60 Miss. 949 | Miss. | 1883
delivered the opinion of the court.
The act entitled “An act to make the county of Warren, in this State, a separate circuit and chancery court district, and to provide for defraying the expenses of the courts therein,” approved, April 11, 1876 (Acts 1886, p. 237), in its provision for payment to the clerks of said courts of the license fees of attorneys and solicitors, and docket fees, added to those offices duties different in their nature from the duties .'of the offices at the time of the execution of the bond sued on, and these added duties were not embraced by the
Prior to the act referred to the circuit clerk was not charged by law with any duty of the nature or kind imposed by it. The act under consideration made a very important and material change in the nature of the duties of the clerk in its requirement that he should become a collector of the revenue for the defraying of the expenses of a separate circuit and chancery court district for the county of Warren, which was a material change of the scheme of maintaining courts, and conducting the offices of the clerks as before known and prac-tised in this State.
Judgment reversed, the demurrer of the sureties (appellants) sustained, and the action dismissed as to them. Judgment affirmed as to Denio, and judgment for costs against him and sureties on the appeal-bond.