, Chapter 8, Section 7
( 45-8-7)
Upon breaches of the bond of any officer, bank, or depository,
interest shall run against the principal on the bond at the rate of
7 percent per annum from the date of the breach and against the
surety at the same rate from the date of the demand on the surety.
If the breach shall involve dishonesty on the part of the officer or
bank, the official or county authority having jurisdiction to cite
the officer, or any court acquiring jurisdiction over the subject
matter, may, as against the offending principal in the bond, impose
an additional penalty of not more than 10 percent of the amount of
the loss and a reasonable sum for attorneys' fees. This penalty and
award of attorneys' fees may also be imposed upon the surety by any
court acquiring jurisdiction of the subject matter, in the event it
is shown that the surety has acted in bad faith and has been
vexatiously litigious or that it has filed defensive proceedings for
delay only. Existing laws imposing higher rates of interest or
penalties upon principals or sureties upon any of such bonds are
superseded by this Code section. |