Separate judgments on bonas. Contri bution between sureties. Discharge of sureties. Persons appointed to till vacancies, bonds of. 968. If separate judgments are recovered on the bonds by such party for the same cause of action, he is entitled to have execution issued on such judgments respectively; but he must only collect, by execution or otherwise, the amount actually adjudged to him on the same causes of action in one of the suits, together with the costs of both suits. 969. Whenever the sureties on either bond have been compelled to pay any sum of money on account of the principal obligor therein, they are entitled to recover in any Court of competent jurisdiction of the sureties on 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. 970. Whenever any sureties on the official bond of any officer wish to be discharged from their liabil ity, they and such officer may procure the same to be done if such officer will execute a new bond with sufficient sureties in like form, penalty, and conditions, and to be approved and filed as the original bond. Upon the filing and approval of the new bond such first sureties are exonerated from all further liability; but their bond remains 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 is in all respects the same and may be enforced in like manner as the liability of the sureties in the original bond. 971. Any person appointed to fill a vacancy, before entering upon the duties of the office must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as hereinbefore provided. sureties. 972. Any surety on the official bond of a city, Release of town, county, or State officer, may be relieved from liabilities thereon afterwards accruing by complying with the provisions of the three sections following. 973. Such surety must file with the Judge, Court, Same. Board, officer, or other person authorized by law to approve such official bond, a statement in writing setting forth the desire of the surety to be relieved from all liabilities thereon afterwards arising, and the reasons therefor, which statement must be subscribed and verified by the affidavit of the party filing the same. 974. A copy of the statement must be served on Same. the officer named in such official bond and due return or affidavit of service made thereon as in other cases. 975. In ten days after the service of such notice the Judge, Court, Board, officer, or other person with whom the same is filed, must make an order declaring such office vacant, and releasing such surety from all liability thereafter to arise on such official bond, and such office thereafter is in law vacant, and must be immediately filled by election or appointment, as provided for by law as in other cases of vacancy of such office, unless such officer has before that time given good and ample surety for the discharge of all his official duties as required originally. When office declared may be vacant for want of bond. mental 976. Whenever from any cause a surety on the Suppleofficial bond of any officer elected or appointed under bond. the laws of this State withdraws from his bond or becomes insolvent, or from other cause becomes incompetent to remain as surety thereon, such officer may file a supplemental bond, executed and approved in the same manner as the original bond, for the amount for which the surety so withdrawing or incompetent was bound by the original bond. Same. Same. Same. 977. The release, discharge, voluntary withdrawal, or incompetency of a surety on any official bond does not affect the bond as to the remaining sureties thereon, or alter or change their liability in any respect. 978. Whenever a surety on any official bond gives notice of intention to withdraw therefrom, or is removed, or becomes otherwise incompetent, the principal on the bond must, within ten days after such notice or disqualification, execute and file, subject to the same conditions as the original, a supplemental bond, wherein must be recited the names of the remaining original sureties, and the name or names of the new surety or sureties and the respective amounts for which he or they become bound, who are substituted in lieu of the surety or sureties released or disqualified. 979. Whenever the original bond is given for an amount in excess of the sum required by law, if the withdrawal or removal of any surety does not reduce the bond below the amount required by law to be secured by sureties, then no supplemental or additional bond is required or necessary; and whenever any supplemental bond is so filed and approved, the officer with whom the bond is filed, or in whose office the same is recorded, must give ten days notice-by publication in some paper published in the county, or if there is no paper in the county, then in the county nearest thereto in which a newspaper is published, and in case of the bond of a State officer, in some paper at the City of Sacramento-of the fact of the filing of the bond and the name of the party withdrawing from the former and the substitute on the new bond; and until the filing and approval of the supplemental bond the sureties on the former bond are liable for all the acts of their principal. 980. No surety must be released from damages or Effect of discharge liabilities for acts, omissions, or causes existing or of sureties. which arose before the making of the order mentioned in Section 975, but such legal proceedings may be had therefor in all respects as though no such order had been made. 981. The provisions of this Article apply to the bonds of receivers, executors, administrators, and guardians. Provisions apply to of Article bonds administrator, etc. Bonds of receivers, etc. 982. All bonds or undertakings given by trustees, receivers, assignees, or officers of a Court in an action assignees, or proceeding for the faithful discharge of their duties, where it is not otherwise provided, must be in the name of and payable to 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. 983. When an action is commenced in any Court in this State for the benefit of the State, to enforce the penalty of or to recover money upon an official bond or obligation, or any bond or obligation executed in favor of the State of California, or of the people of this State, the attorney or other person prosecuting the action may file with the Court in which the action is commenced an affidavit, stating either positively or on information and belief that such bond or obligation was executed by the defendant or one or more of the defendants (designating whom), and made payable to the people of the State, or to the State of California, and that the defendant or defendants have real estate or interest in lands (designating the county or counties in which the same is situated), and that the action is prosecuted for the benefit of the State; and thereupon the Clerk receiving such affidavit must certify to the 23* VOL. I. Actions on bonds, official effect of. Same. Bonds of Recorder of the county in which such real estate is situated the names of the parties to the action, the name of the Court in which the action is pending, and the amount claimed in the complaint, with the date of the commencement of the suit. 984. Upon receiving such certificate the County Recorder must indorse upon it the time of its reception, and such certificate must be filed and recorded in the same manner as notices of the pendency of an action affecting real estate; and any judgment recovered in such action is a lien upon all real estate situated in any county in which such certificate is so filed belonging to the defendant, or to one or more of such defendants, for the amount that the owner thereof is or may be liable upon the judgment, from the filing of the certificate; and the fees due the Clerk and Recorder for the services required are a charge against the county where the suit is brought, to be recovered like other costs. 985. Every officer or body appointing a deputy, Clerks, etc. Clerk, or subordinate officer may require an official bond to be given by the person appointed and may fix the amount thereof. ARTICLE X. RESIGNATIONS, VACANCIES, AND THE MODE OF SUPPLYING THEM. SECTION 995. Resignations, to whom made. 996. Vacancies, how they occur. 997. Notice of removal, by and to whom given. 998. Vacancies in Legislature, how filled. 999. Vacancies, how filled when not otherwise provided for. 1004. Power and duty of officers filling unexpired terms. |