117 Ky. 700 | Ky. Ct. App. | 1904
Opinion of the court by
Reversing.
The term of S. J. Shackelford as clerk of this court expired on the first Monday in January, 1904. He was succeeded by J. Morgan Chinn. At the expiration of the term there were a number of fee hills outstanding, and unpaid, due the clerk of this court for services rendered. This agreed case between Shackelford, Chinn, and the Auditor
Section 38 is in these words: “The clerk of the circuit court, the clerk of the county court, commissioners, receivers, examiners, and the sheriff .of each county having a population of seventy-five thousand or over, shall, after the terms of the present incumbents, respectively expire, and on the first day of each month, severally send to the Auditor of Public Accounts a statement, subscribed and sworn to by each of them, showing the amount of money received or collected by or for each of them the preceding month as fees or compensation for official duties, and shall, with such statement, send to the Auditor the amount so collected or' received.” Section 39 provides that each of the officers mentioned above shall receive an annual salary of $5,000, and that the number of deputies, their compensation, and the necessary expenses of the office shall be fixed by an order of court, which shall be forwarded to the Auditor. Section 40 provides that the chief deputy shall re-’ ceive a salary of $2,000, and the other deputies not exceeding $1,500 each. Section 41 provides that the salary of each officer and his deputies, and the expenses of the office, shall be paid monthly by the Treasurer of the State upon the warrant, of the Auditor, if 75 per cent, of the amount paid into the treasury during the month is sufficient to- pay them, and that if there is a deficit for any month it may be made
It will be observed that section 38 refers only to the clerk of the circuit court, the clerk of the county court, commissioners, receivers, examiners, and the sheriff of each county having a population of 75,000 or over. After the amount of the salaries of the officers and their deputies, and the necessary expenses of the office, are regulated in sections 39 and 40, it is provided in section 41 that 75 per cent, of the amount paid in by them monthly may be used to pay
Section 53 applies to officers in a county having a population of over 40,000 and under 75,000. Section 54 applies to the assessor, in counties having a population of over 75,000, and the clerk of the Court of Appeals. It will thus be seen that by the act the officers are divided into four classes: (1) The clerk of the circuit court, clerk of the
county court, commissioners, receivers, examiners, and the sheriff in counties having a population of 75,000 or over; (2) the jailer in counties having a population of 75,000 or over; (3) the jailer, county clerk, circuit clerk,, commissioners, receivers, examiners, and the sheriff in counties having a population over 40,000 and under 75,000; (4) the
For these reasons we conclude that section 44 does not apply to the clerk of this court, but that, as shown by section 46 and the context, it applies only to those officers who are
Judgment reversed, and cause remanded for a judgment as herein indicated.