Liens; real estate; release
Sec. 9. All recognizances, taken to secure the appearance of a
defendant in the circuit court to answer a criminal charge, shall be
immediately recorded by the clerk of said court in the order book and
entered in the judgment docket of said court, and from the date of
such recording and entry such recognizance shall be a lien upon all
the real estate in such county owned by the several obligors. If the
real estate owned by any one or more of said obligors be situated in
any county or counties of the state of Indiana, other than that in
which such prosecution is pending, it shall then be the duty of the
clerk of the court where said action is pending, upon order of such
court and as such court may direct, to immediately transmit to the
clerk of the circuit court of the county, or counties, where said real
estate is situated, a certified copy of said recognizance, and the clerk
or clerks, to whom such copies are so certified, shall immediately,
upon receipt thereof, record the same and enter them upon the
judgment docket of the circuit court of such county, in the same
manner as required of the clerk of the court wherein said cause is
pending, and the same shall become a lien upon all the real estate in
such county, or counties, owned by any one or more of said obligors,
in the same manner and to the same extent as if said lands were
situated in the county where said cause is pending. The clerk to
whom such document is transmitted shall be entitled to charge and
collect the sum of one dollar ($1) for the services herein required of
the clerk, which sum shall be paid by the defendant or the defendant's
obligors, and which shall accompany said certified copy. Upon the
final determination of said cause and the full and complete
compliance with all of the requirements and conditions of said
recognizance upon the part of the defendant, the court wherein said
cause was determined shall order the release of all liens created by
said recognizance as herein provided, and the clerk of said court shall
transmit to the clerk of the circuit court of each county wherein said
lien may have been recorded, as herein provided, and such order
when recorded in any of said counties shall operate as a full and
complete release thereof as to all lands of such obligors situated in
any such county. The fee of any clerk for recording any such release
shall be fifty cents ($0.50), which fee shall be paid by the obligor
whose lands are thereby affected, and shall accompany the copy of
such order when transmitted by the clerk of said court. Judgments,
if any, rendered as in this article provided, in the event of the
forfeiture of any recognizance bond affected by this article, shall
bind and be a lien upon all the real estate of the principal and
sureties, within the county in which such judgment is rendered, from
the date of such entry and recording of such recognizance in the
clerk's office, the date of which lien shall be stated in such judgment
of the court. A transcript of such judgment shall also be filed in the
office of the clerk of the circuit court of each other county, if any,
where such recognizance may have been recorded as herein
provided, and when so recorded shall be a lien upon all the lands of
any obligor therein situated, from the date of the recording of such
recognizance bond, in like manner as in the county of original
jurisdiction, as herein provided, and shall be without relief from
valuation or appraisement laws. Should such surety be relieved from
liability from such bond as by law provided, such clerk shall proceed
to release from the lien provided herein all the surety's such real
estate as though such case had been completed and the case finally
determined.
As added by P.L.5-1988, SEC.180.
Last modified: May 24, 2006