IC 5-4-4
Chapter 4. Insufficiency, Release, and Liability of Sureties
IC 5-4-4-1 Officers ceasing to do business; insufficient sureties; proceedings
against officer
Sec. 1. Whenever the clerk of the circuit court with jurisdiction in
the county where an officer resides determines or a voter eligible to
vote for an officer files an affidavit with the clerk stating that:
(1) the sureties for the official bond of an officer have ceased to
do business in Indiana;
(2) the security for an official bond of an officer has become
insufficient; or
(3) the penalty has become inadequate to secure the faithful
performance of the duties of an officer's office by the
diminution of the penalty by suit, an increase of liabilities from
the enactment of statutes after the commencement of an
officer's term, or other sufficient cause;
the clerk shall issue a writ to the sheriff commanding the officer to
appear before the judge of the circuit court with jurisdiction in the
county in which the officer resides ten (10) days after the service of
process 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, shall
immediately notify such judge of the time and place of hearing such
complaint, 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 complained
against appear or not, upon being satisfied of the legal service of
such process, such judge shall hear and determine such complaint;
and if he decide against the same, he shall dismiss it at the costs of
the petitioner, unless such petitioner be such clerk, in which case he
shall dismiss it without costs; but if he decide that such bond has
become insufficient by the removal of the sureties, or that they are
unable to discharge the penalty thereof, or that such penalty is
inadequate to secure the official liabilities of such officer, such judge
shall require a new bond, with sufficient additional sureties to his
approval, to be executed and filed by such officer with him within
ten (10) days thereafter, and tax the costs of such proceedings against
him. (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 in
the manner prescribed in the preceding section, such judge shall
declare 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 judge
shall declare such office vacant, and forthwith notify the governor
thereof. (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 such
judge, in writing, to be released therefrom, he shall cause a summons
to be personally served on the officer complained of, by the sheriff
of the county, commanding him to appear before such judge, ten days
after the service thereof, and give additional bond and sureties;
which summons shall be served on such officer in person, return
thereof made, and fees thereon charged, as in case of a summons
from 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 in
section 8 of this chapter, shall notify the judge of the circuit court as
is 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, such
officer give a new bond and sureties to be approved of such judge,
the costs of the proceeding shall be taxed against such petitioner; but
if such officer fail to give such additional bond and sureties, such
judge shall declare his office vacant, forthwith notify the governor
thereof, 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 herein
provided for, he shall forthwith file the same with the officer who by
law 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 under
section 1 of this chapter is the clerk of the circuit court, the duties
required to be performed by the clerk under this chapter shall be
discharged 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, the
sureties of the old bond shall be liable only for the acts of such
officer up to the time of the execution of such new bond; and the
sureties of such new bond shall be liable only for the acts of such
officer 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 provided
herein, in consequence of the insufficiency of the sureties, may
procure other sureties, to sign the old bond at the time set for the
hearing of such petition, and if such judge shall deem such new
sureties sufficient, no new bond shall be required; but such old bond,
with the names of the new sureties subscribed thereto, shall be
directed to be filed with the proper keeper of such bond; and such
new sureties shall be liable for all the official acts of such officer
from the original date of the execution of such bond; and such bond,
thus signed by the additional sureties, shall be valid against the
principal, the original and the new sureties; and all the sureties shall
be jointly and severally liable for the official acts of such principal
from 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 shall
examine all the official bonds filed in the office of the clerk of the
circuit court and in the office of the auditor of such county, and also
the bond of such clerk; and if the penalty of any such bond is
inadequate, or the sureties thereof are insufficient, or have removed
from the state, except in case of the bond of the clerk, such board
shall direct such clerk to cause the necessary proceedings to be had
as herein provided to procure new bond or additional sureties. And
in case of such clerk's bond, such board shall cause the auditor of
such county to institute such proceedings; and in case such clerk or
auditor fail to comply with the order of such board, they shall be
liable on their bonds for any damage occasioned by such neglect
growing out of any malfeasance or nonfeasance or default in office
of the officers complained against. Such board may at any time
institute such examination, of its own motion, as to the bond of any
such officer, or may make such examination on petition of any
taxpayer. (Formerly: Acts 1852, 1RS, c.12, s.15; Acts 1873, c.13, s.1.)
IC 5-4-4
Chapter 4. Insufficiency, Release, and Liability of Sureties
IC 5-4-4-1 Officers ceasing to do business; insufficient sureties; proceedings
against officer
Sec. 1. Whenever the clerk of the circuit court with jurisdiction in
the county where an officer resides determines or a voter eligible to
vote for an officer files an affidavit with the clerk stating that:
(1) the sureties for the official bond of an officer have ceased to
do business in Indiana;
(2) the security for an official bond of an officer has become
insufficient; or
(3) the penalty has become inadequate to secure the faithful
performance of the duties of an officer's office by the
diminution of the penalty by suit, an increase of liabilities from
the enactment of statutes after the commencement of an
officer's term, or other sufficient cause;
the clerk shall issue a writ to the sheriff commanding the officer to
appear before the judge of the circuit court with jurisdiction in the
county in which the officer resides ten (10) days after the service of
process 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, shall
immediately notify such judge of the time and place of hearing such
complaint, 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 complained
against appear or not, upon being satisfied of the legal service of
such process, such judge shall hear and determine such complaint;
and if he decide against the same, he shall dismiss it at the costs of
the petitioner, unless such petitioner be such clerk, in which case he
shall dismiss it without costs; but if he decide that such bond has
become insufficient by the removal of the sureties, or that they are
unable to discharge the penalty thereof, or that such penalty is
inadequate to secure the official liabilities of such officer, such judge
shall require a new bond, with sufficient additional sureties to his
approval, to be executed and filed by such officer with him within
ten (10) days thereafter, and tax the costs of such proceedings against
him. (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 in
the manner prescribed in the preceding section, such judge shall
declare 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 judge
shall declare such office vacant, and forthwith notify the governor
thereof. (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 such
judge, in writing, to be released therefrom, he shall cause a summons
to be personally served on the officer complained of, by the sheriff
of the county, commanding him to appear before such judge, ten days
after the service thereof, and give additional bond and sureties;
which summons shall be served on such officer in person, return
thereof made, and fees thereon charged, as in case of a summons
from 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 in
section 8 of this chapter, shall notify the judge of the circuit court as
is 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, such
officer give a new bond and sureties to be approved of such judge,
the costs of the proceeding shall be taxed against such petitioner; but
if such officer fail to give such additional bond and sureties, such
judge shall declare his office vacant, forthwith notify the governor
thereof, 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 herein
provided for, he shall forthwith file the same with the officer who by
law 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 under
section 1 of this chapter is the clerk of the circuit court, the duties
required to be performed by the clerk under this chapter shall be
discharged 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, the
sureties of the old bond shall be liable only for the acts of such
officer up to the time of the execution of such new bond; and the
sureties of such new bond shall be liable only for the acts of such
officer 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 provided
herein, in consequence of the insufficiency of the sureties, may
procure other sureties, to sign the old bond at the time set for the
hearing of such petition, and if such judge shall deem such new
sureties sufficient, no new bond shall be required; but such old bond,
with the names of the new sureties subscribed thereto, shall be
directed to be filed with the proper keeper of such bond; and such
new sureties shall be liable for all the official acts of such officer
from the original date of the execution of such bond; and such bond,
thus signed by the additional sureties, shall be valid against the
principal, the original and the new sureties; and all the sureties shall
be jointly and severally liable for the official acts of such principal
from 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 shall
examine all the official bonds filed in the office of the clerk of the
circuit court and in the office of the auditor of such county, and also
the bond of such clerk; and if the penalty of any such bond is
inadequate, or the sureties thereof are insufficient, or have removed
from the state, except in case of the bond of the clerk, such board
shall direct such clerk to cause the necessary proceedings to be had
as herein provided to procure new bond or additional sureties. And
in case of such clerk's bond, such board shall cause the auditor of
such county to institute such proceedings; and in case such clerk or
auditor fail to comply with the order of such board, they shall be
liable on their bonds for any damage occasioned by such neglect
growing out of any malfeasance or nonfeasance or default in office
of the officers complained against. Such board may at any time
institute such examination, of its own motion, as to the bond of any
such officer, or may make such examination on petition of any
taxpayer. (Formerly: Acts 1852, 1RS, c.12, s.15; Acts 1873, c.13, s.1.)
IC 5-4-4
Chapter 4. Insufficiency, Release, and Liability of Sureties
IC 5-4-4-1 Officers ceasing to do business; insufficient sureties; proceedings
against officer
Sec. 1. Whenever the clerk of the circuit court with jurisdiction in
the county where an officer resides determines or a voter eligible to
vote for an officer files an affidavit with the clerk stating that:
(1) the sureties for the official bond of an officer have ceased to
do business in Indiana;
(2) the security for an official bond of an officer has become
insufficient; or
(3) the penalty has become inadequate to secure the faithful
performance of the duties of an officer's office by the
diminution of the penalty by suit, an increase of liabilities from
the enactment of statutes after the commencement of an
officer's term, or other sufficient cause;
the clerk shall issue a writ to the sheriff commanding the officer to
appear before the judge of the circuit court with jurisdiction in the
county in which the officer resides ten (10) days after the service of
process 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, shall
immediately notify such judge of the time and place of hearing such
complaint, 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 complained
against appear or not, upon being satisfied of the legal service of
such process, such judge shall hear and determine such complaint;
and if he decide against the same, he shall dismiss it at the costs of
the petitioner, unless such petitioner be such clerk, in which case he
shall dismiss it without costs; but if he decide that such bond has
become insufficient by the removal of the sureties, or that they are
unable to discharge the penalty thereof, or that such penalty is
inadequate to secure the official liabilities of such officer, such judge
shall require a new bond, with sufficient additional sureties to his
approval, to be executed and filed by such officer with him within
ten (10) days thereafter, and tax the costs of such proceedings against
him. (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 in
the manner prescribed in the preceding section, such judge shall
declare 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 judge
shall declare such office vacant, and forthwith notify the governor
thereof. (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 such
judge, in writing, to be released therefrom, he shall cause a summons
to be personally served on the officer complained of, by the sheriff
of the county, commanding him to appear before such judge, ten days
after the service thereof, and give additional bond and sureties;
which summons shall be served on such officer in person, return
thereof made, and fees thereon charged, as in case of a summons
from 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 in
section 8 of this chapter, shall notify the judge of the circuit court as
is 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, such
officer give a new bond and sureties to be approved of such judge,
the costs of the proceeding shall be taxed against such petitioner; but
if such officer fail to give such additional bond and sureties, such
judge shall declare his office vacant, forthwith notify the governor
thereof, 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 herein
provided for, he shall forthwith file the same with the officer who by
law 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 under
section 1 of this chapter is the clerk of the circuit court, the duties
required to be performed by the clerk under this chapter shall be
discharged 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, the
sureties of the old bond shall be liable only for the acts of such
officer up to the time of the execution of such new bond; and the
sureties of such new bond shall be liable only for the acts of such
officer 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 provided
herein, in consequence of the insufficiency of the sureties, may
procure other sureties, to sign the old bond at the time set for the
hearing of such petition, and if such judge shall deem such new
sureties sufficient, no new bond shall be required; but such old bond,
with the names of the new sureties subscribed thereto, shall be
directed to be filed with the proper keeper of such bond; and such
new sureties shall be liable for all the official acts of such officer
from the original date of the execution of such bond; and such bond,
thus signed by the additional sureties, shall be valid against the
principal, the original and the new sureties; and all the sureties shall
be jointly and severally liable for the official acts of such principal
from 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 shall
examine all the official bonds filed in the office of the clerk of the
circuit court and in the office of the auditor of such county, and also
the bond of such clerk; and if the penalty of any such bond is
inadequate, or the sureties thereof are insufficient, or have removed
from the state, except in case of the bond of the clerk, such board
shall direct such clerk to cause the necessary proceedings to be had
as herein provided to procure new bond or additional sureties. And
in case of such clerk's bond, such board shall cause the auditor of
such county to institute such proceedings; and in case such clerk or
auditor fail to comply with the order of such board, they shall be
liable on their bonds for any damage occasioned by such neglect
growing out of any malfeasance or nonfeasance or default in office
of the officers complained against. Such board may at any time
institute such examination, of its own motion, as to the bond of any
such officer, or may make such examination on petition of any
taxpayer. (Formerly: Acts 1852, 1RS, c.12, s.15; Acts 1873, c.13, s.1.)
