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

IN Code § 5-4-4-1 (2019) (N/A)
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Sec. 1. 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.

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5-4-4-2. Notice of hearing to judge