53 Ind. App. 149 | Ind. Ct. App. | 1913
— This action is based on a claim of appellant, against Dubois County, Indiana, for expenses incurred as agent of this State in the return of a person charged with crime from the state of California to said county. On Sept. 14,1909, an affidavit was filed before Frank L. Betz, a justice of the peace, in Dubois County, Indiana, charging one Alois Beiter with the crime of wife desertion. A warrant was duly issued by said justice of the peace for the arrest of the defendant. Joseph Kraft, Sr., marshal of the town of Jasper, Indiana, made application to the Governor of Indiana, for requisition papers to bring the defendant from the state of California, which application was approved by Horace M. Kean, deputy prosecuting attorney. Requisition papers were thereupon duly issued by Thomas R. Marshall, Governor of Indiana, on September 15, 1909, commissioning the appellant, who was then the duly elected, qualified and acting sheriff of said Dubois County, as agent of this State to apprehend and return said Beiter to the State of Indiana.
Appellant duly performed this duty and thereafter filed his claim for mileage and the same was presented to the Board of Commissioners of Dubois County in accordance with the act of March 5, 1909 (Acts 1909 p. 165), amending §42 of the act of March 10, 1905 (Acts 1905 p. 584, §1909 Burns 1908). The claim in the sum of $250.91 was disallowed by said board and an appeal was duly taken to the Dubois Circuit Court where a demurrer to said claim, by appellee, on the ground that the same does not state facts sufficient to constitute a valid claim against said county, was sustained. Appellant refused to plead further, judgment was rendered against him for costs and this appeal was
The claim was certified by the justice of the peace before whom the affidavit was filed and was held insufficient on the ground that the statute does not authorize payment except “upon certificate of the judge before whom said indictment or affidavit is on file,” and that a justice of the peace is not a judge within the meaning of the statute authorizing such payment of expenses. Amended §42, supra,, after providing for the issuance of the requisition for the person to be apprehended, states that “the judge before whom the said indictment or affidavit is filed, shall issue a warrant for the arrest of said criminal, ’ ’ and also specifies the compensation of the agent charged with the duty of apprehending and returning the fugitive to this State, and then provides that: “The said agent shall be reimbursed for all money legally expended to obtain possession of said criminal upon presentation of receipts covering the same together with a sworn statement by him that such items of expenditure are true and correct. Such sum shall be paid out of the county treasury of the county in which the said crime was committed upon certificate of the judge before whom said indictment or affidavit is on file, stating that the said criminal has been brought before him and arraigned and on the verified statement of said agent certified to by the said judge, filed with the auditor of the said county who shall draw his warrant therefor. And the county council shall make such appropriation as shall be necessary to carry out the provisions of this act.” The act of 1905, supra, being §§1892-1909 Burns 1908, covers the subject of fugitives from other states found in this State and those who have fled from.this State, and amended §42 of the act supersedes or takes the place of §1909, supra, of the statute.
The apparent hardship of this case must not be allowed to make bad law. The statute has not been followed and the court did not err in sustaining the demurrer.
Judgment affirmed.
Note. — Reported in 101 N. E. 321. See, also, under (1) 36 Cyc. 1108, 1111, 1128; (2) 36 Cyc. 1114; (3, 5) 19 Cyc. 100; (4) 23 Cyc. 504 ; 21 Cyc. 308; (6) 23 Cyc. 504 ; 24 Cyc. 402; (7) 11 Cyc. 430, 595. As to Intent of lawmakers, also ordinary meaning of words used, as essential considerations in construing a statute, see 12 Am. St. 827. As to proceedings for extradition of persons charged with crime, see 57 Am. Dec, 389; 112 Am,. St. 103.