62,

1896, and August, 1899. The name of the corporation, as it appears in the body of the bond and in the execution, should be the same. 122, October, 1893. If the name is impressed on the seal, it should agree with that of the execution, though if the latter be correct, a variation in the seal will be immaterial. 31, 300, April, 1889.

580. The bond of a corporation must be signed for it by the officer of the corporation or some other person authorized to do so. If the corporation consists of a certain body of persons, or if such a body be specifically designated in the articles as empowered to authorize such acts as the execution of bonds for the corporation, the authority can not be delegated to other persons. Thus where, under the articles, the power is vested in a board of trustees, it would not be legal for such board to delegate the authority for executing the bond to an executive committee of the board. 29, 307, January, 1889; 39, 475, March, 1890; 56, 278, 308, November, 1892.

581. Where the articles of incorporation do not recognize such a body as an "Executive Committee" of the trustees, regents, &c., as empowered to act for the corporation, but simply devolve the management and control of the corporation upon a board of trustees, &c., a bond executed or authorized to be executed by such a committee will not be accepted as sufficient. In such a case it is the board which should authorize the execution of the obligation. 64, 370, April, 1894; 65, 38, 48, 102, May, 1894; card 3704, February, 1898. Where the articles of incorporation declared that the corporation should consist of and be controlled by certain trustees, but recognized an executive committee, in providing that such committee should, under the direction of the board of trustees, have a “general supervision of the affairs of the college and the property of the corporation," held that such words were not sufficient to empower the executive committee to bind the corporation in so important a matter as the execution of a bond under Sec. 1225, Rev. Sts. 64, 274, March, 1894. The act of incorporation provided for an executive committee whose duties should be prescribed by the by-laws of the board of regents. Such by-laws authorized the committee "to transact all such business as may from time to time be required by the board." Held that a bond executed pursuant to resolution of the committee, without any specific authority or requirement by the board being shown, could not be accepted, but that, if the board could not readily be convened, a personal bond of some individual, with sureties, should be substituted. 64, 327, April, 1894; Card 2687, October, 1896.

So, where the charter of incorporation of a college vested the "full control of the affairs of the college" in a board of trustees, and the board, by vote, devolved upon an executive committee power to “act

for the trustees," held that-even if this delegation were legal-such indefinite action, while authorizing the committee to transact ordinary business, was not sufficient to empower it to exercise the special discretion involved in the execution of a sealed obligation binding the corporation to the United States. 65, 48, May, 1894.

Where the applicant for the issue to it of arms, &c., under Sec. 1225, Rev. Sts. an "Agricultural and Military College"-was not a corporation but a branch or "department" of the State university, a corporation, by which it was governed, held that, not being a legal person, it had not the capacity to enter into a bond, but that the bond should be in the name of the corporation and its execution should be authorized by the board of trustees of the university, or if they could not be assembled for the purpose-that an individual bond should be furnished. 64, 110, March, 1894.

582. Where a board of trustees controlling a corporation, passed a resolution empowering the president of the board "to negotiate and carry on any business which, in his judgment, tended to the welfare of the institution," advised that this resolution was not sufficiently specific to authorize the president to execute an instrument under seal such as the bond required by Sec. 1225, Rev. Sts. 39, 158, March, 1890.

583. A by-law to the effect that in the recess of the board of regents, an executive committee of the board should "have general care of all matters pertaining to the welfare of the university," held not sufficient to empower such committee to enter into so legally formal and binding an engagement as the giving of a bond under Sec. 1225, Rev. Sts. 63, 467, February, 1894.

584. A bond furnished pursuant to the statute by any incorporated college or university should be accompanied by a duly certified copy of the charter or articles of incorporation showing that the institution is a corporation and has power to enter into the obligation. 63, 322, January, 1894; 65, 190, 191, June, 1894. The copy should be authenticated by the certificate of the official who is custodian of the record of the same. 64, 44, February, 1894. Where the copy was certified by a county recorder, not under seal, held that if he had no seal which he could affix, his official character should be certified to by the county official who was the custodian of his election and qualification. 64, 274, March, 1894.

585. Where the bond offered in compliance with the statute purported to be signed by the president of the corporation, it should be shown in connection with the bond that the person so signing had been duly elected such president by the corporation or by a managing body authorized by the articles of incorporation to elect him. 29, 307, January, 1889.

16906-01-11

586. Where the trustees, regents, &c., have, by a resolution or vote of the board, duly authorized their President, or other officer, to execute the bond for the corporation, there should be furnished, with the executed bond, as evidence of the legality of the execution, an extract of the minutes of the proceedings of the board fully setting forth the adopting of the resolution giving the requisite authority; such extract being certified by the secretary, or other proper custodian of the records, under the seal of the corporation, as a true copy of such minutes. The certificate, or affidavit, of the secretary that such a resolution, giving a copy of it, was adopted, is not a sufficient substitute for the record evidence, and where the execution by the president rests only upon such a certificate, the bond will not be accepted. The only proper evidence of the proceedings of a body which keeps a record is the record itself or a transcript duly authenticated by the legal custodian, and where it exists its place cannot be supplied by the mere statement of the secretary or other official of the corporation. 29, 166, 30, 434, 33, 220, 39, 475, 40, 363, 41, 309, 48, 226, January, 1889, to July, 1891; 55, 180, 56, 39, 308, 60, 366, 62, 122, 231, 460, August, 1892, to December, 1893; 63, 322, 408, 64, 117, 276, 304, 65, 102, 190, 406, January to August, 1894; Cards 641, November, 1894; 771, 893, January, 1895; 2260, May, 1896; 2038, August, 1899.

587. Where the college was not incorporated, and therefore could not enter into the bond, and its trustees were merely appointees of certain regents of education in charge of all the public educational institutions of the State, recommended that a personal bond be required. 65, 31, May, 1894.

588. Held that a State university, which, though managed by trustees appointed by the State, was not incorporated, was only a piece of property of the State, having no personal existence or capacity to give a bond. In such case, if the trustees are not incorporated, the bond for arms furnished under the statute will have to be a personal one. 64, 304, April, 1894.

589. Where the university was not an incorporated institution, but property belonging to a Territory, by which it was carried on through trustees, and the legislature had made no provision for a special bond, held that the case was one in which a personal bond should be required. 41, 377, July, 1890; 55, 322, September, 1892. Where such an unincorporated university was the property of a State, held that the State would be the proper principal in the bond. 42, 119, July, 1890. Where a college is not an incorporated institution, a board of trustees charged with its management is not legally authorized to give the bond required by the statute. 40, 468, May, 1890.

590. Sec. 1225, Rev. Sts., as amended by the act of September 26,

1888, c. 1037, prescribes that a bond shall be furnished "in double the value of the property," but does not in terms require that sureties shall be given. Advised therefore that the Secretary of War would be authorized in his discretion to dispense with sureties if he deemed the bond of the principal to be sufficient, and that this discretion might well be exercised in favor of accepting without sureties a bond in which the principal was the city of Philadelphia as trustee for the Girard College Fund. 59, 176, April, 1893.

591. Where the penalty of the bond as offered was twice as great as the sum for which the president was, by resolution of the board, authorized to give bond, held that the bond could not, for this reason, be accepted and that a new bond should be furnished. 35, 82, September, 1889.

592. A form of bond presented for acceptance under the statute, which failed to recite that the college was of a capacity to educate one hundred and fifty male students, the complement required by the act of September 28, 1888, but stated its capacity as extending to the education of eighty only, held defective and not legally acceptable. 65, 48, May, 1894. It should be specifically stated in the bond that the capacity was for the education of 150 male students. 65, 182, June, 1894.

593. The bond offered under the statute should not omit the insurance clause, i. e. should contain a condition to the effect that the obligor shall keep the property duly insured until returned to the United States.1 63, 322, January, 1894.

BOND-Of States, &c., for arms, &c., furnished under statute.

594. The joint resolutions of July 3, 1876, and June 7, 1878, authorizing the Secretary of War to issue arms to certain States and to the Territories, provide that the governor in each case shall "give good and sufficient bond for the return" of the arms, &c., or payment for the same. Held that a bond given, under these statutes, by a governor of a Territory whose legislature had not authorized him to bind the Territory in this manner, could have no further legal effect than as the personal obligation of the governor; that what the statute contemplated was an official bond; and therefore that a governor's bond, given in the absence of special authority devolved upon him by the legislature to bind thereby the Territory, could not legally be accepted by the Secretary of War. XXXVIII, 167, July, 1876; XLI, 467, November, 1878; XLIII, 78, 93, November, 1879; LIII, 36, September,

'The laws and regulations governing the giving of bonds by colleges, &c., under Sec. 1225, Rev. Sts., are set forth in G. O. 70, A. G. O., 1897. But see the further provisions of Sec. 3 of the act of Feb. 26, 1901, amending Sec. 1225, Rev. Sts.

1886. And similarly held of a bond given by the governor of a State, upon an issue of camp and garrison equipage under the joint resolution of June 20, 1878. XXXIX, 656, September, 1878.

595. As the Secretary of War is empowered, in his discretion, to require bonds of disbursing officers of his department, though the same may not be prescribed by statute, so, in the case of the ordnance authorized, by the act of February 8, 1889, c. 116, to be delivered to the national volunteer homes, held that the Secretary of War would properly require that bonds be furnished for the safe-keeping and due return of such ordnance, though no such condition was indicated in the statute. This under his general authority as head of the department entrusted with such property, and in view of the provision of the act that the ordnance shall be delivered "subject to such regulations as he may prescribe." 51, 446, January, 1892.

BOND-Of Surety Company.

596. By Sec. 1191, Rev. Sts., the Secretary of War is empowered to decide upon the sufficiency of the bonds of disbursing officers of the army; the accounting officers of the Treasury having no authority in this regard. Held, therefore, that the Secretary was legally authorized to accept security companies as sureties in such bonds, similarly as in the case of the bonds of contractors with the United States. 118, November, 1891.

50,

597. Under regulations published in G. O. 52 of 1893, as amended, entitled "Regulations and Instructions relating to Bonds of Contractors, Bidders, and Disbursing Officers," the War Department accepts, as surety on the bonds both of contractors and disbursing officers, "any company which is duly incorporated under the laws of the United States, or of any State, and is legally authorized to become such surety." Where a surety company has already on file in the War Department, the papers called for by the regulations, it is not required, in the absence of any change of its status, to re-furnish the same in connection with bonds which it may execute. 60, 41, June, 1893; 63, 127, January, 1894.

598. Held, that a bond of indemnity of a security company might, in the discretion of the Secretary of War, legally be accepted in place of the usual bond, given under Sec. 1225, Rev. Sts. Such acceptance would not per se release the college from its liability as bailee to take extraordinary care in preserving and duly returning the arms, but the instrument should be executed in such form as to leave no question as to such liability continuing. 64, 61, February, 1894.

599. The acceptance of an incorporated surety company as surety