Cooper v. People ex rel. Madison County

Citations

• 85 Ill. 417

Syllabus

<p>1. Surety—liability construed strictly. The undertaking of a surety is to he construed strictly, and he is hound to the extent, and in the manner, and under the circumstances pointed out in his obligation, and no further. This rule applies to sureties on official bonds.</p> <p>2. Same—where sheriff is ex officio collector—what sureties are liable for revenue collected. The sureties on a sheriff’s bond are not liable for the failure of the sheriff, as ex officio collector, to pay into the county treasury the commissions retained by him out of the revenue for collecting it, in excess of the amount to which he is entitled as compensation under the allowance of the county board, but the sureties on his bond as collector are liable.</p> <p>3. Fees and salaries—collector's commissions above his allowance to be paid into county treasury. Where the sheriff has received from other sources the amount of his compensation as fixed by the county board, it is his duty, as collector, to pay over his commissions for collecting the revenue to the county treasurer, and his bond as such is not satisfied until he does.</p>