A Treatise on the Law Relating to Public Officers & Sureties in Official Bonds (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...compensation; this provision does not embrace services, required to be performed for a state or a county, since it is a rule of statutory construction, that general words, affecting rights and interests, do not Day v Mayor, etc., 66 N. Y. 592, rev'g 8 See also, post, i 478, and ch. 20. include the state, or affect its rights, unless it is especially provided, or is made clear by implication, that the state is included; and that the same rule applies to a county, which is a component and essential part of the state, and a necessary agent of the government thereof.1 A statute, conferring upon a city power to allow its attorney "fees," authorizes it to allow him a commission or percentage upon all money collected by him for the use of the city, and an ordinance granting such an allowance applies to money collected in either civil or criminal cases.' 450. Effect of statute requiring compensation to be collected in a particular manner.--Where the statute, under which an officer is appointed or performs his services, provides for compensating him in a particular manner, he is confined to that manner, unless it fails to provide for his compensation, through the fault of the body responsible for the same. Thus, where the charter of a city provided that the city surveyor should be. compensated for his services, in the matter of laying out, paving, and grading streets, etc., out of the money raised by assessment on the property benefited by the improvements; it was held, that he could not maintain an action against the city for his services, until the money had been collected by such assessments, unless the city was in default, for not proceeding with due diligence to make and collect the assessments.' 451. Effect of statute allowing policemen...