59-806. BONDS OF COUNTY OFFICERS — APPROVAL, FILING, AND RECORDING — INSUFFICIENCY OF SURETIES — PROCEEDINGS. It shall be the duty of the board of county commissioners of each county to periodically, but not less than twice yearly, review, examine, and inquire into the sufficiency of all of the official bonds given or to be given by any county or precinct officer as required by law, and if it shall appear that any one or more of the sureties, or any of them, has died, moved from the state, become insolvent, or from any other cause has become incompetent or insufficient surety on such bond, the said board of county commissioners shall cause such county or precinct officer to be summoned to appear before the board on a day to be named in said summons, not less than three (3) nor more than ten (10) days after date, to appear and show cause why he should not be required to give a new bond with sufficient security, and if at the appointed time he shall fail to satisfy said board as to the sufficiency of the present security, an order shall be entered of record by said board requiring such county or precinct officer, to file in the office of the county clerk within ten (10) days, a new bond to be approved as required by law, and in the event such bond is found not sufficient, and a new bond is not filed as ordered, the fact shall be certified by the board of county commissioners to the district court of the county, and shall also be certified to the prosecuting attorney of the county and it shall thereupon become the duty of the prosecuting attorney to cause a hearing to be had in said district court for the purpose of adjudicating and declaring a vacancy in such office, in the event the district court determines, after a hearing, that the bond is in fact insufficient, and such officer fails within five (5) days after the district court has so found to file a new bond with sufficient surety as required by law. Upon the entry of such decree of vacancy it shall thereupon become the duty of the appointing power to fill such office in the manner provided by law.
History:
[59-806, added 1971, ch. 136, sec. 61, p. 522.]
Structure Idaho Code
Title 59 - PUBLIC OFFICERS IN GENERAL
Chapter 8 - BONDS OF OFFICERS AND PUBLIC EMPLOYEES
Section 59-803 - SURETY BOND REQUIRED.
Section 59-804 - SURETY BONDS — BLANKET SURETY BOND — CRIME INSURANCE TERMS AND CONDITIONS.
Section 59-805 - BOND REQUIRED UNDER OTHER LAWS.
Section 59-807 - INSUFFICIENCY OF SURETIES — ADDITIONAL BOND.
Section 59-808 - ORIGINAL BOND NOT DISCHARGED BY ADDITIONAL BOND.
Section 59-809 - RECORD OF OFFICIAL BONDS.
Section 59-810 - SURETIES FOR LESS THAN PENAL SUM.
Section 59-811 - CUSTODY OF OFFICIAL BONDS — CERTIFIED COPIES GIVEN.
Section 59-812 - FORM OF BOND.
Section 59-813 - EXTENT OF SURETIES’ LIABILITY.
Section 59-814 - EXTENT OF SURETIES’ LIABILITY — DUTIES SUBSEQUENTLY IMPOSED.
Section 59-815 - SUITS BY PERSONS INJURED.
Section 59-816 - SUCCESSIVE SUITS BY PERSONS INJURED.
Section 59-817 - DEFECTS IN BOND NOT TO AFFECT LIABILITY.
Section 59-818 - ACTION ON EITHER BOND.
Section 59-819 - SEPARATE JUDGMENT ON BOND.
Section 59-820 - CONTRIBUTION BETWEEN SURETIES.
Section 59-821 - DISCHARGE OF SURETIES BY NEW BOND.
Section 59-822 - VACANCIES — BOND OF APPOINTEE.
Section 59-823 - RELEASE OF SURETIES.
Section 59-824 - RELEASE OF SURETIES — APPLICATION FOR RELEASE.
Section 59-825 - RELEASE OF SURETIES — SERVICE OF STATEMENT.
Section 59-826 - RELEASE OF SURETIES — OFFICE DECLARED VACANT.
Section 59-827 - RELEASE OF SURETIES — REMAINING SURETIES LIABLE.
Section 59-828 - RELEASE OF SURETIES — ACCRUED LIABILITIES UNAFFECTED.
Section 59-829 - ACTION ON BONDS — LIS PENDENS.
Section 59-830 - LIS PENDENS — FILING AND RECORDING — EFFECT — CLERK’S FEES.