Beard v. City of Decatur

Citations

• 64 Tex. 7

Syllabus

<p>1. Fees of office — Statute construed — Municipal government — City treasurer.— One who has been duly appointed and who qualifies as treasurer of a city, incorporated under the provisions of the general laws of the state, becomes as such the sole receiving and disbursing officer of the city, and the fidelity of his conduct in the performance of official duty is secured by bond.</p> <p>2. Same. — The municipal authorities of such a city cannot, having a treasurer thus appointed and qualified, place its money in the hands of its mayor, or of any one else, to be by him disbursed, and thereby defeat the rights of the treasurer to commissions on money which should have been delivered to such treasurer and by him have been disbursed. When moneys of the city are disbursed by any other agency than by such treasurer, a right of action exists in favor of the treasurer for the amount of commissions he would have received had he disbursed it.</p> <p>3. Same, — Though the city council of a city incorporated under general law has power to impose on any of its officers duties other than those prescribed by the general law (R. S., art. 367), it has no power to confer on one officer the powers, duties and rights appertaining to another officer under the law.</p> <p>4. Oases cited and approved. — The People v. Oulton, 28 Cal., 44; The People v. Smyth, 28 Cal., 21; Mayor, etc., v. Woodward, 12 Heisk., 499; Dolan v. Mayor, etc., 68 N. Y.; and The Auditors v. Benoit, 20 Mich., 191, cited and approved.</p> <p>5. Cases reviewed. — The Auditors v. Benoit, 20 Mich., 191; and McVeany v. The Mayor, 80 N. Y., 192, reviewed.</p>