TITLE LVI
PROBATE COURTS AND DECEDENTS' ESTATES

Chapter 565
BONDS TO THE JUDGE AND SUITS THEREON

Section 565:1

    565:1 Form. – All bonds given to a judge shall be made "to the judge of probate for the county of __________," without naming the incumbent of the office.

Source. RS 169:1. CS 179:1. GS 187:1. 1874, 32:1. GL 206:1. PS 199:1. 1901, 109:1. PL 310:1. RL 364:1.

Section 565:2

    565:2 Corporate Surety. – Any corporation established by the laws of this state, or authorized to transact business therein, and authorized thereto by its charter, may be accepted by the judge as sufficient surety if he is satisfied with the ability of the corporation as such surety.

Source. RS 169:1. CS 179:1. GS 187:1. 1874, 32:1. GL 206:1. PS 199:1. 1901, 109:1. PL 310:2. RL 364:2.

Section 565:3

    565:3 New Bond, Etc. – If the sureties or the penalty in any such bond be insufficient the judge shall require the principal therein to furnish a new bond, with sufficient sureties and penalty, and upon refusal or neglect, after due notice and a reasonable time allowed, shall revoke the trust of the principal.

Source. RS 169:2. CS 179:2. GS 187:2. GL 206:1. PS 199:2. PL 310:3. RL 364:3.

Section 565:4

    565:4 On Application of Principal. – A judge, on application of the principal to a bond, may permit a new bond to be filed, and, after due notice, may, in his discretion, discharge the sureties to the original bond from all further responsibility thereon.

Source. 1909, 37:1. PL 310:4. RL 364:4.

Section 565:5

    565:5 On Application of Surety. – The judge, on application of a surety, may require a new bond to be filed, and, after due notice, may, in his discretion, discharge such surety from all further responsibility upon the bond.

Source. RS 169:3. CS 179:3. GS 187:3. GL 206:3. PS 199:3. PL 310:5. RL 364:5.

Section 565:6

    565:6 Order for Suit. – Any person interested in a bond given to a judge may apply to the judge for an order for suit thereof, setting forth the claim intended to be recovered in such suit; and the judge may make the order, upon the applicant giving bond, with sufficient sureties, to pay the costs which may be adjudged against him.

Source. RS 169:4. CS 179:4. GS 187:4. GL 206:4. PS 199:4. PL 310:6. RL 364:6.

Section 565:7

    565:7 Indorsement of Writ. – The name and residence of every person at whose request the order is made and suit instituted shall be indorsed on the writ before the service thereof, with a brief statement of his claim.

Source. RS 169:5. CS 179:5. GS 187:5. GL 206:5. PS 199:5. PL 310:7. RL 364:7.

Section 565:8

    565:8 Plaintiff. – In such suit the defendant shall be called to answer to the "judge of probate for the county of ... ," without mentioning the name of the judge. No suit on a bond shall be abated or discontinued by any vacancy or change in the office of judge.

Source. RS 169:6. CS 179:6. GS 187:6. GL 206:6. PS 199:6. PL 310:8. RL 364:8.

Section 565:9

    565:9 Forfeiture. – When it shall appear, upon confession, verdict, demurrer or in any other way, that the penalty of the bond is forfeited judgment shall be rendered against the defendant for such penalty; and such judgment shall be security for all parties interested.

Source. RS 169:7. CS 179:7. GS 187:7. GL 206:7. PS 199:7. PL 310:9. RL 364:9.

Section 565:10

    565:10 Judgment. – Upon a hearing in chancery on such forfeiture, the court shall examine and ascertain the claims of the parties whose names are indorsed on the writ; and judgment shall be rendered for such parties respectively for the amount so ascertained, "that the judge of probate for the county of __________ now have execution for __________, being part of the penalty forfeited, and for costs taxed __________, for the use of A B, of C," with such further description as the court may deem expedient.

Source. RS 169:8. CS 179:8. GS 187:8. GL 206:8. PS 199:8. PL 310:10. RL 364:10.

Section 565:11

    565:11 Executions. – The party for whose use such judgment shall be rendered may sue out execution thereon, and shall be taken to be the creditor. If the execution is levied on real estate the same shall vest in such party as it would do if he were the nominal as well as the real plaintiff in the suit; and the attachment made on the original writ shall inure to his benefit in the same manner.

Source. RS 169:9. CS 179:9. GS 187:9. GL 206:9. PS 199:9. PL 310:11. RL 364:11.

Section 565:12

    565:12 Order of Priority. – If there be more than one party for whose use such executions may be awarded, the order of priority in the attachment shall be as designated in the indorsement on the original writ; and if there be no such designation, in the order in which the names are indorsed.

Source. RS 169:10. CS 179:10. GS 187:10. GL 206:10. PS 199:10. PL 310:12. RL 364:12.

Section 565:13

    565:13 Later Indorsers. – During the pendency of such suit the court, on motion, may order the name of any person interested to be indorsed on the original writ in manner aforesaid, and he shall thereupon be entitled to the same rights as if his name had been so indorsed before the service of the writ but subsequent to the other indorsers, upon his giving bond, with sureties, for the payment of costs.

Source. RS 169:11. CS 179:11. GS 187:11. GL 206:11. PS 199:11. PL 310:13. RL 364:13.

Section 565:14

    565:14 Scire Facias. – After judgment for the penalty of such bond any person interested, upon giving bond to the judge, with sufficient sureties, for the payment of such costs as may be adjudged against him, may sue out a scire facias on such judgment, to show cause why execution should not be awarded for his use out of the same.

Source. RS 169:12. CS 179:12. GS 187:12. GL 206:12. PS 199:12. PL 310:14. RL 364:14.

Section 565:15

    565:15 Procedure. – On such scire facias the claim of such person shall be examined, and judgment rendered and execution therefor awarded in manner aforesaid; and he shall be taken to be the creditor as aforesaid.

Source. RS 169:13. CS 179:13. GS 187:13. GL 206:13. PS 199:13. PL 310:15. RL 364:15.

Section 565:16

    565:16 Obligors Not Sued. – No suit or judgment on such bond shall operate as an abatement or bar to any suit thereon against any obligor, against whom no suit has previously been commenced or judgment rendered.

Source. RS 169:14. CS 179:14. GS 187:14. GL 206:14. PS 199:14. PL 310:16. RL 364:16.

Section 565:17

    565:17 Effect of Judgment. – A judgment in favor of the obligors shall in no case operate as a bar to any suit on such bond for the benefit of a different claimant, or of the same claimant for a different claim.

Source. RS 169:15. CS 179:15. GS 187:15. PS 199:15. PL 310:17. RL 364:17.

Section 565:18

    565:18 Costs. – Execution may be awarded, for costs adjudged to the defendants in any such suit, against the parties for whose benefit the suit was brought or maintained; or the defendants may have their remedy on the bonds taken in the probate office.

Source. RS 169:16. CS 179:16. GS 187:16. GL 206:16. PS 199:16. PL 310:18. RL 364:18.