Chambers v. Walker, 120 N.C. 401 (1897)

Feb. 1897 · Supreme Court of North Carolina

120 N.C. 401

CHAMBERS & CO. v. E. H. WALKER, Treasurer of Mecklenburg County.

County Convicts — 'Support of.

The Code, Section 753, and Chapters 19 (Yol. 1) and 44 (Yol. 2), places the support of county convicts upon the Board of County Commissioners ; Ch. 316, Acts of 1897, entitled an act to create a Board of Commissioners to manage and control the convict and road system of Mecklenburg County, provides that “warrants for expenses on account of said system shall be paid by the County Treasurer out of the ‘ special ’ funds in his hands for that purpose; ” Held, that the support of the convicts of that county must be paid out of the general county fund on orders of the County Commissioners, and that the other “ expenses and disbursements ” of the system must be paid out of the “special fund ” for the purpose on orders of the chairman of said system on the County Treasurer.

Civil actioN, pending in Mecklenburg Superior Court, heard on case agreed before Norwood, J., at Chambers, on 12th of April, 1897. His Honor rendered judgment for the defendant and plaintiff appealed.

Messrs. Jones c& Till'ett, for plaintiffs (appellants).

Messrs. Clarhson & Duls, for defendant.

Faieoloth, C. J.-:

This agreed case is before us for construction of “An Act to create a Board of Commissioners to Manage and Control the Convict and Road System of Mecklenburg County,” ratified on the 8th day pf March, 1897. The question is whether the County Commissioners are now liable for the support of the convicts to be paid out of the “general county fund,” or is the Convict Commission liable for the support of the convicts to be paid out of the “special fund” raised by taxation for road purposes.

We were furnished with no authorities on the question and we suppose there are none. The only words in the Act for us to look to are these: “The warrants for expenses and disbursements on account of said system shall be signed by the chairman and paid by the County Treasurer out of the special funds he has on hand for this purpose.” The duty of supporting and caring for the county convicts is placed by the general law on the board of County Commissioners. The Code, Ch. 19, Yol. 1; The Oode, Sec. 753; The Code, Ch. 44, Yol. 2.

Our conclusion is:

1. That the support of the convicts must be paid out of the general county fund, upon an order of the County Commissioners on the Treasurer.

2. That the other “expenses and disbursements” of the system must be paid out of the “special fund” for the purpose, upon an order of the chairman of said system draw'll on the County Treasurer.

Affirmed.