Illinois Court of Claims Opinions
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Taylor v. State of Illinois

8 Ill. Ct. Cl. 722 Illinois Court of Claims Filed 1935-06-01 No. 2301
Disposition: (No. 2301-Claimant awarded $53.40.) Award: $53.40 Agency: Department of Public Welfare
Cite as: Taylor v. State of Illinois, 8 Ill. Ct. Cl. 722 (1935)
Legacy General 8 awarded 1930s Taylor v. State of Illinois 8 Ill. Ct. Cl. 722 1935-06-01 (No. 2301-Claimant awarded $53.40.) /opinions/v08-p0712-2/

T. C. TAYLOR, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant, Sheriff of Johnson County, sought payment for conveying prisoners to the penitentiary. The court awarded $53.40 because the claim would have been paid but for the lapse of the appropriation.

Claim type: Lapsed Appropriation

Statutes cited: Section 19 of the Fee and Salaries Act

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. SHERIFF FEES - when award may be made for. Where Statute provides that sheriff shall be entitled to fees, to be paid out of State treasury, for conveying prisoners to penal institutions in compliance with valid order of court, and bill therefor is not presented before lapse of appropriation out of which same could be made, an award for said fees in the amount fixed by Statute may be made.

The claimant is Sheriff of Johnson County, Illinois, and during the month of March 1933, upon the order of the Circuit Court of that County, he conveyed Oneal Wood, Herbert Allen, Ray Boggs and Carlos Green to the Southern Illinois Penitentiary at Menard. He has never been paid for such services.

The claim was filed June 1, 1934 for the sum of $53.40.

The claimant filed a claim with the Department of Public Welfare, but this claim has not been paid because the appropriation covering the 57th biennium lapsed September 30, 1933. In a report dated June 28, 1934 from A. L. Bowen, Director of the Department of Public Welfare, it is stated that the Department would have passed the voucher for payment had it been presented at the proper time, and no objection is made to the allowance of same. It is admitted that all of these prisoners were delivered to the Penitentiary at Menard.

Section 19 of the Fee and Salaries Act provides that its Sheriffs, for conveying prisoners to the Penitentiary or Reform School of any County, should be paid fees out of the State Treasury. Where only one convict is conveyed at and after the rate of twenty-five cents for each and every mile necessarily traveled in going to the penitentiary or reform school from the place of conviction. Where more than two are conveyed, he shall be allowed twenty-five cents per mile for the first, fifteen cents per mile for the second, and ten cents per mile for each of the others.

There is no question but that the claimant earned and was entitled to the fees for which claim was filed, and that same would have been paid if the bill therefor had been presented before the appropriation lapsed.

We, therefore, make an award in favor of the claimant in the sum of $53.40.

Official volume 8 (Containing cases in which opinions were filed between July 1, 1933–June 30, 1935, and advisory Opinions furnished University of Illinois)  ·  All opinions in this volume  ·  Also on CourtListener

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