Dignan v. Shields

Citations

• 51 Tex. 322

Syllabus

<p>1. Collector of 'customs.—A collector of customs may delegate to his deputy the duty of receiving and keeping customs moneys, as cashier in his office, without violating the regulation prohibiting customs officers from performing their duties by substitutes.</p> <p>2. Deputy collectob of customs.—A deputy collector of customs may, in case of the absence, disability, or death of his principal, perform the duties of collector in receiving and keeping customs moneys, as well as other duties of collector, without such special duty being designated in his appointment.</p> <p>3. Deputy collector of customs.—The collector of customs is responsible for the acts of his deputy, and, even when performed after his death, his estate is responsible. Though the l.aw prescribes no bond for the deputy, the collector may exact one, for his security against defalcation, before or after the appointment of the deputy.</p> <p>4. Bond.—See case for a common-law bond, voluntarily given, which was held to have been properly enforced.</p> <p>5. Evidence—Practice.—In a suit against a security on an officer’s bond, for the defalcation of his principal, it is immaterial whether the admissions of the principal were correctly admitted in evidence or not, the defalcation being sufficiently established by evidence aliunde, and the case tried without the intervention of a jury.</p> <p>On Motion for Rehearing.</p> <p>1. Deputy collector of customs.—AVhilst deputy collectors are constituted and appointed by the collector with the approval of the Secretary of the Treasury, their tenure of office is, in the opinion of this court, de facto at the will of the collector.</p> <p>2. Collector of customs.—AVhilst the regulations forbid a collector of customs from residing out of his district, farming out his office, and performing his duties by substitute, he is not prohibited from acting by his deputy in the receipt and custody of customs moneys, or the performance of other official duties.</p> <p>3. Depu