{ "id": 1329158, "name": "Hempstead County v. Royston", "name_abbreviation": "Hempstead County v. Royston", "decision_date": "1893-10-14", "docket_number": "", "first_page": "113", "last_page": "117", "citations": [ { "type": "official", "cite": "58 Ark. 113" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "34 Ark. 263", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1875625 ], "weight": 3, "opinion_index": -1, "case_paths": [ "/ark/34/0263-01" ] }, { "cite": "40 Ark. 329", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1897163 ], "weight": 2, "opinion_index": -1, "case_paths": [ "/ark/40/0329-01" ] }, { "cite": "4 Ark. 473", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8729054 ], "opinion_index": -1, "case_paths": [ "/ark/4/0473-01" ] }, { "cite": "40 Ark. 331", "category": "reporters:state", "reporter": "Ark.", "opinion_index": 0 }, { "cite": "57 Ark. 487", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1324610 ], "opinion_index": 0, "case_paths": [ "/ark/57/0487-01" ] }, { "cite": "34 Ark. 263", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1875625 ], "weight": 4, "opinion_index": 0, "case_paths": [ "/ark/34/0263-01" ] } ], "analysis": { "cardinality": 402, "char_count": 7728, "ocr_confidence": 0.553, "pagerank": { "raw": 1.1518789679463643e-07, "percentile": 0.5816122870483955 }, "sha256": "681fd9fcf28be3cc082eff23f2462118d835f0bb8635d61dde9dc318919997f0", "simhash": "1:d7b6acb4ecdc765e", "word_count": 1347 }, "last_updated": "2023-07-14T19:41:42.064450+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Hempstead County v. Royston." ], "opinions": [ { "text": "Wood, J.\nAppellees, clerk and sheriff of Hemp-stead county, filed in the county court of Hempstead accounts for fees as follows\nFee-bill, Hempstead county, October term, Circuit Court, 1891.\nState of Arkansas,\nv.\nWm. and Ab. Easter,\nChange Venue, Clark county.\nTo C. E. Royston, Clerk:\nTo issuing 35 jurors\u2019 certificates of attendance ........................ .$17.50\nTo J. C. Jones, Sheriff:\nSummoning 42 extra jurors................ 21.00\nState of Arkansas,\nv.\nLuke Sullivan.\nTo C. E. Royston, Clerk:\nIssuing 12 jurors\u2019 certificates of attendance.. 6.00\nTo J. C. Jones, Sheriff:\nTo summoning 20 extra jurors.............. 10.00\nState of Arkansas,\nv.\nJoe J. Richardson,\nTo C. E. Royston, Clerk:\nTo issuing 12 juror certificates... \u2022........ 6.00\nTo J. C. Jones, Sheriff:\nTo summoning 35 extra jurors...........\u2022. .. 17.50\nThis fee-bill was disallowed by the county court; appellees appealed to the circuit court, where the case was tried de novo by the court sitting as a jury, and upon the following agreement as to the facts, :\u2014\n\u201c The cases of the State of Arkansas against Wm. and Ab. Easter, and the State of Arkansas against Luke Sullivan and J. J. Richardson, were tried in Hempstead circuit court upon change of venue from Clark county, and the plaintiffs, C. R. Royston, as clerk of Hempstead county, and James C. Jones, as sheriff of Hempstead county, performed the services herein charged for. The defendants, Wm. and Ab. Raster and Ruke Sullivan, were acquitted, and J. J. Richardson was convicted. As shown by the fee-bill, the services charged for were rendered in connection with the several juries which tried said cases.\u201d\nUnder the act of the g'eneral assembly, approved April 6, 1889 (Acts of 1889, p. 120), is Hempstead county liable for the services rendered or Clark county ? The act of 1889 is as follows: \u2018\u2018Sec. 1. That within thirty (30) days after the termination of any cause, in any circuit court of this State, that was tried on change of venue from another county, it shall be the duty of the clerk of said court to make an itemized statement of all the expenses incurred by his county in the trial of any such cause, and present it to the county court of the county in which the cause originated.\u201d\n\u201c Sec. 2. That the county court to whom any such bill of costs are (is) presented, properly authenticated, shall allow the same as if though the case had terminated in his own county.\u201d\nPrior to the passage of this act, the county where the offense was committed was liable only for those expenses which were proper to be taxed against the defendant, when convicted and not having property to pay, or, in other words, for the \u2018\u2018costs in the cause.\u201d The county trying the case was liable for all the current expenses of the court during the progress of the trial. This often placed heavy- burdens upon the trial county. Capital cases and other felonies, on change of venue, have been known to consume days, and even weeks, in their adjudication. The expenses incident to holding a court are necessarily great, and, although incurred by reason of an offense committed in another county, they had to be borne by the trial county, under the law before the passage of the act of 1889.\nApplying the general rules for the construction of statutes to the above act, we conclude that the legislature intended to relieve the trial county by making the initial county liable for \u201call the expenses incurred\u201d by the trial county on account of the change, including the current expenses of the coiirt, as well as those for which it was already liable, to-wit: the costs in the cause. Hence, the word \u201c costs\u201d in sec. 2 should be interpreted. expenses. Haney v. State, 34 Ark. 263 ; Reynolds v. Holland, 35 id. 56 ; State v. Jennings, 27 id. 419 ; State v. Smith, 40 id. 431 ; Sedgwick on Stat. and Const. Law, 354 (n); Potter\u2019s Dwarris, 214. See also Sutherland on Stat,. Con. 341, where the following language is used : \u201cWhere one word has been erroneously used for another, or a word omitted, and the context affords the means of correction, the proper word will be deemed substituted or supplied. This is but making the strict letter of the statute yield to the obvious intent.\u201d This view, we think, gives meaning to the legislative enactment. Under the former law, the court, upon motion of the prosecuting attorney, or anyone interested, or on its own motion, could have ordered the clerk to certify the costs to the proper county, and it was not necessary to pass the act in order to have the clerk certify the costs within a certain time. The clerk, who might reasonably be supposed to be interested in costs due his county, scarcely needed a legislative reminder to cause him to promptly discharge his duty. It follows, from What we have said, that, whether the services charged for be considered as expenses of court, or costs in the cause, in neither case is Hempstead county liable.\nThis court refuses to consider and determine the question as to whether there is anything due the appellees. I do not concur with the majority in that view. True, the amount involved in this controversy is of small consequence, but it is certainly an important question as to whether the clerk is entitled to any fee for issuing certificates to jurors, and whether the sheriff is entitled to any fee for summoning same. So far as the clerk is concerned, the decision of this court in Logan County v. Trimm, 57 Ark. 487, is conclusive of the issue as to him. But this court has never yet passed upon the question i as here presented, as to whether the sheriff is entitled to fees for summoning extra jurors, and I deem this question one of sufficient public importance to demand an authoritative announcement from this court. I think it is squarely presented, fully argued, and should be decided.\nReversed and dismissed.\nIndependence Co. v. Dunkin, 40 Ark. 331.", "type": "majority", "author": "Wood, J." } ], "attorneys": [ "jas. H. McCollum for appellant.", "R. B. Williams, for appellee." ], "corrections": "", "head_matter": "Hempstead County v. Royston.\nOpinion delivered October 14, 1893.\nChange of venue \u2014 Liability of initial county for expenses of trial.\nUnder the act of April 6, 1889, providing \u201cthat, within 30 days after the termination of any cause, in any circuit court of this State, that was tried on change of venue from another county, it shall be the duty of the clerk of said court to make an itemized statement of all the expenses incurred by his county in the trial of any such cause, and present it to the county court of the county in which the cause originated,\u201d and \u201cthat the county court to whom any such bill of costs are (is) presented, properly authenticated, shall allow the same as if the case had terminated in his own county,\u201d held, that the county in which a cause originated is liable for all of the current expenses incurred in another county in the trial of the cause, as well as for the costs, for which it was already responsible.\nAppeal from Hempstead Circuit Court.\nRueus D. Hearn, Judge.\njas. H. McCollum for appellant.\nHempstead county is not liable for the items charged for. By act April 6, 1889, (Acts 1889, p. 120,) Clark county was liable not for \u201ccosts\u201d but for all \u201cexpenses.\u201d 4 Ark. 473; 10 id. 467. It was intended to change the rule laid down in 40 Ark. 329, and make the original county pay all \u201cexpenses,\u201d the word costs being used in this sense. 34 Ark. 263 ; 35 id. 56 ; 27 id. 418 ; 40 id. 431.\nR. B. Williams, for appellee.\nThe summoning of jurors, issuing certificates to them, and such other like services, are a necessary part of the expenses of the court, and have never been treated as a part of the \u201ccosts\u201d of any case. 40 Ark. 329. The language of the act of 1889 will not justify the construction given it by appellant. It created no new liability, but merely fixed a time within which the accounts were to be presented." }, "file_name": "0113-01", "first_page_order": 133, "last_page_order": 137 }