118 Ky. 330 | Ky. Ct. App. | 1904
Opinion of the court by
Affirming.
Appellant was elected jailer of Livingston county in 1897, and re-elected in 1901. He filed this suit on October 21, 1903, to recover of the county an account amounting to $904 for fees coming to him for special terms of tlie county and fiscal courts, alleging that the county judge failed to use the courtroom, in holding these special terms, without any legal reason, and held these terms in the county clerk’s office or in the county judge’s office, and thus prevented the plaintiff from giving his actual attendance upon these terms of court, though he was in daily attendance upon the courtroom and the courthouse; that in every instance the county judge opened the term of court without notifying him, and refused to use the courtroom for these special terms. The circuit court
He relies upon section 1730, Ky. St., 1903, which is in these words: “The fees of jailors shall he as follows:
For attending county and quarterly courts, to he paid out of the county, levy, per day, not exceeding . . . $2.00. For furnishing fuel and lights to county and quarterly courts, a reasonable compensation, not exceeding $2.00 per day, to be paid out of the county levy. For putting a prisoner in irons, for an offense other than a felony or contempt, besides the cost of the irons, to be paid out of the county levy, . . . $0.50. For keeping and dieting prisoners in jail, when confined for an offense other than a felony or contempt of court, fifty cents per day, to be paid out of the county levy, unless confined for a breach of the by-laws or ordinances of a city or town, or for the violation of a statute, where the city or town gets the benefit of the fine; in that case to be paid by such city or town. For imprisoning and releasing a prisoner charged with a misdemeanor, sixty cents, to be paid out of the county levy, unless confined for a breach of the by-laws or ordinances of a city or town, or for violation of statute, where the city or town gets the benefit of the fine; in that case, to be paid by such city or town. And for imprisoning and releasing a prisoner charged with felony, sixty cents, to be paid out of the State treasury. For all other services performed by' him, the same fees as sheriffs.” This section must ‘be read in connection with section 1749, which contains this provision: “No officer shall demand or receive for his services any other or greater fee than is allowed by law, or any fee for sendees rendered when the law has not fixed a compensation therefor, nor any fee for services not actually rendered.” The meaning of section 1730 is that the jailer is to be paid, for attending county and quarterly courts, not exceeding
Judgment affirmed. ,
Petition for rehearing by appellant overruled.