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§58-176.


§58-176.
   
   In all cases where bonds are required to be given, under this title,
   the officer taking the same must require the sureties to accompany it
   with an affidavit that they are each residents and householders or
   freeholders within the state, and are each worth the sum specified in
   the bond, over and above all their just debts and liabilities,
   exclusive of property exempt from execution; but when the amount
   specified in the bond exceeds One Thousand Dollars ($1,000.00), and
   there are more than two sureties thereon, they may state in their
   affidavits that they are severally worth amounts less than that
   expressed in the bond, if the whole amount be equivalent to that of
   two sufficient sureties, and the affidavits thereof must be attached
   to, and filed and recorded with the bond. All such bonds must be
   approved by the judge of the district court before being filed and
   recorded. Before the judge of the district court approves any bond
   required under this title, and after its approval he may of his own
   motion, or upon the motion of any person interested in the estate,
   supported by affidavit that the sureties or some one or more of them
   are not worth as much as they have justified to, issue a citation,
   requiring such sureties to appear before him, at a designated time and
   place, to be examined touching their property and its value; and the
   judge must, at the same time, issue a notice to the executor or
   administrator, requiring his appearance on the return of the citation,
   and on its return he may examine the sureties and such witnesses as
   may be produced, touching the property of the sureties and its value;
   and if, upon such examination, he is satisfied that the bond is
   insufficient, he must require sufficient additional security.
   

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