Irwin v. County of Yuba

Citations

• 119 Cal. 686
• 52 P. 35
• 1898 Cal. LEXIS 697

Syllabus

<p>Counties—Compensation of Supebvisobs—Constbuction of Statute—Illegal Claim fob Sebvioes—Attendance upon Anti-Dbbbis Association.— The compensation of supervisors under the County Government Act, including the compensation “for per diem and mileage or other services rendered by them,” was not intended to include any claim for services not coming within the duties of the board as prescribed by law; and no compensation can be allowed to a supervisor for services rendered and moneys expended by him as a representative of the board in attendance upon meetings of an anti-debris association formed by several counties to protect lands along the Feather, Yuba, and Bear rivers, against danger and damage from the results of hydraulic mining.</p> <p>Id.—Claim Against County must be Authobized by Law—Benefit Immat tebial.—One who demands payment of a claim against a county must show some statute authorizing it, or that it arises from some contract, express or implied, which finds authority of law; and it is not sufficient that the services performed for which payment is claimed were beneficial.</p> <p>Id.—Compensation of Public Officebs—Bxtba Chaege not Permissible.— A person who accepts an office with compensation fixed by law is= bound to discharge the duties of the office for such compensation without extra charge.</p>