US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Indiana Code » Title 5. State and Local Administration » Article 4. Officers' Bonds and Oaths » Chapter 4. Insufficiency, Release, and Liability of Sureties

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 […]

5-4-4-11. Filing New Bond

Sec. 11. Whenever a new bond is filed with such judge, as provided in this chapter, the judge shall forthwith file the same with the officer who by law has the custody of the bond. Formerly: Acts 1852, 1RS, c.12, s.11. As amended by P.L.136-2018, SEC.28.

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, […]

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 […]

5-4-4-14. Liabilities of New Sureties on Old Bond

Sec. 14. Any officer required to execute a bond as provided in this chapter, 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 […]

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 […]

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.

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 […]

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.

5-4-4-5. Repealed

Formerly: Acts 1852, 1RS, c.12, s.5. Repealed by P.L.1-1990, SEC.53.

5-4-4-6. Repealed

Formerly: Acts 1852, 1RS, c.12, s.6. Repealed by P.L.1-1990, SEC.53.

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 […]

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, superior court, or probate 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; P.L.84-2016, SEC.22.