Evening journal., 1901-08-15

penses $50 Ball tramp; December 81,
1900. S84747, officers Of the court;
S327.65 court expenses. and $50 Ball
tramp. Compared with these allow
ances is that of Sheriff McDaniels, for
his first quarter, as follows: Sl,994S0
for officers Of the court; S323.S1, court
expenses, and $50 Bali tramp. In ex-
PLANTATION OF the seemingly large
amount Of money charged for officers
of the court. the sheriff says that the
February term of court being large,
necessitated the summOnsing of many
witnesses. which work entailed big
expenditure Of money. This, however
is not the largest amount paid by the
Levy Court to officers of the court as
examination of the foregoing figures
will show. That s323.S1 was allowed
for court expenses was not unusual,
the court having allowed Mr. Taylor
as much as s2.476.3O on April 4, 1900
the first quarter Of his term Of Office,
as expenses for the preceding Febru-
airy term of court Summary Of the
figures in the books in Mr.. Kellsy's Of
fee show that Mr.. Taylor received
SAT. .235. sc from all sources except sales
Of property. while he was in office. For
the first quarter of 1899 he received 81
S79.35. from the court, or s700.95 more
than was allowed Sheriff Mcdaniel
Law I'm the Case
Abstracts OF the Jaws which provide
for committing of hamps TO the
county Jail are: Chapter 1855, volume
Is. Laws Of Delaware: Section 2. 1T
shall be the duty Of the corporate Off
GERS OF every city and town in the
State to cause every tramp found with
in the limits of such town to be i'm
mediately arrested and put to work on
the streets or other public works
thereof" etc CThe latter clause of
this statute was never carried into ef
fect)
Section of the same act provides:
1T shall be the duty of ali sherifs,
coroners. constables, policemen, watch
men. to arrest and commit any tramp
and otherwise aid and assist any of
the officers hereinbefore mentioned in
the discharge of their duties
and iafls of the proper counties may be
temporarily used for the confinement
of tramps. when committed by any Of
ficer mentioned in the second, or fifth
section of this act"
Chapter 92, volume u, section 2:
1T shall be lawful for any justice of
the peace Of the county where such va
grants [beggars, vagabonds, gypsiesl
shall be found on complaint made, to
cause the arrest and commit
every person proved by his own confess
~f~ In h.. .F
more credible witnesses to be a va
grant to the wOrkhouse or
Jail Of said county"
In chapter 225, volume 49, passed on
March 20. 1879, justices of the peace
are allowed Is cents for issuing war
rants of arrest; 10 cents for taking and
filing affidavit or deposition; 10 cents
for entering judgment; cents for is
suing subpoena for first witness and 8
cents for each subsequent writ; 10 cents
to sheriff for serving a warrant; 10
cents for conveying prisoner to Jail:
10 cents for commitment to prison; 10
cents for each days attendance Of a
witness. and 8 cents per mile from the
witness house to the place of trial and
back.
The only conflicting law on the sub
iect is that found in chapter 649 vol
ume 10, passed at Dover May A, 1898,
section of which reads: THAT here
after no vagrant, tramp or other needy
person shall be committed to any Jail
in this State by any justice of the peace
or other officer having jurisdiction,
the object of which commitment is
board and lodging for the said va
grant, tramp or needy person.
This statute has never been inter
preted by the courts, but it is Gear that
the law was intended to protect the
county against charity arrests 1t is
contended. however, that its adoption
did not take away the power Of a mag
istrate. or other qualified officer to ar
rest for vagrancy, for had it done SO,
the arrest of any vagrant in any part
of the State at this time would be con-
trary to law. an effect of the act which
. surely was net intended by any mem
Der Of the Legislature that passed it..
: Hence. the arrest and the detention of
, vagrants in the county prison. and the
, amount to be allowed qualified officers
> for services performed in this particu-
| lar isaccording to Jaws of the State now
cording to laws of the State now
found on the statute books. To rem
edy these laws doubtless will be a
/, task which the next Legislature viii be
called upon to perform.