Remer v. Lawrence County

Citations

• 13 S.D. 418
• 83 N.W. 554
• 1900 S.D. LEXIS 163

Syllabus

<p>1. Comp. Laws, § 1409, declares the sheriff entitled to the following fees: Summoning grand jury, including mileage to be paid by the county, $8; summoning- petit jury, including mileage, to be paid by the county, §16; traveling- expenses for each mile actually and necessarily traveled, 10 cents. Section 1410, enacted thereafter, declares that the sheriffs of all counties shall be entitled to receive 5 cents per mile for each mile actually and necessarily traveled for summoning a grand and petit jury, in addition to the compensation allowed by law.’ Held, that as it was the evident intention of the legislature that the term “including,” as used in Section 1409, should be used in its ordinary sense, to the effect that the §16 for summoning a petit jury and the §8 for summoning a grand jury should be the whole compensation of the sheriff therefor, a sheriff is entitled to 5 cents, not 15 cents, mileage for traveling and summonning grand,and petit juries.</p> <p>2. Comp. Laws, § 1409, declares the sheriff shall receive the following fees: Summoning grand jury, including- mileage, $8; summoning petit jury, including- mileage, §16; and declares that sheriff shall be entitled to charge and receive for making copies of all processes, bonds, or papers, other than in the statute provided, 1 cent for every 10 words, making-copies of a venire of grand and petit juries not being mentioned in the statute. Held, that as, when section 1409 was adopted, the law required the clerk to issue venires, and the sheriff might serve them by reading or delivering a copy, it cannot he inferred that it was intended that a sheriff should receive compensation for making- copies in addition to the compensation specifically provided for summoning grand and petit jurors.</p>