If any officer or person enumerated in section 24-13-105 fails to file a new bond within the prescribed time when so required by an order entered of record requiring the filing of such new bond, the officer in default shall be deemed to have vacated his office, and the same steps shall be taken to fill such vacancy thus created as are taken to fill a vacancy by the death or resignation of such officer.
Source: R.S. p. 486, § 10. G.L. § 1940. G.S. § 2486. R.S. 08: § 4687. C.L. § 7971. CSA: C. 117, § 9. CRS 53: § 99-1-8. C.R.S. 1963: § 99-1-8. L. 2013: Entire section amended, (HB 13-1053), ch. 41, p. 112, § 4, effective March 15.
ANNOTATION
Two proceedings are authorized for failure to find a new bond: One is to be initiated by the board of county commissioners and is predicated upon the insufficiency of the officer's original bond under § 24-13-105, and the other is a bondsman who is unwilling to be security for the officer under § 24-13-109. It follows, therefore, that an information to oust or exclude an officer from his office, because of his failure to file a new bond, must, by apt averments, bring the case within one of these provisions. People ex rel. Carr v. Brown, 23 Colo. 425, 48 P. 661 (1897).