CHAPTER 3. ACKNOWLEDGMENT OF BONDS

IC 5-4-3
    Chapter 3. Acknowledgment of Bonds

IC 5-4-3-1
Certification of acknowledgment
    Sec. 1. (a) An official bond of any state, county, township, orother public officer may not be approved until the execution isacknowledged by the principal and sureties before some officerauthorized to take the acknowledgment of deeds. The officer takingthe acknowledgment shall certify the act on the bond.
    (b) In the case of a surety company, the official bonds of thecounty treasurer and the city controller acting as city treasurer in asecond class city shall be signed and acknowledged by theappropriate officers of the company in the presence of a notarypublic or other officer authorized to take acknowledgments.Otherwise, the official bonds of those officers shall be signed andacknowledged by the officers and their sureties in the presence of atleast a majority of the board of county commissioners in the case ofthe county treasurer and of a majority of the common council of thecity in the case of the city controller acting as city treasurer of asecond class city.
(Formerly: Acts 1865(ss), c.76, s.1.) As amended by Acts 1980,P.L.8, SEC.37.

IC 5-4-3-2
Defenses
    Sec. 2. The sureties in any official bond, taken and acknowledgedas contemplated in the foregoing section, shall, as between suchsureties and the state, be deemed and taken to be principals; and itshall not be competent for any surety in such bond to set up, as adefense to an action brought for a breach of the condition thereof,any matter which would not be available as a defense to the principalin such bond.
(Formerly: Acts 1865(ss), c.76, s.2.)