Bruner v. Madison County

Citations

• 111 Ill. 11

Syllabus

<p>1. Officebs — compensation for official services — depends entirely upon the statute. Compensation for official services rendered in behalf of the State or for any public corporation, must rest alone upon statutory enactment or contract. Unless the statute has made provision for the payment for services required of an officer and performed by him, he can recover no remuneration for the same.</p> <p>2. Patjpebs — two systems, county and township support. Under the laws now in force in this State, two distinct systems are provided for the support of the poor, — one by the county at large, and the other by the several towns composing the county.</p> <p>3. Same — difference in the systems. The first imposes all the cost and expense attending the care and support of paupers upon the county, while the other places the entire charge and burden upon the several towns. In the first the overseer of the poor is required to report his acts to the county board, and act subje.ct to such restrictions and regulations as that board may prescribe. In the second he reports to the town auditors, and he is subject to the restrictions and regulations of his town. Under the first named system he is not entitled, as a matter of right, to any compensation for his services, while under the other he is entitled to pay.</p> <p>1. Overseer of the poor — compensation. By section 36, chapter 53, entitled “Fees and Salaries,” the overseer of the poor (who is also supervisor of his town) is entitled to receive two dollars per day when attending to town business out of town, and one dollar for town business in his town, to be paid from the town treasury when the service is for the town. When the town is wholly responsible for the care and support of its paupers, his services in looking after and providing their support are performed for the town, and are town business, and he is entitled to the pay named; but when the county is chargeable with pauper support, he is not rendering service for his”