McDaniel v. Armstrong

Citations

• 21 Del. 240
• 5 Penne. 240
• 59 A. 865
• 1905 Del. LEXIS 11

Syllabus

<p>Case Stated—Sheriff—Salary and Emoluments of Office—Statute— Diminishing same—Constitution—Statute fixing Salary —Prisoners; Custody and Board of—Statute.</p> <p>1. The act entitled “ An Act to Establish the New Castle County Workhouse,” approved March 16, 1899; and the act entitled “An Act Fixing an Annual Salary for the Sheriff of New Castle County,” approved March 9, 1901, did not diminish the salary or emoluments of the Sheriff of said County in contravention of Section 4, Article 15 of the Constitution, which provides that “ No law shall extend the term of any public officer, or diminish his salary or emoluments after his election or appointment. ”</p> <p>2. The law of this State imposes no duty upon the Sheriff to board the prisoners, and whatever power or right he possesses in this regard is not a constitutional, common law or immemorial power or right attached to his office, but plainly and purely statutory,</p>