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Unless otherwise provided, there shall be at least two suretics, upon the official bond of every officer.’ 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 bond. Each surety shall be liable to contribution to his co-sureties, in proportion to the amount for which he is liable.” The approval of every official bond shall be endorsed thereon, and signed by the court or officer approving the same.’ No officer with whom any official bond is required to be filed, shall file and take charge of such bond until approved as prescribed by law.” If any person, elected or appointed to any office, shall perform any of the duties thereof without having executed and filed in the proper office any bond 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.” 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 of, or hold such office; and for the faithful discharge 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; to and for the state of California, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capa. city; and any person, so injured or aggrieved, may bring suit on such bond, in his own name, without an assignment thereof." Any such bond shall not be void on the first recovery of a judgment thereon; but suit or suits may be afterward 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 such bond shall be exhausted.” 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 interest. ed; and suit may be brought, the defect being suggested and the parties held responsible.” 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.” New or additional bonds may be required, whenever sureties become insolvent or remove from the state, or from other cause such further bond becomes necessary, also when the sureties wish to be discharged, and a failure to file such new or additional bond when legally required, vacates the office. The discharge of any surety, releases him only as to liability to be incurred after the discharge." All public officers are prohibited from dealing directly or indirectly in scrip-warrants, and all other evidences of indebtedness (except the same be funded) against the state, or any county, city or town, unless it be such warrants, scrip, &c., as they may have received for their services. This prohibition however applies to state officers, only as to state indebtedness; and to county and city officers, only as to the indebtednes of the respective counties
1 Wood's Dig. art, 228. * id. 206-214. * id. 235.
or cities they represent. The offence is made a misdemeanor, punishable by fine and imprisonment, forfeiture of office, and dis. qualification for any other office.'
Provision is also made for the punishment of officers for extortion, or for refusing or neglecting to perform any lawful official act.”
The statute also forbids officers from being directly or indi. rectly interested in any public purchase, or any public contracts made by the corporation or body of which he is a member, or in any purchase made in the department under which he is appointed to serve.”
I do o sor affirm], that I will support the con: stitution of the United States, and the constitution of the state of California, and that I will faithfully discharge the duties of [give the title of the office] according to the best of my o
Sworn and subscribed, this first day of January, 1859, before me, M. C. BLARE, County Judge of the City and County of San Francisco.
General Form of an Official Bond.
Know all men by these presents, that we, A. B., as principal, and C. D., and E. F., of, &c. as sureties, are held and firmly bound unto the state of California [or, the officer, or officers, to whom the bond is to be given], in the penal sum of dollars, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents.
Sealed with our seals, and dated the day of A. T). 1859.
Whereas, the above bounden A. B. has been appointed [or, elected] to the office of [give the title of the office]: Now, there: fore, the condition, of the above obligation is such, that if the said A. B. shall well and truly, and faithfully perform and execute the duties of [title of the office, or, his trust], according to law, and according to the requirements of any law to be here: after enacted, then the above obligation to be void; else to remain in full force. Signed and sealed in A. B. [L. s.] presence of G. H. C. D. [L. s.] E. F. [L. s.]
1 Wood's Dig. art. 2885–2889. * id. 2894, 2895. 2 id. 2890, 2891.
Official Bond for County of San Francisco.
Whereas, A. B., at the general election held on the first day of September, 1858, was elected to the office of public administrator, in and for the city and county of San Francisco, state of California, and whereas the said A. }. is required by law to file an official bond previous to entering upon the duties of said office, and whereas the amount of such bond has been fixed at fifty thousand dollars. Now, therefore, know all men by these presents, that we, A. B., of the city and county of San Francisco, as principal, and C. D. and E. F., residents and freeholders of the said i. and county, as sureties, are jointly and severally bound and indebted unto the state of California, in the sum of thirty thousand dollars, a portion of the said sum of fifty thousand dollars. And we, the said A. B., of the said city and county, as principal, and G. H. and J. K., residents and householders of the said city and county, as sureties, are jointly and severally held, and bound, and indebted unto the state of California in the sum of ten thousand dollars, a portion of the said sum of fifty thousand dollars. And we, the said A. B., of the said city and county, as princi}. and L. M., resident and freeholder, and N. O., resident and ouseholder of the said city and county, as sureties, are jointly and severally held, and bound, and indebted unto the state of California, in the sum of five thousand dollars, a portion of the said sum of fifty thousand dollars. And we, the said A. B., of the said city and county, as principal, and P. Q., resident and householder, and R. S., resident and freeholder of the said city and county, as sureties, are jointly and severally held, and bound, and indebted unto the state of California, in the sum of five thousand dollars, a portion of the said sum of fifty thousand dollars, lawful money of the United States of America, for the payment of which several sums of money well and truly to be made, the parties jointly and severally indebted herein as aforesaid, jointly and severally bind io. their heirs, executors and o firmly by these presents, sealed with our seals, and dated this fifteenth day of September, in the year of our Lord one thousand eight hundred and fiftyIllne. The condition of this obligation is such, that if the above bounden A. B. shall well, truly and faithfully perform and execute the duties of public administrator of the city and county of San Francisco, as required by law, as well those which may be required of him ". any law now existing, as those which may be required by any law enacted subsequently to the execution of this bond, then this obligation to be void, otherwise to be and remain in full force and effect.
Signed and sealed in presence of E. W. BURR.
Affidavit of Justification upon the foregoing Bond.
State of California,
City and County of San Francisco. § D., E. F., G. H., J. K., L. M., N. O., P. Q., and R. S., be: ing duly sworn, each for himself, doth depose and say, that he is a resident and freeholder or householder in the said city and county of San Francisco, and that he is worth the amount for which he becomes liable as surety on the foregoing bond, 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, and above all sums for which he is already liable, or in any manner bound, whether as principal, or endorser, or surety, or whether such prior obligation or liability be conditional or absolute, liquidated or unliquidated, certain or contingent, due or to become due, in fixed property, including mortgages, situate in said city and county, and that he is not a banker doing business in said city and county, nor any such banker's partner, clerk, employee, agent, attorney, father,
son or brother. -
by C. D., E. F., G. H. and P. Q.
WILLIAM DUER, County Clerk.