Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1908-02-15

Ihe bonds N this case on when
commission Of 5 per cent. IS claimed
by the Sergeant were issued for
specific purposes under authority
q ven BY a special act % assembly.
1906. IN this act no provision was
made as to compensation OF any Of
ficer for negotiating said bonds. OF
for receiving and disbursing the pro-
ceeds arising tom sale. By the
charter OF the city full control and
management Of the fiscal affairs and
Of all property belonging to the city
are given to the city council, and
the council are authorized 70 pay
al officers elected under the charter
such salaries or compensation as
may be deemed proper from tine 10
time.
But II IS further provided that the
| city sergeant shall receive 5 per cent.
on all fines. licenses and all other
moneys due the corporation. and
this provision O. the charter is re-
peated in the ordinance Of the coun-
Gil.
The SPECIAL act authorizing the
bond issue provides that the
p bonds shall be signed BY the mayor
o and countersigned by the clerk Of
o the council and shall be sold and ne
~ godated as the mayor and council
o may prescribe. etc.
Il appears from the evidence tha'
the bonds were negotiated and solo
by the finance committee PuTsuan
70 a resolution OF the council. anC
that the sale OF the bonds made a
S. different times and for 6ifteren
p funds was cotemPoTaneous with th
x payment o. the proceeds by tn
purchasers. and the said proceed
D. were Immediately deposited O
placed in the city banks 70 tn
II credir Of the council. subject Q
le check OF the sergeant. countersigne
le by the mayor. that the said fund
x were al various times drawn out ar
r. disbursed by direction or resolutio
be Of the council; that the sergeant di
nct collect and had no control owe
al / The proceeds except as 70 So. l4c
rs co but al disbursements were mad
-h under direction OF the council. Cap
ic Lanes testimony
n The funds realized under the bon
issue were not money due the ci'
er- arising in the ordinary course
OF municipal aff8irs. such as fines.
ce-ses and money arising from II
o. usual assessment OF property Il
;es taxes. as 70 the collection and di
% 0ursment (which provision IS mao
CT under the charter. and the Court
* Of the opinion that the compens
& Ion tor handling the proceeds Of Il
c. bonds IS not fixed bt the charte
al The disbursements so far as made /
as the sergeant consisted merely
u payment BY check drawn in 4
manner prescribed by the counc
al with the exception as above state
lid Taking this view OF the oaae II
TO- Court decides that r. c. Lawsor
sergeant. IS not entitled 10 comm
be sions on the sum Of S23.974 OF Il
on said funds. although the Count IS q
il, c.ined 10 hold that the council coui
have allowed him compensation Il
I'd they deemed Improper TO do SO. al
that such compensation would ha'
81 been independent OF the COMM
- sions fixed by the charter.
be Bur as 10 TIE So. $4,000 placed
be resolution OF the council 10 the cree
ST. OF the sergeant on his accour
ing which account embraced collecro
Sc made by him n the usual course
Ids his duty as the disbursing officer
md the corporation and was fully unc
the MS control and subject 10 his chez
60 the Court IS OF the opinion that I
be der the these circumstances he