Page:North Dakota Reports (vol. 3).pdf/381

 circumstances and the relation of the parties to the transaction in which the writing was made.

Upon the facts thus appearing the question arises whether the treasurer and his official sureties, in an action for a breach of the condition of the treasurer’s official bond, can be made responsible for the loss of the bonds or their proceeds, when such loss was wholly the result of the action of the school board. This question must be answered in the negative. Neither the treasurer nor his official bondsmen should be held responsible for the conduct of other officers over whom the treasurer, as such, has no control. The law and the official bond constitutes the sole measure of the treasurer's liability. Section 35, Ch. 44, Laws 1883, says: “The treasurer of every school township shall, before entering upon duty as such, give bond to such corporation, conditioned that he will faithfully and impartially discharge the duties of his office, (naming it fully,) and render a true account of all moneys, credits, accounts, and property of every kind that shall come into his hands as such treasurer, and pay and deliver the same according to law.” The condition of the bond in suit substantially embodies this statute, and the bond and statute furnish the full measure of the treasurer's liability. The statute requires the treasurer to render a true account of money and property which shall come into his hands as treasurer. It requires no more than this, It appears in this case that the treasurer has fully accounted for whatever property and money has been placed in his hands as proceeds of the bonds in question, and also appears that the bonds themselves never came into his hands or custody as treasurer or otherwise. Never having come into his hands, the treasurer, as such, never became liable to account for or turn over the bonds.

While the language of an official bond should, under the established modern doctrine, receive a fair and reasonable interpretation, its obligation is nevertheless strictissimi juris. The obligors consent to be bound to a certain extent only and their obligation ought not to be expanded by judicial construction