2-9-523. Proceedings to obtain release. (1) Any surety desiring to be released from liability on the bond of any county or township officer shall file a statement in writing, duly subscribed by himself or someone in his behalf setting forth the name and office of the person for whom he is surety, the amount for which he is liable as such, and his desire to be released from further liability on account thereof.
     (2) A notice containing the object of such statement shall be served personally on the principal unless he shall have left the state or his whereabouts cannot after due and diligent search and inquiry be ascertained, in which case the same may be served by publication once a week for four successive publications in some newspaper of general circulation published in the county where the bond is filed on record. The statement, except when the county clerk or county commissioners are principals, shall be filed with the county clerk. When the county clerk or county commissioners are principals, the statement shall be filed with the district judge.
     (3) Any surety desiring to be released from liability on the bond of any city or town officer shall file and serve a similar statement with the city or town clerk or mayor.
     (4) Any surety desiring to be released from an executor's, administrator's, or guardian's bond or undertaking shall file and serve a similar statement with the proper officer, person, or authority where the bond is filed on record.
     (5) All statements provided for in this section must be served personally on the principal as in this section provided if he can be found for service in the state; if not, he may be served by publication in a newspaper at the county seat as hereinbefore provided, or if no newspaper be published thereat, then in an adjoining county, without any order from any court or other authority. In all cases for which publication is provided, a printed or written notice posted in at least 10 conspicuous places in the county for the time specified for publication of said notice shall be deemed legal notice thereof.

     History: En. Sec. 2, Ch. 134, L. 1941; amd. Sec. 7, Ch. 177, L. 1965; R.C.M. 1947, 6-326.