Town of Gloster v. Harrell

Citations

• 77 Miss. 793

Syllabus

<p>1. Constitutional Lav. Const. 1890, seo. 82. Official bonds.</p> <p>Section 82, constitution of 1890, requiring- the legislature to fix the penalty of official bonds, has no application to offices created by statute.</p> <p>2. Official Bonds. Municipal treasurer. Approval. Code 1892, § 3055.</p> <p>Where the municipal authorities fix the amount of the bond of the town treasurer, and approve and accept as his official bond a bond bearing only the signatures of those who, without request, became his sureties, it is valid under code 1892, g 3055, providing that such bond shall be valid if delivered as the official bond of an officer and serving as such, and binding on every person who subscribes it for the purpose of making it the official bond of the officer.</p> <p>3. Municipalities. Treasurer. Blectiroe. Code 1892, 12978. Typographical error.</p> <p>The original code 1892, § 2978, on file in the office of the secretary of state, provided for the election of the municipal treasurer; the word “treasurer” is, by error, omitted from the paragraph of $ 2978 specifying the municipal officers to be elected by the people. (Concurring opinion.)</p> <p>4 Code. Printed copies. Original.</p> <p>In ease of typographical errors in the code as printed, the original, on file in the office of the secretary of state, controls. (Concurring opinion.)</p> <p>Oír Second Appeal.</p> <p>5. Municipalities. Official bond. Approval.</p> <p>A defaulting municipal treasurer and his sureties cannot escape liability because his official bond was approved by resolution instead of ordinance.</p> <p>6. Same. Receipt warrant. Code 1892, l 3027. Evidence.</p> <p>The receipt warrants provided for by code 1892, § 3027, were designed for the protection of municipalities, and a treasurer into whose hands, without such warrants, a town’s money has been paid and bis sureties, cannot escape liability therefor because of a failure to show receipt warrants, such warrants not being the exclusive evidence whe