Kottcamp v. York County

Citations

• 28 Pa. Super. 96
• 1905 Pa. Super. LEXIS 142

Syllabus

<p>Constables — Fees—Svhprmas—Mileage.</p> <p>A constable cannot be compelled to serve a subpoena issued from the office of the prothonotary or by the clerk of the court of quarter sessions for the attendance of witnesses at court. He may do so, as indeed, any private citizen may, but for such service he is entitled to the fee which the sheriff, or any person acting in his stead, is entitled to.</p> <p>The sheriff’s fee bill of July 11, 1901, P. L. 663, which allows “ten cents a mile for each mile actually traveled and necessary” does not restrict the right of recovery to mileage one way; the question is, how many miles were actually and necessarily traveled.</p> <p>A constable is entitled to be paid for receiving a prisoner from jail and taking him before a magistrate on a precept for a hearing, the same fee which he receives for the similar service rendered on a commitment.</p>