Bennett v. State ex rel. Lincoln County

Citations

• 58 Miss. 556

Syllabus

<p>1. Sheris’I’. Failure to give new bond under sect. 316, Code of 1871. Effect.</p> <p>Sect, 316 of the Code of 1871 provided that, if the sureties of any county officer, conceiving themselves to be in danger of suffering by their suretyship, should present a petition to the Board of Supervisors and give the prescribed notice to the officer, “the said board shall have full power to order that the said officer shall give a new bond, with other good sureties, within such reasonable time as the board may direct; and, on the giving of such bond and the appi’oval thereof by said board, the former sureties shall be discharged from further liability on their bond as to the performance of all official duties after the giving of such new bond; and if such officer shall fail or refuse to comply with said order to give a new bond, his office shall thereby become vacant, and such vacancy shall be certified by the clerk of the board, and the office shall be filled as in other cases of vacancies in county offices.” The failure of a sheriff to give a new bond in compliance with an order of the Board of Supervisors, made as provided for in the above quoted section, rendered the office void ipso facto, without any further act on the part of the State or its agents.</p> <p>2. Same. Vacancy in office, under sect. 316, Code of 1.871. Effect as to sureties.</p> <p>Where the office of sheriff has become vacant by the sheriff’s failure to give a new bond required under sect. 316 of the Code of 1871, the sureties on his original bond are, by virtue of such vacancy, discharged from liability for any official malfeasance or non-feasance by him after the occurrence of the vacancy.</p>