Year: 1875




voted for the allowance to
the Sheriff for serving COM
missions on road overseers
are liable at the suit of tho
tax payers to refund it.
9Th. The Sheriff receiving
such illegal allowance would
also be liable to refund it..
Besides, both he and the
mcmbersof the Board voting
for it, would be subjectto i'll
dictment under section 1879
of the Code.


And under that section,
ignorance of the law would
be no excuse. Members of
the Board of Supervisors,
like all other citizens are
bound to know the law.
III they are getting into
trouble by reason of their ig-
norance, they have the con-
stitutional right to resign and
allow others to fill their pla-
ces.


Sth. If the county treasu-
rer should pay q warrant is
sued for this or any other IL
legal purposes ,and its purpose
appears on it's face, he wo'd
not be entitled TO a credit
therefor.


9th. "A warrant on the
county treasurer is not ne
gotiable paper in the sense
that an innocent holder wo'd
be protected in purchasingit,
if it were issued for an ille-
gal and fraudulent purpose,
where such purpose did not
appear on the face of the
warrant. The county is not
bound to pay a warrant is
sued for an illegal purpose,
under any circumstances !;
and persons who take such
paper better enquire for what
purpose il was issued and see
that the order directing the
warrant to issue, is valid.


10th. Where a warranthas
been issued foran illegal pur-
pose, and that does noe ap-
pear on the face Of the war
rant, it is donbtfal whether
the county treasurer would
be chargeable with notice of
its chara ,ter so as to render
a payment Of it by him llle-
gal; but VIC are inclined to
the opinion that he would be
bound to take notice of its
illegality, for the following
reasons:


list. He is bound To know
in every case that the war
rant has oeen ordered by the
Board. He would not be JUS
titled in paving a warrant,
mereley because it had the
clerks name to it, and the
seal of the Court; or in 9TH
er words, he is not bound to
pay a warrant forged by the
clerk.


End. He is bound then, to
see that there is an order of
the Board for each warrant
paid him.


Ard. The Code, section 1881
requires each order of the
Board which directs the is
suance of a warrant to spec
ify the name Of the claimant
and the account on which
the allowance is made.


To make an order comply
with this statute, it should
appear for what specific mat
ter the allowance is made;
and an order of the Board
not SO specifying it, would be
void. 1t must appear there's
fore, as the better reason, TO
hold, that the County Treas
urer would be held chargea-
bic with notice of the illegal
ity of a warrant when it was
issued for a purpose not al
thorlzed by law. Our advice,
however, is, chat fol greater
Gel tainty, the tax payers had
better make out a list of all
illegal allowances made, and
serve it on the Treasnrer,giv-
ing him notice Of their char
acter and demanding that he
shall not pay them. There
could then be no doubt that
his liability in case he we're
to pay such, or receive them
in pay ment of any dues to
the county.


11th. The taxpayers have
still another remedy, and a
very efficient one it is, viz
To file a bill against any per-
son to whom an illegal allow
anca ia made ssxzSfs fnino