may be declared vacant for want of bond. SEC. 975. In ten days after the service of such notice When office the Judge, Court, Board, officer, or other person with whom the same is filed must make an order declaring such office vacant, and releasing such surety from all liability thereafter to arise on such official bond, and such office thereafter is in law vacant, and must be immediately filled by election or appointment as provided for by law as in other cases of vacancy of such office, unless such officer has before that time given good and ample surety for the discharge of all his official duties as required originally. mental SEC. 976. Whenever from any cause a surety on the Suppleofficial bond of any officer elected or appointed under the bond. laws of this State withdraws from his bond or becomes insolvent, or from other cause becomes incompetent to remain as surety thereon, such officer may file a supplemental bond, executed and approved in the same manner as the original bond, for the amount for which the surety so withdrawing or incompetent was bound by the original bond. SEC. 977. The release, discharge, voluntary withdrawal, Same. or incompetency of a surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or change their liability in any respect. SEC. 978. Whenever a surety on any official bond gives Same. notice of intention to withdraw therefrom, or is removed or becomes otherwise incompetent, the principal on the bond must within ten days after such notice or disqualification execute and file, subject to the same conditions as the original, a supplemental bond, wherein must be recited the names of the remaining original sureties and the name or names of the new surety or sureties, and the respective amounts for which he or they become bound who are substituted in lieu of the surety or sureties released or disqualified. SEC. 979. Whenever the original bond is given for an Same. amount in excess of the sum required by law, if the Effect of discharge of sureties. Provisions of Article apply to bonds of administrator, etc. Bonds of receivers, assignees, etc. Actions on official bonds, effect of. withdrawal or removal of any surety does not reduce the bond below the amount required by law to be secured by sureties, then no supplemental or additional bond is required or necessary; and whenever any supplemental bond is so filed and approved, the officer with whom the bond is filed, or in whose office the same is recorded, must give ten days notice-by publication in some paper published in the county, or if there is no paper in the county, then in the county nearest thereto in which a newspaper is published, and in case of the bond of a State officer, in some paper at the City of Sacramento-of the fact of the filing of the bond and the name of the party withdrawing from the former and the substitute on the new bond; and until the filing and approval of the supplemental bond the sureties on the former bond are liable for all the acts of their principal. SEC. 980. No surety must be released from damages or liabilities for acts, omissions, or causes existing or which arose before the making of the order mentioned in section nine hundred and seventy-five, but such legal proceedings may be had therefor in all respects as though no such order had been made. SEC. 981. The provisions of this Article apply to the bonds of executors, administrators, and guardians. " SEC. 982. All bonds or undertakings given by trustees, receivers, assignees, or officers of a Court in an action or proceeding for the faithful discharge of their duties, where it is not otherwise provided, must be in the name of and payable to the State of California; and upon the order of the Court where such action or proceeding is pending may be prosecuted for the benefit of any and all persons interested therein. SEC. 983. When an action is commenced in any Court in this State for the benefit of the State, to enforce the penalty of or to recover money upon an official bond or obligation, or any bond or obligation executed in favor of the State of California, or of the people of this State, the official bends, effects of. attorney or other person prosecuting the action may file Actions on with the Court in which the action is commenced an affidavit, stating either positively or on information and belief that such bond or obligation was executed by the defendant or one or more of the defendants (designating whom), and made payable to the people of the State, or to the State of California, and that the defendant or defendants have real estate or interest in lands (designating the county or counties in which the same is situated), and that the action is prosecuted for the benefit of the State; and thereupon the Clerk receiving such affidavit must certify to the Recorder of the county in which such real estate is situated the names of the parties to the action, the name of the Court in which the action is pending, and the amount claimed in the complaint, with the date of the commencement of the suit. SEC. 984. Upon receiving such certificate the County Same. Recorder must indorse upon it the time of its reception, and such certificate must be filed and recorded in the same manner as notices of the pendency of an action affecting real estate; and any judgment recovered in such action is a lien upon all real estate situated in any county in which such certificate is so filed belonging to the defendant, or to one or more of such defendants, for the amount that the owner thereof is or may be liable upon the judgment, from the filing of the certificate; and the fees due the Clerk and Recorder for the services required are a charge against the county where the suit is brought, to be recovered like other costs. SEC. 985. Every officer or body appointing a deputy, Clerk, or subordinate officer may require an official bond to be given by the person appointed and may fix the amount thereof. Bonds of Deputies, ARTICLE X. RESIGNATIONS, VACANCIES, AND THE MODE OF SUPPLYING THEM. SECTION 995. Resignations, to whom made. 996. Vacancies, how they occur. Resignaitons, to whom made. Vacancies, how they occur. SECTION 997. Notice of removal, by and to whom given. 998. Vacancies in Legislature, how filled. 999. Vacancies, how filled when not otherwise provided for. 1003. Vacancies in Board of Directors of Insane Asylum, 1004. Power and duty of officers filling unexpired terms. SEC. 995. Resignations must be in writing, and made as follows: 1. By the Governor and Lieutenant Governor to the Legislature, if it is in session; and if not, then to the Secretary of State; 2. By all officers commissioned by the Governor, to the Governor; 3. By Senators and members of the Assembly, to the presiding officers of their respective Houses, who must immediately transmit the same to the Governor; 4. By all county and township officers not commissioned by the Governor, to the Clerk of the Board of Supervisors of their respective counties; 5. By all other appointed officers, to the body or officer that appointed them; 6. In all cases not otherwise provided for, by filing the resignation in the office of the Secretary of State. SEC. 996. An office becomes vacant on the happening of either of the following events before the expiration of the term: 1. The death of the incumbent; 2. His insanity, found upon a Commission of Lunacy issued to determine the fact; 3. His resignation; 4. His removal from office; 5. His ceasing to be an inhabitant of the State, or if the office be local, of the district, county, city, or township for which he was chosen or appointed, or within which the duties of his office are required to be discharged; 6. His absence from the State without permission of the Legislature beyond the period allowed by law; 7. His ceasing to discharge the duties of his office for the period of three consecutive months, except when prevented by sickness or when absent from the State by permission of the Legislature; 8. His conviction of a felony, or of any offence involving a violation of his official duties; 9. His refusal or neglect to file his official oath or bond within the time prescribed; 10. The decision of a competent tribunal declaring void his election or appointment. SEC. 997. Whenever an officer is removed, declared insane, or convicted of a felony or offence involving a violation of his official duty, or whenever his election or appointment is declared void, the body, Judge, or officer before whom the proceedings were had must give notice thereof to the officer empowered to fill the vacancy. SEC. 998. Whenever a vacancy occurs in either House of the Legislature the Governor must at once issue a writ of election to fill such vacancies. NOTE.-State Constitution, Sec. 13, Article IV. SEC. 999. When any office becomes vacant, and no mode is provided by law for filling such vacancy, the Governor must fill such vacancy by granting a commission, to expire at the end of the next session of the Legislature or at the next election by the people. NOTE.-State Constitution, Sec. 8, Article V. SEC. 1000. Vacancies occurring in office during the recess of the Legislature, the appointment to which is vested in the Governor and Senate, or in the Legislature, must be filled by appointment made by the Governor, but the person so appointed can only hold the office until the adjournment of the next session of the Legislature. Stats. 1863, p. 390. SEC. 1001. A vacancy in the office of either the Secre |