Territory v. Howell

Citations

• 23 Haw. 797
• 1917 Haw. LEXIS 24

Syllabus

<p>Officers — official bonds — breach of condition to perform duty.</p> <p>The failure of a public officer to perform a duty resting upon him by virtue of bis office constitutes a breach of condition of a bond given for the faithful performance of the duties of his office.</p> <p>Same — same—obligee—action on bond.</p> <p>Where an improper obligee has been named in an official bond an action on the bond may be maintained in the name of the obligee for the use and benefit of the proper party, and the damages will be measured by the interest of that party.</p> <p>Counties — ordinances—appointment of officers.</p> <p>An ordinance of the county of Maui providing for the appointment of a county engineer and defining his duties held not to conflict with the provision of statute (R. L. 1915, Sec. 1509) that the executive officer of the board of supervisors “shall exercise and have general supervision and control over all county affairs, and shall manage the same subject to the advice and direction of said board,” nor to have been nullified or repealed by the provision of Act 217 of the Session Laws of 1915, that the executive officer shall “have the power and right to take charge of all county road work and other public construction work of the county,” it not appearing that such power had been exercised.</p>