CHAPTER 4. INSUFFICIENCY, RELEASE, AND LIABILITY OF SURETIES

IC 5-4-4
    Chapter 4. Insufficiency, Release, and Liability of Sureties

IC 5-4-4-1
Officers ceasing to do business; insufficient sureties; proceedingsagainst officer
    Sec. 1. Whenever the clerk of the circuit court with jurisdiction inthe county where an officer resides determines or a voter eligible tovote for an officer files an affidavit with the clerk stating that:
        (1) the sureties for the official bond of an officer have ceased todo business in Indiana;
        (2) the security for an official bond of an officer has becomeinsufficient; or
        (3) the penalty has become inadequate to secure the faithfulperformance of the duties of an officer's office by thediminution of the penalty by suit, an increase of liabilities fromthe enactment of statutes after the commencement of anofficer's term, or other sufficient cause;
the clerk shall issue a writ to the sheriff commanding the officer toappear before the judge of the circuit court with jurisdiction in thecounty in which the officer resides ten (10) days after the service ofprocess and answer the complaint. The summons shall be served,return made, and fees charged as in the case of other summons.
(Formerly: Acts 1852, 1RS, c.12, s.1.) As amended by P.L.1-1990,SEC.52.

IC 5-4-4-2
Notice of hearing to judge
    Sec. 2. Such clerk, on the return of the process served, shallimmediately notify such judge of the time and place of hearing suchcomplaint, and such judge shall attend thereupon.
(Formerly: Acts 1852, 1RS, c.12, s.2.)

IC 5-4-4-3
Hearings; dismissal; new bond
    Sec. 3. At the time set therefor, whether the officer complainedagainst appear or not, upon being satisfied of the legal service ofsuch process, such judge shall hear and determine such complaint;and if he decide against the same, he shall dismiss it at the costs ofthe petitioner, unless such petitioner be such clerk, in which case heshall dismiss it without costs; but if he decide that such bond hasbecome insufficient by the removal of the sureties, or that they areunable to discharge the penalty thereof, or that such penalty isinadequate to secure the official liabilities of such officer, such judgeshall require a new bond, with sufficient additional sureties to hisapproval, to be executed and filed by such officer with him withinten (10) days thereafter, and tax the costs of such proceedings againsthim.
(Formerly: Acts 1852, 1RS, c.12, s.3.)
IC 5-4-4-4
Failure to file bond; vacating office
    Sec. 4. If such officer fail to file such bond within the time and inthe manner prescribed in the preceding section, such judge shalldeclare his office vacant, and forthwith notify the governor thereof.
(Formerly: Acts 1852, 1RS, c.12, s.4.)

IC 5-4-4-5
Repealed
    (Repealed by P.L.1-1990, SEC.53.)

IC 5-4-4-6
Repealed
    (Repealed by P.L.1-1990, SEC.53.)

IC 5-4-4-7
Failure to comply with order of court; vacating office
    Sec. 7. If the order of the court is not complied with, such judgeshall declare such office vacant, and forthwith notify the governorthereof.
(Formerly: Acts 1852, 1RS, c.12, s.7.)

IC 5-4-4-8
Release of surety
    Sec. 8. Whenever any surety in an official bond shall petition suchjudge, in writing, to be released therefrom, he shall cause a summonsto be personally served on the officer complained of, by the sheriffof the county, commanding him to appear before such judge, ten daysafter the service thereof, and give additional bond and sureties;which summons shall be served on such officer in person, returnthereof made, and fees thereon charged, as in case of a summonsfrom the circuit court.
(Formerly: Acts 1852, 1RS, c.12, s.8.)

IC 5-4-4-9
Release of surety; notice to judge
    Sec. 9. Such clerk, upon the return of the process provided for insection 8 of this chapter, shall notify the judge of the circuit court asis provided for in section 2 of this chapter.
(Formerly: Acts 1852, 1RS, c.12, s.9.) As amended by P.L.25-1986,SEC.14.

IC 5-4-4-10
Taxation of costs
    Sec. 10. If, on the day set for the hearing of such complaint, suchofficer give a new bond and sureties to be approved of such judge,the costs of the proceeding shall be taxed against such petitioner; butif such officer fail to give such additional bond and sureties, suchjudge shall declare his office vacant, forthwith notify the governorthereof, and tax the costs of the proceeding against such officer.(Formerly: Acts 1852, 1RS, c.12, s.10.)

IC 5-4-4-11
Filing new bond
    Sec. 11. Whenever a new bond is filed with such judge, as hereinprovided for, he shall forthwith file the same with the officer who bylaw has the custody thereof.
(Formerly: Acts 1852, 1RS, c.12, s.11.)

IC 5-4-4-12
Complaint against clerk of circuit court; duties assumed by auditor
    Sec. 12. If the officer against whom a complaint is filed undersection 1 of this chapter is the clerk of the circuit court, the dutiesrequired to be performed by the clerk under this chapter shall bedischarged by the auditor of the county.
(Formerly: Acts 1852, 1RS, c.12, s.12.) As amended by P.L.1-1990,SEC.54.

IC 5-4-4-13
Liabilities of old and new sureties
    Sec. 13. Where a new bond shall be required of any officer, thesureties of the old bond shall be liable only for the acts of suchofficer up to the time of the execution of such new bond; and thesureties of such new bond shall be liable only for the acts of suchofficer after the date of its execution.
(Formerly: Acts 1852, 1RS, c.12, s.13.)

IC 5-4-4-14
Liabilities of new sureties on old bond
    Sec. 14. Any officer required to execute a bond as providedherein, in consequence of the insufficiency of the sureties, mayprocure other sureties, to sign the old bond at the time set for thehearing of such petition, and if such judge shall deem such newsureties sufficient, no new bond shall be required; but such old bond,with the names of the new sureties subscribed thereto, shall bedirected to be filed with the proper keeper of such bond; and suchnew sureties shall be liable for all the official acts of such officerfrom the original date of the execution of such bond; and such bond,thus signed by the additional sureties, shall be valid against theprincipal, the original and the new sureties; and all the sureties shallbe jointly and severally liable for the official acts of such principalfrom the date of the original execution of such bond.
(Formerly: Acts 1852, 1RS, c.12, s.14.)

IC 5-4-4-15
Examination of official bonds; proceedings on insufficiency
    Sec. 15. The board of commissioners of each county shallexamine all the official bonds filed in the office of the clerk of thecircuit court and in the office of the auditor of such county, and alsothe bond of such clerk; and if the penalty of any such bond is

inadequate, or the sureties thereof are insufficient, or have removedfrom the state, except in case of the bond of the clerk, such boardshall direct such clerk to cause the necessary proceedings to be hadas herein provided to procure new bond or additional sureties. Andin case of such clerk's bond, such board shall cause the auditor ofsuch county to institute such proceedings; and in case such clerk orauditor fail to comply with the order of such board, they shall beliable on their bonds for any damage occasioned by such neglectgrowing out of any malfeasance or nonfeasance or default in officeof the officers complained against. Such board may at any timeinstitute such examination, of its own motion, as to the bond of anysuch officer, or may make such examination on petition of anytaxpayer.
(Formerly: Acts 1852, 1RS, c.12, s.15; Acts 1873, c.13, s.1.)