Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1871-10-05

The CHRONICLE man Is making a
hellabalo about Jury fees. Hard press
ed for something to say. Every law
yer and officer Of the Court knows very
well that il is q rare thing for htigants
to pay the Sheriff fees. They are taxed
in the cost bill by the Clerk and paid
by the defeated party as other costs.
AS a matter of course we do not charge
the Editor of the CHRONICLE with
knowing this, for he knows nothing.
The law provides that the successful
party in a law suit shall pay to the
Sheriff the Jury fee, but it is optional
with them whether they do it or not
there is no authority for the Sheriff to
coilectit. When a verdict is rendered
the Court enters judgment on his dock
ct, and from that entry the Clerk
enters it on the Journals. If the Jury
fee is paid to the Sheriff he receipts for
it. It is a humbug to charge the Sheriff
with all the Jury fees in Court as that
paper is attempting to do. We are
assured that Mr.. Umstead does not
owe cent of Jury fees to the County.
If these nice men will consult the
Clerks books they will find that when
the Jury fees are paid the Treasurer
receipts direct to the Clerk for them
There may be an occasional Jury fee
paid to the Sheriff, but only occasional
". The attempt to charge Mr.. Um-
stead with all the Jury fees during his
term of office is base and outrageous as
the Clerks books will show and those
engaged in it know they are falisfying
the record, with the hope Of defeating
his election, We are authorized to
stamp the whole charge as base false
hood.
The above is the answer of the st.
Clairsville Gazette to our article charg-
ing Mr.. Umstead with pocketing about
three hundred dollars of Jury fees
belonging to the County during his
administration of the SheriffHs Office,
Now we ask candid men of both parties
to look at the laws referred to in the
article published in the Belmont
CHRONICLE.
It will be remembered that the
County is at an expense of twenty-foul
dollars per day during each regular
term of the Common Pleas Court in
order that litigants may have Jury al
all times ready to try their cases, and
as small return for this expense, it j;
provided that party winning a case
shall pay Jury fee of six dollars be
fore the verdict is recorded, and every
practicing attorney knows, the Gozett
to the contrary Notwithstanding, tina
it is almost the invariable rule, for thu
Sheriff to at once call on the party win
ming for the Jury fee.
The Gazette says that it is left op
tional with the parties to pay the JURY
fee.
This is false in every word. Look q
the laws upon the subject. The Sherif
is compelled to collect the fee and th'
judgement is not to be entered unit
the fee is paid. If he does not collec
such fees the law requires he shall b
charged with them.
We say he is compelled to collec
them and the law requires the Audito
tocharge him with six dollars for ever,
Jury case tried in the Common Plea,
or District Court. To make the thinl
certain the Clerk is required 10 repcr
to the Auditor after each term Of Cour
the number of Jury cases tried, ant
the Auditor is required to keep bool
in which he is to charge the Sheriff 81,
dollars brewery such case. Thesereport
have been maderegularly by the Clerk
and are now in the Auditors Office
The Auditor has neglected his dut.
in not, keeping the books as requires
by law, but that does not relieve MI
Umstead of the responsibility of &C
counting for this money.
We charge, with full understandin,
oftbe responsibility of such a ,charg,
that Mr.. Umstead received these fees
and put them into his own poke
instead of paying them to the Count!
asthe laws requires. We hare examines
the Clerks books and find that these fee
soere collected. Bear in mind that w
again repeat the charge that Mr. Um
stead during his career as Sheriff Dock
eted about three hundred dollars Of i'm!
fees belonging to the County, and stil
retqi,ss the qohote Qfthis amount ercep
jJffTy dollars iollich he paid into tn
County 7redssuy ON the S1st day Q
August 1871 fve years and mos. attel
his term Of Office expired.