§ 58-72-35. Compelling justification before judge; effect of failure.
§58‑72‑35. Compelling justification before judge; effect offailure.
When oath is made before anyjudge of the superior court by five respectable citizens of any county withinhis district that after diligent inquiry made they verily believe that the bondof any officer of such county, which has been accepted by the board ofcommissioners, is insufficient either in the amount of the penalty or in theability of the sureties, it is the duty of such judge to cause a notice to beserved upon such officer requiring him to appear at some stated time and placeand justify his bond by evidence other than that of himself or his sureties. If this evidence so produced fails to satisfy the judge that the bond issufficient, both in amount and the ability of the sureties, he shall give timeto the officer not exceeding 20 days, to give another bond, fixing the amountof the new bond, when there is a deficiency in that particular. And uponfailure of the said officer to give a good bond to the satisfaction of the judgewithin the 20 days, the judge shall declare the office vacant, and if theappointment be with himself, he shall immediately proceed to fill the vacancy;and if not, he shall notify the persons having the appointing power that theymay proceed as aforesaid. (1874‑5, c. 120; Code, s. 1885; Rev., s. 316;C.S., s. 330.)