185 Ga. 393 | Ga. | 1938
1. It is the official duty of a board of county commissioners of roads and revenues to fix and allow to the sheriff as ex-officio jailer “a sufficient amount for the diet of prisoners, that their strength and health should not suffer in consequence of any insufficiency of food.” Board of Commissioners of Jasper County v. Persons, 155 Ga. 277 (2) (116 S. E. 538); Code, §§ 77-103, 77-110, 24-2823. Whether or not, upon their failure so to do, mandamus would be the proper remedy to require reimbursement to the sheriff for funds thus necessarily expended by him in excess of the amount allowed by an existing rule
(a) Upon the special issues of fact submitted to the jury in this, case, the evidence can be taken to authorize the finding as made, that the amount of 50 cents a day for each prisoner, allowed by the commissioners, was inadequate, and that the sheriff was entitled to receive an additional 25 cents a day for each in order to provide proper food.
(5) It was not error to charge that if the jury found the amount of 50 cents, allowed by the commissioners, “insufficient, not reasonably sufficient, then you would be authorized to find in favor of the plaintiff . . such an amount, over and above the amount allowed by the commissioners, as would fairly and reasonably compensate him for dieting the prisoners confined in the jail;” especially where, immediately preceding this, the judge charged the rule stated in the Jasper County case, supra, and that the jury should “look to see if the amounts allowed by the defendant commissioners for the diet of prisoners were reasonably sufficient to preserve the strength and health of such prisoners; and if those amounts were sufficient, then your finding on the matter of diet would be in favor of the defendants;” and where, immediately following this and a statement as to the additional amount claimed for this item, the judge further charged that “this is a mandamus case, and mandamus is a remedy for official inaction; and the rule is, it does not lie to control the conduct of officials, as in this case, vested with a discretion, except where the exercise of that discretion has been so capricious or arbitrary as to amount to a gross abuse of discretion.” As to whether the instruction complained of would have been erroneous, if only the latter principle, controlling mandamus cases, had been omitted, need not be determined.
2. A telephone in the office of a sheriff, where it is necessary for official business, comes within the scope of matters which a county may maintain by "taxation. Wood v. Vienna Telephone
3. There being no conflict in the testimony as to the number or the dates or duration of the feeding of prisoners by the sheriff, but the only dispute being as to the proper amount of allowance for such services, the question whether or not the court erred in admitting the sheriff’s book of account, which was introduced for the purpose of corroborating his oral testimony as to the correctness of these items, is immaterial, and the admission of the book,in any event, could not have constituted harmful error.
4. “Turnkey” fees of 60 cents, “for turning key on receiving, discharging, or conducting a prisoner before any court,” which moneys are part of the “jail fees” to sheriffs as ex-officio jailers, allowed by the Code, §§ 24-2823, 77-103, are part of the “costs” chargeable against defendants in criminal cases, collectible from them or from fines and forfeitures in insolvency cases, in the manner provided by the Code, §§ 27-2801 to 27-2806, inclusive, and. §§ 27-2902 to 27-2914, inclusive; and a county is not liable therefor from general funds in the county treasury. Hall County v. Gilmer, 123 Ga. 173 (3), 176 (51 S. E. 307); Gordon County Commissioners v. Harris, 81 Ga. 719, 720 (8 S. E. 427); Polk County v. Crocker, 112 Ga. 152 (37 S. E. 178); Davis v. State,
5. The verdict and judgment, requiring the board of commissioners to pay to the sheriff specified amounts for cost of feeding prisoners, telephone, and $115.80 “turnkey fees,” being illegal only as to the last item, the refusal of a new trial is affirmed on condition that such item be stricken when the remittitur is made the judgment of the trial court; otherwise the judgment is reversed.
Judgment affirmed on condition.