The Montgomery advertiser., 1902-07-10
VERDICT FOR $36,S69.92
IS AWARDED THE COUNTY

treasurer as to this Road and Bridge
fund?' The act says "the said county
treasurer to be responsible for the safe
keeping of all the proceeds accruins
fl ON the sale of said boEds, which may
come into his hands in his official capa-
city, the same as for other county funds
or money in his hands as such treasurer"
1t will be noted that the act does not say
as to this special fund the treasurer shall
be bound in the same way in all respects
as he is under the general law as to the
funds of the county. 1t is for the safe
keeping only, and as to that alone that
the responsibility of safe-keeping, THE
same as for other county funds is APP
piled. Four things must co-exist to raise
this duty of safe-keeping under this act;
first, there must be money to be safely
kept; second. the thing kept must be
1.-The proceeds of the bonds" third, those
proceeds must come into his bonds"
foufth, they must come into his hands
lin his official capacity" 1t is only when
all these conditions coexist, and not until
them that the treasurer is to become re-
sponsible for 1.-The safe-keeping of said
money as for other county funds in ms
hands as county treasurer" The law
places only one responsibility upon the
treasurer as to these proceeds, and that
is for their safe-keeping, after they
came came Into his hands as treasurer.
The law contemplated that the Board of
Revenue would negotiate, sell and issue
these bonds, and collect the price. which
could only be taken in lawful money.
This price. when collected in money.
would be the proceeds of the bonds In
the meaning of the law. Nothing else
would. They could not be taken in any
other shape. for the Board was required
by inevitable implication from the IAN
guage of the act to sell for cash. 1t
could not barter or exchange the bonds
for anything else This cash unquestion-
ably was required to be paid over al
ter Its receipt by the Board of Revenue
to the. treasurer of the county. The
law put no duty on the treas
urer to see to the collection OF
the proceeds. His duty in that regard,
could arise only as to money. proceeds
and then only after the proceeds came
snto his official hands, from the Board OF
Revenue. If he attempted to collect the
proceeds or attempted to receive the pro-
ceeds. most assuredly, when those pro
cceds' were not money, he would not De
engaged in the performance of any duty
put upon him by the law. Therc were
no conceivable circumstances under which
he could be under any duty or nave any
authority to receive the check for the
rrice of the bonds or was bound to re-
ceiye or attempt to collect the proceeds
from anybody but the Board of Revenue.
Under such circumstances, the taking OF
the check from anybody, especially from
a. marty who knew his authority, and
particularly without any demand on MS
part of the person rendering the cheek
could not bring him within the conditioh
of the bond, under which the law txes re-
sponsibility for acts done VIRTUE onlcn,
NJ
could not be bound in1aw for any mis-
| feasance or nonfeasance of Cochran as
| county treasurer, in not collecting the
| check or IN receiving the check or IN CIV
| ing a receipt to the Board or ReVenue
as for money received from the Board
| when the Board of Revenue knew that
it had not given him any money ana
had none to give him. 'especlaily
,,'ban II was advised by the
check being rendered to its represent
| alive that 1t had been attempted to pay
| the price of the bonds to Cochran by a
| check IN his favor on the bank. 1t Is i'm
| material. therefore, certainly so far as
| the liability of the sureties is concerned
what Kohn did or said about the cheek,
| or the disposition Cochran or kohn maze
| of the check so long as 1t did not result
| in placing the amount OF money, pro-
| ceeds of the bonds" in the hands OF
|
| the court ruled out the questions as 10
the condition of tine bank at the time OF
| drawing the check, and giving the credit
| or what was done with the bonds, etc.
| Although Cochran had no duty to collect
| and, therefore, his suEeties could not De
| bound for wrongs an breaches in receiV-
| ing the check, or not collecting the mon
ey, or exchanging it for credit In bank,
yet, If he, in fact, got actual money OF
the county in that way or money,
| which, in the eye of the law went into
the hands of the Treasurer, and repre-
| scented the proceeds of these bonds, he
would be liable in this action, not because
| he undertook to do something which was
/ I OF incumbent upon him. and did 1t i'm
| properly, but because he actually got
| money-Which came into his hands
which was the property of the county,
| and received 1T as Treasurer. Money got
ten in this way, it would have been his
| duty to safely keep" and the placing
of it on deposit afterwards would have
been a breach of duty. which would have
made his sureties liable. 1t Is not pre-
tended that be got actual money on these
bonds from anybody. On the contrary,
it is admitted that ne did not get any
! actual money; but 1t is claimed that by
taking the check payable to him as
| ii easurer drawn by Josiah Morris K
| Co. on themselves, anu AHbt
! check to the bank, and receiving Il cor
| responding credit for the amount on its
books, it amounted in the eye of the law
to money of the county, the proceeds"
of these bonds, which came into his
hands" as Treasurer, and. therefore, his
| sureties are liable for converting this
money by placing 1t on general deposit,
which was equivalent to a loan to the
bank If the transaction had been law
| full, this result would follow, and the
| court would have treated Cochran as
having received and converted that much
money as Treasurer, and held. his sure
| ties responsible accordingly. The trans
| action. however, was not lawful In
view of the amount involved. 1t consti-
tuted a felony. The law requires the
court to ignore the transaction, to deny
| to il effect, to treat it as though 1t had
never happened, and decline to enforce
any claim which must rest on the val
! idity of the transaction. II the court
| should undertake, out of this unlawful
| transaction to coin money, and put 1t in
| Cochran's pockets as Treasurer. in order
TO mold the sureties accountable as for n
| conversion, it would violate the law of
the land as plainly as any private citizen
would wAo undertakes, without authority
| of law, to make money out OF that which
| Is not money In both instances the
| ruonev would he counterfeit. That would