The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1873-07-03

lshall not be vacated. which c!tauou ss.. II ~
and return thereof made in other cases Il q
otcor shall fail 70 appear aud show good csusc ~
Isuch once should not be vacated on the osy
or shall fail to give ample additional surety. y .u.
be the duty Of such judge. board. oncer Or getson
lmake An order vacating such ONCE. and tno san
shall be ned BY election or appointment .
BY law" 20 80. a
seeadon. pyesssies that when the penal sum O sn
bond hereafter. to be given. amounts 20 more ~.
one thousand dollars tho surettes may become so'
orally liable for portions not less snan nve
dollars Of such penal sum. making In the aggregate
| ct least two sureties for the whole penal sum
| On the 9th day OF October. 1858. the BOND OF ~
Assessor was fixed ct the sum Of $500 ana tns -
Collector at SIS OOO making. In ALL eighteen thousan
dollars. which. - understand the law. must % y
cured by ct least two sureties. 20 that u one nils
there will still be surety left for the whole sum
and section g. on page 6S Of the 4th session. Can
be possible that any ask court TO say TIA
the County Commissioners shall receive bond with
Auditor bond in not over half OF the required sum-
The County Commissioners nxed the amount o.
the Collectors bond, In 1865 ct $1,000. ana II hal
SO remained and been acted upon by Oh collectors o
taxes since that time. Also Sec. on page 224 Of
the 4th session law lrepealed not doubling however
that the County Commissioners may, IN their discre
ton. receive any kind OF bond and approve the
same at their own peril. for the amount dxed by
them II such bond il only aligned by Cue sure
ty subject always however, TO the provisions OF Sec.
T. page 50 Of the lth session law. After the pro-
.
and still the Board Of County Commissioners may
insist upon each word and letter OF that secton DO.
ing complied with.
The appellants counsel insists however. that the
County Commissioners must cite appellant before
them in writing In order to get OF the
officer. That might DO true. II In April last they
proposing to deal with an officer that had quail
fed aud was in Office. ! do not understand this
case. The case stands just II would have stood.
had the appellant never held tho ONCE before his
term had expired and certainly he occupies no more
position ut least than he would had he
never held the ofce before. he WAS such oicer
could expect written citation because one or more
Of his suretes had died. removed from the Terrific
~. became insolvent or from any other cause had
become incompetent TO be suretes since the approya
Of the Board; because they surcties. the
bond never was approved.
In this case the man who might desire the Office
might appear aud give ample surety but certainly he
'acAted because the once had not been 6lied:
aeither could he give ample additional surety. be-
,ause he had never given any.
am OF the opinion that there 10 nothing In the
urisdictional question. ! am also Of the opinion
hat any bond in form substantially required. may
ustan recovery. because to hold otherwise would
e to decide that party might take advantage Of his
wn wrongs. principle not favored In law.
The County Commissioners clearly have the right |
reject bond which the justification il not pre-.
.sciy according TO tho Law requiring it, The bond
,ay properly be rejected by the board OF cousty
II IL 10 brought TO them without
sving the oath Of once endorsed thereon aud they
'ay reject bond because Ia their discretion they
lay DC OF opinion that IL II not safe bond that IL
OF in proper form. or that tho surctcs arc not re-
sonsible.
!, Is 10 be hoped hereafter. that the County Com.
issisners will be careful aud approve no bond that
not in proper form In every particular aud when
bud Is required TO be in the sum Of ten or more
onsand dollars. with at least two surcses aud an.
= the Law as 1, now stands. il the party wish TO d.
dc up his bond Of ten thousand dollars among his
sends 80 that each shall be liable for 81 900 Of that
I'M. the commissioners ahonid remember there
us; be twenty surctics each Of whom justify In the
IN OF flouu. IN order that In the aggregate there
all be- Al least two surcties for the whole penal sum
1csc being my views Of the law am Of the opinion
at tho Commissioners have done right aud be. I
use they have done right, their decision Ia hereby
armed. Ia
The foregoing so-call.d opinion Of Judge
'ggle speaks for itself. If it contains any
gument. law. lo.ic or common sense, We fail q
perceive it. The sections Of the revenue .
" quoted in the decision. in reference to
'nthly settlements by Tax Collectors with o
. Auditor. and the final settlement 10 be- q
'de on the Saturday next preceding the frst
'nday in April in each year. are dwelt upon y
applicable to Germans case. and nor. CON q
ance Herewith. after the frst Of September 81
each year regarded as proof Of incompc.en. G
and sufficient cause for his removal from o.
&c before be entered upon the discharge OF d
official duties for second term. A care u
examination OF the revenue law. had Judge IN
ggle taken the trouble Of doing 10. would "a
70 enlightened his mind somewhat. and shown vi
a that the Assessor and Tax Collector of OF
Use county is not governed by the same pro. m
ions of Law made applicable to other coun. in
'ec u. Of the Revenue Act, 9Th Session q
.. makes the Assessor Of Boise county the th
ector OF all per capita taxes, and all taxes -
real and personal property, and the same al
ton provides that be shall pursue the same Bt
r'e as Collector a. is provided BY that act Oh
'e pursued BY the Sheriff as Tax Collector. pl'
'ther counties. except 10 Ada aud Oneida; bu
provides. further. that after turning over vie
delinquent list to the District Attorney tn
ch, in Boise county, 10 on the frst of Octo- thu
the Assessor OF said Boise county shall Gel
Re to have any further control over it. and re,
form no further duties in connection there. The
L." fri
&C. 81. Of the same act. provides that on exl
first Monday in September in each year. bis
subsequent amendment AZ to Boise coun. ma
changed to October) the Sheriff. a. Tax an!
ector, shall attend at the Office Of the Coun. are
AUDITOR, with his assessment roll, take an :.
!. which is to be written on the roll, a. to 90 :.
WIN Pa'" ool"S uaEAco opposite the clsi