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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Courts
Chapter Five. Bonds and Sureties

Section 501. Justification of Surety

A ministerial officer whose duty it is to take security in any undertaking provided for by the Tribal Code shall require the person offered as surety, if not a qualified surety or bonding company, to make an affidavit of his qualifications, which affidavit may be made before such officer, and shall be endorsed upon or attached to the undertaking. If the undertaking is given by a qualified surety or bonding company, the credentials of the persons making the undertaking shall be shown and attached thereto. The ministerial officer shall have the power to administer oaths for the purpose of making any affidavits required by this Chapter.

Absentee Shawnee Courts Code Section 501, AST COURTS Code Section 501



Section 502. Qualifications of Surety

The surety in every undertaking provided for by the Tribal Code, unless. a surety or bonding company authorized to give their bond or undertaking by Tribal law, irrevocably submits himself to the jurisdiction of the Tribal Court for the purpose of enforcement of said bond or undertaking, and must be worth double the sum to be secured, over and above all exemptions, debts, and liabilities. Where there are two or more sureties in the same undertaking they must in the aggregate have the qualifications prescribed in this section.

Absentee Shawnee Courts Code Section 502, AST COURTS Code Section 502



Section 503. Real Estate Mortgage as Bond

In every instance where bond, indemnity or guaranty is required, a first mortgage upon real estate within a State in which any portion of the Tribal jurisdiction lies shall be accepted, provided, that the amount of such bond, guaranty, or indemnity shall not exceed fifty per cent of the reasonable valuation of such improved real estate, provided further, that where the amount of such bond, guaranty or indemnity shall exceed fifty per cent of the reasonable valuation of such improved real estate, then such first mortgage shall be accepted to the extent of such fifty per cent valuation.

Absentee Shawnee Courts Code Section 503, AST COURTS Code Section 503



Section 504. Valuation of Real Estate

The officer, whose duty it is to accept and approve such bond, guaranty or indemnity shall require the affidavits of two landowners or licensed real estate appraisers or brokers versed in land values in the community where such real estate is located to the value of such real estate. Said officer shall have the authority to administer the oaths and take said affidavits.

Absentee Shawnee Courts Code Section 504, AST COURTS Code Section 504



Section 505. False Valuation--Penalty

Any person wilfully making a false affidavit as to the value of any such real estate shall be guilty of perjury and punished accordingly. Any officer administering or accepting such affidavit knowing it to be false shall be guilty of conspiracy to commit perjury and punished accordingly. Any such wrongdoer shall be liable in a civil action to the party injured by such false affidavit to the extent of the injuring proximately caused thereby.

Absentee Shawnee Courts Code Section 505, AST COURTS Code Section 505



Section 506. Action by Tribe or Tribal Department--No Bond Required

Whenever an action is filed in the Court by the Tribe, or by direction of any department of the Tribe, its agencies, commissions, or political branches, no bond, including cost, replevin, attachment, garnishment, re-delivery, injunction bonds, appeal bonds, or other obligations of security shall be required from such party either to prosecute said suit, answer, or appeal the same. In case of an adverse decision, such costs as by law are taxable against such party shall be paid out of the miscellaneous fund or other available fund of the party under whose direction the proceedings were instituted.

Absentee Shawnee Courts Code Section 506, AST COURTS Code Section 506



Section 507. Appearance Bond--Enforcement

(a) If a bench warrant or command to enforce a Court order by body attachment is issued in a case for divorce, legal separation, annulment, child support, or alimony, or in any civil proceeding in which a judgment debtor is summoned to answer as to assets, and the person arrested, pursuant to the authority of such process, makes a bond for his appearance at the time of trial or other proceeding in the case, the bond made shall be disbursed by the Court Clerk upon order of the Court to the party in the suit who has procured the bench warrant or command for body attachment rather than to the Tribe as the Court shall direct for the payment of any sums due. The penalty on the bond or any part thereof, shall, when recovered, first be applied to discharge the obligation adjudicated in the case in which the bond was posted, and any excess shall be deposited in the Court fund. The party who is the obligee on such bond shall have the right to enforce its penalty to the same extent and in the same manner as the Tribe may enforce the penalty on a forfeited bail bond.

(b) Upon forfeiture of a bond payable to the Tribe as ordered by the Court, including bail bonds, the. Tribe may enforce the penalty on the bond upon motion filed in the case by any method authorized for the execution of civil judgments. All amounts received upon such forfeited bonds as penalty shall be deposited in the court fund. The Court may, for good cause shown, vacate an order of bond forfeiture.

Absentee Shawnee Courts Code Section 507, AST COURTS Code Section 507

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