Lovingston v. Board of Trustees

Citations

• 99 Ill. 564
• 1881 Ill. LEXIS 212

Syllabus

<p>1. School treasurer- — compensation. The statute in express terms prohibits the allowance of any pay to a school treasurer for the performance of any duty imposed on him by law, over and above the compensation fixed by the board of trustees before his appointment.</p> <p>2, Where a treasurer of a school township procured from an incorporated city its bonds for an indebtedness due from it to the school fund, which he negotiated, and realized the money, it was held, that he was entitled to no extra compensation for such services, and that if he was, an allowance of fifteen per cent, making a sum of $1500, was exorbitant in the extreme.</p> <p>3. Same — his duty. It is the duty of a school township treasurer to demand, receive and safely keep, according to law, all moneys, books and papers of every description belonging to his township, and where a city is liable to the school fund for moneys received for license fees, it is his duty to receive the same, and he has no authority to receive city warrants in lieu of money, or to procure the issue of city bonds for the same, and sell the same at a discount. If he receives city orders on its treasurer, it is his duty to demand the money, and if necessary to sue and recover judgment for the amount, and take steps for its collection.</p> <p>4. School trustees — when personally liable. To make the trustees of schools liable, under sec. 64 of the School law, for the wrongful act or neglect of duty by their treasurer, such act or neglect must be required by'an order of the board entered upon their journal, and signed by the president and clerk. The section being highly penal, to render the trustees liable the provisions of the statute must be strictly fulfilled.</p> <p>5. School fund — treasurer liable for moneys collected, even though not legally belonging to the fund. Even if the school fund of a township is not entitled to receive from an incorporated city a portion of its revenues derived from the license of dram-shops, y