Ross v. People ex rel. Johnson

Citations

• 78 Ill. 375

Syllabus

<p>1. Mandamus—to compel approval of an official bond. Where an officer, required by law to execute a bond to be presented to and approved by another officer, before entering upon the duties of his office, presents two different bonds, at two different times, for approval, and both are refused, and he applies for a mandamus to compel approval, the petition and the order for the writ should both designate the particular bond to be approved.</p> <p>2. Township collector. The statute requires a township collector to give a bond within eight days after he receives notice of the amount of taxes to be collected by him, and also requires the county clerk to have the collector’s books ready for delivery to him within ten days after the first of December, and that the collector shall, within the same time, or as soon thereafter as he is qualified, call at the county clerk’s office for the books, and there is no provision for notice being given to the collector of the amount of tax to be collected; hence it is the duty of the collector to call at the clerk’s office and there get the notice of the amount of tax, within the time provided by law for the books to be ready for delivery.</p> <p>3. Where a township collector received from the county clerk an official bond, with the proper amount named in it, for him to execute and obtain securities on, this was a sufficient notice of the amount of, taxes to be collected by him, and it was his duty to have the bond executed and presented to the proper authority for approval within eight days thereafter, and his failure to do so was properly deemed a refusal to serve, and the town board were justified in refusing to approve such bond when afterwards presented, and in appointing another person to the office.</p>