Neher v. McCook County

Citations

• 11 S.D. 422
• 78 N.W. 998
• 1899 S.D. LEXIS 35

Syllabus

<p>Under Comp. Laws, § 1409, declaring thé sheriff entitled to'the following fees: “Serving copies with commitment or bail bond and return, $2. For each search on search warrant, $1 * * * Traveling expenses for each mile actually and necessarily traveled, 10 cents, * * * Summoning grand jury, including mileage, to be paid by the county, $8. Summoning petit jury, including mileage, to be paid by the county, $16. Summoning special jury, for each person empaneled, 25 cents. * * * For distributing ballot boxes to the various precincts, $2 per day and mileage;” and Section 1410, thereafter enacted, providing that “the sheriff * * * shall be entitled to receive 5 cents a mile for each mile actually and necessarily traveled for summoning a grand and petit jury, to be paid by the county in addition to the compensation now allowed by law: provided, that no additional mileage shall be allowed a sheriff for summoning talesmen, over and above that now fixed by law,” — the compensation for summoning a petit jury is $16, and mileage of 5 cents, not 15 cents per mile.</p>