§ 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.)