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This entry was published on 2014-09-22
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SECTION 1212-A
Security by authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 9
§ 1212-a. Security by authority. 1. Each provision of statute or rule
requiring a party to give security for the purpose of procuring an order
of arrest, an injunction order, or a warrant of attachment, or as a
condition of obtaining any other relief, or taking any proceeding; or
allowing the court or a judge to require such security to be given, is
to be construed as excluding an action brought by the authority; except
where the security to be given in such an action is specially regulated
by the provision in question.

2. In any action in which the authority shall be excused by statute
from giving security on procuring an order of arrest, an order of
injunction or a warrant of attachment, the authority shall be liable for
all damages that may be sustained by the opposite party by reason of
such order of arrest, attachment or injunction, in the same case and to
the same extent as sureties to an undertaking would have been if such an
undertaking had been given.

3. Upon an appeal taken by the authority, the service of the notice of
appeal perfects the appeal and stays the execution of the judgment or
order appealed from, without an undertaking or other security.