which shall come to his hands by virtue of his said office under and by reason of any law passed during his continuance in office.

TIME WITHIN WHICH OFFICERS MUST QUALIFY.

7. Every person elected or appointed to an office in this State, shall take the oath prescribed by the fifth section of the fourth article of the constitution; and if bond be required of him by law, give his official bond, unless otherwise specially provided, within sixty days after he has been duly declared elected or appointed, or if at the time of his election or appointment he was absent from the State or from the circuit, county or district for which he has been chosen or appointed, within sixty days after he has been notified of his election or appointment; or if no term of the county court or other tribunal in lieu thereof shall be held within sixty days after the election or appointment of an officer required by law to give bond and qualify before such court or tribunal was so declared elected, or after he was notified of his said election or appointment, then at the first term of such court or other tribunal held next thereafter: Provided, however, That the officers elected to any such of fice at the general election of this State, held on the twelfth day of October, one thousand eight hundred and eighty, from whom an official bond is or may be required to be given or approved before or by the county court of any county or other tribunal in lieu thereof, who failed to qualify or give the bond required by law within the said sixty days, or who qualified and gave or executed such bond within the said sixty days, but who was prevented from having said bond approved by reason of no term of the county court of such county or other tribunal in lieu thereof having been held within the said sixty days, may qualify and give such bond or have such bond approved, if sufficient, before the county court of such county, or other tribunal in lieu thereof, within sixty days from the passage of this chapter. And provided further, That the executive officers shall qualify on or before the fourth day of March next, after they are declared elected, or before they exercise the duties of their respective offices, and shall give the bonds required by law before entering upon their said duties, except in case of appointment to vacancies in said offices herein otherwise provided for.

8. The preceding section shall not apply to the cases of officers appointed or elected to fill vacancies. They must qualify within ten days after they are notified of their appoitment or declared elected.

9. If any person elected or appointed to an office fail to qualify within the time prescribed by law, the office shall be deemed vacant.

10. If a person elected or appointed to an office, who is required by law to give an official bond, act in such office before he has filed his official bond according to law, he shall forfeit not less than fifty nor more than one thousand dollars.

OFFICIAL BONDS OF PARTICULAR OFFICERS.

11. Every bond required by law to be approved by the Governor shall be first submitted to the Attorney General for examination; and if he be of opinion that it is in proper form and legally executed, he shall make an endorsement thereon to that effect.

12. The Secretary of State, auditor, treasurer, State superintendent of free schools, and state librarian, shall each give bond, with good security, to be approved by the governor. The bond of the secretary of state shall be in the penalty of ten thousand dollars; that of the auditor in twenty thousand dollars; of the treasurer in twenty-five thousand dollars; of the state superintendent of free schools in three thousand dollars; and of the state librarian in five thousand dollars. The bond of the secretary of state shall be filed in the office of the auditor, and the other bonds mentioned in this section, in the office of the secretary of state.

13. The clerk of the supreme court of appeals, unless he be clerk pro tempore, shall give bond, to be approved by the court, in such penalty, not less than three thousand nor more than ten thousand dollars, as the court shall deem sufficient.

14. Every clerk of a curcuit court shall give bond with good security, to be approved by the curcuit court, or the judge thereof in vacation; and every sheriff, surveyor of land, clerk of a county court, or other tribunal established in lieu thereof, every assessor, notary public, justice of the peace and constables shall give bond with good security, to be approved by the county court, or other tribunal established as aforesaid, of the county in which such officer is to act. The penalty of the bond of the clerk of the circuit court shall not be less than three thousand nor more than ten thousand dollars; of the sheriff not less than twenty thousand nor more than one hundred and fifty thousand dollars; of surveyor of lands not less than one thousand nor more than three thousand dollars; of clerk of the county court or other tribunal established as aforesaid not less than three thousand nor more than ten thousand dollars; of assessor not less than two thousand nor more than five thousand dollars; of a notary public not less than two hundred and fifty nor more than one thousand dollars; of a justice of the peace not less than two thousand nor more than five thousand dollars; and of a constable not less than two thousand nor more than ten thousand dollars.

15. The bond of the clerk of the supreme court of appeals shall be filed in the office of the secretary of state. The bonds to be approved by the curcuit court for any county, or the judge thereof in vacation, shall be filed in the office of the clerk of such circuit court except that the bond of the clerk of the circuit court shall be filed in the office of the clerk of the county court.

16. The bonds to be approved by the county court shall be filed in the office of the clerk of such court, except that the bond of the

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clerk of the county court shall be filed in the office of the clerk of the circuit court.

BOND DISPENSED WITH IN CERTAIN CASES.

17. When a temporary appointment is made or vacancy filled pursuant to sections three and five of chapter four, the official bond may be dispensed with, or the penalty thereof reduced as provided in

those sections.

COPIES TO BE SENT TO AUDITOR.

18. A copy of the official bond of every sheriff, assessor, clerk of the circuit court, clerk of the county court, or other tribunal established in lieu thereof, clerk of the supreme court of appeals, and notary public, shall be sent to the auditor by the officer in whose office the original is filed, within two months after the same is filed in his office. If the officer whose duty it is so to send any such copy, fail to do so within the time specified, he shall forfeit fifty dollars.

RECORD OF BONDS.

19. Every official bond given as aforesaid, every bond taken in judicial proceedings, as aforesaid, (except bonds taken in proceedings before justices,) and every bond executed by any person acting in a fiduciary capacity, including bonds given by commissioners and special commissioners upon the sale of property, shall be recorded by the officer in whose office the same is filed as aforesaid, in a book to be kept by him for that purpose, labeled "Record of Bonds."

NEW BOND MAY BE REQUIRED,

20. The court, board or officer by whom any official bond is required by law to be approved, or the successor of any such officer, may at any time require from any officer by whom such bond may have been given, a new bond, or an additional bond to that already given, to be approved by such court, board or officer, or the successor of such officer. If the officer so required to give a new bond, or to give such additional bond, shall, after being notified of the requirement, fail to comply therewith within the time required, his office shall be deemed vacant, unless the time for giving such new or additional bond be extended or the requirement withdrawn. In case such additional bond be given, the former bond shall remain in force and have the same effect in all respects as if such additional bond had not been required; but in such case the surities in the additional bond shall be jointly liable with those in the former bond for any default of their principal occurring after the approval of such additional bond. This section shall apply to any officer elected on the twelfth day of October, one thousand eight hundred and eighty, who gave bond and qualified before the late county court before the first day of January, one thousand eight hundred and eighty-one, where for any cause the bond so given is deficient, or

the security therein insufficient. And the bonds of all such officers heretofore given, and the action of the county court in approving the same, are hereby legalized and made valid in all cases where such new bond is not required by the county court.

RELIEF OF SURETY ON PETITION.

21. When a surety in an official bond, or his personal representative shall have reason to believe that he, or the estate of his decedent is likely to suffer pecuniary loss in consequence of such suretyship, he may file his petition before the court, board or officer by whom such bond was approved, to be relieved therefrom. The petition shall state the ground upon which his belief is founded, and shall be verified by his affidavit. Upon the filing of such petition. and proof that a notice of the time and place of filing the same has been served upon the principal in such bond at least ten days before the filing thereof, such court, board or officer shall require a new bond to be given. And if any officer, being so required, fail to give a new bond within the time required, his office shall be deemed vacant unless the time for giving such new bond be extended or the requirement be withdrawn.

EFFECT OF NEW BOND WHEN GIVEN AND APPROVED.

22. Upon new bond being given, approved or filed, according to law, in the cases specified in the last two sections, the sureties in the former bond and their estates shall be discharged from all liability for any breach of duty committed by such officer after that time.

VALIDITY OF CERTAIN BONDS.

23. Every bond heretofore given shall be valid though it fail to conform to the provisions of this chapter, if there be no other lawful objections thereto.

JUSTICE TO GIVE BOND OR VACATE HIS OFFICE.

24. Every justice of the peace elected on the twelfth day of October, one thousand eight hundred and eighty, shall, within sixty days after this chapter as amended takes effect, give the bond and seerity required by this chapter, and his failure to do so shall vacate his office.

ACTS REPEALED.

25. All acts and parts of acts coming within the purview of this chapter as amended and inconsistent therewith, are hereby repealed.

CHAPTER XI.

(Acts 1882, p. 212.)

COMPENSATION OF PERSONS IN THE SERVICE OF THE STATE; OFFICE EXPENSES.

ANNUAL SALARIES TO BE PAID BY THE STATE.

1. Each of the officers mentioned in this section shall receive from the State an annual salary as follows: The governor, two thousand

seven hundred dollars; the secretary of state, one thousand dollars; the state superintendent of free schools, one thousand five hundred dollars; the treasurer, one thousand four hundred dollars; the auditor, two thousand dollars; the attorney general, one thousand three hundred dollars; the judges of the supreme court of appeals, two thousand two hundred dollars each; the clerk of said court, one thousand dollars; the judges of the circuit courts, one thousand eight hundred dollars each; the adjutant general and ex-officio state librarian, eleven hundred dollars; the vaccine agents, fifty dollars each; the keeper of the rolls, three hundred dollars besides his compensation as clerk of the house of delegates; the janitor, for himself and assistants, one thousand dollars, and three dollars per day in addition during the sessions of the legislature.

PAY OF ACTING GOVERNOR.

2. Any person acting as governor shall, while so acting, receive the pay of the governor under the preceding section.

CLERK HIRE IN CERTAIN OFFICES.

3. The officers mentioned in this section may, at their discretion, annually expend not exceeding the following sums for necessary clerk hire in their respective offices, that is to say: The governor, one thousand dollars; the secretary of state, one thousand one hundred dollars; the treasurer, one thousand two hundred dollars; the auditor, five thousand six hundred dollars; the attorney general, one thousand dollars, and the state superintendent of free schools, nine hundred dollars.

CONTINGENT EXPENSES OF CERTAIN OFFICES.

4. Such sums of money, as may be indispensably necessary, may be annually expended by the governor, secretary of state, treasurer, auditor, attorney general, state superintendent of free schools and adjutant general, for the contingent expenses of their respective offices, to be approved by the legislature.

WHAT ARE CONTINGENT EXPENSES.

5. The words "contingent expenses," used in the next preceding section, shall include only stationery, blank books, blanks, advertising and all other printing, fuel, lights, postage, express charges, stamps and office furniture.

SALARY AND CONTINGENT, AND OTHER EXPENSES OF THE OFFICE OF STATE SUPERINTENDENT OF FREE SCHOOLS TO BE DEDUCTED FROM DISTRIBUTABLE SCHOOL FUND.

6. The salary of the state superintendent of free schools, the contingent expenses of his office as provided in the fourth section of this chapter, and the expenses allowed him by section sixty-three of chapter forty-five of this code, shall be charged to the fund applicable annually to the support of free schools, and be deducted therefrom before distribution thereof is made.

MILEAGE OF JUDGES.

7. The judges of the supreme court of appeals, and circuit courts