2 Cow. 533 | N.Y. Sup. Ct. | 1824
Dissenting Opinion
dissented. He thought this case distin guishable from that' of Bright v. The Supervisors of Chenango, which has gone far enough. An allowance was there made for extraordinary services Avhich did not devolve upon the. relator as Clerk. He acted in the light of a commissioner ; and it Avas the same thing, as if any other person had been appointed to purchase the books and transmit the notices. But here the charge is for performing an ordinary
I do not think the services of Mr. Doubleday, in6this instance, were extraordinary and unofficial within Bright v. The Supervisors of Chenango. That was a case of buying books for the county, and sending notices of pedlar’s licenses to Judges and Justices. The duties were not only unofficial, but required disbursements in their performance ; but neither is the case, with regard to the services for which compensation is now claimed. It may be very reasonable that Mr. Doubleday should be paid; but this is a consideration which belongs solely to the Legislature. Until directed by them, the allowance should not be made.
Rule to show cause.
Lead Opinion
I think this case distinguishable from the last. The charge is not for services performed strictly as Clerk in court, but about recording the minutes which he had before officially taken. This business may be, and usually is done out of court, or in vacation. It is a benefit, and indeed necessary for the county, that this should be performed; and we have no evidence that the Legislature intended it should be done gratuitously. A similar application Avas made in October term, 1822, ex parte the Clerk of Westchester, and a rule granted to show cause.. I think, the case is within the principle laid down in Bright v. The Supervisors of Chenango, (18 John. 242,) that where the service is rendered specially for the benefit of the county, and no specific provision has been made for payment, they constitute a part of the contingent charges of the pounty, to be audited by the board of Supervisors. This rule was fully considered in the case cited ; and the Court intended that it should apply as broadly as the language in which it is expressed.
Savage, Ch. J. concurred.