58 Wis. 641 | Wis. | 1883
The amount involved is small, but the question presented is important, not only to constables and counties, but to the administration of criminal law throughout the state. Beyond question every person accepting an office takes it cum onere. Crocker v. Supervisors, 85 Wis., 284; McDonald v. Supervisors, 41 Wis., 642; Hartwell v. Supervisors, 43 Wis., 311. He has a right to the compensation provided, but is entitled to none other. lie may be dissatisfied with the amount provided, but his only remedy is to resign the office.
Where a constable receives from a justice of the peace a criminal warrant, commanding him forthwith to apprehend the person named, and to bring him before such justice to be dealt with according to law (sec. 4774, R. S.), bas be any right to withdraw from the justice and abandon the pris
The only remaining question is whether the statutes make any special compensation for services so rendered. No specific fee is allowed therefor in the fee-bill especially prescribed for constables. Sec. 843, R. S. But the statute does provide that, “ when a fee is allowed to one officer, the same fee shall be allowed to other officers for the performance of the same services, when such officers are by law authorized to perform such services.” Sec. 2959, R. S. This is found under the head of “ General Provisions Concerning Officers’ Fees.” Sec. 731, R. S., among other things, provides that “every sheriff shall be entitled to receive the following fees for his services, except for services in actions or proceedings before justices of the peace, for which fees are specially provided hy law: ... 32. Attending any court or officer with a prisoner, one dollar and fifty cents per day besides actual necessary expenses.” This subdivision was amended by ch. 176, Laws of 1882, by adding this: “Attending any municipal, police, or justice court, as officer with a prisoner, seventy-five cents for each half day, besides actual and necessary expenses.” The amendment, having been made since the services in question, has no application here, except to. show that the legislature understood what we apprehend the courts have always understood, that this subdivision fixed the fees of sheriffs for attending with a prisoner upon justices’ courts or committing magistrates, .as well as for so attending other courts and officers. And yet, under sec. 2959
It is true, sec. 843, R. S., provides that the constable may receive “ for attending at the command of a justice of the peace, on the trial of a cause before him, fifty cents for each half day; ” but this only refers to such attendance by the special command or order of the justice, and not to the cases referred to, where the constable is in duty bound to so attend with the prisoner whom he has arrested and holds in his custody. In addition to the constable so attending with the prisoner in charge, it may be essential for the justice to direct some other constable to aid in obtaining the jury, under some of the sections above cited, or in keeping order’, or in protecting the court or the prisoner, or any other ministerial acts or duty which- the necessities of a given case may require. So it may become essential for the justice to command such service in such civil actions as may be tried under peculiar circumstances or excitement.
As to the dollar and a half disallowed in the case of Leo Paul, we are satisfied that it refers to that charge for attending court with the prisoner, and not a deduction from the railroad fare, as claimed. The other -three small items mentioned on the argument are so insignificant in amount that we apprehend the parties will have no difficulty in adjusting them.
- By the Court.- — The judgment of the circuit court is reversed, and the cause is remanded with directions to enter judgment’ for the amount which shall be found due by the court, upon the principles stated in the above opinion.