Blanchard v. Town of Lasalle

Citations

• 99 Ill. 278
• 1881 Ill. LEXIS 174

Syllabus

<p>1. Commissioners oe highways — commissions of treasurer. The act of 1873, repealing the act of August 15, 1872, giving commissions to the treasurer of commissioners of highways, and failing to make any other provision for commissions, such officer elected in 1874 was not entitled to any commissions for moneys received and paid out by him prior to April 15, 1875. His only compensation for services was the per diem of $1.50, allowed to him as highway commissioner. The act of 1875, in restoring commissions, was prospective only.</p> <p>2. Same — compensation for services not strictly official. In 1874 the treasurer of the commissioners of highways of a town received, negotiated and paid out a large amount of town bonds, issued for the building of a bridge. At the time, the statute allowed no commissions to such officer, or other compensation, except $1.50 for each day necessarily employed in the performance of his duties. There was no contract between him and the town, and no proof that the services were performed at the request of the town: Held, that the $1.50 per diem was all the compensation he was entitled to, even though the negotiation of the bonds was not strictly an official duty.</p> <p>' .3. Party — suit against treasurer of commissioners of highways. Where a treasurer of the commissioners of highways of a town refuses to pay over moneys in his hands, belonging to the town, to his successor, but claims the same as his own, suit against him for such money is properly brought in the name of the town. The remedy on his official bond does not exclude suit against him by the town.</p>