§ 49-13. How new or additional bonds required and given; failure to give.
The proper court, whenever, in its opinion, it may be necessary for theprotection of the public interests, may order any officer, of whom a bond isrequired by law, to give a new bond, or a bond in addition to one alreadygiven, within such time, not less than ten nor more than thirty days, as thecourt may prescribe; but the officer shall be served with a copy of a summonsor rule, at least ten days before the order is made, citing him to appear andshow cause against the same. The summons or rule shall be awarded wheneverthe court deems it proper, or on application to the court by the attorney forthe Commonwealth, or, if the application is to the Supreme Court or the Courtof Appeals, by the Attorney General. Such order shall be made by the circuitcourt of the county or city, if such officer is an officer of such county orcity or any district thereof or by the Supreme Court or Court of Appeals, ifhe is a clerk of either court. Any new bond or additional bond given beforethe Supreme Court or the Court of Appeals shall be certified and transmittedto the clerk, to whom the original bond is required to be delivered, to berecorded by him. The bond may be given before the court requiring it or thejudge thereof in vacation, or, if the court is the Supreme Court or the Courtof Appeals, before either court or any three of the judges thereof invacation; and when the bond is given in vacation, it shall be certified andreturned by the judge or judges, before whom it is given, to the clerk of theproper court, who shall file and record the same in his office. If anyofficer fail or refuse to give the bond so required of him within the timeprescribed, his office shall be deemed vacant.
§ 49-13. How new or additional bonds required and given; failure to give.
The proper court, whenever, in its opinion, it may be necessary for theprotection of the public interests, may order any officer, of whom a bond isrequired by law, to give a new bond, or a bond in addition to one alreadygiven, within such time, not less than ten nor more than thirty days, as thecourt may prescribe; but the officer shall be served with a copy of a summonsor rule, at least ten days before the order is made, citing him to appear andshow cause against the same. The summons or rule shall be awarded wheneverthe court deems it proper, or on application to the court by the attorney forthe Commonwealth, or, if the application is to the Supreme Court or the Courtof Appeals, by the Attorney General. Such order shall be made by the circuitcourt of the county or city, if such officer is an officer of such county orcity or any district thereof or by the Supreme Court or Court of Appeals, ifhe is a clerk of either court. Any new bond or additional bond given beforethe Supreme Court or the Court of Appeals shall be certified and transmittedto the clerk, to whom the original bond is required to be delivered, to berecorded by him. The bond may be given before the court requiring it or thejudge thereof in vacation, or, if the court is the Supreme Court or the Courtof Appeals, before either court or any three of the judges thereof invacation; and when the bond is given in vacation, it shall be certified andreturned by the judge or judges, before whom it is given, to the clerk of theproper court, who shall file and record the same in his office. If anyofficer fail or refuse to give the bond so required of him within the timeprescribed, his office shall be deemed vacant.
§ 49-13. How new or additional bonds required and given; failure to give.
The proper court, whenever, in its opinion, it may be necessary for theprotection of the public interests, may order any officer, of whom a bond isrequired by law, to give a new bond, or a bond in addition to one alreadygiven, within such time, not less than ten nor more than thirty days, as thecourt may prescribe; but the officer shall be served with a copy of a summonsor rule, at least ten days before the order is made, citing him to appear andshow cause against the same. The summons or rule shall be awarded wheneverthe court deems it proper, or on application to the court by the attorney forthe Commonwealth, or, if the application is to the Supreme Court or the Courtof Appeals, by the Attorney General. Such order shall be made by the circuitcourt of the county or city, if such officer is an officer of such county orcity or any district thereof or by the Supreme Court or Court of Appeals, ifhe is a clerk of either court. Any new bond or additional bond given beforethe Supreme Court or the Court of Appeals shall be certified and transmittedto the clerk, to whom the original bond is required to be delivered, to berecorded by him. The bond may be given before the court requiring it or thejudge thereof in vacation, or, if the court is the Supreme Court or the Courtof Appeals, before either court or any three of the judges thereof invacation; and when the bond is given in vacation, it shall be certified andreturned by the judge or judges, before whom it is given, to the clerk of theproper court, who shall file and record the same in his office. If anyofficer fail or refuse to give the bond so required of him within the timeprescribed, his office shall be deemed vacant.
