Board of Supervisors v. Roche

Citations

• 65 Ill. 77

Syllabus

<p>1. County—duty to pay expenses for protecting and preserving records and files of courts. Under the R. S. 1845, title Fees and Salaries, the clerks of the circuit and county commissioners’ courts were required to provide all the necessary books for their respective offices, and a safe, press or presses, with locks and keys for the safe keeping of the archives of their respective offices. Under this statute, by a liberal construction, cases, pigeon holes, or boxes, may be included, and when recommended by the circuit judge and assented to by the circuit clerk may constitute a proper charge against the county.</p> <p>3. Where the judge of the circuit court ordered the clerk .of his court to proceed and index old court papers, and properly put them away in tin boxes previously provided, and the clerk employed his deputy to do this work of nights, promising him whatever sum the county might pay therefor, and that if the county did not pay the deputy, he would: Reid, in a suit by the deputy clerk against the county, that the county was not liable to pay for such service, it being the duty of the .several clerks to do such work on their own account.</p> <p>3. In such a case where the board of supervisors allowed a portion of the claim, they being under no legal obligation to do so, it was held, that this could not be construed into an acknowledgment of liability on the part of the county for such services.</p>