§ 5-4-4-1 — Officers ceasing to do business; insufficient sureties; proceedings against officer

Indiana § 5-4-4-1

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 4: OFFICERS' BONDS AND OATHS
• Ch. 4: Insufficiency, Release, and Liability of Sureties

Text

Whenever the clerk of the circuit court, superior
court, or probate 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, superior court, or probate
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; P.L.84-2016, SEC.21.