, 1870-01-18
BOUNTY FUNDS.
Dcctsfon tn tho Superior Couri.
Their Css for Town Purposes Denied.

so,t wss seoer;ly brought In tho Superior Court
By Tovrsn1p T1easortT Of School FoIa Of Z. II,
N. R.1x,v, Nathaniel ]. BroMR, In a4snmpstt,
demand 5000, 70 recover money received oy tne
de3audart u Supervisor, ~ vss claimed, Tor rue
benefit Of the toNn, among which WAS an mex
pended balance Of ths war bounty fund
The queat,on came up Incidentally u to the
right to recover this bounty fund balance. Tne
corn Portez, Jusuce,) decided, tn whiting, as FOL.
Iowa: .-.
The bounty fuud In auesston waa ta!sad By q
tar upon tho taxable property Of the town OF Ls-
nont, sutho1tzed ny special act Of tue Le2tsla.
tQrc CT February 8, 1885. It Wal raised for the
pu1pose Of paying pounties, and IT. MSS was limit.
ed to thar pnrpoee. Thoae town od1cers, who, By
the provtsons Of tne act have to do With thia fund
axe required 10 give special hond1 for tta tsithtal
dtHcbarRo Of thar duties under the act Thefe
dutiez are entirely dl1ttnct from tnoaa ptstainnx
70 lhe.r Tespsc,lve town ot1ces. u the terms OF
the Law tho Town ClefI Il made Ih6 legal cn1to-
dan Il tbe fund, and Tue money e TO be pad over
10 him rnen c0rec:ed y The Collector. 1a csss
~ 5m1 Ssa h9s ssns m " y e. ans M saa IT,
faithful discharge Of his duties, tae supervisor,
Atses sos, AID Collector are 70 appoint suitaole
Is tie sonrce from which Is derived all autnorst5
il sppea.s from the evidence that when tue tsx
had bt en- collected tie then Supervisor tsnotaer
detel dabt} obtained part Of 1t IRON the con1tT
TieatuFer, abd 3 part OF II from tho Collector Of
the town, and that tho toen rown CleIk Iecslsed
.!eo pA{L Whether the ToRD Clerk 1'ed tn
seqn'rtd berd, uheIher aaJ sc'ion was taken 10
appoint the Supervisor the cusiottan VI tue faul.
or whether There was any attempt made 10 o.
serve the requirements OF the law II rtspecE to
the custody Of 1ne fuua, Te do not Know. The
ty!uence Is silelt on tue subject II nnS be fair
to rretrue that there Wis, hoTeses II NOT,
tbote nttcess htd 10 right 10 receive the money,
Apd the Cous ctor or the County Treasurer had 10
t!ett 10 pay It ovsr 10 them. .-....
B h1xeser ass a{ ee ne Doau5y one
| ano TOWN Clerk. we're 1ot town moueYA They
were oiau-o. 1nud, Eats*1 tor tns object speci
| p.fpote. They |ere 50 uested. and we're Kept
i d1stlpct and ere used for bounty parpoaea. and
10 Other. The law determined how aod oy gnom
| tney xefe To ba expended. abd the to IN othcera
deslcDased IL the law 81 the custodian and as me
| dt.1utsets at the tuI0, ID actirg as soch. acted
pofs;ei boay, the town which Is p!ainuG In
this suit. No act OF these onlcrrs coald
charge tie fund from war bounty fnn1 iuto
| lecesAl toxn Gotd. When, thetetote. the Super
vaor and Town CLERK PAID over to tha defenuaot
what IS left Of tue f1pd. It sl lets'ned lts nis,
t1rct.To character aIn could not be used TOT town
co light 10 #. And, when the furd vas no logger
n.edtd for the specific purpose for which It wsa
raI5sd that fecs gave the toxn no right 10 It. and
t0e1pend 1t for amy other purpose. OF 10 aare the
| custody OF It. There vas a necessity that eoue
| COZ pettrt authority Ghouid intervene and co11ei
scch rgbt before It couId exist
1t il lot shown, ~ claa ed. that any action hRs
been taken by anJ competent az hostfy foF tne
rnrpose Of Investing tbs plaln'l IN ln,s case sitn
ihe right to The 1uud or 10 iebur-e IL Or to exes'
cise any custody or c1ntfol oYeF It, aud l think
therefore, that no such right exista The Eespon.
sstil!t, for this furd and its este-keep'nf rests
j Hrs1e the iaH has placed II, snd tnhr Il NOS npor
| the town 1t would be an un1a %f1l dlVeralon o.
The fuLd to allow tho plaint,n to recover IN 1htl
cut. Such q Judgment would carry with It the
Aushority TO use tue fund az general to6u IduC
It il urged, ho. .eves, ,hst the defendant, having
recetsed theee funds - superrlsor and Ieeelpsss
estcpped from saJrg COW that tbs to IN Is not en-;
t,ltd to recover snem. ose ansWer 70 tbs,
missions Or stateMenrs lncons1stent wan the posi-
top lakeu By the defertaot IN this Huak- Tue de-
ferdsuh when he received thts fund signed Mm.
aeli Supervisor because be vas anch He made
tp adGlseion that he sc.ed Otherwise than ugdel
the law aboTe referred to o. a. custodian of tae
"toun1y fund IL tue tane receipt he reee'pted
! dtttnct and desznatef as above.
The question Il, Has the town the Ie4a, Hight Il
| this tn1d I and tie law determines that question
I No end Of tuht!ce or conscience would ee B1e
stIved By deciding 1t upon the DECLARATION or c0n'
duct Of the defendant OF Gther persone, even !
tSsn
sos, aEd do cot think the reason Of It appes Z
1n!s cadt. In hat case the county raa fesponst
|
tn order TO retn1n It to meet IT. liability for TIT
urlas ful COLLECTION. Tae Sheriff bad acted as tnt
| agent OF the comfy n collecting the tax. and b.
= the sesa becauae he mad acted under yo't
1tn..xs noa tn collecting It, for be had usst
sheee @ ss,..'f pen,,,:. Of tho county
ne n,n.r easts >.Ited nre more ID point On th!
potItion taien By pia:1ttns coa1sel,1and fnsnl ~
| veil 1Afep, that the oe1ea dantA oblecslon tna
Ibis suit ahould 10 dtsmlssed Aecanse not author
ixed ~ vote aftowu meeting, waa pot t9 nT 4
at the tttal, but ahonld hava been L nee " Piea
| aeatt ment Of motion At the earliest A9uLneat.
I The leGult 1t which afI3Vo Is th8t Noe Raatnll
| cauro, recover any Of tpis bounty fund. I'M ~
al decide respecting this fnnd. Thefe 10 a.o-ae
| kult BY other parties 10 rec0ver1t
] On the t1lal odef was made to prove 9TH
| moneys than bounty moneys received b. the de-
| fendant for the p!alnt,0. The proof was excluted
on the grouId that the pill Of particulars did not
cclrr+pord d or A8 rot snf1clent. An order viii
be entered allowing the plaintiff to introduce soct
proof