Board of Supervisors v. Plaut

Citations

• 42 Ill. 324

Syllabus

<p>1. Counties—liability to support paupers. The duty of supporting the. paupers resident in the various counties in this State is imposed upon such counties; and they are bound by all contracts for the support of such persons, when legally entered into by the proper officer.</p> <p>2. Overseer of the poor—his duty. Under the township organization law in this State, each town is required to elect an overseer of the poor, and he alone is authorized and required to perform the duties of the office. Where such an agent has entered into a contract for the support of a pauper, the liability of the county is thereby fixed, and its agents have no discretion, but must discharge the obligation. Nor can the chairman of the board of supervisors in such a case, by notice or otherwise, abridge the powers of the overseer of the poor. He derives his powers from the law and not from the supervisors.</p> <p>8. Same. Where an overseer of the poor shall make an improvident or extravagant contract for the support of a pauper, the board of supervisors may, no doubt, reduce the amount to be paid, but, until they act, the contract, if fair and unaffected by fraud, will bind the county.</p> <p>4. Overseer of the poor—Ms contracts. Under the township organization law, it is not necessary that the justices of the peace of the town shall join with the overseer of the poor in ordering goods for the support of a pauper: he may act alone.</p> <p>5. Same—bond for the support of a pamper. The bond required to be given by the person contracting to support a pauper, is designed to indemnify the county against further expense in supporting the pauper, but not to absolve it from the duty. And if the person agreeing to support the pauper fails through inability or otherwise to do so, the county must still afford the relief, and must look to the person with whom they contracted, and his securities for indemnity for the loss. If the overseer fails to take a bond, and the person with whom he has contracte