Ketter v. Scioto Co.

Citations

• 19 Ohio C.C. Dec. 149

Syllabus

<p>CONSTITUTIONAL LAW — FEES—SHERIFFS.</p> <p>Jones, Walters and Cherrington, JJ.</p> <p>1. Fees foe Making Seevice and Retden on Weits in Conveying Peisonees to WoRKHouse Payable out of County Treasury.</p> <p>While Rev. Stat. 1230 (Lan. 2601), allows thirty- cents for making service and return on each writ in conveying sentenced prisoners to the workhouse in Cincinnati, Ohio, there is no provision therein for payment from the county treasury but Rev. Stat. 2101 (Lan. 3433; B. 1536-372), provides for the allowance of such fees, and that the same be paid out of the county treasury.</p> <p>2. Compensation foe Conveying Persons to Athens Asylum.</p> <p>Revised Statutes 719 (Lan. 1190) as amended 97 O. L. 296, passed April 23, 1904, includes all compensation to which a sheriff is entitled for conveying persons to the asylum at Athens, Ohio, upon the warrant of a probate judge.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Hospitals,’’ §§ 45-47; “Insane Persons,” §§ 188-193; 7 Cyc. Dig., “Sheriffs,” §§ 36, 37. — Ed.]</p> <p>3. Sheriff has no Recourse foe Payment of Fees foe Committing to Jail otheb than under Rev. Stat. 1231 (Lan. 2606).</p> <p>Revised Statutes 1230 (Lan. 2601) allows sixty cents for committing persons to jail and discharging them therefrom, but it is not available to the officer for the reason stated in the first clause above. Revised Statutes 1230b (Lan. 2603) provides for such allowance, and that it shall be paid out of the county treasury, but said section is in conflict with that part of Sec. 26, Art. 2 of the constitution which provides that “All laws of a general nature shall have a uniform operation throughout the state” and is therefore unconstitutional and void, and the sheriff has no recourse for such services other than is found in Rev. Stat. 1231 (Lan. 2606).</p> <p>[For other eases in point, see 7 Cyc. Dig., “Sheriffs,” §§ 36, 37. — Ed.]</p> <p>[Syllabus by the court.)</p>