Loving v. Auditor of Public Accounts

Citations

• 76 Va. 942
• 1882 Va. LEXIS 96

Syllabus

<p>1. Public Officers— Compensation.—For reasons of public policy, the power of the legislature to change the compensation of public officers is absolute, except so far as it may be limited by the fundamental law. Such limitation is found in the constitution of this State, as respects the salaries of certain enumerated officers.</p> <p>2. Idem—Idem—Sureties.—This applies also to sureties on official bonds of public officers. There being no contract between the State and its officer that during his term his compensation shall not be changed, and the power to change it being absolute, the sureties must be held to- have signed the bonds of their principal with reference to the existence of this power, and their liability thereon is not affected by such change.</p> <p>3. Construction of Statute— Countersigning drafts.—If, by the provisions of Code 1873, ch. 206, § 58, the legislature intended all drafts drawn by the general agent of the penitentiary to be certified by the superintendent and countersigned by the governor; the failure to certify and to countersign these drafts does not affect the liability of his sureties for money so drawn and received by him. These provisions are merely directory to such officers, and form no part of the contract with the sureties-</p> <p>4. General Agent—Material purchased.—Where the general agent of the penitentiary bought raw material for the State, and gave therefor his notes signed by himself with the letters “G A” (meaning general agent) appended, but the State assumed the liability and paid the notes, the general agent and his sureties are entitled to no credit therefor, as for material purchased on his individual responsibility.</p> <p>5. Idem—Sureties—Credits for compensation.—The legislature having reduced the general agent’s compensation, he and his sureties are entitled to credit for the reduced compensation, and not for the compensation at the rates allowed by the law in ‘force at the dates of the official bonds. But as by