Baysinger v. People

Citations

• 115 Ill. 419
• 5 N.E. 375
• 1886 Ill. LEXIS 1015

Syllabus

<p>1. Discontinuance of township ■ obganiz ation—duty of town officers as to the disposition of the town records—and what is a town record. Section 25, of chapter 139, relating to township organization, imposes the duty upon all township officers who have in their possession any records pertaining to their respective offices, to deposit them in the county clerk’s office in case the township organization system shall be discontinued in their county, and this without any demand or request.</p> <p>2. Under that section, the town officer, however, is not required to deliver the records held by him, to the county clerk personally, but to deposit them “in the county clerk’s office.” A delivery to a party in charge of the county clerk’s office, whether the clerk himself, or a deputy, or even a temporary custodian, if made in good faith, will exonerate the officer making it from all liability under section 216 of the Criminal Code.</p> <p>3. Section 104-of the same chapter of the Revised Statutes, makes it the duty of each supervisor “to'keep a just and true account of the receipts and expenditures of all moneys which shall come into his hands by virtue of his office, in a book to be provided for that purpose at the expense of the town,” which “shall be delivered to his successor in office.” This makes the supervisor’s book a record of his town, which it is his duty, on the discontinuance of the township system, to return to the office of the county clerk, without a demand or request from any one.</p> <p>4. Same—criminal liability of town officer for withholding records—of the elements of the offence. By section 216 of the Criminal Code, the failure or neglect of a supervisor of a town, upon the discontinuance of the township system in his county, to deposit in the county clerk’s office the record or book in which were kept his accounts with the town, is made an indictable offence. It is not necessary to a conviction under this section, that any request or demand shall be m