Union Bank & Trust Co. v. County of Los Angeles

Upon further consideration of this case on rehearing we adopt the former opinion as modified:

“ The county clerk is by the Constitution made ex officio clerk of the superior court (art. VI, sec. 14), and the legislature is given power to prescribe the duties of the county clerk. (Art. VI, sec. 5; see, also, Pol. Code, sec. 4152.) These duties are set forth in the Political Code. In section 4178 of said code, the duties of the county clerk are stated, and it is therein provided that he must act as clerk of the superior court. Specific duties as clerk of the superior court are thus described as duties of the county clerk. Elsewhere the Political Code provides for the giving of a bond by the county clerk. (Pol. Code, sec. 4022.) The condition of an official bond is that the principal will faithfully perform ‘all official duties then required of him by law and also such additional duties as may be imposed on him by any law of the state of California. ’ (Pol. Code, sec. 954.) Defendant Lampton filed a bond providing that he should faithfully perform all official duties ‘imposed upon or required of him by law, ordinance or the charter of the county of Los Angeles. . . . ’

“ It follows…