ERROR TO PEORIA.
Sheriffs are not allowed pay for stationery, or for services in summoning grand juries, etc. There is no legal or moral obligation on the counties to pay such charges. They take the office cum onere.
This was an action - commenced by the sheriff of Peoria county, for the purpose of recovering for oEcial services, rendered the county.
The declaration was in debt, and there was a plea of the general issue.
The case was submitted to Powell, Judge, for decision, without a jury, on an agreed state of facts. The defendant admitted that the services were rendered as charged in the bill, and that they were of the value as charged in the bill of items, but denied the liability of the county to pay for the same.
The items admitted to be correct, consist of mileage in summoning grand and petit jurors for different terms of the Circuit and County Courts, and amounting to $163.30.
Also, for serving subpoenas before the grand juries and for the court, in different cases, amounting to $50.80.
Also, for money paid out for printing of jury warrants, certificates, bonds and bills of sale, amounting to $32.
All of which was admitted to be correct, as to the items charged, but defendant denied the liability of the county therefor.
The case was submitted to the court on the following agreed state of facts, to wit:
It is agreed in the said cause, that the plaintiff was sheriff of Peoria county, and as such, rendered the services of “ mileage ” in serving venires duly issued by the county clerk of Peoria county, and in executing orders of court for summoning jurors, as charged in his bill filed with the declaration in said case.
It is also agreed, that the plaintiff rendered services to the value of thirty dollars," of the services charged in that part of the bill filed with that part of the declaration marked as “ criminal bill for convictions,” etc., which last mentioned services were rendered for serving subpoenas before the grand jury of said county—for serving writs of scire facias on forfeited recognizances, in criminal cases, and for serving writs of capias and subpoenas in cases pending in the Circuit Court of Peoria county, in which cases convictions were had. It is further agreed, that the said plaintiff has paid out for printing of blanks of the kind charged in said bill, and which were *196proper to be used in the- discharge of his duties of sheriff, money, to the amount of thirty-two dollars, as charged in said bill; that he has used a part of said blanks in the discharge of his duties as sheriff, - and that he has the remainder of such blanks in his possession to be used in the same manner, and that the same were of the value charged in said bill.
It is further agreed, that no part of the value of said services, as such, has been paid to said sheriff.
It is further agreed, that during the time while the said services in serving venires, and executing orders of court to summon jurors as aforesaid, were being rendered, the defendant allowed and paid to the plaintiff ten dollars for each regular panel of jurors, and ten dollars for every panel of jurors summoned by order of court, both in the Circuit Court and County Court of said county.
The court shall take this agreement as evidence in said cause, and shall determine said cause without the intervention of a jury.
The court rendered judgment for the defendant, to which plaintiff excepted.
M. Williamson, for Plaintiff in Error.
Manning & Merriman, for the County.
Breese, J.
We cannot find any statute which in its terms, or by any construction it may have received, allowing sheriffs pay for the services here shown, or for stationery in any form. There is neither a legal or moral obligation on the counties to pay such charges. He who takes the office of sheriff, takes it cum onere.
The judgment is affirmed.
Judgment affirmed.