Lenhart v. Cambria County

Citations

• 216 Pa. 25
• 64 A. 876
• 1906 Pa. LEXIS 556

Syllabus

<p>Sheriffs — Compensation—Statutes—Repeal—Acts of April 2, 1868, P. L. 3, and July 11, 1901, P. L. 663.</p> <p>The Act of July 11, 1901, P. L. 663, entitled “An Act to regulate and establish the fees to be charged by sheriffs in this commonwealth, and to provide for the taxation and collection of the same,” supersedes and repeals the fee bill of April 2, 1868, P. L. 3.</p> <p>Under the Act of July 11, 1901, P. L. 663, the sheriff is entitled to a fee of ten cents per mile from the place where he receives convicts and lunatics, for the distance necessarily traveled to the places of their delivery, and for his return to his starting point, if his return to such point is a necessary portion of his official trip.</p> <p>Where the sheriff has several commitments placed in his hands for several persons, at the same time, he is entitled to mileage on each commitment.</p> <p>The six cents mileage for each prisoner is direct and not circular mileage.</p> <p>The additional sum allowed by the act of July 11, 1901, to the sheriff for “necessary expenses,” is intended to cover reasonable help and expenses in transporting and delivering the convicts and lunatics to the penitentiary and asylum. If there is any dispute as to whether the charges for help and expenses are reasonable, the question is for the jury and not for the court.</p> <p>There is no authority in the act of 1901 to enable the sheriff to make a charge of $4.00 per day for deputies employed in the transportation of prisoners.</p>