16 Kan. 450 | Kan. | 1876
The opinion of the court was delivered by
There is but a single question in this case which requires consideration, and that is, whether a sheriff is entitled to collect mileage on tax warrants which are returned by him indorsed “no property.” This is a mere question of the construction of the statute. The sheriff can collect just such fees as the law gives him, whether in the particular case they are adequate compensation for the work done or not. He is entitled to the same fees on tax warrants as on executions. (Gen. Stat., p. 1060, § 128.) He is given for “serving and returning any writ, process, order, or notice, except as hereinafter otherwise provided, for the first person ■ 50 cents; for return of no property found, 25 cents; for every mile necessarily traveled in serving any writ, process, order, venire, or notice, 10 cents.” (Gen. Stat., p. 476, §3.) In §32, page 485, Gen. Stat., it is provided that “no officer shall receive any fees for constructive services or mileage in any case.” These, are all the provisions to which our attention is directed, or which seem to bear upon the question. And under them, we think the sheriff is not entitled to mileage where he returns the warrant “no property found.” He
The judgment of the court below must be reversed, and the case remanded with instructions to grant a new trial.