
    Lewis Anderson v. The Board of Commissioners of Jefferson County.
    No compensation is allowed by law for services rendered under an appointment by the Court of Common Pleas, as required by the act of March 13, 1872 (69 Ohio L. 42), of suitable persons to assist the prosecuting attorney in examining the annual report of county commissioners.
    Application for writ of mandamus.
    At the November term of the Common Pleas of Jefferson county, the plaintiff, with one John McClave, was appointed by the court to aid the prosecuting attorney of the county in the investigation and examination of the annual report of the commissioners of the county, touching their official transactions during the year next preceding the second Monday of September, 1873, and their statement of the financial affairs of the county. The appointment was made under the provisions of the seventh section of the act of April 8,1856, as amended March 13,1872. 69 Ohio L. 42. The appointment was accepted, and the duties thereof performed. Afterward, on the 5th day of September, 1874, the plaintiff presented his account for said services, amounting to $300, to the commissioners, for their allowance; and the commissioners then and there refused to audit and allow the same, or any part thereof, on the ground “ that they had no right or jurisdiction to act in the premises.”
    The aid of this court, by writ of mandamus, is now sought to compel the commissioners to act in the matter.
    
      John Me Clave £ J. F. Dayton, for plaintiff.
   By the Court.

This writ must be refused. The statute under which the appointment was made, and in pursuance of which the service was rendered, makes no provision for compensation for such services. Where a service for the benefit of the public is required by law, and no provision for its payment is made, it must be regarded as gratuitous, and no claim for compensation can be enforced.

Writ refused.  