52 Wis. 488 | Wis. | 1881
The constitution provides that the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall constitute a part of the school fund of the state. Article X, sec. 2. The statute provides that it shall be the duty of the county treasurer to transmit to the state treasurer, at the time he is required by law to pay the state taxes, a particular statement, verified by his affidavit indorsed upon or attached thereto, of all moneys received by him during the preceding year, and which are payable to the state treasurer, for licenses, fines, penalties, or on any other account,
The legislature has provided for no deduction from such fines except two per cent, thereof, which the treasurer may retain. Hence, under existing laws, the clear proceeds of fines received by the county treasurer is ninety-eight per cent, thereof, which must be paid into the state treasury for the benefit of the school fund. See People ex rel. Board of Education of Detroit v. Treasurer of Wayne Co., 8 Mich., 392; Woodward v. Gregg, 3 G. Greene (Iowa), 287. The respondent probably believed it his duty to retain these fines, under section 3310, R. S. But that section applies only to forfeitures, as distinguished from fines. See section 3294. The return does not show that any forfeiture has been received by the respondent. Hence, if the section is a valid enactment (of
The statute provides that moneys collected on forfeited recognizances in criminal cases shall be paid into the county treasury. We are aware of no constitutional or statutory provision which requires the county treasurer to pay it over to the state treasurer. We conclude, therefore, that moneys collected from this source belong to the county.
It follows from the foregoing views that the demurrer to the return must he sustained. The respondent has leave to amend his return at any time within sixty days.
By the Court. — So ordered.