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so presented for payment or redemption within four years next after the time Limitation of mentioned in such notices for the presentation thereof, then the same shall be deemed

to be satisfied and paid, and no action shall be maintained thereon.

actions.

445. SEO. 3. That upon such bond, or other obligation, or contract, being paid or Cancelation. redeemed, the officer paying or redeeming the same shall cancel the same, by writing the cancelation, signed by him, across the face thereof, and the same, after being registered, shall be destroyed, under the direction of the board of supervisors of the county, or of the city government of the city interested therein, except in case where other provision is specially made for the preservation or destruction of such bonds, or other obligations, or contracts.

bond hiders.

446. SEC. 4. The provisions of sections one and two of this act shall not apply Non-resident to bonds held and owned by persons residing out of this State, until the expiration of six months from and after the time mentioned in said notice.

SEO. 5. This act shall take effect and be in force from and after its passage.

Bonds of Officers.

An Act concerning the official bonds of officers.

Passed February 28, 1850, 74.

447. SECTION 1. The official bonds of officers shall be approved and filed as follows, Approval, filing, to wit: The official bond of the secretary of State shall be approved by the governor, and recording and filed and recorded in the office of the county clerk of the county in which the seat of government is fixed; the official bond of the attorney general, surveyor general, controller, treasurer, State printer, and clerk of the supreme court shall be approved by the governor, filed and recorded in the office of the secretary of State; the official bond of each district attorney shall be approved by the judge of the district, filed and recorded in the office of the county clerk of any one of the counties in the district which may be designated by said judge; the official bonds of sheriffs, coroners, justices of the peace, and all other county officers shall be approved by the county judge, filed and recorded in the office of the county clerk of their respective counties; the official bonds of county clerks shall be approved by the county judge and filed and recorded in the office of the county recorder.

448. SEC. 2. The approval of every official bond shall be indorsed thereon, and Indorsement of approval. signed by the court or officer approving the same. 1 Cal. 519.

449. SEC. 3. No officer, with whom any official bond is required to be filed, shall Approval file and take charge of such bond until approved as prescribed by law.

required before filing.

bond.

450. SEO. 4. If any person, elected or appointed to any office, shall perform any of Penalty for the duties thereof without having executed and filed in the proper office any bond acting without required of him by law, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one thousand dollars, and his office be declared vacant.

bonds.

451. SEC. 5. It shall be the duty of every officer, with whom said bonds shall be Custody of filed, carefully to record, keep, and preserve the same, and give certified copies thereof, sealed with the seal of his office, to any person demanding the same, upon being paid Certified copies. the same fees as are allowed by law for certified copies of papers in other cases.

452. SEC. 6. All official bonds required by law of officers, shall be in form, joint Form of bonds. and several, and made payable to the State of California, in such penalty, and with 17 Cal. 500. such conditions as shall be required by law.

21 Cal. 585.

5 Cal. 106.

453. SEC. 7. Every official bond, executed by any officer pursuant to law, shall be Force and oblideemed and taken to be in force, and obligatory upon the principal and sureties gation of bonds. therein, for any and all breaches of the condition or conditions thereof, committed during the time such officer shall continue to discharge any of the duties, or hold such office.

454. SE. 8. Every such bond shall be deemed to be in force, and obligatory upon Duties required the principal and sureties therein, for the faithful discharge of all duties which may by subsequent be required of such officer by any law enacted subsequently to the execution of such 9 Cal. 236. bond, and such condition shall be expressed therein.

acts.

455. SEC. 9. Every official bond, executed by any officer pursuant to law, shall be suits on bonds. in force, and obligatory upon the principal and sureties therein, to and for the State 9 Cal. 71.

of California, and to and for the use and benefit of all persons who may be injured or

Suits until

whole penalty exhausted.

11 Cal. 215.

Defects in bonds or in approval or filing. 6 Cal. 635.

9 Cal. 286.

21 Cal. 585.

Certified copy evidenee.

Bonds of officers created hereafter.

Insufficiency of surety.

Citation.

Failure to appear.

Further bond.

Insufficiency of bond of clerk of

supreme court,

or district attorney.

Attorney general, surveyor general, controlfer, treasurer or S'ate printer. Proviso.

Failure to file new bond, office deemed vacant.

Form of additional bond.

aggrieved by the wrongful act or default of such officer in his official capacity; and
any person, so injured or aggrieved, may bring suit on such bond, in his own name,
withont an assignment thereof.

456. SEC. 10. Any such bond shall not be void on the first recovery of a judgment thereon; but suit or suits may be afterwards brought on said bonds, from time to time, and judgment recovered thereon by the State of California, or by any person to whom a right of action may have accrued against such officer and his sureties on said bond, until the whole penalty of said bond shall be exhausted.

457. SEC. 11. Whenever any such official bond shall not contain the substantial matter, or condition or conditions required by law, or there shall be any defects in the approval or filing thereof, such bond shall not be void so as to discharge such officer and his sureties, but they shall be equitably bound to the State or party interested, and the State or such party may, by action instituted as other suits on official bonds, in any court of competent jurisdiction, suggest the defect of such bond or such approval or filing, and recover his proper and equitable demand or damages from such officer and the person or persons who intended to become and were included as sureties in such bond.

458. SEC. 12. A copy of any official bond, certified to be correct by the officer having the custody thereof, shall be received as evidence in all courts in this State, in like manner as the original.

459. SEC. 13. All the provisions and requirements of this act shall apply to the official bond of any officer whose office shall be established hereafter, unless the contrary shall be expressly provided.

460. SEC. 14. Whenever the sureties, or any one of them, in the official bond of any county clerk, sheriff, coroner, justice of the peace, or other county officer, shall remove without the State, become insolvent, or insufficient, or the penalty of such bond shall become insufficient, on account of recoveries had thereon, or otherwise, it shall be the duty of the county judge of the proper county, of his own motion, or on the showing of any person supported by an affidavit, to summon any such officer to appear before him, at a time stated, not less than three days after the service of such summons, and show cause why he should not execute an additional official bond, with good and sufficent surety or sureties.

461. SEC. 15. Should such officer, after due notice, fail to appear at the time appointed, the matter may be heard and determined in his absence; if said judge shall be of opinion, after examination, that the bond of such officer has become insufficient from any of the causes enumerated in the preceding section of this act, he shall require a further bond, with such security as may be deemed necessary, to be executed and filed within such time as he may order.

462. SEC. 16. Whenever the official bond of the clerk of the supreme court or of any district attorney shall become insufficient from any of the causes enumerated in the fourteenth section of this act, the like proceedings may be had before the supreme court in reference to the clerk thereof, and before the district court in reference to the district attorney thereof; and whenever the official bond of the attorney general, surveyor general, controller, treasurer, or State printer, shall become insufficient from any of the said causes, the like proceeding may be had before the district court for the county in which the seat of government is located: Provided, that such proceedings shall be commenced by motion of any person made in open court and supported by affidavit, or as to the official bond of said clerk of the supreme court, district attorney, surveyor general, controller, treasurer, or State printer, upon the relation of the attorney general.

463. SEC. 17. If any officer, when required so to do, shall fail to file a new bond, his office shall be deemed vacant.

464. SEC. 18. Such additional bond shall be in such penalty as shall be directed by the court, and shall be in all other respects similar to the original bond, and shall be approved before and filed with the same officer as required in case of the approval Force and obli- and filing of such original bond. Every such additional bond, filed and approved as gation.

Original bond in force.

aforesaid, shall be of like force and obligation upon the principal and sureties therein
from the time of its execution, and shall subject the officer and his sureties to the same
liabilities, suits, and actions as are prescribed respecting the original bonds of officers.
465. SEC. 19. In no case provided in the preceding sections of this act shall the
original be discharged or affected when additional bond has been given, as herein
required, but the same shall remain of like force and obligation as if such additional
bond had not been given.

C

3

officers and

sureties.

466. SEC. 20. Such officer and his sureties shall be liable to any party injured or Liability of aggrieved by any breach or breaches of any condition or conditions of any such official bond, after the execution of such additional bond, upon either or both of said bonds, and such party may bring his action in such case upon either bond, or he may bring separate actions on said bonds respectively, and may assign the cause or causes of action, and recover judgment therefor in each suit.

467. SEC. 21. If separate judgments shall be recovered on said bonds by such party Separate judgments. for the same cause or causes of action, he shall be entitled to have execution issued on such judgments respectively, but he shall only collect, by execution or otherwise, the amount actually adjudged to him on such like cause or causes of action, in one of said suits, together with the costs of both suits.

between

468. SEC. 22. Whenever the sureties in either bond shall have been compelled to Contribution pay any sum of money on account of the principal obligor therein, they shall be enti- sureties. tled to recover in any court of competent jurisdiction, of the sureties in the remaining bond, a distributive part of the sum thus paid, in the proportion which the penalties of such bonds bear one to the other, and to the sums thus paid respectively.

469. SEC. 23. Whenever any sureties for any officer wish to be discharged from Discharge of their liability, they and such officer may procure the same to be done, if such officer Bureties. will file a new bond, with sufficient sureties, in like form and penalty and with like conditions as the original bond of said officer, to be approved and filed as such original bond. Upon the filing and approval of such new bond such first sureties shall be exonerated from all further liability, but their bond shall remain in full force as to all liabilities incurred previous to the approval of such new bond. The liability of the sureties in such new bond shall in all respects be the same, and may be enforced in like manner as the liability of the sureties in the original bond.

470. SEC. 24. Unless otherwise expressly provided, there shall be at least two sure- Two sureties at ties upon the official bond of every officer.

SEO. 25. This act shall be in force from and after its passage.

An Act to provide for security to be given by county officers acting under appointments, etc.(")

Approved May 17, 1853, 196.

least.

vacancies.

471. SECTION 1. Upon the appointment of any person to fill a vacancy in office, Bonds of ap before entering upon the duties of the office, the person so appointed shall give a bond pointees to corresponding in substance and form with the bond required of the same officer when originally elected or appointed, to be approved by the court or officer making the appointment.

An Act concerning sureties on official bonds.

Approved May 18, 1858, 223,

sureties.

472. SECTION 1. Whenever it shall be shown, by affidavit of a credible witness, duly Insufficiency of filed, or presented to any court, judge, board, officer, or person whose duty it is to al. 432. approve the official bond of any officer, that the sureties thereon, or any of them, 10 Cal. 346. have, since such bond was approved, died, removed from the State, become insolvent, or from any other cause have become incompetent or insufficient sureties on such official bond, it shall be the duty of such court, judge, board, officer, or person, to issue a citation to such officer, requiring such officer, on a day therein named, not less Citation. than three nor more than ten days after date, to appear and show cause why such office shall not be vacated, which citation shall be served, and return thereof made, as in other cases. If said officer shall fail to appear and show good cause why such office should not be vacated, on the day named, or shall fail to give ample additional Additional surety, it shall be the duty of such court, judge, board, officer, or person, to make an surety. order vacating such office, and the same shall be filled by election or appointment, as provided for by law.

473. SEC. 2. Any surety on the official bond of a city, county, or State officer, may Release of be relieved from liabilities thereon afterwards accruing, by complying with the fol- sureties from liability. lowing provisions of this act. 11 Cal. 215.

7 Cal. 436.

474. SEC. 3. Such surety shall file with the court, judge, board, officer, person or Statement in persons authorized by law to approve such official bond, a statement in writing, set- writing. ting forth the desire of said surety to be relieved from all liabilities thereon afterwards arising, and the reasons therefor, which statement shall be subscribed and verified by the affidavit of the party filing the same.

475. SEC. 4. A copy of the statement shall be served on the officer named in such Service of stateofficial bond, and due return or affidavit of service made thereof, as in other cases.

ment.

(*) The remainder of the title is "and to amend the fifty-fifth The act contained a second section, making the amendment Bection of the act concerning sheriffs, passed April 29, 1851." which refers to vacancies in the office of sheriff.

476. SEO. 5. In ten days after the service of such notice, the court, judge, board, unless new bond officer, person, or persons, with whom the same may be filed, shall make an order

Office to be declared vacant

given.

Sureties liable

for acts previous to order.

Executors, administrators and guardians.

Amount to be fixed by board of supervisors.

Justification of
Bureties.

Resident, and freeholder or householder.

Worth of sureties.

Proviso.

Further justifi

cation.

Sureties for less than penal sum.

declaring such office vacant, and releasing such surety from all liability thereafter, to arise on such official bond, and such office shall thereafter be held in law as vacant, and be immediately filled by election or appointment as provided for by law, as in other cases of vacancy of such office, unless such officer shall have, before that time, given good and ample surety for the discharge of all his official duties as required originally.

477. SEC. 6. This act shall not be so construed as to release any surety from damages, or liabilities for acts, omissions, or causes existing, or which arose before the making of such order as aforesaid, but such legal proceedings may be had therefor in all respects as though no order had been made under the provisions of this act.

478. SEO. 7. Executors, administrators, and guardians, shall be held as county officers within the provisions of this act.

An Act concerning the official bonds of justices of the peace in the first judicial district.
Approved March 31, 1857, 154.

479. SECTION 1. In the counties of the first judicial district of this State, except in
the Cities of San Diego, Los Angeles, and San Bernardino, each justice of the peace
shall execute a bond to the people of the State, in such sum as shall be determined by
the board of supervisors, respectively, of said counties, conditioned for the faithful
performance of his duties, and file the same with the clerks of said board.
An Act concerning official and other bonds.

Approved April 2, 1857, 167.

480. SECTION 1. In all cases where official bonds are required, or may be hereafter required, from State or county officers, the officer or officers whose duty it is or may be to approve such bonds, shall not accept or approve any such bonds, unless each of the sureties shall severally justify, before an officer authorized to administer oaths, as follows:

First. On a bond given by a State officer, that such surety is a resident and freeholder or householder within this State; and on a bond given by a county officer, that such surety is a resident and freeholder, or householder, within such county, or within an adjoining county.

Second. That such surety is worth the amount for which he becomes surety, over and above all his debts and liabilities, in unincumbered property, situated within this State, which may be levied upon, and is not exempt from execution and forced sale; provided, that the county judge of each and any county in this State may, at any time, upon his own or any other motion, call, by written notice to that effect, upon any one or more of the sureties upon the official bond of any of the county officers of his county, for a further justification of his or their responsibility, notwithstanding any former justification thereof, and notwithstanding any approval of such bond or bonds; and such proceedings shall, or may thereupon, be had as are provided in section one of an act, approved May eighteenth, eighteen hundred and fifty-three, entitled an act concerning sureties on official bonds. [Amendment, approved March 4, 1859, 71.

481. SEC. 2. When the penal sum of any bond hereafter to be given, amounts to more than one thousand dollars, the sureties may become severally liable for portions not less than five hundred dollars of such penal sum, making in the aggregate at least two sureties, for the whole penal sum. And if any such bond shall become forfeited, an action may be brought thereon, against all or any number of the obligors, and judgment be entered against the obligors, either jointly or severally, as they may be liable; provided, that judgment shall not be entered against a surety severally bound, for a greater sum than that for which he is specifically liable by the terms of said Contribution be- bond. Each surety shall be liable to contribution to his co-sureties, in proportion to tween co-sureties. the amount for which he is liable.

Proviso.

Bonds of trustees, receivers, assignees and court officers.

Actions for benefit of State.

482. SEC. 3. All bonds or undertakings given by trustees, receivers, assignees, or
officers of a court, in an action or proceeding, for the faithful discharge of their
duties, where it is not otherwise provided by law, shall be in the name of, and payable
to, the people of the State of California; and upon the order of the court where
such action or proceeding is pending, may be prosecuted for the benefit of any and all
persons interested therein.

An Act in relation to suits brought on bonds and obligations in favor of the State.
Approved April 2, 1857, 173.

483. SECTION 1. When an action is commenced in any court in this State for the
benefit of the same, to enforce the penalty of, or to recover money upon an official
80

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defendants.

bond or obligation, or any bond or obligation executed in favor of the State of California, or of the people of this State, the attorney, or other person prosecuting the action, may file with the court, in which the action is commenced, an affidavit stating Affidavit. either positively, or on information and belief, that such bond or obligation was executed by the defendant, or one or more of the defendants, (designating by whom), Real estate of and made payable to the people of the State of California, and that the defendant or defendants have real estate, or interest in lands, designating the county or counties in which the same is situated, and that the action is prosecuted for the benefit of the State, and thereupon, the clerk receiving such affidavit shall certify to the recorder Certificate to of the county or counties in which such real estate is situated, the names of the parties to the action, the name of the court in which the action is pending, and the amount claimed in the complaint, with the date of the commencement of the suit.

recorder.

484. SEC. 2. Upon receiving such certificate, the county recorder shall indorse Quasi lis upon it the time of its reception, and such certificate shall be filed and recorded in the pendens. same manner as notices of the pendency of an action affecting real estate, and any judgment recovered in an action specified in the first section of this act shall be a lien upon all real estate situated in any county in which such certificate is so filed belong- Judgment lien. ing to the defendant, or to one or more of such defendants, and shall bind such real estate for the amount that the owner thereof is or may be liable, upon the judg

ment, from the filing of the certificate; and the fees due the clerk and recorder for Fees of clerk and the services required by this act, shall be a charge against the county where the suit recorder. is brought, to be recovered like other costs.

An Act concerning official bonds of justices of the peace and constables of the counties of this State.

Approved, March 29, 1858, 100.

485. SECTION 1. From and after the passage of this act, the amount of the official Amount to be fixed by board bonds of justices of the peace and constables, shall be fixed by the board of super- of supervisors. visors of the several counties of this State.

SEC. 2. All laws and parts of laws, so far as the same conflict or are inconsistent with this act, are hereby repealed.

Boundaries of State.

486. [The boundaries of the State are described in general terms in article 12 of the constitution. The following are references to special acts relating to the subject:

Providing for survey of northern boundary of State, 1854, 140.

Supplying deficiency in appropriation to provide for survey of northern boundary, 1855, 108.
Authorizing governor in conjunction with United States to run and mark boundary lines be-
tween Territories and State, 1859, 313; 1860, 185.

To define and establish portion of eastern boundary of State, 1860, 184; 1861, 74.
Providing commissioner to co-operate with one appointed on behalf of United States to ascer-
tain and mark portion of eastern boundary of State, 1861, 73.

In relation to commission appointed on behalf of State to run and mark eastern boundary line
of State, 1861, 587.

Providing for surveying and establishing eastern boundary of State, 1863, 617.

Resolution in regard to extending eastern boundary, 1863, 796.

Relating to establishment of eastern boundary of State, 1863-4, 506.]

BUENA VISTA (UNORGANIZED) COUNTY.

487. [An Act to organize the County of Buena Vista (out of the southern portion of Tulare
County), 1855, 203; 1856, 96.

An Act to extend the provisions of the act of 1855, 1858, 36.
The County of Buena Vista was never organized.]

Butte County.

REFERENCES TO SPECIAL AND LOCAL ACTS.

488. Boundaries, 1850, 62; 1851, 177; 1853, 53; 1854, 8; 1856, 118, 124. 222; 1857, 25, 109; 1859, 359; 1860, 115; 1861, 167. Seat of justice, 1850, 62; 1851, 177; 1833, 53; 1856, 87; 1857, 120. Organizing Plumas County, 1854, 8.

Giving jurisdiction to courts in Plumas County in certain cases, 1854, 232.

Fixing times of holding county court, court of sessions, and pro

bate court, 1855, 8; 1858, 46.

Changing and fixing county seat, 1856, 37.

859; 1869, 492.

Creating Tehama County, 1856, 118, 222; 1857, 25, 109; 1859,
Altering and defining boundary lines of Colusa County, 1856,

124

Separating office of collector of taxes from office of sherif
1857, 61.

Incorporating town of Oroville, 1857, 77; 1858, 220; 1859, 82.
Providing for indigent sick, 1857, 72,
To locate county seat, 1857, 120.
Separating office of county recorder from office of county clerk.
1857, 127.

Fixing compensation of supervisors, 1857. 239; 1858, 109.

Providing for construction of wagon road from Oroville to pro posed National Wagon Road, &c., 1857, 291.

Extending time for collection of taxes for 1557, 1858, 62. Authorizing and empowering county recorder to make certified copies of certain records, &o., 1858, 108.

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