The People ex rel. Washington H. Ransom, Appellant, v. The Board of Supervisors of Niagara County, Respondent

The People ex rel. Washington H. Ransom, Appellant, v. The Board of Supervisors of Niagara County, Respondent. Where the court assigns counsel to defend a prisoner, the counsel’s claim, for his services, is not a legal charge against the county. (Submitted October 14, 1879; decided November 11, 1879.) This was an appeal from order of General Term affirming an order of Special Term, denying an application for a writ of mandamus herein directing defendant to reassemble, and to "audit and allow the relator’s claim for services and disbursements, in defending á prisoner on an indictment for murder. The relator was assigned to the defense by the court. The court ordered that his compensation be a charge against the county, the amount “to be fixed by certificate of the county judge of said county.” The county judge so certified relator’s claim, which was presented by him, duly verified, to defendant for audit, but it omitted so to do. Held, that the claim was not a legal charge against the county, and that the application was properly denied. The court say: “ The opinion of Judge Ingalls, in the people on the relation of People ex rel. Hadley v. The Supervisors of Albany (28 How. Pr., 22), contains a sound exposition of the law upon the subject.” Ransom & Joyce for appellant. Q. H. Piper for respondent. [MAJORITY — Per Quriam] Per Quriam mem. for affirmance of order. All concur. Order affirmed.