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1. A sale of land at auction, where no memorandum or note is made by the auctioneer, and no writing exists between the parties, is void. People v. White, 6 Cal. 75.

BONDS, OFFICIAL.

ARTICLE

ARTICLE

45. Bonds of public administrator and coroner in Yolo 50. Bonds in Calaveras county.

county.

46. Bonds of justices of the peace and constables. 47. Bonds in Merced, Tulare, and Fresno counties. 48. Bonds in San Diego and San Bernardino counties. 49. Bonds in Klamath, Del Norte and Humboldt.

51. Bonds in San Luis Obispo, San Diego and Placer counties.

52. Amendment to act of 1857.

53. Bonds in El Dorado county.

Act of February 25, 1858.

ART. 45, Sec. 1. Before entering upon the duties of his office, the public administrator of the county of Yolo shall execute a bond, with sureties, to be approved by the county judge, in the sum of five thousand dollars, conditioned for the faithful performance of all the duties devolved upon him by law, and particularly, that he will account for, and pay over, all moneys and property that may come into his hands as such public administrator.

Sec. 2. Before entering upon the duties of his office, the coroner of the county of Yolo shall execute a bond, with sureties, to be approved by the county judge, in the sum of two thousand dollars, conditioned for the faithful performance of all the duties devolved upon him by law.

Act of March 29, 1858, concerning Official Bonds of Justices of the Peace and Constables.

ART. 46, Sec. 1. From and after the passage of this act, the amount of the official bonds of justices of the peace and constables shall be fixed by the board of supervisors of the several counties of this state.

Act of April 7, 1858.

ART. 47, Sec. 1. The county officers hereinafter named, in the counties of Merced and Tulare, shall give bonds for the faithful discharge of their duties, as prescribed by law, in the following named sums, respectively: The sheriff shall give bonds in the sum of twelve thousand dollars; also, as collector of foreign miners' licenses, in the sum of one thousand dollars. The county clerk shall give bonds in the sum of four thousand dollars; also, as recorder, in the sum of three thousand dollars. The district attorney shall give bonds in the sum of four thousand dollars. The coroner shall give bonds in the sum of two thousand dollars. The public administrator shall give bonds in the sum of fifteen thousand dollars. The county surveyor shall give bonds in the sum of two thousand dollars.

Sec. 2. The bonds of the county officers in the county of Fresno shall be as prescribed in section first of this act, except that the sheriff of said county shall give bonds, as collector of foreign miners' licenses, in the sum of five thousand dollars.

Act of April 21, 1858.

ART. 48, Sec. 1. The county officers hereinafter named in the counties of San Diego and San Bernardino, shall give bonds for the faithful discharge of their official duties as prescribed by law, in the following named sums, respectively: The treasurer, ten thousand dollars; the sheriff, ten thousand dollars; the county clerk, five thousand dollars; the district attorney (1), three thousand dollars; the county surveyor (1), three thousand dollars; the assessor, three thousand dollars; the coroner (1), two thousand dollars.

(1) See Art. 51.

Sec. 2. Before entering upon or exercising any of the duties of his office, the recorder of the county of San Bernardino shall enter in bonds in the penal sum of two thousand dollars, with two or more sufficient sureties, conditioned for the faithful discharge of his duties as such recorder, which bond shall be approved and filed according to law.-[Act of March 16, 1860.

Act of April 21, 1858.

ART. 49, Sec. 1. The county officers hereinafter named in the counties of Klamath, Del Norte, and Humboldt, shall give bonds for the faithful performance of their official duties as prescribed by law, in the following named sums, respectively: The sheriff, in the sum of ten thousand dollars; the sheriff, for the collection of foreign miners' licenses, ten thousand dollars; the clerk, in the sum of three thousand dollars; the clerk, as recorder, in the sum of three thousand dollars; the district attorney, in the sum of five thousand dollars; the county surveyor, in the sum of two thousand dollars; the county assessor, in the sum of three thousand dollars; the coroner, in the sum of two thousand dollars; the treasurer, in a sum not less than ten thousand dollars; the public administrator, in a sum of not less than twelve thousand dollars.

Act of January 29, 1859.

ART. 50, Sec. 1. In all cases where the official bonds of the officers of the county of Calaveras have, or shall hereafter, from any cause, become defective or void, the board of supervisors shall cause them to file new bonds in the amounts now required by law.

Sec 2. The board of supervisors of said county shall approve of all bonds hereafter to be given by the officers of said county.

Act of March 4, 1859.

ART. 51. Sec. 1. From and after the passage of this act, the amount of the official bonds of the district attorney, county surveyor, and coroner, of the counties of San Luis Obispo, San Diego, and Placer, shall be fixed by the board of supervisors of said counties, and said board may require, from time to time, additional and increased bonds from said officers, or any one of them.

Sec. 2. From and after the passage of this act, the amount of the official bonds of the public administrator of the counties of San Luis Obispo, San Diego, and Placer, shall be fixed by the probate judge, or court, of said counties, and the judge or court may require additional bonds from each officer from time to time.

Act of March 4, 1859.

ART. 52, Sec. 1. The first section of an act entitled an act concerning official and other bonds, approved April second, eighteen hundred and fifty-seven, is hereby so amended as to read as follows:

Sec. 1. In all cases where official bonds are required, or may be hereafter required, from state or county officers, the officer or officers whose duty it is or may be to approve such bonds, shall not accept or approve any such bonds, unless each of the sureties shall severally justify, before an officer authorized to administer oaths, as follows:

First-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 officer, that such surety is a resident and freeholder or householder within such county, or within an adjoining county.

Second-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, which may be levied upon and is not exempt from execution and forced sale; provided, that the county judge of each and any county in this state may, at any time, upon his own or any other motion, call, by written notice

to that effect, upon any one or more of the sureties upon the official bond of any of the county officers of his county for a further justification of his or their responsibility, notwithstanding any former justification thereof, and notwithstanding any approval of such bond or bonds; and such proceedings shall, or may thereupon, be had as are provided in section one of an act approved May eighteenth, eighteen hundred and fifty-three, entitled "An Act concerning Sureties on Official Bonds."

Act of April 9, 1859.

ART. 53, Sec. 1. The county officers hereinafter named, in the county of El Dorado, shall give bonds for the faithful discharge of their official duties as prescribed by law, in the following named sums, respectively: The sheriff, thirty thousand dollars; the collector, thirty thousand dollars; the treasurer, forty thousand dollars; the county clerk, fifteen thousand dollars; the recorder, ten thousand dollars; the district attorney, five thousand dollars; the assessor, ten thousand dollars; the county surveyor, five thousand dollars; the coroner, three thousand dollars; and the superintendent of public instruction, three thousand dollars.

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1. WHERE the law requires a joint and several bond, and the officer filed a bond in form joint, and not joint and several; Held, that he and his sureties cannot complain that their obligation is less burdensome than the law requires. Tevis v. Randall, 6 Cal. 632.

The absence of the statutory requirements does not invalidate the bond. Id.

2. Where the law requires an officer to file a new bond within two days after the meeting of the supervisors, the officer has the whole of the two days succeeding the day of meeting, to execute and present his bond. People v. Scaunell, 7 Cal. 432.

3. The refusal by a board of officers, when required by law, to act, is not the exercise of a discretion, and is conclusive upon no one. The failure to approve an official bond is not the fault of the officer-it does not release his sureties, nor can it work a forfeiture of his office. Id.

4. The sureties upon the official bond are only responsible for the official acts, and not for private debts. Hill
v. Kemble, 9 Cal. 71.

5. Where the obligors in a sheriff's bond bind themselves jointly and severally in specific sums, they may all
be joined in the same action, but separate judgments are required. People v. Edwards, 9 Cal. 286.
The defect in the approval of a bond cannot be set up as defense by the sureties. Id.

6. The eighth section of the act concerning official bonds, which provides that every such bond shall be
obligatory for the discharge of duties which may be required by any law subsequently enacted, applies only to
duties properly appertaining to the office, and not to new duties belonging to a distinct office. Id.

7. The law imports a consideration to a sealed instrument from its seal. The statute of this state has not altered the presumption of consideration, but only modifled the rule so far as to allow it to be rebutted in the answer. McCarty v. Beach, 10 Cal. 461.

8. Sureties on the official bond of a county treasurer all contract together and share a common responsibility. In case of a breach or loss, each has recourse for contribution on his fellows. The discharge of one of the obligors affects the contract as to all, and amounts to a release of all as to all future acts of such official Peorple v. Buster, 11 Cal. 215.

ARTICLE

CLERK.

54. Certain offices separated from that of county clerk,
in Placer County.

Election of a recorder. Term of office.
55. Ex officio offices and bonds of recorder.
Fees to be paid into county treasury.

56. Fee-book.

57. Penalty for neglect of duty.

58. Duty of county treasurer.

ARTICLE

clerk. May appoint a deputy. Salary of deputy. 60. Fees, how disposed of. Statement of fees, etc. to be filed. Fee-book.

Salary. 61. Penalty for neglect. Duty of treasurer.
62. Certain offices separated from that of county clerk,
in Shasta County. Election of a recorder. Term..
63. Ex officio offices of recorder. Bonds; powers and lia-
bilities. Office, where kept.

59. Ex officio offices of county clerk. Salary of county 64. Secretary to supreme court.

Act of February 11, 1858, to separate the offices of Recorder, Auditor, Clerk of Supervisors, and Clerk of Board of Equalization, from the office of County Clerk, in Placer County..

ART. 54, Sec. 1. From and after the second day of June, in the year one thousand eight hundred and fifty-nine, the offices of county recorder, county auditor, clerk of the board of supervisors, and clerk of the board of equalization, in the county of Placer, shall be separate from the office of county clerk.

Sec. 2. At the next general election, and at the next general election of every

succeeding two years thereafter, there shall be elected in said county a county recorder, who shall enter upon the discharge of the duties of his office on the second day of June, in the year one thousand eight hundred and fifty-nine, and shall hold said office until the first Monday in December, in the year one thousand eight hundred and sixty, and until his successor is elected and qualified.

Sec. 3. The terms of said office, except the one provided for in section two of this act, shall be two years, and commence on the first Monday in December, in the year one thousand eight hundred and sixty, and on the first Monday of December every second year thereafter.

ART. 55, Sec. 4. The county recorder of said county shall be, ex officio, county auditor, clerk of the board of supervisors, and clerk of the board of equalization of said county, and shall qualify for his said office and ex officio offices, enter into such bonds as are required, and discharge all the duties thereof during his said term, as required by law.

Sec. 5. The county recorder of said county shall receive, from and after the second day of June, in the year one thousand eight hundred and fifty-nine, for his services as county recorder, and his services in said ex officio offices, a salary at the rate of three thousand dollars per annum; and which salary shall be in full for all services required of him by law, and shall be collected and retained in the manner hereinafter provided.

Sec. 6. The county recorder of said county shall collect and safely keep all fees and per centage allowed him by law, except for such services as the county is chargeable for, services rendered by him in his said several official capacities; and, upon the first Monday in each month, on and after the said second day of June, in the year one thousand eight hundred and fifty-nine, shall pay the same into the county treasury of said county, less his salary for the preceding month.

ART. 56, Sec. 7. The said county recorder shall keep an accurate account, in a fee-book, to be provided for that purpose, of all fees and per centage allowed him by law for services rendered in his said several official capacities, except for such services as the county shall be chargeable; and he shall, at the time provided for paying the same into the county treasury, file with the county treasurer of said county, a copy of the contents of said fee-book, under oath, embracing the contents of the same for the next preceding month to the day of filing the same; and said fee-book shall be kept with the record-books of said recorder's office, and remain public property, and shall be subject to examination, at all reasonable hours, by any citizen or tax-payer of said county, or other person interested; and he shall give certified extracts of the same, upon like terms as other records of his office are given.

ART. 57, Sec. 8. For a neglect or refusal to perform any of the duties of county recorder, or the said ex officio offices, when properly required to perform the same, the said officer shall be subject to suit upon his official bonds, at the instance of any citizen or tax-payer of said county, or other person interested; and if judgment shall be rendered against him, he shall be subject to a fine of one hundred dollars, as well as such damage as the plaintiff in the action may prove; and for a willful neglect of any of the duties required by this act, he shall be subject to a criminal prosecution, and be punished by removal from his said office and ex officio offices, and by imprisonment in the state prison not less than one year, nor more than three years, and by fine not exceeding five thousand dollars, or by any one or by all of said penalties, in the discretion of the court before which the trial takes place; and the board of supervisors shall have power to take charge of his said office and er officio offices, at any time after proceedings are commenced against him, and to provide a suitable person, who shall qualify and discharge the duties of his said several offices, until he shall be discharged from criminal liability, accruing by reason of any and all prosecutions herein referred to, or

until his successor shall be elected and qualified; provided, that the penalties imposed by this act shall not be held to relieve said officer from any and all bonds, liabilities, and penalties, imposed on him in his several official capacities by any other laws of this state.

ART. 58, Sec. 9. The county treasurer of said county shall receive from said county recorder, all payments made by virtue of the provisions of this act, and shall receive and safely keep, for the use of the proper authorities, the said sworn statement from the fee-book; and shall, at the times of payment, receipt to the said recorder for the said moneys, charge himself with the amount, and shall place all such sums to the credit of the "Redemption Fund."

Sec. 10. All acts and parts of acts in conflict with this act are hereby repealed, as far as they relate to the county recorder, and the said ex officio offices in the county of Placer; provided, that nothing in this section shall be held to affect any law relating to the compensation or fees for the present term of said office and ex officio offices.

Act of February 25, 1858, concerning the Office of County Clerk of Placer County.

ART. 59, Sec. 1. The county clerk of Placer county, from and after the second day of June, in the year one thousand eight hundred and fifty-nine, shall be ex officio clerk of the district court, clerk of the court of sessions, and of the probate court of said county, and perform such other duties as may be assigned him by law, and shall, on and after the said date, receive, for all services required of him by law in his said office and ex officio offices, a salary at the rate of three thousand five hundred dollars per annum, which salary shall be in full for all services required of him as aforesaid, and the money for the payment of the same shall be collected and retained by said clerk, in the manner hereinafter provided.

Sec. 2. The county clerk of said county shall have power, when the business of his office and his said ex officio offices shall make it necessary, to employ a competent deputy, who shall, upon his account being allowed by legal authority, be paid for such time as his services were necessary, at the rate of one thousand five hundred dollars per annum; which sums thus allowed shall be in full for all services required of or rendered by him during his times of service as such deputy; provided, that in no case shall any board, court, person, or other authority, have power to allow or direct the payment of the above sum, or any portion of it, to said deputy, unless there shall have been paid over to the county treasurer by the county clerk a sum, or sums, equal to or greater than the sun claimed to be due for services rendered by the said deputy clerk.

ART. 60, Sec. 3. The county clerk of said county shall, on and after the second day of June, A. D. one thousand eight hundred and fifty-nine, collect and safely keep all fees, per centage, and compensation, of whatever nature or kind, allowed him by law for services rendered by him or his deputy, in his or their said several official capacities; and upon the first Monday in each and every month, after the said month of June, shall pay the same over to the county treasurer of said county, less his salary for the next preceding month; provided, it shall not be required of said clerk, or any deputy under him, to collect any fees, per centage, or compensation, for services rendered in his said several official positions after the said second day of June, in any suit, matter, or proceeding, wherein the county of Placer may be chargeable for the same.

Sec. 4. The county clerk of Placer county shall, at the times herein provided for paying over to the said county treasurer, make out and file with the said treasurer, a full and accurate statement, under oath, of all fees, per centage, or compensation, of whatever nature or kind, received in his said several official capacities for the preceding month, in which statement he shall set forth the causes in which, or the services for which, it was received, and the party or sources from which derived; and shall charge himself therein for the amounts

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