127 Ky. 8 | Ky. Ct. App. | 1907
Opinion of t;ke Court by
Affirming.
By an act of the Legislature, approved March 21, 1904 (Laws 1904, p. 127, c. 52), it was provided: “Where state guard companies have been or may hereafter be, organized, and furnished with public arms or equipments by the Governor, in any county of this Commonwealth, the fiscal court of said county shall provide, at the cost of the county, an armory for drill, and safe place for keeping such public arms and equipments, where they will be at all times
Section 3948, Ky. Stats. 1903, provides: “The jailer of each county shall be superintendent of the public square, court-house, clerk’s office, jail, stray-pen and other public county buildings at the seat of justice.” The last-named section has been the law in this State for a number of years. Section 356, Ky. Stats. 1903, requires the jailer to furnish fuel, lights, and water to the circuit court rooms, and allows him $2 a day therefor, to be paid out of the State treasury. But as custodian of the courthouse he is allowed nothing in the way of fees for janitor’s services. Such services are ex officio services for which the jailer receives no fee. It was so held in the case of Mitchell, Jailer, v. Henry County, 124 Ky. 833, 100 S. W. 220, 30 Ky. Law Rep. 1051. Section 1749, Ky. Stats. 1903, provides: “No fee bill shall be made out or compensation allowed hereafter for any ex officio services rendered* or to be rendered by any officer. ’ ’ Concerning the general jurisdiction of the fiscal court over the public funds and property of the county it is provided (section 1840, Ky. Stats. 1903): “The fiscal court shall have jurisdiction to appropriate county funds authorized by law to be appropriated; to erect and keep in repair necessary public buildings.
While a county may not become indebted by implication of law as private corporations may be, but must have a specific warrant of the law for every obligation they assume (Wortham v. Grayson County, 13 Bush, 53), we think it is necessarily im
We conclude therefore that under the statute of 1904, and under the other statutes quoted above, the fiscal court of the county may take such provision for the maintenance and care of the armory building as may be necessary for its proper use.
Such was the judgment of the chancellor below, and it is affirmed.