91 Ga. 621 | Ga. | 1893
The compensation of official reporters is provided for and regulated by the act of October 12th, 1885. (Acts of 1884-5, p. 130.) That act declares that “the pay of official reporters shall be fifteen dollars per day for taking down the testimony in the trial of such criminal cases as are now required by law to be reported, which sum shall be paid by the county treasurer, or other officer’ having charge of the county funds of the county wherein such criminal case shall be tried, on the certificate and order of said judge as to the number of days he has-been employed.” It will be conceded, we presume, that-the words “said judge” mean the judge of the superior’ court. Under the plain terms of this act, county authorities, such as boards of commissioners, ordinaries,, or others who have the control, management and supervision of the county finances, but who are not the actual custodians of the public funds, have nothing whatever to do with the compensation of official reporters for services rendered in the superior courts. The law devolves upon the presiding judge the duty of certifying-as to the number of days the reporter has been employed in taking down testimony in criminal cases, and ordering-the payment of his bill by the county treasurer, “or other officer having charge of the county funds.” The county officials above mentioned have neither the right-nor the authoi’ity to audit or order paid the reporter’s-bills, or to take any other action concerning the same. Indeed, they have no duty whatsoever to perform in this-regard. It-follows inevitably that they cannot.be compelled by the writ of mandamus, or otherwise, to take;
It will be noticed that the order granted in the present ease was “ for services as official stenographer.” As every order drawn upon the public funds should be authorized by positive law, we think it would be safer and better for the judge’s certificate and order to strictly follow the statute, and state explicitly the number of days the reporter was employed in “taking down the testimony in the trial of......... criminal cases,” instead of using the general terms above quoted. The statute does not authorize the judge to grant an order on the county treasurer for any services by the reporter other than those therein expressly mentioned.
Judgment reversed.