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Oath, where filed.

SEC. 909. Every oath of office, certified by the officer before whom the same was taken, must be filed within the time required by law, except when otherwise specially provided, as follows:

1. The oath of all officers whose authority is not limited to any particular county, in the office of secretary of state. [Pol. Code.]

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Officers who may administer oaths.

SEC. 1028. Every executive and judicial officer may administer and certify oaths. [Pol. Code.]

District attorney is an executive officer (128 Cal. 415), but a United States court commissioner is not such an officer: 56 Cal. 464. Also, 128 Cal. 420.

A. QUALIFYING–Continued.

3. BONDS. Bonds of officers, etc.

SEC. 1594. All the bonds of officers and employees under this title shall be deposited with the secretary of state. [Pen. Code.]

Time for filing bond.

SEC. 947. Every official bond must be Alled in the proper office within the time prescribed for filing the oath, unless otherwise expressly provided by statute. [Pol. Code.]

Filing bond within time is condition precedent to right to hold office: 3 Cal. 122. But, see, 55 Cal. 320.

As to computation of time, see Doane vs. Scannell, 7 Cal. 393.

Officer ex officio must give separate bond for each office he occupies, in absence of statute to the contrary: 9 Cal. 286.

Tender of bond within time is all that is required. Delay of board or officer to approve bond will not affect right of officer elected to the office: 1 Cal. 519; 178 Cal. 154; 79 Cal. 84.

Approval, filing, and recording of bonds of state officers.

SEC. 948. Unless otherwise prescribed by statute, the official bonds of state officers must be approved by the governor, and filed and recorded in the office of the secretary state. [Pol. Code.]

Approval must be indorsed on bond.

SEC. 952. The approval of every official bond must be indorsed thereon and signed by the officer approving the same. [Pol. Code.]

Bond not to be filed before approval.

SEC. 953. No officer with whom any official bond is required to be filed must file such bond until approved. [Pol. Code.]

Condition of bond.

SEC. 954. The condition of an official bond must be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and also all such additional duties as may be imposed upon him by any law of the State of California. Such bond must be signed by the principal and at least two sureties. [Pol. Code.]

Justification of sureties.

SEC. 955. The officer whose duty it is to approve official bonds required of state, county, city and county, or township officers, must not accept or approve any such bond, unless each of the sureties severally justify before an officer authorized to administer oaths as follows:

1. On a bond given by a state officer that such surety is a resident and freeholder or householder, within this state.

2. That such surety is worth the amount for which he becomes surety, over and above all his debts and liabilities in unincumbered property, situated within this state, exclusive of property exempt from execution and forced sale. [Pol. Code.]


Sureties for less than penal sum.

SEC. 956. When the penal sum of any bond required to be given, amounts to more than one thousand dollars, the sureties may become severally liable for portions of not less than five hundred dollars thereof, making in the aggregate at least two sureties for the whole penal sum.

* [Pol. Code. ]



Form of bonds.

SEC. 958. All official bonds must be in form joint and several, and made payable to the State of California in such penalty and with such conditions as required by this chapter, or the law creating or regulating the duties of the office. (Pol. Code.)

Construction of bonds.

SEC. 959. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal officer, his deputy, or clerk. (Pol. Code.]

No strained construction is to be given to obligation of surety: 17 Cal. 504.

Bond can not be extended by legislative act extending term of office of incumbent: 17 Cal. 93.

Holding over after expiration of term until successor qualifies is not a new term and sureties are liable: 45 Cal. 12.

See, also, monographic note 10 Am. St. Rep. 855.

As to acts of officers for which sureties on official bonds are liable see monographic note, 91 Am. St. Rep. 497-579.

Money in hands of an officer deposited in bank as provided by law is not chargeable to sureties if bank fails, but if deposited to personal account, he and his sureties become liable: 59 Cal. 444.

Officer and sureties not liable for loss of money taken

by robbers: 113 Cal. 205. Obligation as to duties required by new acts.

Sec. 960. Every such bond is in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution of such bond, and such condition must be expressed therein. [Pol. Code.]

Suit on bonds.

SEC. 961. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein to and for the State of California, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity; and any person so injured or aggrieved may bring suit on such bond, in his own name, without an assignment thereof. [Pol. Code.]

The State of California may bring action without joining aggrieved parties : 74 Cal. 373.

See 132 Cal. 589; 76 Cal. 121; 114 Cal. 245.

Subsequent suits.

SEC. 962. No such bond is void on the first recovery of a judgment thereon; but suit may be afterwards brought, from time to time, and judgment recovered thereon by the State of California, or by any person to whom a right of action has accrued against such officer and his sureties, until the whole penalty of the bond is exhausted. [Pol. Code.]

Defects in the form of bond.

SEC. 963. Whenever an official bond does not contain the substantial matter or conditions required by law, or there are any defects in the approval or filing thereof, it is not void so as to discharge such officer and his sureties; but they are equitably bound to the state or party interested. *** [Pol. Code.]

Failure of proper officer to approve will not invalidate bond or release security: 78 Cal. 154.

Insufficiency of sureties.

SEC. 964. Whenever it is shown by the affidavit of a credible witness, or otherwise comes to the knowledge of the judge, court, board, officer, or other person whose duty it is to approve the official bond of any officer, that the sureties or any one of them have, since such bond was approved, died, removed from the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such bond, the judge, court, board, officer, or other person may issue a citation to such officer, requiring him, on a day therein named, not less than three nor more than ten days after date, to appear and show cause why such office should not be vacated, which citation must be served and return thereof made as in other cases. If the officer fails to appear and show good cause why such office should not be vacated, on the day named, or fails to give ample additional security, the judge, court, board, officer, or other person must make an order vacating the office, and the same must be filed as provided by law. [Pol. Code.]

When office may be declared vacant for want of bond.

SEC. 975. In ten days after the service of such notice, the judge, court, board, office, 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. [Pol. Code.]

Supplemental bond.

SEC. 976. Whenever, from any cause, a surety on the official bond of any officer elected or appointed under 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. [Pol. Code.]

Supplemental bond on withdrawal, removal, etc., of surety.

SEC. 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. [Pol. Code. ]


Public moneys defined.

SEC. 426. The phrase "public moneys," as used in the two preceding sections, includes all bonds and evidence of indebtedness, and all moneys belonging to the state, or any city, county, town, or district therein, and all moneys, bonds, and evidences of indebtedness received or held by state, county, district, city or town officers in their official capacity. [Pen. Code.]

Itemized accounts for all moneys expended.

SEC. 424. All state officers and appointees shall produce itemized accounts for all moneys, other than salaries, expended by them, accompanied by affidavit that the money has been expended. [Pol. Code.]

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