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10-704. Lost or destroyed bond; issuance of duplicate; indemnifying bond required. A duplicate for a lost or destroyed bond shall not be issued until there is filed with the proper officer an affidavit of some person knowing the facts, setting forth the ownership of such bond, the description thereof, the number of any coupons thereto attached, and the manner of its loss or destruction, and until there is executed and filed with the same officer an indemnifying bond, with securities to be approved by such officer, in a sum equal to the amount of such bond and any coupons attached if a corporate surety bond issued by a company authorized to do business in this state is filed or, in a sum equal to double the amount of such bond and any coupons attached if any other type of bond is filed, conditioned that the parties thereto shall pay all damages which the state, county, city, township or school district, as the case may be may sustain if compelled to pay such lost or destroyed bonds or any coupons.

History: G.S. 1868, ch. 15, § 4; R.S. 1923, § 10-704; L. 1953, ch. 58, § 1; L. 1955, ch. 73, § 1; L. 1970, ch. 65, § 1; L. 1983, ch. 49, § 37; May 12.

Source or prior law:

L. 1862, ch. 158, § 3; L. 1864, ch. 8, § 4; L. 1865, ch. 4, § 4.

CASE ANNOTATIONS

1. Issuing of such duplicate bonds does not increase indebtedness. National Bank v. City of St. John, 117 Kan. 339, 342, 230 P. 1038.

2. Section does not include detached coupons. Commerce Trust Co., v. Paulen, 126 Kan. 777, 271 P. 388.


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