Where a provision of this Part 2 or the Court by order requires an undertaking to be given by or on behalf of a party or person, the party or person need not join with the sureties in the execution thereof. Such undertaking must be executed by one (1) or more sureties to be approved by the Court or by a fidelity or surety company specifically authorized by law to act as surety, which undertaking must be acknowledged or proved and certified in like manner as a deed to be recorded. Where it is executed by two (2) or more persons it must be joint and several in form and except when executed by a fidelity or surety company must be accompanied with the affidavit of each surety subjoined thereto, to the effect that he is a resident and a householder or freeholder within the City of Albany or a town adjoining thereto within the County of Albany and is worth twice the sum specified in the undertaking over all the debts and liabilities which he owes or has incurred and exclusive of property exempt by law from levy and sale under an execution. When the undertaking is executed by a fidelity or surety company all the provisions of the Civil Practice Act[1] and the rules and regulations of the Supreme Court shall apply thereto. Undertakings must be approved by the Court as to their form and the sufficiency of the sureties which approval must be indorsed upon such undertakings.
[1]
Editor's Note: See now the Civil Practice Law and Rules.