§ 5-4-4-3 — Hearings; dismissal; new bond

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.