Printable Format10-807. Same; no-fund warrants, registration; recordation; payment; when not receivable for taxes. No-fund warrants issued under K.S.A. 79-2940 shall be presented to the county treasurer by the clerk of the issuing municipality for registration before delivery to the payee. The county treasurer shall endorse thereon a proper registered number, and the word "registered," with date, and sign said endorsement; and shall record in a separate warrant register as specified by K.S.A. 79-2940, and amendments thereto, the number, amount and date of all such warrants, to whom payable, and the date when presented for payment, and their registered number as endorsed thereon, and such warrants shall be paid in the order registered as shown by such separate warrant register; and no such warrants shall be received for taxes by any county treasurer unless he or she shall have in cash for that purpose a sufficient sum to redeem all warrants having priority over the warrants so offered for taxes.
History: L. 1891, ch. 249, § 7; R.S. 1923, § 10-807; L. 1968, ch. 375, § 9; L. 1972, ch. 39, § 1; July 1.
Source or prior law:
L. 1887, ch. 241, § 2.
Law Review and Bar Journal References:
Proposed code of municipal law, N. K. Kittrie, 3 K.L.R. 221, 230 (1955).
CASE ANNOTATIONS
1. Priority of payment controls even though warrant presented for taxes. Thorpe v. Cochran, 7 Kan. App. 726, 52 P. 107.
2. Funds not available; municipality cannot plead statute of limitations. School District v. Bank, 63 Kan. 668, 670, 66 P. 630.
3. Effect of requirement as to registration considered. School District v. Bank, 63 Kan. 668, 670, 66 P. 630.
4. Statute of limitations applies after funds available and call issued. Seward County v. Shepherd, 71 Kan. 61, 62, 80 P. 36.
5. Statute of limitations; rule hereunder not applicable to bonded indebtedness. Schoenhoeft v. Kearny County, 76 Kan. 883, 885, 92 P. 1097.
6. Warrant may be valid although no funds available when issued. Bank v. School District, 102 Kan. 98, 103, 169 P. 202.
7. Suit upon warrant issued for excessive amount; amount of judgment. Bank v. School District, 102 Kan. 98, 103, 169 P. 202.
8. School warrant registered hereunder held subject to cash-basis law. Woodson County Comm'rs v. Rural H.S. Dist., 145 Kan. 399, 400, 65 P.2d 574.
9. 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.