124 Wis. 576 | Wis. | 1905
If strict compliance with sec. 680, Stats. 1898, be a condition precedent to the jurisdiction of the county board to allow the claim of a constable for services performed in justice’s court in an action wherein the state is a party and the county is liable for such services, then jurisdiction was not obtained by the county board as to the matter in hand. In that case the appeal to the circuit court failed to confer jurisdiction on it to do more than to dismiss the proceedings, and the judgment appealed from must be reversed. Klaise v. State, 27 Wis. 462; Stringham v. Winnebago Co. 24 Wis. 594; Felt v. Felt, 19 Wis. 193; Stoltman v. Lake, ante, p. 462, 102 N. W. 920.
It is conceded by respondent’s counsel, as the fact is, that compliance with sec. 677, as regards the matter of presenting claims to county boards for consideration, is requisite to confer jurisdiction on such boards over the subject matter of such claims, but it is insisted in respect to the matter in hand that there was such compliance and that the claim is governed by such section, the provisions of sec. 680, in respect thereto, if applicable at all, being only as regards evidence to establish a claim presented under sec. 677, and directory only. No reason is perceived why the reasoning of the court in Outagamie Co. v. Greenville, 77 Wis. 165, 45 N. W. 1090; Miller v. Crawford Co. 106 Wis. 210, 82 N. W. 175; and Northern Trust Co. v. Snyder, 113 Wis. 516, 89 N. W. 460, resulting in a conclusion that reasonably strict compliance with sec. 677, as to claims referred to therein, is requisite to confer jurisdiction on county boards to consider the same, does not apply with equal, if not greater, force to sec.
The history of the two sections of the statutes referred to leaves little or no ground for holding that sec. 680 does not apply to constables’ fees as well as to fees of witnesses, jurors, and other persons named therein. Sec. 677 is based mainly on ch. 160, Laws of 1868. What are now the opening lines of the section at first read this way:
“Any officer or other person having a demand or claim against any county for money or other thing, shall make out a statement thereof in writing, with his affidavit attached,” etc.
There was in the beginning no exception in favor of any class of claimants. As a companion piece of legislation to ch. 160, the two being approved at the same time, ch. 153, Laws of 1868, was passed, and that forms the basis of what is now sec. 680. It at first referred to fees of jurors, witnesses, and interpreters, made the justice’s certificate conclusive evidence of the claims of the persons named therein, required the board to audit the claims and draw orders for their payment, and provided that “no claim of any juror, witness or interpreter for fees which may become due after this act goes into effect, shall be allowed by any board of supervisors, unless it comes before them in the manner above prescribed.” The two acts were so plainly repugnant to each other as to attract the attention of the revisers who compiled the Statutes of 1878. They remedied the difficulty by providing in sec. 677, as framed to embody ch. 160, Laws of
Effect must be given to the statute as we find it. The legislature ex industria placed words therein to guard against the possibility, apparently, of its being held that any stated condition precedent to the allowance of a claim is directory. That is evidently what the words “in no other way” were used
We have not overlooked the fact that when tire legislature amended sec. 680 it failed to make a corresponding amendment to sec. 681, affording officers as well as others named in the former a right of action against a justice of the peace in case of his failing to perform his duty thereunder. That may have been an oversight, or it may have been thought that jurors, witnesses, and interpreters, whose claims are often so small that very little effort could be afforded by claimants for the collection thereof, should have the sums allowed without personal attention thereto. Whatever may be the reason, the court cannot change the situation as the legislature has seen fit to leave it.
By the Court. — The judgment is reversed, and the cause remanded with directions to dismiss the proceedings.