Young v. . Commissioners of Buncombe

76 N.C. 316

• Court: Supreme Court of North Carolina
• Decided: January 5, 1877
• Status: Published

Opinion

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-