Board of Supervisors v. Edwards

Citations

• 76 Ill. 544

Syllabus

<p>1. County—error to award execution against. It is palpable error and in the teeth of the statute to award an execution against a county for the costs of suit.</p> <p>2. Pees and commissions—county collectors and treasurers for 1871. Under the laws in force in 1871, county collectors and treasurers were entitled to receive, as commissions, one per cent for receiving the county and town tax, and the same for paying it out, but nothing for paying it over to his successors, five per cent on all moneys collected under §8000, and three per cent on all additional sums collected b)r him, and county treasurers one per cent on all monejrs, county orders and jury certificates received by them for county purposes, and the like per cent on all moneys paid out by them, except to their successors.</p> <p>3. Same—;for taxes of 1873 under act of 1873. Under the act of 1873, county collectors in counties of the first class were entitled to receive as commissions three per cent on all moneys collected by-them and paid over to the proper officers, one and a half per cent on moneys collected by township collectors and paid over to them, and one per cent forpaying out the same as county treasurers.</p> <p>4. Board oe supervisors—power to estop county by allowing illegal fees. A county is not estopped by the board of supervisors passing upon and approving a collector’s account, containing charges for illegal fees. The board are powerless to allow as fees or commissions moré than the sum fixed by law, and such allowance binds no one.</p>