The Monmouth inquirer., 1888-11-01
Continued From First Page.

the clerk has the right to excuse his
payment of tue license fees within the
time required by law by making coun-
ter claim of personal fees alleged to be
due him from the county? A I do. and
I am SO advised by good lawyers.
@ Then if the clerks counter claim is
large enough to cover all the license
fees 10 his hands, you claim that he Is
not obliged to pay any license fees to
the county whatever? A / look upon il
as perfectly proper subject OF Offset.
O. Had Won this 80, O54 bill made out
against the county as an Offset against
this S5.417.75 at the time paper was
published October 25th? A had moi
the bill made out, but it was due all the
same. -,
o Had you ever presented it to the
county in any shape9 A No. Tor the rea
SON We had other moneys on hand due
the county.
O How much other money had you
on hand? A These license moneys.
Q Have you that bill yet made out'
@ Is not that bill in practice made
ont in the name of the sheriff against
the county, including the clerks fees in
Il and does not the sheriff collect OF the
county the whole amount? A That has
been the practice.
@ And the clerk gets the money from
the sheriff? A Amounts due She clerk
from the county. also due Judges, cry.
ers. prosecutor, sheriff and state. are all
m ,de up In one bill. Sheriff draws the
money and pays each one the smount
due them. -.
@ Then you look to the sheriff. do
vou not, to pay over the moneys
when he collects them? A We look to
the county. the sheriff is merely the
medinm from which it passes to the
county to us. It's done in that way to
prevent making out so many bills.
ODo you not look for this amount
which you claim to the same channel oil
collection? A We do and propose to pass
il right back TO the county.
@. And yet you claim to hold this
LARGE balance from the county's use as O
lien upon it until the sheriff collects
these costs from the county and pays
Won the amount you claim to be dueF
Al see no reason why we should not re.
tain moneys that are due ms.
OYou had no doubt of the county
being able to pay the amount due You?
A None whatever.
OAre you not putting them In the
position by this claim OF lien on its
funds as il it was unable TO pay? (object-
ed to) a Not at ell. I look upon it as
a purely business transaction. County
owing us and we owing them, one hand
washes the other.
O Have YOU ever done this before to
retain money from license fees against
claims of the clerk against the county !?
We have often had license fees in
our hands in times OF settlement Win
these bills.
o This bill against county, has it
ever been approved by the court? A No,
it does not have to be, under the law.
O Has the bills of costs been all taxed
that constitute this? A No sir.
Q During what period OF time does 1t
extend2 A From the close of the May
criminal term, don't know the date, but
think about the middle or carly part OF
June 1858. oo.,
O You extended to October 29th.
yesterday? A No, to 25th, if said 18th
miss spoke.
O Granting then for the sake OF the
argument. that the clerk has q rlghs 70
ali offsets which you have claimed up TO
that time, there was due under the law
from him to the county Oct. 25th, 1858,
by your own figures for the May ana D.
October terms 1888, the sum OF $o. 36o 10
was there not? A That is right.
O The dates of the payments 70 Ine
county collector making up that $l3, 5oo
is as follows: