Citation Numbers: 88 Ky. 633
Judges: Lewis
Filed Date: 5/25/1889
Status: Precedential
Modified Date: 7/24/2022
delivered the opinion of the court.
By a former statute it was provided that “justices of the peace of this Commonwealth shall hereafter receive for presiding at examining, court, per day, to be paid out of the treasury, two dollars;” and in Johnson v. The Auditor, 4 Bush, 322, it was so construed as to allow to a justice of the peace, or other officer so presiding, two dollars per day for each examining trial. But subsequently the statute, as contained in General Statutes, 467 (former edition), was enacted as follows: “ * * * for presiding at examining courts in felony cases, per day, to be paid out of the treasury, two dollars;” and it was in Auditor v. Kinkead, 80 Ky., 596, construed to allow to a justice of the peace, or recorder of the city of Lexington, two dollars p.er day, and no more, for presiding at examining trials, whether there was one or more than ■one such trial held by the officer the same day.
By an act approved April 19, 1886, found on page 277,
The judgment of the lower court, rendered in this . agreed case, will have therefore to be affirmed.