35 Minn. 365 | Minn. | 1886
Among the items in the bill charged by the plaintiff, as sheriff of his county, against the county, for services, were some for bringing prisoners into the district court for trial, arraignment, and sentence, and for attendance on them while in court, at terms when he was in attendance on the court, and some for washing for prisoners in his custody as sheriff. These items were disallowed by the district court, and the disallowance is alleged as error. The statute requires the sheriff to attend upon the terms of the district court, (Gen. St. 1878, c. 8, § 195;) and for
The statute allows a fee for “bringing any prisoner before any court for examination,” (Gen. St. 1878, c. 70, § 11,) and it is argued that a trial upon an indictment is an examination within the meaning of this clause. But the statute nowhere applies the term to such a trial. When used in criminal proceedings, it is always applied only to a preliminary inquiry, and never to a final trial on an indictment.
The statute does not expressly provide compensation to the sheriff for washing done for the prisoners. Gen. St. 1878, c. 120, § 8, requires of him that “strict attention is constantly paid to the personal cleanliness of all the prisoners in his custody, as far as may be, and shall cause the shirt of each prisoner to be washed at least once in each week,” etc. This is his duty as the keeper of the jail and the prisoners therein. The sheriff is allowed, by section 11, chapter 70, for “boarding prisoners, four dollars per week.” It is fair to presume that this was intended to cover all that is required of him as keeper of the prisoners, except where special compensation may be provided.
Judgment affirmed.