Catts v. Winburn

Citations

• 81 Fla. 756
• 88 So. 918

Syllabus

<p>1. The law in force at the time of the execution of an official bond, giving it a certain legal effect is part of the bond, and the sureties are considered as having known the law and as having made their engagements in reference thereto.</p> <p>2. Official bonds cover not merely duties imposed by existing law,- but duties belonging to and naturally connected with the office, imposed by subsequent laws, although the' new duties should bear some relation to or connection with such office and not- be disconnected. from and foreign thereto. The reason for this rule is that continued power of the Legislature to change the duties of officers is known to the officer and his sureties; and the officer accepts the office, and the sureties execute the bond, with this knowledge.</p> <p>3. A bond conditioned for the discharge of the duties of the office should be understood, not as being restricted to duties as then prescribed by law, but as embracing the duties of the office as from time to time fixed and regulated by the Legislature.</p> <p>4. While the obligation of the sureties on official bonds' should not be extended beyond the fair meaning of the language used, yet the law in force is a part of the bond and the terms used should be fairly construed to accomplish the security designed, within the scope of the language used taken with controlling provisions of law covering the -subject.</p> <p>5. The statute makes it the duty of a Clerk of the Circuit Court “to pay all sums officially received by him into the State or county treasury promptly;” and where the statute prescribes that the official bond of a Clerk of the Circuit Court “shall be conditioned for the faithful discharge of the duties of his office,” and the bond given provides that such Clerk “shall diligently and faithfully perform all the duties of his said office, as prescribed by law,” the obligation of the bond covers filing fees of candidates in primary elections paid to the Clerk for the couny under a st