12 Wend. 257 | N.Y. Sup. Ct. | 1834
By the Court,
The question is, whether a county judge is entitled to compensation for attending on the drawing of juries. According to 2 R. S. 413, § 26, it is the duty of such judge to attend at the clerk’s office to witness the drawing the jury, upon receiving notice from the county clerk. Is he entitled to compensation ? The principle of the case of Bright v. Supervisors of Chenango, 18 Johns. R. 242, is, that a public officer, who is required to perform a certain service, and no compensation is provided for such service, is entitled to receive a reasonable allowance therefor, to be audited by the board of supervisors. The same principle was recognized in the cases of Mallory v. Supervisors of Cortland, and Doubleday v. Supervisors of Broome, 2 Cowen, 531, 533. In the first of these cases, the right to compensation was denied, on the ground of a direct expression of the legislature that no compensation should be given. It cannot, I think, be successfully contended, that the service in question has any necessary connection with the judicial duties of the judge, for his place may be supplied by two justices. He has no judicial '