Plunkett v. Lawrence County

Citations

• 18 S.D. 450
• 101 N.W. 35
• 1904 S.D. LEXIS 80

Syllabus

<p>1. Code Or. Proc. 1903, § 724, provides that the sheriff shall have charge of the county jail. Section 730 declares that the sheriff of each county shall provide board generally and all necessaries for the comfort of the prisoners, and shall be allowed such compensation for services as may be prescribed by the county commissioners of their respective counties; and section 732 declares that the jailer shall, unless the sheriff elects to act as jailer in person, be a deputy appointed by the sheriff, etc. Held, that under such sections, where the services of a jailer were required, the sheriff was entitled to pay from the county for the jailer’s services, the amount to be fixed by the county commissioners.</p> <p>2. Where the services of a jailer were necessary in a county jail, and the county commissioners had allowed the sheriff $75 per month for the services of such jailer for the preceding three years, the board was not entitled to refuse to allow the sheriff’s charge of $75 per month for a past quarter, no notice having been given to the sheriff that the board would refuse to allow such sum for the jailer.</p>