84 Ga. 720 | Ga. | 1890
Wright, solicitor-general, presented his petition for mandamus against the plaintiff in error as treasurer of Richmond county, in which he alleged that there was a certain sum due him as solicitor-general, for insolvent costs which remained unpaid by reason of a deficiency of funds arising from fines and forfeitures; that his bill for such costs had been allowed by the judge of the superior court, and its payment recommended by the grand jury. A mandamus absolute was issued by the judge of the superior court, requiring the plaintiff'in error as treasurer to pay the amount so allowed the defendant in error.
The question in this case is, whether said solicitor-general is entitled to be paid his insolvent costs out of any funds in the county treasury, when the grand jury so recommends and the judge of the superior court so orders ? The solicitor-general bases his claim to be so paid on “ an act to provide for the payment of certain insolvent criminal costs in the Augusta judicial circuit,” approved Feb. 15, 1873. Acts 1873, p. 225. It was contended by counsel for the plaintiff in error that this act of 1873 was abrogated by the constitution of 1877. The act is as follows : Whenever at any term of the superior court of any county of the Augusta judicial circuit a majority of the grand jury shall so recommend, the judge of the superior court shall grant to the solicitor-general an order upon the county treasurer for the payment of any account for insolvent criminal costs, so recommended to be paid; and it shall be the
It was further insisted by counsel for the plaintiff in error that if the act in question was not abrogated by the constitution of 1877, it was repealed by “an act to repeal an act entitled ‘ an act to provide for the payment
But it is further contended by the plaintiff' in error
It was further insisted that if the act of 1873 was neither abrogated by the constitution of 1877 nor repealed by the act of 1879, it was so modified by article 7, section 6, paragraph 2, of the constitution (Code, §5190) as to forbid payment of insolvent costs out of any funds in the county treasury raised by taxation. This clause of the constitution specifies “expenses of courts” as one of the purposes for which taxes may be levied and collected. In the view we take of this case, the act of 1873 was a special law applicable to the counties of the Augusta circuit, and made “.expenses of courts” in that circuit the insolvent costs due the solicitor-general which were recommended by the grand jury to be paid; and this is therefore an object for which taxes may be levied and collected, and the act of 1873 is not repealed by anything contained in this clause of the constitution. The case of Adair et al. v. Ellis et al., decided at the October term, 1889, of this court (83 Ga. 464), is entirely different from the case under con
So upon the whole, if what we have said is correct, the judgment of the court below should be Affirmed.