Arizona republican., 1895-07-16
AFTER THE BOND An Important Office AL legged to Be Vacant. Proceedings Against Mo
 Millan'S Bond.
The Gila Bend Company Reap
 pears in the Fight.
Exceptions Filed Yesterday " the Clerk of the Dis-
 trict Court.

An attack was made yesterday u) the supplemental bond of Receiver McMillan of the Peoria Canal company, filed and approved last Saturday. The Gila Bend Reservoir and Irrigation company filed an exception to the bond with the district clerk late yesterday afternoon in which it is charged that the supplemental bond Tas not legas bond and that the office of receiver is therefore vacant, since last Saturday was the tenth and last day on which perfect additional and supplemental bond could be filed after notice of with drawal had been given by the with drawing bondsmen.
 It is set forth in the exception that in submitting the supplemental bond there was general failure to comply with the requirements of Par. 3l02, B. S., which requires that
 Whenever surety on any official bond gives notice of intention to withdraw therefrom or becomes otherwise inco ompetent, the principal on the bond must within ten days after such notice of disqualification, execute and file,
 
 supplementary bond, wherein must be re- cited 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 sure,y or sureties re- leased or disqualified.
 It is shown that in the supplemental bond there has been failure to regard the requirement. of reciting the names of the new and the old sureties. The bond, therefore, being illegal, it is not supplemental bond and the office bs- comes vacant under Par. 3099, Sec. 2S, making it manda tory upon the proper authorities to declare it so, in the fol- lowing language:
 In ten days after the service of such notice, (Of withdrawaD the judge, court, board, officer or other person with whom the same is filed. must make an order declaring such office va cant and releasing such surety from all ha- bility thereafter to arise in such official bond and such office is thereafter in law vacant and must be filled by election or appointment ss provided for by law, as in other cases of va | cancy of such office, unless such officer has be- fore that time given good and ample surety fer the discharge of all his official duties as Ka- quired originally.
 The supple mental bond contained the names of Jas. s. Thompson for $20, ,O00, and Walter Bennett for $5,OG4. It was also shown in the exception that the former is insane. now confined in the territorial insane asylum, and therefore incompe petent to act as bonds man. It IS pointed out that Mir. Ben nett is an attorney of record in the fairs of the Peoria Canal company an SO disqualified as a bondsman. Th Crowley and Toohey interests, reprt scented by MT. Ainsworth, filed simils exceptions to the bond.
 The Gila Bend Reservoir and Irrig> tion company also served notice upon the district clerk ot the insolvency Oe certain members of the original bond representing about $40,000. Other bondsmen also gave notice of with drawaI yesterday.
 Word was received from Prescott that the supreme court had denied the application of c. E Crowley for a writ of mandamus req airing Judge Baker te grant an appeal from his order of re sale of the canal property on July 26.