Peeling v. York County

Citations

• 212 Pa. 245
• 61 A. 911
• 1905 Pa. LEXIS 593

Syllabus

<p>Sheriffs—Fees—Transportation of prisoners—Mileage—Act of July 11, 1901, P. L. 663.</p> <p>Under the Act of July 11, 1901, P. L. 663, which provides that “the sheriff shall be entitled to receive and have taxed as costs ten cents a mile, for each mile actually traveled and necessary,” the sheriff is entitled to charge ten cents a mile circular in transportation of prisoners to the penitentiary or other penal institutions.</p> <p>Under the act of July 11, 1901, which provides that the sheriff shall be entitled to charge “for transportation of each' prisoner, six cents per mile in addition to necessary help and expenses,” the sheriff may charge for hack hire paid by him in conveying prisoners from a railroad station to the institution to which they were committed; but in such a case the burden is on the sheriff to show affirmatively that the help employed and the expenses incurred were actually necessary for this purpose.</p> <p>On an appeal from county auditors’ disallowing a sheriff’s claim for mileage, the proceedings in the common pleas are de novo and the sheriff must make out a prinia facie case. If the parties at the trial agree upon most of the material facts, and the county calls the sheriff as for cross-examination and elicits from him, the facts relating to the only disputed matter, and the case is thus tried upon its merits, the appellate court will not reverse a judgment on a verdict for the sheriff because of any irregularity in the presentation of the proof.</p>