Hancock County v. Vairin

Citations

• 119 Miss. 315
• 80 So. 780

Syllabus

<p>1. Fines. Proceeds of fines. Discretion of supervisors.</p> <p>Under the terms of the statute, Laws 1912, chapter 124, the board of supervisors had the discretion to appropriate the money arising from fines for the unlawful sale of intoxicating liquors or the keeping of the same for sale, or not to do so, and discretion as to what sums, not exceeding one-third of such fines, shall be appropriated, and the purpose for which the money shall be expended, or for the purpose of procuring evidence of the violations of the statutes or ordinances against the unlawful sale or keeping of intoxicating liquors.</p> <p>2. Same.</p> <p>The primary purpose of the statute was to enable the board to use such moneys for the purpose of obtaining evidence, and in such case, the money should be first apropriated and the contract for procuring the evidence should be made by the board, or some officer authorized by the board to make such contracts, and when the claim is presented for allowance, it should be itemized or in writing, showing to whom, what amount and for what purpose the money was expended.</p> <p>3. Same.</p> <p>The discretion of the board of supervisors under a mere enabling act cannot be controlled by the courts.</p> <p>4. Sheriffs and Constables. Right to compensation.</p> <p>The sheriff is not entitled to one-third of the fines, from the simple fact that he made the arrests and furnished the evidence for conviction. It is his duty as an officer to give information to a peace officer of a violation of the law coming to his notice and it is his duty to execute process directed to him in arresting parties and summoning witnesses. *</p> <p>5. Same.</p> <p>The sheriff may, when authorized by the board employ persons to procure evidence and pay such sums as the board may agree to pay for that purpose and be re-imbursed for such sums paid out for this purpose if the board has authorized the funds to be appropriated for that purpose, but he cannot receive additional compensat