Beavens v. Mayor of Houston

Citations

• 54 Tex. 277
• 1881 Tex. LEXIS 17

Syllabus

<p>1. Assessor and collector—Statutes construed.—As a result of the change of a city charter, the assessor and collector of taxes for the city retained his office for three months beyond the period of one year, for which he was elected. During the three months he collected §58,678.63, and the by-laws allowed him four per cent, on the amount collected during the term'of his office; “provided, the aggregate amount of his commissions shall not exceed §4,000 per annum, and in no case shall he withhold for any one month an amount exceeding the average per month of his aggregate commissions.” Held—</p> <p>1. The amount of compensation to which the officer was entitled for each of the three months during which his term was protracted by the change of the charter, could not exceed the maximum monthly payment which he could have received under the by-laws, and this could not exceed one-twelfth of the §4,000 per annum, to which his compensation was limited.</p>