People ex rel. Logan County v. Toomey

Citations

• 122 Ill. 308
• 13 N.E. 521

Syllabus

<p>1. COUNTY clebk—compensation. Where the salary and clerk hire of a coun*y clei'k have been fixed by the county board, his office being ono in which fees are provided for, his compensation can only be paid out of the fees actually collected, and can not exceed them. He can only receive the amount so fixed in case the fees of his office equal that sum each year, and ü such fees exceed that amount, he is bound to pay the excess into the county treasury.</p> <p>2. A county clerk, after receiving from fees earned and collected the amount of his salary, clerk hire and other expenses, is not entitled to an allowance by the county board of the fees due him from the county for work done for the county. It would be an idle ceremony to pay him out of the treasury and then order him to pay the same back.</p> <p>3. OOTTCIAL bond—liability of surety. A surety is not to be held beyond the precise terms of his contract. His liability is strictissimi juris, and can not be extended by construction.</p> <p>4. Where the term of an officer is for a definite or fixed period, the surety on his bond is only liable for his faithful performance of his duties during that period. If the bond is silent as to the length of the term, but the statute under which the bond is given fixes the term, the statute, in that regard, will be taken as a part of the contract.</p> <p>5. Same—liability on county clerk’s bond. The condition of a county clerk’s bond was, that he should “perform all the duties which are or may be required by law to be performed by him as county clerk of the said county of L., in the time or manner prescribed by law or to be prescribed bylaw.” After the expiration of his term of office the clerk made a report to the county board, showing in his hands, of fees collected, the sum of $414 over and above his compensation as fixed by the board, and his clerk hire and other expenses of the office, which amount he paid intq the county treasury.. At the same time he presented a bill for