Mississippi leader. (Jackson, Miss.) 1892-1895, 1894-09-11

years, and situated in the county, oUer
and above all legal exemption, and all
his debts and liabilities, Including the
amount Of his liability on any other Of
fetal bond, where the term of Office for
which the same was given has not ex-
pired, or, where it having expired. suit
has been instituted on such bond at
the time of making such affidavit; and
such affidavit shall be Endorsed on or
annexed to the bond.
:SOJ0. The same; how the land
( valued; additional aycrments of
( the afIidavit.-The value of the land
shall be estimated 10y that at which it
1 stands assessed, as shown by the as
! sessment-roll except where there has
been material change in the value
since the assessment: and, in that case,
the affidavit shall specify such change,
particularly explaining wherein it con
sists, and giving the numbers or metes
and bounds or other sufficient descrip-
ton of the land.
1900. Not bound to accept aft
dayit of surety as true. The Off
GERS by whom official bonds are to be
approved shall not be obliged to ac-
cept the affidavit of surety of what
he is worth as conclusive OF tho fact,
but shall have the right, and IL shall be
their duty, If they be not acquainted
with the property Of the surety, to in
terrogate him fully az to his land and
to require him to specify it particular
", and to inquire into the matter
through other sources of information,
and to exercise sound discretion in
approving bonds.
;sO62. New bond required in
certain eases. I'm case the sureties,
or any Of them, of any State or county
officer shall permanently remove out
of the State or become inSOlvent, or If,
from any cause, an official bond shall
be found insufficient, the governor in
the case of State officer, and board
of supervisors in the case of Il county
officer, shall notify such officer to APP
pear, at day and place to be named
within ten days thereafter, to give Il
new bond with other sufficient sure
ties, in penalty equal to that of the
former bond and with the like condi-
ton, or show cause why the same should
not be required; and if such officer fail
or neglect so to do. within a time to be
designated. his office shall thereby be.
come vacant. and he shall cease to dis
charge any of the duties thereof; and,
if State officer, the governor shall
cause the vacancy to be filled as in 9th
er cases. and, if Il county officer, the
vacancy shall be filled as in other cases
of vacancy in county Offices From
proceedings under this section there
shall be no appeal; and if the officer to
be notified be without the State or alb
scond. he may be notified by pubiioa-
cion. us defendants in chancery are SO
notified
;}OG;S. How SuretieS may be re
!ieVed.-In case a surety of any cOun-
ty Or county district officer shall con-
ceive himself in danger of suffering by
being such surety, lie may petition the
board of supervisors for relief i'll the
premises: and on five days notice to
the officer, the board shall hear the
petition, and may order that the Off
Ger give a new bond, with sufficient
sureties, within such reasonable time
as the board may direct, in a penalty
not less than the first bond, and con
ditioned according to law, FROM which
there shall be 10 appeal and, on the
giving Of such bond, and the approval
thereof by the board. the petitioner
shall be discharged from further LA
bility on the bond, as to The perfor-
nance of all official duties after the
giving of such new bond; and if such
officer shall fail or refuse to comply
with the order to give new bond, his
office shall thereby become vacant.
and the vacancy shall be filed as in
other cases of vacancies in county of
fees.
1884. Approving worthless Of
fetal bOnd.-If any officer shall ap-
provo any official bond, knowing or
having good reason to believe the sure
ties to be insufficient, he shall, upon
conviction, be furnished by fine or i'm
prisonment, or both, the fine not to OK
coed five hundred dollars, and the i'm
prisonment not to exceed six moths in
the county Jail.
Several important considerations
will occur to even the casual reader of
the above sections of the law. Among
other things standing out boldly and
and Enthusiastically. is the proyi-
sion that a surety on an official bond
must own in his own right and title
real estate, over and above ali legal eX-
emption and all debts and liabilities,
equal to the amount assumed on the
bond, and must make oath to that eff
feet before proper officer. 1t gees
without the saying that within the
limited time devoted by the board to
the examination and consideration of
these bonds that they could not have
ascertained the facts about the sol
vency or insolvency of such large
number Of persons resident in five diff
ferent counties.
Indeed, it is not pretended or claim
ed that the board made any thorough
investigation into the assessment roll
or mortgage records Of this county,
where most of the sureties reside. to
be assured of their solvency This is
not all. There were a considerable
number on both bonds, as "a careful
examination of the papers on file
proves, that had not even qualified by
affidavit that they were worth the sum
affixed opposite their names. AS is
seen, the law not only requires that