The Liability of the Custodian of Public Funds Lost Without His Fault

In a work on Public Offices and Officers, the writer characterizes the question of the liability of an officer and his sureties for loss of public funds by the officer without default on his part, as ''of great interest and importance, but one upon which the authorities are in conflict." Since the publication of that work in 1890, a con­ siderable number of cases has arisen continuing the conflict, and llustrating its importance. It is proposed in this article, to state the views entertained by the courts, the extent to which they have been applied, the reasons advanced to support the divergent holdings, and to deduce if possible a rule which should govern in these cases.