Printable Format10-806. Same; payment; endorsement. It shall be the duty of the treasurer of any municipality to pay on presentation any warrant properly drawn on any fund in custody by virtue of the office, and when paid write or stamp across the face of such warrant the word "Paid," and sign the same, unless the treasurer's facsimile signature is part of the stamp: Provided, That in case a warrant check is used as is provided in K.S.A. 10-801 and such instrument is stamped paid by any bank, being a depository of such municipality then the treasurer shall not be required to make the endorsement across the face of such warrant check as is provided for above: Provided further, That if no-fund warrants are required by the statute under which issued to be recorded as provided in this act they shall be paid when and in the manner provided by statute.
History: L. 1891, ch. 249, § 6; R.S. 1923, § 10-806; L. 1939, ch. 93, § 2; L. 1968, ch. 375, § 8; July 1.
Source or prior law:
L. 1887, ch. 241, § 1.
Attorney General's Opinions:
Public access to records pertaining to salary of county hospital administrator. 82-246.
Signatures on hospital warrants. 82-250.
CASE ANNOTATIONS
1. Issuance and payment of warrants under this act considered. The State, ex rel., v. City of Neodesha, 3 Kan. App. 319, 328, 45 P. 122.
2. Statute of limitations does not apply until warrant presented. Stevens County v. Tandler, 9 Kan. App. 761, 59 P. 599.
3. Action not maintainable on warrant until presented and payment refused. Railroad Co. v. Kearny County, 58 Kan. 19, 48 P. 583.
4. Where treasurer sells paid warrants purchaser may maintain action for money had and received. Briggs v. Community High School, 120 Kan. 464, 468, 243 P. 1008.
5. Cited; county warrants not paid for want of funds draw legal interest. First Nat'l Bank v. Wabaunsee County Comm'rs, 145 Kan. 552, 556, 66 P.2d 558.
6. Treasurer may refuse payment where warrant drawn on wrong fund. Chaney v. Edmonds, 153 Kan. 668, 671, 113 P.2d 81.
7. School treasurer without right to issue warrant except for lawful claim. Joint Consolidated School Dist. No. 2 v. Johnson, 163 Kan. 202, 210, 181 P.2d 504.