#### M. W. ROBINSON v. J. A. HOWARD and another.

-'School Committee — 'Public ■Officeris — Mandamus—Jurisdiction.

.A sehool committee agreed in writing to 'pay a teacher oí a free school the sum of thirty dollars per month, and the teacher brought an action in a justice’s court against the committee to recover the same^ Held, (1) .-School committeemen are public officers and not personally liable on • contracts made in the lino of their duty.; nor will this action lie .-against them in their corporate capacity.

$) In suctnease amiin.dam.us to compel\£he committee to give an order *152on the county treasurer for the sum» due for plaintiff rs service?,, is the' only remedy;- and of this,, a justice of the peace-has.no jurisdiction..

(Taylor v.. Sehoo-l Oom.,5 Jones,.98, cited1 and approved.),

Civil Action tried at Fall Term, 1880s of Lincoln Superior Court, before Seyjnour, Ji

The plaintiff'sued in. a justice's court upon- a. contract of which the folio-wing; is a copy r, “'We the undersigned committee-of Edward's district authorize M. W. Robinson, to-teach, the free public school in this- district, to commence on. Monday* July 15th, 1878, and continue until funds- are exhausted. Wag.es $80 per month.” (Dated July 2d, 1878, and signed by J. A. Ho-ward and J. H..H. McC'onnell, school committee). The plaintiff alleged that he had performed! the services and the committee had, refused- to pay him- the-wages agreed on.

From the justice^ court the- ease was. carried by appeal to. the superior-court, where judgment of nonsuit was entered,,, and the plaintiff appealed,.

Messrs. Bphe ¿¡¿ Hoke,, for- plain-tiff:

Mr. B. G. Gohb, for defendants^.

Ruffin, J.

If the plaintiff'seeks to- recover of the- parties whom, he styles,.“ school committee,” in their individual capacity, then his action will not lie; for-being public officers and- contracting with the plaintiff'as such, they are not-personally responsible; it being the law, that public officers are not liable on any contract they may make within the-line o-f their duty. If he seeks to recover of the “-school committee” in its,corporate capacity, then he-has-mistaken his remedy.

The school committee- is not allowed-, by law, to have any of the school fund under its control. I.t could, not, if it would, pay the plaintiff out of the proper fund... Its duty *153consists in giving the teacher an order on. the county treasurer for the sum due for his services. And should the-plaintiff get a judgment against the “ committee,”1 he would: be no nearer his money than now. His appropriate and only remedy is by means of mandamus, (Taylor v. School Committee, 5 Jones, 98) of which a justice of the peace has no jurisdiction.

No error. Affirmed.