On appeal from Camden City District Court.
McGeehan, Donges and Colie. The opinion of the court was delivered by McGeehan, S.j.a.d.
[1 NJSuper Page 123] Plaintiff sued to recover $249.99 in salary which plaintiff claimed was due to him as court interpreter for the period beginning February 1, 1948 and ending March 15, 1948. A judgment of no cause of action was entered
in the district court in favor of the defendant, and plaintiff appeals.
Defendant conceded that the plaintiff was appointed court interpreter in 1935 by the then Judge of the Court of Common Pleas of Camden County, and that his annual salary was fixed by the Judge, both pursuant to statute (now R.S. 2:16-35 and 2:16-36); that his annual salary since January 1, 1946 was fixed at $2,000; that he continued to serve and was paid at that rate by the defendant until February 1, 1948; that the county refused to pay any salary for the period in suit; and that plaintiff as such court interpreter was in the classified civil service. It was admitted that no resolution in connection with plaintiff's position or salary was requested by the judge or plaintiff, that no such resolution was passed by the Board of Freeholders prior to March 16, 1948, and that the plaintiff took no appeal to the Civil Service Commission before bringing suit. Although a resolution of the Board of Freeholders, passed May 25, 1948, was received in evidence, we disregard it as having no effect on this suit.
R.S. 2:16-35 provides: "* * * the judge of the court of common pleas * * * may appoint * * * interpreters * * *."
R.S. 2:16-36, until amended by P.L. 1947, c. 344, effective June 25, 1947, provided:
"The compensation of interpreters appointed to interpret * * * shall be fixed by the judge of the court of common pleas of the respective counties, or by the judges of such court if there be more than one such judge in any county and shall be as follows:
" In counties having more than three hundred thousand inhabitants, a salary of not more than thirty-five hundred dollars annually;
" In counties having between two hundred thousand and three hundred thousand inhabitants, a salary of not more than twenty-five hundred dollars annually;
" In counties bordering on the Atlantic ocean and having more than eighty thousand inhabitants, a salary of not more than sixteen hundred dollars annually.
"The salaries herein provided shall be paid by the treasurer of each county, semimonthly, out of the funds of the county, and shall, whenever fixed as herein provided, be in lieu of ...