13. F. BROWN,Claimant, 21s. STATE OF ILLINOIS, Respondent. -
Case summary
The claimant, successor sheriff, sought payment for transporting prisoners to the penitentiary. The court awarded $23.25 because the service was rendered and vouchers submitted within a reasonable time, but payment was refused due to a lapsed appropriation.
Cases cited: Elgin, Joliet and Eastern Railway Company vs. State, 10 C. C. R. 243; Litchfield and Madison Railway Company vs. State, 11 C. C. R. 455
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Headnotes
- SmvIcEs-lapse of appropriation before payment-stLficient unexpended balmice in-when award may be made for value of. Where it clearly appears that State is liable for services rendered and that bill therefor, in correct ’, amount is submitted within a reasonable time and due to no fault or negligence of claimant, same is not approved and vouchered for payment, before lapse of appropriation from which payable, a n award may be made for amount due therefor, where there is sufficient unexpended balance in said appropriation to pay same, on claim-filed within a reasonable time.
W. S. Osborne, as sheriff of Marghall County, Illinois, on March 4, 1937, conveyed and delivered to the Warden of the Illinois State Penitentiary, at Joliet, Illinois, two prisoners who had been convicted and sentenced at the October term of the Circuit Court of Marshall County. The prisoners were conveyed together by automobile by way of Illinois State Route No. 17 from Lacon to Dwight, Illinois, and by way of Illinois State Route No. 66 from Dwight, Illinois to the Illinois State Penitentiary at Joliet, a distance of ninetythree miles. For this service, the sheriff was entitled to be paid twenty-five cents per mile, in going only, or a total sum of $23.25. Because the sheriff did not have the statements of the presiding judge and the State's attorney of the county for delivery to the warden, the sheriff's receipt for the prisoners was withheld. The statements were sent to the warden by the State's attorney on October 15, 1937. Claim was pre[*288]sented by the sheriff to the Department of Public Welfare by sending original vouchers to the Department on November 1, 1937 ; payment was refused because the appropriation from which these fees were payable had lapsed on September 30, 1937. The claimant, R. F. Brown, is successor to W. S. Osborne, and is the present duly elected, qualified and acting sheriff of Marshall County.
Under the law, claimant was clearly entitled to payment for the services rendered, submitted vouchers therefor within a reasonable time, and has not received payment. The non-payment is due to no fault of the claimant. When the charge {vas incurred there remained a sufficient unexpended balance in the appropriation from which payment could have been made. Claimant is therefore entitled to an award.
Elgim, Joliet awl Easter Railway C o m p my vs. State, 10 C. C. R. 243; Litdhfield and Madisoq%Railway Compafiy vs. State, 11 C. C. R. 455.
An award is therefore entered in favor of the claimant in the sum of $23.25.