Bonds of county and township officers, approval, recording. NOTE. In the case of The People vs. Kneeland, 31 Cal., p. 291, it was held by Justice Rhodes and Chief Justice Currey that the approval and filing for record of an official bond is essential. The Court say: "Without approval, the bond cannot be admitted to record in the proper office. The filing, to be effectual as a delivery, must be preceded by the approval." See, also, People vs. Breyfogle, 17 Cal., p. 504; Miller vs. Bd. Sup. Sac. Co., 25 Cal., p. 93; People vs. Evans, 29 Cal., p. 429. * 950. Unless otherwise prescribed by statute, the official bonds of county and township officers must be filing, and approved by the County Judge, recorded in the office of the County Recorder, and then filed in the County Clerk's office. Record of official bond. Approval must be indorsed on bond. Bond not to be filed before approval. Condition of bond. NOTE.-See notes preceding to Secs. 947, 949, ante. 951. Official bonds must be recorded in a book kept for that purpose, and entitled "Record of Official Bonds." 952. The approval of every official bond must be indorsed thereon and signed by the officer approving the same. 953. No officer with whom any official bond is required to be filed must file such bond until approved. NOTE.-See note to Sec. 949, ante. All official bonds are provided for by law, and it was held in the case of Sacramento Co. vs. Bird, 31 Cal., p. 73, that the execution of such "bond, proper in form and substance, if signed and sealed by the obligors, and approved by the proper officer, and filed in the office appointed by law, it is both executed and delivered to the people of the State of California." 954. The condition of an official bond must be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and also all such additional duties as may be imposed on him by any law of the State of California. Such bond must be signed by the principal and at least two sureties. cation of 955. The officer whose duty it is to approve official Justifibonds required of State, county, or township officers, sureties. must not accept or approve any such bond unless each of the sureties severally justify, before an officer authorized to administer oaths, as follows: 1. 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 or township. officer-that such surety is a resident and freeholder or householder within such county or within an adjoining county; 2. 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, exclusive of property exempt from execution and forced sale. NOTE.-Stats. 1857, p. 167, Sec. 1. An informal justification does not render the bond void-that is to say, the use of the word just before debts is not such a variance from the statutory requirement as to make it void.-Dorsey vs. Smyth, 28 Cal., p. 21. 956. When the penal sum of any bond required to be given amounts to more than one thousand dollars, the sureties may become severally liable for portions of not less than five hundred dollars thereof, making in the aggregate at least two sureties for the whole penal sum. And if any such bond becomes forfeited, an action may be brought thereon against all or any number of the obligors, and judgment entered against them, either jointly or severally, as they may be liable. The judgment must not be entered against a surety severally bound for a greater sum than that for which he is specifically liable by the terms of the bond. Each surety is liable to contribution to his co Sureties than the for less penal sum. Custody of official bonds. Form of bonds. Construction of bonds. sureties in proportion to the amount for which he is liable. 957. Every officer with whom official bonds are filed must carefully keep and preserve the same, and give certified copies thereof 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. 958. All official bonds must be in form joint and several, and made payable to the State of California in such penalty and with such conditions as required by this Chapter, or the law creating or regulating the duties of the office. NOTE.-Stats. 1850, p. 74, Sec. 6, modified. See Tevis vs. Randall, 6 Cal., p. 632, wherein it was held immaterial whether the bond was made payable to "The People of the State of California," or "The State of California," though the statute required the latter style. Certainty as to the obligee is all that is required, and this is certain. What terms constitute a joint and several bond, see People vs. Love, 25 Cal., p. 520; People vs. Hartley, 21 id., p. 585; Tevis vs. Randall, supra; People vs. Edwards, 9 Cal., p. 286. 959. Every official bond executed by any officer pursuant to law is in force. and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal officer, his deputy, or clerk. NOTE.-Stats. 1850, p. 75, Sec. 7. A bond signed by the sureties alone, and not by the principal, cannot be recovered on.-City Sacramento vs. Dunlap, 14 Cal., p. 421. By Field, C. J., the Court say: "It bears neither the signature or seal of Dunlap, and the question for determination is, whether the intended principal or the sureties are bound by it. We are clearly of opinion that they are not. The liability of the sureties is conditional to that of the principal. They are bound if he is bound, and not otherwise; the very nature of the contract implies this." This was a joint bond. "A signer of a bond cannot deny its bind- 960. Every such bond is in force and obligatory Same. upon the principal and sureties therein 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 must be expressed therein. NOTE.-Stats. 1850, p. 75, Sec. 8. bonds. 961. Every official bond executed by any officer Suit on pursuant to law is in force and obligatory upon the principal and sureties 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 capacity; and any person so injured or aggrieved may bring suit on such bond, in his own name, without an assignment thereof. NOTE.-Stats. 1850, p. 75, Sec. 9. 962. No such bond is void on the first recovery Same. of a judgment thereon; but suit may be afterwards brought, from time to time, and judgment recovered thereon by the State of California, or by any person to whom a right of action has accrued against such officer and his sureties, until the whole penalty of the bond is exhausted. NOTE.-Stats. 1850, p. 75, Sec. 10. 963. Whenever an official bond does not contain the substantial matter or conditions required by law, or there are any defects in the approval or filing thereof, it is not void so as to discharge such officer 28-VOL. I. Insufficiency of sureties. and his sureties; but they are equitably bound to the State or party interested; and the State or such party may, by action in any Court of competent jurisdiction, suggest the defect in the bond, approval, or filing, and recover the proper and equitable demand or damages from such officer and the persons who intended to become and were included as sureties in such bond. NOTE.-Stats. 1850, p. 75, Sec. 11.-People vs. Edwards, 9 Cal., p. 286; Mendocino Co. vs. Morris, 32 Cal., p. 145; People vs. Hartley, 21 Cal., p. 585. In this case it was held that the want of a signature of the person who is giving the official bond is not such a defect as may be cured by allegation in the complaint under the section of the text. 964. Whenever it is shown by the affidavit of a credible witness, or otherwise comes to the knowledge of the Judge, Court, Board, officer, or other person whose duty it is to approve the official bond of any officer, that the sureties or any one of them 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 bond, the Judge, Court, Board, officer, or other person may issue a citation to such officer, requiring him, on a day therein named, not less than three nor more than ten days after date, to appear and show cause why such office should not be vacated, which citation must be served and return thereof made as in other cases. If the officer fails to appear and show good cause why such office should not be vacated, on the day named, or fails to give ample additional security, the Judge, Court, Board, officer, or other person must make an order vacating the office, and the same must be filled as provided by law. . NOTE.-Stats. 1853, p. 223, Sec. 1; People vs. Scannell, 7 Cal., p. 432. Sureties are not discharged by failure or neglect of Supervisors to proceed against defaulting officer.-People vs. Jenkins, 17 Cal., p. 500. Neither does the insolvency of some of the sureties |