Compensation

That return which is given for something else — a consideration: as, the conlpensation of an office, i Compensatory. Serving as an equivalent; making amends: as, compensatory damages, g. v. 1. Recompense; remuneration: as, for services rendered by an officer, agent, attorney, trustee. When not fixed by agreement, e\4dence of the amount ordinarily charged in like cases is admissible. The service, however, must be lawful. An agreement to pay a contingent compensation for professional services in prosecuting a claim against the government, pending in a department, is not unlawful.'^ In a constitutional provision that the " compensation" of any public officer shall not be increased or diminished during his term of office, applies to officers who receive a fixed salary from the public treasury, not to such minor officers as are paid by fees taxed, or allowed for each item of service as it is rendered.' When Congress has said that a sum appropriated shall be "in full compensation" of the services of a public officer, the courts cannot allow him a greater sum. The appropriation of a fixed sum as compensation, followed by the appropriation of a round sum as " additional " pay, evinces an intention not to allow further compensation during the period specified. So, a statute which fixes the annual salary of an officer at a designated sum without limitation as to time, is not abrogated by subsequent enactments appropriating a less amount for his services for a particular fiscal year, but containing no words which expressly or impliedly modify or repeal it.* See Commission, 3; Continuance, 3; Count, 4 (1), Common; Expert; Impair; Legal; Salary.

2.

Remuneration for loss of time, necessary expenditures, and for permanent disability, if such be the result. 5 As, compensation for personal" injuries caused by another's negligence.

See Damages.

3.

Amends for privation of a thing; an equivalent for property taken for a public use.

Just compensation

Private property cannot be taken for a public use without just compensation being made or secured.

This 1 Searcy v. Grow, 16 Cal. 123 (1860). 2 Stanton v. Embrey, 93 U. S. 548 (1876). 2 Supervisors of Milwaukee «.. Hackett, 21 Wis. *617-18 (1837), Dixon, C. J. < United States v. Fisher, 109 U. S. 143 (1883); United States V. Mitchell, ib.

146 (1883); United States v. Langmeans pecuniary recompense equivalent in value to that of the property, i "Just" intensifies the meaning of "compensation " — imports that the equivalent shall be real, substantial, full, ample.'' Nearly all of the authorities agree that " just compensation " consists in making the owner good, by an equivalent in money, for the loss he sustains in the value of his property by being deprived of a portion of it.' In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in the sale of property between private persons. The inquiry is. What is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference 'to the uses to which it Is plainly adapted; that is to say, what] is it worth from its availability for vg.luable purposes... So many and varied are the circumstances to be taken into the account that it is perhaps impossible to formulate a rule to govern its appraisement in all cases. Exceptional circumstances will modify the most carefully guarded rule. As a' general thing, the compensation is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.* When an incorporated company appropriates land, the measure of compensation is the difference between the value of the property before and after the taking, and as affected by the taking. ^ See Domain, Eminent;.

Police, 2; Street; Take, 8. 4.

In equity, something to be done for, or money to be paid to, a person, equal In value or amount to the right or. thing of which he has been deprived. Ordinarily decreed as incidental to other relief sought by the bill, or where there is no adequate remedy at law, or where a peculiar equity intervenes.^' Compensation may be decreed where. the court cannot grant the specific relief prayed for. Thus, if a plaintiff was originally entitled to specific performance of a contract of sale, but it so happens that before the final decree it becomes impracticable for the defendant to make a conveyance, so that the specific relief sought for cannot be decreed, the court will not 1 Council Bluffs E. Co. v. County of Otoe,,16 Wall. 674 (1874). Strong, J. 'i ■V^irginia, &c. E. po. u.

Henry, 8 Nev. 171 (1873), Whitman, C. J. 'Bigelow V. West Wisconsin E. Co., 27 Wis. 487 (1871), cases, Lyon, J. < Mississippi, &c. Boom Co. v. Patterson, 98 U. S. 407-8 (1878), Field, J. » See Lake Erie, &c.

E. Co. v. Kinsey.

87 Ind. 516-81 (1883), cases; Shenango, &c. R. Co. v. Braham, 79 Pa. 453 (1875), cases; 39 Ala. 171-72; 42 id. 8;.!6 id. 679; 69 Ga. 323; 133 Mass. 265, 4.33; 84 Miss. 227; 86 id. 300; 17