Ex parte Farrington — 2 Cow. 407

Majority

p. 407

Ex parte Farrington.

Headnote

Amount of the allowance to constable or other person, for serving subpoenas, in criminal cases, is a matter of discretion, in. the board of supervisors, with which this court will not interfere.

They may be served by any person as in civil causes.

It seems that 19 cents for service, besides mileage, would be toe high.

The facts of this case appear, sufficiently in the opinion of the Court which was delivered by,

This is an application for a rule, that the supervisors of Delaware county, show cause, why a mandamus should not issue, commanding them to audit and allow an account, presented by Farrington, for services as a constable. The presiding supervisor, states, that the board were willing to allow it, reducing the charge for serving subpoenas. This charge was 19 cents for serving each subpoena, in behalf of the people, besides mileage. The board thought the charge too high ; and they were correct. The statute, (2 R. L. 27.) gives 19 cents for serving a warrant, and 12\ cents for serving a summons; but a subpoena is not mentioned. By the 25 dollar act, (1 R. L. 399, s. 26,) 12-1 cents are allowed to the constable, or other person, making the service. In criminal cases, also, a subpoena may

p. 408

be served by any person, but no specific compensation is fix e¿ py ¡aw-, it }Sj therefore a mattter resting in the discretion of the supervisors. It does not appear what they were willing to give, but they would have audited the whole account at $4 69. They have- not refused to act; and the amount being a matter of discretion, it is a subject over which the Court has no control.

Motion denied.