Owyhee bullion. [volume] (Silver City, I.T. [Idaho]) 1866-1867, 1867-04-18

DOuusi hiTtt Dy lHe bikH Stttlun VI lulS ttl'
required to file neiC bonds conforming to the
provisions of this act, on or before the first
day OF March last; ''and in default thereof,
their offices shall be deemed vacant
1t is conceded that the act in question
requires two sureties TO the full amount Of
the bond as required by law. The Sheriff is
required, by section =. of AN act relating
to county officers page AS Of the statute
of 1861 to file new bond in the penal sum
of ten thousand dollars. That officer on the
first day Of March filed an official bond, con
ditioned as required by law. with suretes
qualifying in the sum OF Thirty thousand dol
lars. Although the penalty was expressed
to be in the last named sum. it is still Il good
bond under the statutes for the sum of ten
thousand dollars with two sureties in that
amount. 1t follows from this, that the
Sheriff complied with the law hy filing u
rev bond with two sureties for the sum re-
quired by the section referred to. on the first
day Of March, and his Office is not vacant.
by the Goth section Of the act referred to,
the County Recorder is required to enter
into bonds lin the penal sum ofnot less than
five, nor more than thirty thousand dollars,
at the discretion Of the County Commission
ers of the respective counties with two or
more sureties, &C." By order made on the
10th of February last, we fixed the amount
OF that officers bonds, between five and thir-
ty thousand dollars at twelve thousand dol
lars. The Recorder did not, on or before
the first day OF March last, and has not ut
this time, filed rev bond with the sureties
justfying in the sum oftwenty-fOur thousand
dollars On the first day of March, he filed
bond, as Recorder. with single snreties
justiiying in the SUM of twelve thousand, and
giving that officer the benefit of o bond he
filed on the same day, Us Auditor, in the sum
OF four thousand dollar. and he is IN default.
OF the security required by law, in the sum of
eight thousand dollars and his office must.
in the language OF the statute. "be deemed
to be vacant"
BY section los, the County Treasurer is
required to give bond with two or more
sufficient freehold sureties, to the acceptance
OF the Board of County Commissioners of
his proper county,in a penalty of double the
probable amount Of money that may at ary
time come to his hands as such Treasurer
&c. BY the same order referred 10 above,
such amount was fixed at fifteen thousand
dollars. The Treasurer is embraced within
the terms of the act approved on the frlh Of
last January, before referred to, and by an
act supplementary to that act, approved on
the ninth day Of the same month, he is made
expressly subject to the first named act. The
Treasurer did not, on or before the first day
of March, file new bond with two suerties
in the sum of fifteen thousand dollars. that
is, with sureties iustilying in the sum ofth-
ty thousand dollars; and his Office must be
deemed to be vacant
by act of December 22d 1864 being sec
tion of the compiled revenue law. the As
SCISSOR is required to enter into bond ain
the penal sum olthrce thousand dollars. with
two or mora sufficient sureiips. to be approy-
ed by the County Commissioners" &c. That
officer did not, on or before the fist dav OF
March last, lie a new bond with two snretes
to that amount, that is with. surrties Justify
ing in the sum Of six thousand dollars. On
the first day Of March. the A Assessor filed
bond, with single suretieS, iustilving in the
sum Of three thousand dollars. The statute
requires two sureties in that amount. His
Office must in the words of the statute be
deemed TO be vacant
The same reasoning applies to the Office Of
County Surveyor and his Office is likewise
"deemed to be vacant" failure to file new
bonds with double sureties in the amount re-
quired by law, on or before the first day of
March, 1867.
The fact thai the several bonds offered on
the first day March. were accepted by Us, can
not affect this question. The statute express
" directs that the several Territorial, County
and City officers shall file new bonds conform
ing to the prociSi0rs qf That act, on or be-
fore the first day of March lsG1--"and in
default thereof their said Offices shall be
deemed to be vacant" If the respective Of
licers had, on or before that day. filed new
bonds. conf forming Ia the Gct, their offices
could not have been deemed vacant. although
we had neglected to accept, or approve, or
in any way to act upon the bonds. This
Board has discretion in requiring a,'dHi0u-
al or FURTHER bonds. provided for in the six
teenth and seventeenth sections of the act,
but we have no discretion to dispense with
any of the requirements Of the 37th section
The law absolutely requires new bonds be-
fore ceatain date, conforming to the act,
and as stated by the Court in People VS..
Gpannall oifa1 L.r L.. Al. Tt.i.F