105 Pa. 300 | Pa. | 1884
delivered the opinion of the court, February 18, 1884.
The plaintiff, Apple, was elected sheriff of Crawford county in November, 1878, and entered upon the duties of his office on the 6th of January, 1879. .He served his full term of three years, 1879, 1880 and 1881, performing the duties of his office during the entire period. It was one of the duties of his office to board the prisoners of the county. The compensation to be paid for the performance of this duty was regulated from time to time by Acts of Assembly passed for that purpose. Thus by Act of 11th April, 1856, P. L., 314, it was enacted that the compensation should be fixed by the Court of Quarter Sessions of the respective counties. By the Act of 5th March, 1858, P. L., 70, the Act of 1856 was repealed as to the counties of Erie and Crawford, and it was provided that the compensation should be fixed by a majority of the - judges of the Court of Quarter Sessions, provided it should not exceed two dollars and fifty cents per week. By Act of 8th April, 1867, P. L., 909, it was enacted that from and after the passage of this Act the county commissioners of Crawford county shall pay to the sheriff of said county the sum of fifty cents per day for boarding each prisoner or other person confined in the jail of said county. This was the law in force when Sheriff Apple was elected, and under it he was paid according to its terms for the boarding of prisoners during the year 1879. By
The judgment of the court below is reversed, and judgment is now entered in favor of the plaintiff on the case stated for fourteen hundred and twelve dollars, with interest thereon from January 1, 1883, and costs.