Purcell v. Town of Bear Creek

Citations

• 138 Ill. 524
• 28 N.E. 1085

Syllabus

<p>1. Radqboad aid bonds—issued by a township, are a town charge.. The indebtedness incurred by a town in aid of a i’ailroad before the adoption of the constitution of 1870, and town bonds issued for the purpose of funding the town indebtedness, which are registered in the office of the Auditor of Public Accounts, are a towh charge under section 125 of the Township Organization law.</p> <p>2. Town supebvisob—duty to receive a/nd disburse town tax—liability on official bond. A town tax levied by the town auditors to discharge1 a town liability, by the payment of some of the bonds of the town when collected, is money directed by law to be raised for a town purpose, which it is the duty of the supervisor to receive and disburse, and for which he and his sureties are liable On his official bond.</p> <p>3. Where town taxes are levied and collected for the payment of registered town bonds, and paid over to the supervisor of the town, and he delivers the money to the county treasurer, who fails to apply the same in payment of such bonds, the supervisor and the sureties on his bond will be liable to the town for such money.</p> <p>4. Same—estopped from questioning the levy and collection of tax received by him. After the levy and collection of town taxes by the town authorities for the purpose of paying town liabilities, and receipt by the supervisor as such, he and his sureties will be estopped from calling in question the regularity of the steps taken by the town authorities to levy and collect the money.</p> <p>5. Supebvisob’s bond—condition in conformity to statute. The condition of a supervisor’s bond, that if he shall faithfully discharge the duties of his office, as supervisor, required of or enjoined upon him by the laws of the State in relation to the town revenue, to the best of his skill and abilities, then the obligation to be void, otherwise to remain in full force, is in substantial conformity with the statute, and binding upon the officer and his sureties.</p