A ministerial officer whose duty it is to take security in any undertaking provided for by this Code or by other statutes shall require the person offered as surety to make an affidavit of his qualifications, which affidavit may be made before such officer, and shall be endorsed upon or attached to the undertaking. The taking of such an affidavit shall not exempt the officer from any liability to which he might otherwise be subject for taking insufficient security.
§ 61.Justification of Surety
Chapter 2: General Provisions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 61 requires a ministerial officer taking security on an undertaking to make the proposed surety swear an affidavit of qualifications, attached to or endorsed on the undertaking, without excusing the officer from liability for accepting insufficient security.
Full Text of § 61
Amendment History
R.L. 1910, § 5342.
Plain-English Summary
Section 61 requires a ministerial officer — someone whose job includes taking security on a bond or undertaking — to make the person offered as surety swear an affidavit of qualifications. The officer can take that affidavit personally, and it gets endorsed on or attached to the undertaking itself.
Getting the affidavit doesn't let the officer off the hook. If the surety turns out to be insufficient, the officer can still be held liable for accepting bad security, the same as if no affidavit had been taken at all.
Frequently Asked Questions
What is a surety's affidavit of justification?
It's a sworn statement, made before the officer taking the security, in which the proposed surety attests to meeting the qualifications the law requires.
Where does the affidavit go once it's made?
It's endorsed on or attached to the undertaking itself.
Does taking the affidavit protect the officer if the surety turns out to be insufficient?
No. The section states that taking the affidavit doesn't exempt the officer from liability for accepting insufficient security.
Which officers does this rule apply to?
Any ministerial officer whose duty includes taking security on an undertaking required by the Code or by other statutes.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: surety affidavit of qualification Oklahomajustification of surety requirementofficer liable insufficient security bondaffidavit endorsed on undertaking