Ex parte Patty
Ex parte Patty
Opinion of the Court
delivered the opinion of the court.
The relator, as clerk of the Chancery Court of Noxubee County, moved in said court for an allowance to himself of the sum of $100 for ex officio services for two years, being $50 for each year ; which motion was overruled. By the fee-bill of the Code of 1857, the Circuit Courts were authorized to make such allowances to the circuit clerks, upon the presentation of detailed fee-bills, approved by the district attorney ; but, although the clerks of the Chancery Courts were declared entitled, “ for all other services (after the specification of some of their services), to the same fees as are allowed clerks-of Circuit Courts for similar services,” this did not entitle them to the ex officio allowance of $50 per annum. The two courts were at that time blended into one, with but one clerk and one judge. Because the State paid no costs in State cases, there was allowed the clerk in the Circuit Court, upon.
By sect. 1361 of the Code of 1871, the several boards of supervisors were authorized to make “to the chancery clerks an annual allowance of $50, and also the compensation of $3 per day for their services in those tribunals.
In the act of March 6, 1875, by which the fees of all officers were revised and established, this authorization to the boards of supervisors to make such allowances was omitted (Acts Peg.. Sess. 1875, p. 137) ; but by the act of July 31, 1875 (Acts Spec. Sess., p. 25), it was declared that “ clerks of the Chancery Courts, and sheriffs, shall receive the same compensation for ex officio services as was allowed prior to 1st of January, 1875.” So far as chancery clerks are concerned, this revived only their right to receive allowances from the boards of supervisors, since this was the only compensation for ex officio services to which they were entitled, by law prior to the 1st of January, 1875.
Judgment affirmed.
Reference
- Full Case Name
- Ex parte Robert C. Patty
- Status
- Published
- Syllabus
- CHANCERY Clerk. . Fees. Ex officio allowance. Under tbe Code of 1857, the clerks of the Chancery Courts were not entitled to any allowance for ex officio services in such courts; and the only extra allowance which the Code of 1871 authorized to be made to chancery clerks was for' services as clerks of the boards of supervisors. The act of March 6, 1875, revising the fees of officers, omitted this allowance for services to the boards-of supervisors; and the act of July 31, 1875, which provided that “clerks of the Chancery Courts shall receive the same eompensation for ex officio services-as was allowed prior to 1st of January, 1875,” only revived the right of such clerks to receive the allowance from the boards of supervisors, authorized by-sect. 1361 of the Code of 1871.