It may be that the five per cent provided by law', in vtlie case at bar, was pot sufficient to compensate the plaimtiff. But if not he should have resigned. "We must presume that the amount provided was sufficient to command the requisite service from-somebody.
It is said, however, that the power of the board of supervisors to give .more compensation than is provided for by law' was determined in Hawk v. Marion County, 48 Iowa, 472, and Wilhelm v. Cedar County, 50 Iowa, 254.
In the former case it was held that the board might offer a reward for the recovery of money stolen from the county, and in the latter case that the board might employ a special agent to obtain promissory notes from taxpayers, from whom taxes could not be collected by any compulsory process, and that the county should pay such agent what his services were reasonably worth. The compensation in neither of those cases had been provided for by lawn The power to grant compensation arose as an incident to the exercise of other powers. But no such power can be said to arise incidentally where the board has been relieved from the exercise of the power by an express provision.
In our opinion the court erred in allowing a recovery.
Reversed.