Young v. Commissioners of Buncombe
J. M. Young v. the Commissioners of Buncombe.
Headnotes
Summary
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Opinion of the Court
Read®, J.
1. The pay of jurors is whatever the County Commissioners shall allow not exceeding one dollar and fifty cents per day. Rat. Rev. ch. 105 § 23.
The presiding Judge has no power to increase that allowance in any given case. And we suppose that when -IJis Honor directed the Sheriff to furnish the jury with “board and lodging” during the trial he only meant -what is usual*» to allow the jury to have refreshments during the trial to'be procured of course at their own expense. And as the jurors could not separate to procure refreshments the offieer-was directed to wait upon them.
Brandon v. Com’rs of Caswell, 71 N. C. 62 .
2.\ The witness ticket which the plaintiff obtained from the Clerk for his attendance as a witness was merely evidence that he had attended as a witness, but it furnished no' evidence as to how he was to be paid. That was to be pass- • ed upon and had not been passed upon by the Judge. Until that is done the Commissioners of Runcombe are not-liable.
No error.
Per Curiam. Judgment affirmed-
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