Lancaster v. Barnwell County

Citations

• 40 S.C. 445
• 19 S.E. 74
• 1894 S.C. LEXIS 169

Syllabus

<p>1. Costs being' purely statutory, cannot be allowed without express statutory authority, and being in the nature of penalties, statutes granting them must be strictly construed.</p> <p>2. Ibid. — Sheriff Acting as Constable. — A sheriff being allowed for executing papers issued by a trial justice the same fees as are allowed constables, and the constables of the State being allowed “for serving warrant for witnesses in any criminal case upon all the persons included in said warrant, one dollar,” the sheriff of Barnwell County is entitled to receive only one dollar for executing a warrant issued by a trial justice for several witnesses for the Court of Sessions.</p> <p>3. Ibid. — Ibid.—A statute that allows certain costs to a sheriff for executing papers issued by a trial justice, is not affected as to the costs of the sheriff of Barnwell County by a statute which gives to constables of that county u.salary in lieu of all costs in criminal cases, but retains the charge of costs for the benefit of the county, and also provides that for papers issued by a trial justice in cases cognizable in the Court of Sessions, and served by the sheriff, the sheriff “shall be entitled to receive therefor the fees which are now, or hereafter may be, allowed by law for such services.”</p> <p>4. Ibid.— Sheriff's Entries. — A sheriff is not entitled to costs for entry in his writ book of a warrant for witnesses issued by a trial justice, there being no statutory requirement for such entry.</p>