State ex rel. Lyne v. Kennedy

Citations

• 90 Ohio St. (N.S.) 75

Syllabus

<p>Office and officers~S'alary law—County recorder not entitled to additional compensation, when—Sections 2977 to 3004, General Code —County recorder and sureties jointly liable—To suit on bond for money so received, when.</p> <p>1. The salary law, Sections 1296-11 to 1298, Revised Statutes (now Sections 2977 to 3004, General Code), which commands that the county recorder shall receive as public money for the sole use of the county, and pay into the county treasury quarterly, all fees, costs, percentages, penalties, allowances and perquisites of whatever kind collected by his office as compensation for services, and that such officer shall receive out of the general county fund, a designated annual salary, which shall be instead of all such fees, etc., and all other perquisites which such officer may collect, forbids the recorder to retain for his own use and benefit any compensation awarded him by the county commissioners for making general indexes under favor of Sections 1154 and 1158, Revised Statutes (modified in Sections 2766 and 2780, General Code).</p> <p>2. A county recorder who fails to pay over to the county treasurer, and appropriates to his own use, any money so collected and received by him, is liable jointly with his official sureties, to a suit upon his bond for the recovery of the money so retained, with interest from the end of the quarter in which such funds were collected.</p>