104 Iowa 231 | Iowa | 1897
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The case comes to us upon a certificate from the trial judge, the material parts of which are as follows: “On the sixth day of July, 1896, the plaintiff,
Section 6, chapter 43, Acts Twenty-third General Assembly, makes it the duty of the board of supervisors to fix the compensation to be allowed to all officers, in the enforcement of the statutes relating to vagrancy, and further provides that the amount allowed the “peace officer” for all services except making the arrest shall not exceed a certain amount. The whole chapter relates to the arrest and punishment of tramps and vagrants. Code 1873, section 4109, is in the following language: “The following persons respectively are designated in this Code under the general term ‘peace officer’: 1st: Sheriffs and their deputies; 2nd: constables; 3rd: marshals and policemen of'incorporated cities and towns.” Chariton is a city of the second class, and section 3 of chapter 13 of the Acts of the Twenty-fifth General Assmbly provides that “in all such cities the marshal, deputy marshal and police shall be appointed by the mayor, with the approval of the council, and hold their offices during his pleasure;” thus recognizing a deputy marshal as one of the proper officers of such a municipality. Chapter 43 of the Acts of the Twenty-third General Assembly makes it the duty of all peace officers to arrest any vagrant whom they may find at large, and take him before some •magistrate of the county, city or town in which the arrest is made. To be entitled to any compensation for his services, the plaintiff must show that he is a “peace officer,” within the meaning of that term as used in the Acts of the Twenty-third General Assembly, to which • reference has been made, for