Glidden v. Hopkins ex rel. Dewey

Citations

• 47 Ill. 525

Syllabus

<p>1. School fund—;power of school directors over. In an action against the directors of a school district, upon ah instrument executed by their predecessors, to the following effect:</p> <p>“ State of Illinois, )</p> <p>County of DeKalb.J “ No. 69.</p> <p>DeKalb, Oct. 28, 1862.</p> <p>“ Treasurer of township No. 40, north range No. 4, in said county, Pay to F. S. Hopkins, or bearer, the sum of eighty dollars, out of any money belonging to school district No. 1, in said township: interest ten per cent', per annum, and due two years after date.</p> <p>“ By order of the Board of Directors of said district.</p> <p>“ J. V. Randall,!</p> <p>“H. Thompson, [ Directors.</p> <p>“$80.00. “ R. T. Phillips,)</p> <p>“May 16th, 1866.” “Per Randall:”</p> <p>—Held, that the order was void, being on its face without authority, and that an action would not lie thereon.</p> <p>2. Same —orders drawn upon the school fund—must show on their face for what purpose drawn—statute mandatory. Under our statute all orders drawn upon the school fund must express on their face the purpose for which they are drawn, otherwise they are void. This provision of the law is mandatory.</p> <p>S. Same —payment of interest on—or other recognition of a void order drawn upon the fund—will not rende)• it valid. This order being void in its inception, no act of any succeeding board of directors, by the payment of interest thereon, or otherwise, by the promise of any officer to pay it, can render it valid. ■ A subsequent board of directors, could not ratify an illegal act of their predecessors. The acts of each board must be tested by themselves.</p> <p>4. Same—power by school directors—a personal trust—orders drawn upon must be signed by each director in person. The power to draw orders upon the school fund cannot be delegated by the directors to one of their number, but must be executed in person, by each. The trust being a personal one, one member will not be permitted to act for the others, with or without