Bouton v. Board of Supervisors

Citations

• 84 Ill. 384

Syllabus

<p>1. County—can only act through board of supervisors. The powers of a county, as a body politic, can only be exercised by the board of supervisors thereof, or in pursuance of a resolution by them adopted.</p> <p>2. - Corporations—not bound by act of individual members. Individual members of a corporation can not, unless authorized, bind the body by express promises; hence it follows, that a corporate engagement can not be implied from their unsanctioned conduct or declarations.</p> <p>3. As corporations can be expressly bound only by joint and corporate acts, so it is only from such acts done, either by the corporation as a body, or by its authorized agent, that any implication can he made, binding it in law.</p> <p>4. Board of supervisors—individual member can nbt bind county by his acts. The supervisors have no power to act individually; it is only when convened, and acting together as a board of supervisors, that they represent and bind the county by their acts, and the chairman of the board has no greater authority, in his individual capacity, than any other member.</p> <p>5. Agents—unauthorized acts of do not affect public corporations. Where the officers or agents of a public-corporation have no power with respect to a given matter, neither their acts nor their individual knowledge in respect to the matter, can in any way bind or affect such corporation.</p> <p>6. Same—acts of public, governed by rule different from those of private. Whilst, in many cases of mere private agents, the principal is bound by declarations and representations made by his agent without authority, in cases of public agents the government or other public authority is not bound, unless it manifestly appears that the agent is acting within the scope of his authority, or he is held out as having authority to do the act, or is employed in his capacity as a public agent to make the declaration or representation for the government.</p> <p>7. Where the board of supervisors of a county make