137 Ga. 185 | Ga. | 1911
John W. Clark, as sheriff, applied for tbe writ of mandamus to compel Walter A. Clark, as treasurer of Richmond county, to pay him out of the county funds raised by taxation the sum-of $1,141.40 for “insolvent criminal costs” recommended to be paid by a majority of the grand jury of Richmond county. The treasurer resisted the application on the grounds, among others, that the plaintiff was not entitled to the relief sought. In support of his position it was insisted that a special act, approved September 16th, 1881 (Acts 1880-81, p. 533, upon which the plaintiff relied, was unconstitutional for a number of specified reasons, among them being: that it violated art. 1, sec. 4, par. 1 of the constitution, which inhibits the adoption of special laws for which there is provision by an existing general law, as set forth in section 4631 of the Code of 1873 (now embodied, in substance, in the Penal Code of 1910, §§ 1113, 1114); also that another special act, approved March 2d, 1874 (Acts 1874, p. 365), upon which the plaintiff relied, was not to be construed within itself, or in connection with any other statute on the subject, as furnishing grounds for the payment of the plaintiff’s insolvent criminal costs
“An act to provide the mode of fixing the pay of the sheriff, clerk of the superior court, and bailiffs, for services in said court, so. far as refers to the county of Richmond, and for other purposes.
“Section I. Be it enacted, etc., that from and after the passage of this act, the compensation of the sheriff, clerk, and bailiffs, for services rendered in the superior court of Richmond county, shall be fixed by the judge of said court.
“Section II. Repeals conflicting laws.”
By its terms the act does no more than authorize the judge tó “fix” the “pay” or “compensation” of the sheriff for services rendered in the superior court. Other existing laws, applicable alike to the sheriff of Richmond county and all other sheriffs of the State, provided fee bills in civil and criminal cases. ' Code of 1873, § 3696. The fees specified were thus “fixed” by law, not by the judge. In civil cases they were payable by the parties cast in the suit. Code of 1873, § 3675. In criminal cases they were payable as costs by the party convicted- (Code 1873, § 4699), or, in other instances, out of the fines and forfeitures (Code of 1873, § 4631), but in no case out of the general funds of the county raised by taxation. The special act of 1874 is to be construed in connection
Judgment reversed.