County of Alexander v. Myers

Citations

• 64 Ill. 37

Syllabus

<p>1. County—liability of, for sheriff's fees in ariminal cases. Neither the act of 1865, nor any previous law fixing the fees of sheriffs, makes any provision that the county shall pay the sheriff’s fees that he may earn m any criminal cause where the defendant is found not guilty.</p> <p>2. Same—-sheriff’s fees for summoning grand and petit juries. Although the act of I860, entitled “ An act to regulate tile fees and compensation of sheriffs and collectors in certain counties,” (Laws 1865, p. 69,) provides that the fees of the sheriff for serving each grand and petit juror shall be fifty cents, and mileage in making such service shall be five cents per mile, yet the act contains no provision that the county shall pay the same, and it seems that the county is not liable therefor.</p> <p>3. Same—summoning talesmen. But if it were conceded that it was the intention of the legislature that the county should pay for such services, the liability would be confined to service in summoning the regular panels of jurors, and would not embrace service in summoning talesmsn, who. are supposed to be selected from the bystanders. For such service the sheriff and his bailiffs receive a pm' diem fee from the county.</p> <p>4. Constitutional law. The court seem to entertain doubts of the constitutionality of the special act of 1865 regulating the fees, of sheriffs in certain counties.</p>