70 Mo. 137 | Mo. | 1879
This is a proceeding by mandamus to compel the auditor of public accounts to audit and allow as a just demand against the State, an account for the board of the defendant in the case of the State of Missouri v. Wm. Jones, from October 15th, 1879, to November 4th, 1879, said defendant having been sentenced to imprisonment in the penitentiary at the October term, 1879, of the Monroe circuit court, for the crime of burglary. The precise date at which the fee bill was made out by the clerk and allowed by the judge and prosecuting attorney, does not appear, but it must have been after the 1st day of November, 1879, the day on which the Revised Statutes took effect, as the account includes the board of the defendant up to the 4th day of November.
By section 5608 of the Revised Statutes, costs for boarding prisoners in the. county jail are required .to be paid by the counties in all cases. The Legislature has no power to deprive an officer of fees already earned by him.