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AN ACT concerning the Official Bonds of Officers.—[Passed Febru
ary 28, 1850.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
bonds to be ap
Section 1. The official bonds of officers shall be approved and filed Ilow oficial as follows, to wit: The official bond of the Secretary of State shall be proved and filed. approved by the Governor, and filed and recorded in the office of the County Clerk of the county in which the seat of government is fixed; (1) the official bond of the Attorney General, Surveyor General, Comptroller, 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; (2) 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. Sec. 2. The approval of every official bond shall be endorsed Approval to be
endorsed, etc. thereon, and signed by the court or officer approving the same.
Sec. 3. No officer, with whom any official bond is required to be Bond not to be filed, shall file and take charge of such bond until approved as pre- proved. scribed by law. Sec. 4. If any person, elected or appointed to any office, shall
Penalty for enform any
of the duties thereof without having executed and filed in of office without the
proper office any bond required of him by law, he shall be deemed filing bond. guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one thousand dollars, and his office be declared
filed until ap
tering on duties
Sec. 5. It shall be the duty of every officer, with whom said bonds Officers with shall be filed, carefully to record, keep, and preserve the same, and filed to preserve
(1) See page 77, Sec. 2. (2) See Stat. 1851, page 187, Sec. 2.
same and give certified copies.
Form of official bonds.
force of official bonds.
enacted laws to
Suit may be
give certified copies thereof, sealed with the seal of his office, to any person demanding the same, upon being paid the same fees as are allowed by law for certified copies of papers in other cases.
Sec. 6. All official bonds, required by law of officers, shall be in form, joint and several, and made payable to the State of California,
in such penalty, and with such conditions as shall be required by law. Continuance in
Sec. 7. Every official bond, executed by any officer pursuant to law, shall be deemed and taken to be in force, and obligatory upon the principal and sureties 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. Subsequently
Sec. 8. Every such bond shall be deemed to be in force, and obliapply to such
gatory upon the principal and sureties therein, for the faithful disbonds.
charge of all duties which may be required of such officer by any law enacted subsequently to the execution of such bond, and such condition shall be expressed therein.
Sec. 9. Every official bond, executed by any officer pursuant to brought on such bond by persons law, shall be in force, and obligatory upon the principal and sureties out any assign- therein, to and for the state of California, and to and for the use and ment being made
benefit of all persons who may be injured or aggrieved by the wrong. ful 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, without an assignment thereof.
Sec. 10. Any such bond shall not be void on the first recovery of brought on such
a judgment thereon; but suit or suits may be afterwards brought on whole penalty
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. Defects in filling Sec. 11. Whenever any such official bond shall not contain the bond not to ren- 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. Certified copy of Sec. 12. A copy of any official bond, certified to be correct by the
Suits may be
or approval of
der same void.
moned to show cause why adui.
should not be
officer having the custody thereof, shall be received as evidence in all bond receivable
as evidence. courts in this state, in like manner as the original.
Sec. 13. All the provisions and requirements of this act shall This act to apply apply to the official bond of any officer whose office shall be estab- officers after
created. lished hereafter, unless the contrary shall be expressly provided.
Sec. 14. Whenever the sureties, or any one of them, in the official Certain officers bond of any county Clerk, Sheriff, Coroner, Justice of the Peace, or other county officer, shall remove without the state, become insolvent, tional bonds or insufficient, or the penalty of such bond shall become insufficient, given. 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 service of such summons, and show cause why he should not execute an additional official bond, with good and sufficient Eurety or sureties.
Sec. 15. Should such officer, after due notice, fail to appear at the Officer failing to time appointed, the matter may be heard and determined in his ab- may be inquired sence; if said judge shall be of opinion, after examination, that the sence, and addibond of such officer has become insufficient from any
of the causes
ordered. 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
order. Sec. 16. Whenever the official bond of the Clerk of the Supreme Oficial bonds of Court or of any District Attorney shall become insufficient from any Court and District
Attorneys. 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, Comptroller, Treasurer, or Attorney General,
Surveyor General, State Printer shall become insufficient from any of the said causes, the like proceeding may be had before the District Court for the State Printer. 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 Attorneys, Surveyor General, Comptroller, Treasurer, or State Printer, upon the relation of the Attorney General.
Sec. 17. If any officer, when required so to do, shall fail to file a Failing to file a new bond, his office shall be deemed vacant.
required. Sec. 18. Such additional bond shall be in such penalty as shall be Form of addi.
Comptroller, Treasurer, or
Additional bond not to discharge original.
Officer and sureties liable on both bonds.
ments on both
directed by the court, and shall be in all other respects similar to the original bond, and shall be appproved before and filed with the same officer as required in case of the approval and filing of such original bond. Every such additional bond, filed and approved as 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.
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.
Sec. 20. Such officer and his sureties shall be liable to any party injured or 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. Separate judg
Sec. 2). If separate judgments shall be recovered on said bonds bonds.
by such party 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. One gurety may Sec. 22. Whenever the sureties in either bond shall have been tion for the other. compelled to pay any sum of money on account of the principal
obligor therein, they shall be entitled 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. Discharge of
Sec. 23. Whenever any sureties for any officer wish to be discharged from their liability, they and such officer may procure the same to be done, if such officer 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. Sec. 24. Unless otherwise expressly provided, there shall be at Number of
sureties. least two sureties upon the official bond of every officer.
Sec. 25. This act shall be in force from and after its passage.
Commencement of act.
AN ACT to provide for the Incorporation of Cities.- [Passed March
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Section 1. Any city in this state, having a population of more What cities may than two thousand persons, may be incorporated according to the provisions of this act, either by the legislature, or by the County Court, upon application. Sec. 2. When any city is incorporated by a special act of the leg- Cities incorpor
ated by special islature, such act may simply define the boundaries of the city, and acts. declare it incorporated, in which case it shall be deemed incorporated according to the provisions of this act; or may declare it incorporated under the same, with such changes as may be specially named.
Sec. 3. Whenever a majority of the inhabitants of any town or Proceedings to village, within the state, who shall be qualified electors, and shall incorporation. have resided in such town or village thirty days, shall present a petition to the County Court of the county in which such town or village is situated, setting forth the metes and boundaries of their town and commons, with a plot of the same, and praying that they may be incorporated under the provisions of this act, and the court shall be satisfied that the population of such town or village exceeds two thousand, and that a majority of the qualified electors thereof have signed the petition, the court shall declare such town or village incorporated as a city, by the name stated in the petition.
Sec. 4. The order of incorporation shall designate the metes and What order is to bounds of the city, which shall in no case include an area of more than four square miles. The order, together with the petition and Order, petition, town plot, shall be entered on the records of the court, and thence- be entered in forth, the inhabitants within such bounds shall be incorporated in like manner as if specially named in this act.
records of court.