The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1885-06-13
LEGAL LORE.
Township school Treasurer.
From Legal Advisor


Uytv 20 cOllect clatnls.-Where the princ.
nal debtor TO a school fund of township
| dies, it is the duty of the township treasur-
er TO present the claim against his estate
for allowance, If due, without an order
from the trustees of schools, and for ne.
elect 10 discharge such duty he is liable TO
the trustees on his official bond. Mclian,
ev v School Trustees, 6S Ill. l4O.
Tyeaarer's Bond-Approral.--A formal
approval Is not necessary to render IL vailu
and binding on the sureties. Being nieu,
not rejected, and treated by all parties as
approved, is equivalent to approval. Bart
lett " Board OF Education, 90 LII. 304.
LtaJiltty for re'easing secured debts-.li a
school treasurer releases mortgage gwen
to secure debt due the school fund OF MS
township, without an order OF the board OF
trustees, or a majority Of them, entered up
on their journal, and subscribed by thelr
president and clerk, he will be liable upon
| his official bond for any loss sustained In
conseounce thereof. Board of Trustees V.
Misenheimer, rs H. %. See Humiston V.
Trustees, etc, Bradw. l22
ReappOiatment-Ltabthty Of SHra!es.-,
! Where a school treasurer was reappointed
about five months before his death, but
gave no new bond, and after his death II
was found he was defaulter in given
sum, in the absence of proof that he had In
| his hands all the moneys and securities in
trusted to him during his first term of Office,
It was held, that it could not be presumed
he paid over all the moneys and notes to
| himself as his own successor, so as TO exon
crate his sureties. A defalcation being es-
tablished, and no time showing when il
occurred il may as well be presumed that
he misapplied the funds during his first
term as during the time of his reappont-
ment
The sureties of a township school treas.
lrer. to eXonerate themselves from liability
must show that he had paid out or disposed
of the whole SUM which came into his
hands according to law, including the
amount in notes as well as in money, the
treasurer being bound to respond in money
or securities for the whole. The presump-
ton that, as an officer, he did his duty, can
avail nothing against proof to the contrary
Proof that school treasurer, after his
reappointment, received money on school
note in his possession, without proof when
the note came to his hands, whether before
or after his reappointment, is not sufficient
TO charge the sureties on his bond given at
his first appointment
Where, at the time of the appointment of
a township school treasurer, the permanent
school fund was all loaned out and he re-
ceived the notes therefor, and upon his
death his administrator failed to find and
deliver over part of such notes, this was
Aeld prinaa ,facte sufficient to show default
on his part to the amount of the notes not
found, without proof of his having collected
the same, for which his sureties were liza
BILE.
An entry upon the minutes of the board
of trustees, at the time a school treasurer
is reappointed, that he made report as
treasurer, and the same was carefully eX.
amined," is not evidence that his defalca.
ton had not then occurred. Trustees of
Schools V. Smith, IS Ill. 1871.