811.3 Qualification and examination of surety. 1. Insurance companies doing business in this state under the provisions of section 515.48, subsection 2, may act as surety. Resident owners of property which is located within the stateand which is worth the amount specified in the undertaking, may act as surety, and must inall cases justify by an affidavit taken before an officer authorized to administer oaths thatsuch surety possesses such qualifications. 2. In taking bail each signer may justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to one sufficient bail. 3. The court in which the action is pending, or the clerk thereof, or magistrate may require the personal appearance of sureties offered, and may thereupon further examinethem upon oath concerning their sufficiency, and may also receive other evidence for oragainst the sufficiency of the bail. When such examination is closed, the official conductingsuch examination must make an order, either allowing or disallowing the bail, and forthwithcause the same, with the affidavits or justification and undertaking of bail, to be filed withthe clerk of the court to which must make an order, either allowing or disallowing the bail, and forthwithcause the same, with the affidavits or justification and undertaking of bail, to be filed withthe clerk of the court to which the papers on the preliminary examination are required tobe sent. [C51, §3220 – 3224; R60, §4969 – 4973; C73, §4575 – 4579; C97, §5507 – 5510; C24, 27, 31, 35, 39, §13619 – 13622; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.11 – 763.14; C79, 81, §811.3] Sat Dec 23 12:34:41 2023 Iowa Code 2024, Section 811.3 (17, 0)
Iowa Legal Code