Citation Numbers: 73 Fla. 87
Judges: Shackleford
Filed Date: 1/25/1917
Status: Precedential
Modified Date: 9/22/2021
(After stating the facts.)—The plaintiffs in error state in their brief their contention as follows: “Plaintiffs in error contend that the position of Court Stenographer is an office of fees, and payable only for services actually rendered; that no per diem is allowable, in the home county of the Reporter, for attendance upon the court -unless actually engaged in reporting a case. The appointment, duties and compensation of the Court Stenographer are covered'in Chapter VII, Section 1844 to 1851, inclusive, General Statutes 1906.” ^
The only sections with which we are concerned in this case are Sections 1844, 1845, 1846 and 1847, which read as follows:
“1844. Official reporter, qualifications and appointment. There shall be in each judicial circuit of this State a reporter of testimony and proceedings in trials at law in the circuit court. He shall be an expert stenographer and typewriter, and shall be appointed by the Governor, upon the recommendation of the circuit judge, and hold during the pleasure of the Governor.
“1845. His- duties.—He shall, upon the discretion of the said judge, report the testimony and proceedings in the trial of any criminal case in the circuit court, and shall report the testimony and proceedings in the trial of any civil case in said court upon the demand, in writing, filed in the cause, of the attorney for either party. He shall not, however, be required'to attend at any trial out of the county in which he may reside, upon the demand of any attorney, unless such attorney shall deposit or secure his mileage and at least one day’s per diem as hereinafter fixed.
“1846. Compensation.—He shall be entitled to receive for each day or fraction of a day in which he shall be engaged in the county in which he resides, in reporting such testimony and proceedings, a per diem of five dollars,
“1847. (1399-) How paid in criminal cases. His account for his -per diem and mileage for attendance in criminal cases shall be certified to by the judge, and paid as other criminal costs are paid in the county in which the trial is had; his account for attendance and mileage in civil cases shall be taxed as costs in the cause. Upon the demand of the State Attorney, or the defendant in* any criminal case, or upon demand of either party in any civil case, he shall, upon payment of his Jees therefor, as hereinbefore fixed, furnish with reasonable diligence a typewritten transcript of such testimony and proceedings, and his fees therefor shall be taxed as costs in the cause.”
We are of the opinion that this contention of the plaintiffs in error cannot be sustained. Under the quoted sections, we think that the Circuit Judge, within his discretion, is to determine when the official reporter shall attend the sessions of the court for the purpose of reporting the testimony in criminal cases, and, as the two respective Circuit Judges have certified that the two accounts of the relator are true and correct, that the Board of County Commissioners cannot be permitted to question the validity of such certificates. See the reasoning in Gill v. State, 72 Ind. 266, and Waushara County v. Port
The judgment will be affirmed.
Browne, C. J., and Taylor, Whitfield and Ellis, JJ., concur. '