People v. Huson

Belcher, c. c. This is an action to recover the sum of $1,045.10, money alleged to have been received in an official capacity and misappropriated by defendant Huson, and is based upon what is called his official bond.

[155]It is alleged in the complaint that Huson was appointed to the position of wharfinger by the board of state harbor commissioners on the thirtieth day of August, 1877, and that he entered upon the duties of his office on the first day of September, 1877, and continued in the office until the thirtieth day of December following; that the duties of a wharfinger were to collect and receive the revenue arising from dockage, wharfage, cranage, rents, and tolls on the wharves in the city and county of San Francisco, and that while Huson held and exercised the functions of his said office he collected in his official capacity a large amount of public money received from dockage, wharfage, etc., which he did not pay over, and, on demand, has neglected and refused to pay over to the board of state harbor commissioners.

It is further alleged “ that, previous to entering upon the duties of his said office, the said defendant Thomas R. Huson took the oath of office required by law, and, together with the said defendants T. McCarthy and E. J. Lewis, executed and delivered to plaintiffs an official bond, a copy of which is hereto attached, marked ‘ Exhibit A/ and, together with all its indorsements, is made a part- of this complaint; that said bond was, on the said thirtieth day of August, 1877, duly approved by the board of state harbor commissioners.”

The bond referred to was dated August 30, 1877, and the condition expressed in it reads as follows: “ The condition of the foregoing obligation is such that, whereas, the above-bonded Thomas R. Huson has been appointed wharfinger by and for the board of state harbor commissioners of said state, now, therefore, if the said Huson shall well, truly, and faithfully perform all official duties now required of him by law, and all such additional duties as may be imposed upon him by any law enacted subsequently to the execution of this bond, and shall pay the said board of state harbor commissioners all moneys collected by him by virtue and [156]authority of said appointment, then this obligation to be void; otherwise, to remain in full force and effect.” It was indorsed, “ Approved: William Blanding, Bruce B. Lee, A. M. Burns.”