Murch v. Board of Supervisors

Citations

• 73 Miss. 356

Syllabus

<p>Fees and Costs. Justice of the peace. Comity convicts. County’s liability for costs. Code 1893, \\ 803. Alois 1894, p. 74.</p> <p>Although, from l 803, code of 1893, providing that “the sheriff shall take a receipt, in duplicate, for each convict delivered by him, and shall deliver one of them to the clerk of the board of supervisors, with a true statement from his jail docket of the amount of the fine, costs and jail fees due by the convict, and that the clerk shall charge the sheriff with the same, except in case the convict be worked on the public roads, . . . when he shall charge it to-the proper road, . . . and credit the proper officers with their costs, to be paid to them by warrant on the county treasury,” as said section is otherwise re-enacted in § 39 of the act of 1894 (Acts, p. 74), there is an omission of .the concluding words thereof, to wit: “When he shall charge it to the proper road, on his ledger accounts, and credit the proper officers with their costs, to be paid out of the county treasury,” the county remains liable to a justice of the peace for costs due to him, where the costs and fines have been worked out by the convicts on public roads under the authority of the county, for the omitted clause is a mere direction as to the method of payment, in nowise affecting the power of the board to contract a liability to the officer for his costs by such disposition of the convicts.</p>