128 Iowa 610 | Iowa | 1905
It is alleged in the petition that the county has a population of over 11,000 and less than 28,000, and with reference to such counties it is provided in Code Supp. 190.2, sec. 510a, that the .sheriff shall receive in compensation for his services including the salary provided by Code, section 511, the sum of $2,000 per annum, to be paid out of the receipts of the office, and that in such counties, <( in which the receipts of the office and the salary allowed under section 511 of the Code do not amount to the sum of $1,800 per annum, the board of supervisors shall, at the
It is conceded for the sheriff that the mileage in the service of civil process covers his expenses incurred in connection with such services, but it is claimed that as no mileage is allowed him in the service of criminal process, the expenses incident to such service are to be allowed the sheriff as reasonable expenses of his office. It is difficult to interpret Code Supp-. 1902, secs. 510a, 510b, as applied to the previous provisions found in Code, sec. 511, but we think the effect of the subsequent statute was to appropriate to the benefit of the county, all the fees provided for in Code, sec. 511, except the mileage for service of process in civil cases, and to allow the sheriff a salary in lieu of such compensation, which salary is. made to depend to some extent on the amount of fees received by him. As no provision is made for reimbursing him for his traveling expenses in the
The judgment of the trial court is therefore reversed.