City of Chicago v. O'Hara

Citations

• 60 Ill. 413

Syllabus

<p>1. Mandamus — derlcs' fees in criminal cases. Under statutory provisions, the clerk of the criminal court of Cook county may compel the city of Chicago to pay him his fees in all cases of convictions in that court, and on a refusal, may maintain a writ of mandamus to compel their payment.</p> <p>2. The act of 1865, rendering certain counties liable for such fees, does not embrace'Cook county, and that- act being special does not apply to fees in the criminal court of Cook county, and the county is not liable for such fees, but the city is, under previous legislation.</p> <p>8. Constitution. The constitution of 1870 did not affect the tenure of office of the clerk of the criminal court of Cook county, but when the recorder’s court was changed to the criminal court, the clerk was retained in office until the expiration of his term..</p>