Contracts exceeding maximum tax levy void--Personal liability of consenting officers--Dissent to be recorded.

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7-21-17. Contracts exceeding maximum tax levy void--Personal liability of consenting officers--Dissent to be recorded.

Each contract made in violation of the provisions of §7-21-16 is null and void in regard to any obligation thereby purported to be imposed on the county. However, any officer who made or authorized the contract is individually liable for its performance.

Each officer present when the unlawful contract is made, or authorized to be made is deemed to have participated in the making or authorization of the contract, unless the officer dissents therefrom and enters, or causes to be entered, such dissent on the records of the county.

Source: SL 1897, ch 28, §140; RPolC 1903, §2243; RC 1919, §6957; SDC 1939, §12.1901; SL 2016, ch 44, §57.


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