Colorado § 24-13-105 - County board to examine bonds - new bond.

§ 24-13-105. County board to examine bonds - new bond.

It is the duty of the board of county commissioners of each county, at each regular term, on the first day of each term, to examine and inquire into the sufficiency of the official bond of the county treasurer, sheriff, coroner, county assessor, county clerk and recorder, and county surveyor and all other official bonds given by any county officer, as required by law. If it appears that one or more of the sureties on the official bond of any such county officer have removed from the county, died, or become insolvent or of doubtful solvency, the board of county commissioners shall cause such officer to be summoned to appear before said board, on a day to be named in said summons, to show cause why he should not be required to give a new bond, with sufficient surety. If, at the appointed time, he fails to satisfy said board as to the sufficiency of the present surety, an order shall be entered of record by said board, requiring such officer to file in the office of the county clerk and recorder, within twenty days, a new bond, to be approved as required by law, unless the number and pecuniary ability of other sureties on the bond are such as to satisfy the board that the bond is sufficient, notwithstanding the fact that one or more of the sureties on said bond may have removed, died, or become insolvent or of doubtful solvency, in which case the bond in question, in the discretion of said board, may be held to be sufficient.

Source: R.S. p. 485, § 6. G.L. § 1936. G.S. § 2482. R.S. 08: § 4684. C.L. § 7968. CSA: C. 117, § 6. CRS 53: § 99-1-5. C.R.S. 1963: § 99-1-5. L. 64: p. 294, § 236.

ANNOTATION

Finding of insufficiency prerequisite to requiring new bond. The board of county commissioners has no jurisdiction to require the filing of a new bond without a finding of the insufficiency of the original one. People ex rel. Carr v. Brown, 23 Colo. 425, 48 P. 661 (1897).

District judge has no jurisdiction to require county commissioner to give new bond, because bonds of county commissioners are within the meaning of the term "other official bonds, given by any county officer, as required by law". People ex rel. Jones v. District Court, 18 Colo. 293, 32 P. 819 (1893).