§46-28 Extent of liability. Every bond required or given under the authority of this chapter shall be construed to cover all duties now or hereafter required, prescribed, or defined by any law, or by the appointment or employment of the obligor, and all duties required of the obligor by the terms, provisions, or conditions of any law, or by the obligor's appointment, employment, or position, or by any departmental rule or regulation, or by any direction, order, or command of the head of the department, office, bureau, or service in question, and all duties and acts undertaken, assumed or performed by the obligor, by virtue or color of the obligor's office, appointment, or employment, and all the duties and acts shall be considered to have been undertaken, assumed, performed, or done as the case may be by specific requirement of statute, whether the obligor undertaking, assuming, performing, or doing any such duty or act, is designated, described, named in, or recognized by any statute or not. No surety shall be released or relieved from liability upon any bond by reason of the fact that the office, appointment, employment, or position, held, occupied, assumed, or undertaken by the or not. No surety shall be released or relieved from liability upon any bond by reason of the fact that the office, appointment, employment, or position, held, occupied, assumed, or undertaken by the obligor is not specifically named in or recognized by any statute, or by reason of the fact that any or all of the duties or acts undertaken, assumed, or performed by the obligor by virtue or color of the obligor's office, appointment, employment, or position are not specifically required, defined, or prescribed by any statute or departmental rule or regulation made under the express or implied authority of any statute. No bond shall be held void for any formal defects therein. [L 1915, c 67, §3; RL 1925, §2172; RL 1935, §2312; RL 1945, §6003; RL 1955, §138-3; HRS §46-28; gen ch 1985]
Hawaii Legal Code