38-263. Additional bond; failure to
file
A. When a surety on any official bond moves from the state, becomes insolvent or
insufficient, or the penalty on the bond becomes insufficient, the person approving the
bond shall, of his own motion, or on the showing of any person, supported by an
affidavit, at once notify any such officer to appear before him at a time stated, not
less than three nor more than ten days after the service of the notice, and show cause
why he should not execute a new or additional bond with good and sufficient sureties.
B. After hearing thereon, either party aggrieved by the decision may appeal to the
judge of the superior court of the county in which the bond is filed, and in the absence
of the judge, to the court commissioner of the county, who shall proceed to hear the
matter summarily and decide the case, and such decision shall be final. If the officer
fails to appear, the matter may be heard in his absence, and if any officer, when
required to do so, fails to file a new or additional bond, his office shall be deemed
vacant.
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