180 Ky. 196 | Ky. Ct. App. | 1918
Opinion op the Court by
Affirming.
The purpose.of this appeal is to determine the right of the clerk of the Jefferson county court to charge a fee of 30 cents, to be paid by each claimant, for issuing warrants against the county treasurer on claims in excess of $5.00 allowed by the fiscal court against the county. • The question arises in the following way: The fiscal court allowed J. H. Barr a claim of $851.00. Fred O. Nuetzel, clerk of the Jefferson county court and by virtue of his office, clerk of the fiscal court, entered the order of allowance and issued a warrant in favor of Barr for the amount of his claim. Nuetzel declined to deliver the warrant until the fee of 30 cents was paid by Barr. Whereupon Barr applied to the Jefferson circuit court for a writ of mandamus compelling Nuetzel as clerk to deliver the warrant. The Jefferson circuit court held that Nuetzel was not entitled to the fee of 30 cents and entered judgment commanding the delivery of the warrant. From the judgment so entered this appeal is prosecuted. By section 1835, Kentucky Statutes, enacted October 17,1892, it was provided as follows:
*197 ‘ ‘ The clerk of the county court of each county .shall by virtue of his office, be clerk of the fiscal court. He shall attend its sessions and keep a full and complete record of all its proceedings, with a proper index. For his services the fiscal court shall annually make him a reasonable allowance, to be paid out of the county levy.”
Subsequently by an act of June 15,1893, section 1720, Kentucky Statutes, was enacted, which provides in part as follows:
“Hereafter, the clerks of the Court of Appeals, clerks of the circuit courts, and clerks of the county courts, so far as the same will apply, shall receive the following fees for services performed by them: . . . For each order and certificate allowing any claim against the county or state treasurer, when the claim exceeds five ($5.00) dollars, and to be-paid by the claimant .... thirty ($.30) cents.”
Section 3, of the act of March 24, 1916, (acts 1916, chapter 72, p. 598), under which Jefferson county is now governed by commissioners, is as follows:
“The fiscal court of each county in this Commonwealth in which there is located a city of the first class shall have such clerk or clerks as may be necessary, and it shall be the duty of such clerk or clerks, to attend its session and to keep a full and complete record of all proceedings of the court, together .with a proper index and to perform such other duties as may be assigned to them by the court. The clerk of the county court shall, by virtue of his office, be clerk of the fiscal court and shall supply to said fiscal court such assistant clerks as they may require. For his services the fiscal court shall annually make him a reasonable allowance to be paid out of the county levy.” In section 9 of the same act, it is provided:
“All payments of the fiscal court in such counties shall be by warrant on the county treasurer signed by the presiding officer of the court and countersigned by the clerk of the court.”
As clerk of the fiscal court, the county clerk receives $1,500.00 per annum, which sum is paid to his deputy who acts as clerk of the fiscal court.
It will be observed that section 1835, supra, provides that the clerk of the county court shall by virtue of his office be clerk of the fiscal court, and that for his services as clerk of the fiscal court, the tfscal court shall annually
Judgment affirmed.