Martin

This action was brought to recover the sum of three hundred and fifty-nine dollars and forty cents for fees alleged to be due the plaintiff. as a constable of the second township of said county.

The cause was tried by the court without a jury, written findings filed, and a judgment rendered thereon in favor of plaintiff for two hundred and twenty-two dollars and seventy cents and costs, from which judgment said plaintiff appeals.

The cause was submitted to the court upon the pleadings and upon certain written stipulation of facts agreed to and signed by the attorneys for the respective parties, from which it appears that plaintiff claims that he is entitled to the sum demanded in his complaint as constable fees under an act to regulate fees and salaries, etc., approved March 5, 1870, and it is admitted that plaintiff is entitled thereto if said last-mentioned act is in force.

Defendant admits that plaintiff is entitled to compensation for the services set out in his complaint under “ An act to establish a uniform system of county and township governments,” approved March 24, 1893, but that such recovery should not be had in this action, for the reason that the claim was not…