2-9-513. Insufficiency of sureties -- action to vacate office. (1) Whenever it is shown by the affidavit of a credible witness or otherwise comes to the knowledge of the court, judge, board, person, or body whose duty it is to approve the official bond of any officer that the sureties on any bond given pursuant to the provisions of this part or any one of them have, since such bond was approved, died, removed from the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such bond, the court, judge, board, officer, or other person may issue a citation to such officer requiring him on a day therein named, not less than 5 or more than 10 days after date, to appear and show cause why such office should not be vacated, which citation must be served and return thereof made as in other cases.
     (2) If the officer fails to appear and show good cause why such office should not be vacated on the day named or fails to give ample additional security, the court, judge, board, officer, or other person must make an order vacating the office. The same must be filled as approved by law.

     History: En. Sec. 1067; Pol. C. 1895; amd. Sec. 5, p. 81, L. 1899; re-en. Sec. 395, Rev. C. 1907; re-en. Sec. 486, R.C.M. 1921. Cal. Pol. C. Sec. 964; re-en. Sec. 486, R.C.M. 1935; R.C.M. 1947, 6-317.