59.12.110
Modification
of bond.
The
plaintiff or
defendant at
any time,
upon two
days' notice
to the
adverse
party, may
apply to the
court or any
judge
thereof for
an order
raising or
lowering the
amount of
any bond in
this chapter
provided
for. Either
party may,
upon like
notice,
apply to the
court or any
judge
thereof for
an order
requiring
additional
or other
surety or
sureties
upon any
such bond.
Upon the
hearing or
any
application
made under
the
provisions
of this
section
evidence may
be given.
The judge
after
hearing any
such
application
shall make
such an
order as
shall be
just in the
premises.
The bondsmen
may be
required to
be present
at such
hearing if
so required
in the
notice
thereof, and
shall answer
under oath
all
questions
that may be
asked them
touching
their
qualifications
as bondsmen,
and in the
event the
bondsmen
shall fail
or refuse to
appear at
such hearing
and so
answer such
questions
the bond
shall be
stricken. In
the event
the court
shall order
a new or
additional
bond to be
furnished by
defendant,
and the same
shall not be
given within
twenty-four
hours, the
court shall
order the
sheriff to
forthwith
execute the
writ. In the
event the
defendant
shall file a
second or
additional
bond and it
shall also
be found
insufficient
after
hearing, as
above
provided,
the right to
retain the
premises by
bond shall
be lost and
the sheriff
shall
forthwith
put the
plaintiff in
possession
of the
premises.
