State ex rel. Powell v. Board of Chosen Freeholders

Supreme Court of New Jersey

State ex rel. Powell v. Board of Chosen Freeholders

35 A. 755, 59 N.J.L. 117, 30 Vroom 117, 1896 N.J. Sup. Ct. LEXIS 52

DecidedJune 15, 1896

StatusPublished

This text of 35 A. 755 (State ex rel. Powell v. Board of Chosen Freeholders) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Powell v. Board of Chosen Freeholders, 35 A. 755, 59 N.J.L. 117, 30 Vroom 117, 1896 N.J. Sup. Ct. LEXIS 52 (N.J. 1896).

Pincite

Opinion

Per Curiam.

The relator asks for a mandamus to compel the defendant, the board of freeholders of the county of Camden, to fix his fees and expenses, as keeper of the morgue of that county, for the recovery and care of the bodies of the unknown dead ■during his term of office.

[118]*118The act-relative to morgues and moi’gue-keepers provides-that the fees and expenses of moigue-keepers for the recovery and care of the bodies of the.unknown dead shall be fixed by the board of freeholders and paid by the county collector.Gen. Stat., p. 2099, § 3. . And this is the only provision for compensation for the duties performed by them, except that-they are entitled to a burial fee not exceeding $10 in each case.Id., p. 2100, § 6.

Under the color of the provision of the act requiring-boards of freeholders to fix the fees and expenses of morgue-keepers, the defendant, in 1887, passed a resolution that “ the-morgue-keeper shall perform such duties as are provided for by law, and shall receive a salary of $500 per annum, payable quarterly by the county collector.” From the time of the passage of this resolution in 1887 until the expiration of-relator’s term of office in 1893, he “ performed such duties as-are provided by law,” and received the annual salary of $500--fixed by the resolution.

The only ground upon which the payment and acceptance^ of this salary can be accounted for, is upon the theory that it was paid and accepted in satisfaction of the fees and expenses which he was entitled to receive for the performance-of those duties which the law imposed upon him. He was not entitled to it except for the performance of those duties, and having accepted it he cannot now, with seven years’ salary in his pocket, successfully claim that the fees and expenses which the law allows him have not been paid by the county

The mandamus should be denied, with costs.

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Per Curiam.

The relator asks for a mandamus to compel the defendant, the board of freeholders of the county of Camden, to fix his fees and expenses, as keeper of the morgue of that county, for the recovery and care of the bodies of the unknown dead ■during his term of office.

[118]*118The act-relative to morgues and moi’gue-keepers provides-that the fees and expenses of moigue-keepers for the recovery and care of the bodies of the.unknown dead shall be fixed by the board of freeholders and paid by the county collector.Gen. Stat., p. 2099, § 3. . And this is the only provision for compensation for the duties performed by them, except that-they are entitled to a burial fee not exceeding $10 in each case.Id., p. 2100, § 6.

Under the color of the provision of the act requiring-boards of freeholders to fix the fees and expenses of morgue-keepers, the defendant, in 1887, passed a resolution that “ the-morgue-keeper shall perform such duties as are provided for by law, and shall receive a salary of $500 per annum, payable quarterly by the county collector.” From the time of the passage of this resolution in 1887 until the expiration of-relator’s term of office in 1893, he “ performed such duties as-are provided by law,” and received the annual salary of $500--fixed by the resolution.

The only ground upon which the payment and acceptance^ of this salary can be accounted for, is upon the theory that it was paid and accepted in satisfaction of the fees and expenses which he was entitled to receive for the performance-of those duties which the law imposed upon him. He was not entitled to it except for the performance of those duties, and having accepted it he cannot now, with seven years’ salary in his pocket, successfully claim that the fees and expenses which the law allows him have not been paid by the county

The mandamus should be denied, with costs.

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Bluebook (online)

35 A. 755, 59 N.J.L. 117, 30 Vroom 117, 1896 N.J. Sup. Ct. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-powell-v-board-of-chosen-freeholders-nj-1896.