The Judge of a Superior Court has no power to order the Commissioners of one of the counties in his district, to pay the Sheriff any sum for Kjs services in attending upon the Court.
(cBrandon v. Gomm'rs. of Caswell, ante 62, cited and approved.)
This was an order on the defendants, made absolute by bis Honor, Judge Tomgee, at the Pali Term, 1873, of Caswell of Superior Court.
The plaintiff presented the following order to- the defendants, who refused to pay it, to-wit:
“It is ordered by the Court that the Commissioners of Cas-well county allow and pay to J. C. Griffith, sheriff of Caswell county, fifty dollars for his services in attending upon this Court, at Fall Term, 1873."
In their answer to a rule, obtained by plaintiff, to. show cause why they should not be attached, in consequence of their refusal to obey the foregoing order, the Commissioners, disavow any intentional disrespect to the Court, stating that they had been advised, that the Court had no legal power to make such order. Upon the hearing, his Honor made the rule absolute,. f?om which order, the defendant appealed.
*341No counsel for defendants in this Court.
Battle <& Bon, for plaintiff.
Reads, J.
The questions in this case are tbe same as those in the case of Brandon v. Commissioners of Caswell, ante, 62, at this Term, and the decision is the same, and for the same reasons.
'There is no error.
This will be certified to the end that the order may be vacated and the defendants discharged.
Pee Cubiam. Judgment accordingly.