, 1879-01-08

h"VI t'A L,IH AthAbih&V@ ESbVPPGh A"% ptHN't'1
wa+ that, when one of two innorent pnrtlea
mt.t suffer III consequence Of the fraudulent
act Of a third, t'at Gus Of tue former must oetr
t es. S'' , wig ar 1y Daitv n. psesans1 70 es ee te
fraud, and that tl,o snrctics by signing Tho
blank ~ thoy did, and permitting GnQo to have
possession ot II with thetr signAtnrcs, enabled
him 10 tl!l i uo and thus prnctiee lrana On TIC
sent the hund 10 thu Common Co'i,1rll. and tho
cltv. without any notice Of any aEtccedcnt In
GrInii les IN Hs execution, accepted 1t, ~ rea-
pleading that tilc bond wss void. The question
was, therefore, raised ~ ia whether tho city, at
or beforo tho time Of the acceptance Of the
bond. lad notice Of tho facts connected w!th
provided that nil oitieial bands should 10 flied
with thu City Clerk within ftces, tlays after the
alcstion Of tho par!y giving tl,e b'nl, and If
the bond was not given 'I such time: the person
refused suc', Office, and It should be l1ed by sp-
potntmenL Tho City Clerk, therefore. WAS
nude the only agent Of the citr 10 receive and
toll all official bonds, and =, dcrery e him was
ngent Of the city to receive noticcs Of any fact
affecting such bonds. GaEoes bond was dclIv-
cred to Gen. Ilotckiss tho 21tl, Of November,
seven days aissr tho canvass Of @ sS vntes' s|Rnci
days Aftor tho exptrntion OF tho fifteen days.
Ho therefore knew that tho bond was void, 1t
bcIng nero blank. Notice OF tho condition Of
the bona was e4so plon0nt ~ 1ne @tIc9t'on "
Cou,mou Council, IND to taat Of
II was not necessary TINT no'lce should bo
brought to Tho coFnnFat!on Counsel: notice @ to
that, t.lc condition Of the bond Was such to put
tho Common Council on Inquiry. y must:
therefore, be hcld that the city took the bond
With notice. Tor Tnat IT. mft m hnn aye "y
The simple aato Of the bund, under the law,
which tho Common Council must bo presumed
| to know, was enough to have put prudent
Curporation Counsel wns necessary, notice to
Corporation Council himself. Tho twelfth In
| strnction for tho. defendants, therefore, which
| laid down this rule, should hayc been given to
ths Jury, and WAS Improperly refused:
Lastly, a. to tho effect Of Gngo's fatllre to
lle Ills official bond Ia fifteen dats The city att
| tt,ortttcs claimed that such statute waa merely
subsequently boon filed which Ind boon accept
cd by tho Common Council, It VA waiver on
tho part Of the city to appoint Treasurer and
bond provided That Gage should, "ho!d said Of
flcc for period OF two years and until his sue
ccssor shall bo duly elected and quallt1etl, OF
until said office shall be otherHlac legally "a"
bllity Of tho surotles ceased, and to
hold otherwise would DO to enlarGc
ab ot tho .nFess H. 1Syona Sy nd. is tao
tlltn4 Of the bond within ffteon days was con,
dittou precedent to Cages obtaininR Office, and
the public Ind such rights In the performance OF
that condition a. to make tho statute Manua.
tory aud rot directory merely. This fact that
tho city did not exercise H. right Of appoint:
nent ninto no difference. That failure Of Gage,
to hte biz bond relieved Ills boudsmen from all
liability, even though tho bond Was tn Other rc.
1 rfo Tim fHnnf fr.&e tnaff}tSt[HE