Coun Ty of Will v. State of Illinois

C OUN TY OF WILL, Claimant, IIS. STATE OF ILLINOIS, Respondent.

Opinion filed May 9, 1950.

J OH N IRVING PEARCE, State’s Attorney, Attorney for Claimant.

IVAN A. ELLIOTT, Attorney General; WILLIAM H. SUMPTEE, Assistant Attorney General, for Respondent.

WRITS OF HABEAS CORPUS-Where county will be reimbursed for expense of Writs of Habeas Corpus filed %nits jurisdiction. Where the claimant has the Illinois State Penitentiary located within its borders, [*193]

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and Writs of Habeas Corpus were filed in its courts by inmates who were not residents of the county nor were not committed by its court, an award will be made for necessary expenses of its officers incurred i in such Habeas Corpus cases. I J.

LANSDEN, I

Claimant, the County of Will, State of Illinois, with- ~ in the borders of which is located the Illinois State Peni- I ~ tentiary, seeks to recover from respondent the sum of I $528.00. The action is brought by virtue of Ill. Rev.' Stat. 1947, Chap. 65, Sees. 37-39, io recover the necessary ex- ~

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penses incurred by its officers by reason of court proceedings in such county involving petitions for Writs I

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of Habeas Corpus by or on behalf of inmates of a State I charitable or penal institution who were not residents t of such county at the time of their commitment and were not committed by any court therein. ~ ~ Claimant has previously been g a n t e d an award of I $561.50 by this Court in a similar case under the same I

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statute, in which case claimant was awarded reimburse- I ment for expenses incurred in'Habeas Corpus cases for I the period September, 1947, through June, 1948. County of Will v. State, 18 C.C.R. 189. That case and County of Raadolph v. State, No. 4157, opinion filed February 14, 1950, control this case and are authorities for an award in this case.

Claimant and respondent have filed a stipulation of facts in this case. Such stipulation is hereby approved.

The stipulation discloses that claimant has complied with all of the statutory prerequisites to recovery and that, during the period from July, 1948, through March, 1949, seventy-nine petitions for Writs of Habeas Corpus were filed in the Circuit Court of Will County, Illinois, by inmates of the Illinois State Penitentiary who Tvere not residents of the County of Will or committed by any court therein. In each case the clerk would be entitled [*194] to a fee of $5.00, or a total of $395.00. In addition, in connection with twenty-one of such petitions, photostatic copies of certain records and documents were required to be furnished by the clerk to the Attorney General of the State of Illinois at a cost of $133.00.

No other reimbursable expenses are sought by claimant herein.

An award is, therefore, entered in favor of the County of,Will, State of Illinois, in the sum of $528.00.