Opinion of the Court.

and assigns, on through "the corridors of time" to eternity, may be, as it seems to us, conclusively answered in the words of Beasley, C. J., in Kahl v. Love, 37 N. J. L., 5, 8, viz.: "There would be no bounds to actions and litigious intricacies if the ill-effects of the negligence of men may be followed down the chain of results to the final effect."

The argument founded upon certain classes of decisions, designated as sub-vendee cases, telegraph cases, time-table cases, professional cases, and director cases, does not impress us as possessing any relevance to the issue here. Those decisions are founded upon a public, or quasi public, nature inherent in the business or transactions involved. The transaction which is the basis of this action contained no element of deceit or fraud; it was a mere private contract of employment for services upon a subject-matter about which the public were not, and could not be, concerned. In the nature of the transaction it could not be fairly implied that the public, or any considerable part of the public, would be concerned with the subject-matter of the transaction; or that the manner in which it must be conducted would depend on a custom which is contrary to law, and which would relieve a purchaser from the obligation to investigate for himself the title to property which he purchases. The judgment of the circuit court is

Affirmed.

SUMMERS, C. J., CREW, SPEAR, SHAUCK and PRICE, JJ., concur.

Statement of the Case.

THURLOW v. BOARD OF COMMISSIONERS OF GUERNSEY COUNTY.

Sheriff's fees-Proceedings on change of venue-Section 7264, Revised Statutes-Fees paid by county procuring indictment.

The fees of the sheriff of a county to which, under favor of section 7264, Revised Statutes, a criminal prosecution has been removed for trial, for services rendered in and about the trial of such case, should be allowed and paid by the commissioners of the county in which the indictment was found.

(No. 11059-Decided February 23, 1910.)

ERROR to the Circuit Court of Guernsey county.

The action below originated in the presentation of a claim by the plaintiff in error, T. M. Thurlow, as sheriff of Noble county, to the defendants in error as County Commissioners of Guernsey county. The claim was rejected and an appeal taken by the sheriff to the common pleas, where, upon trial, a judgment was rendered in favor of the plaintiff. Upon error to the circuit court that judgment was reversed. The sheriff asks a reversal of this latter judgment and an affirmance of that of the common pleas.

By the agreed statement of facts it is shown that, at the May term, 1905, of the court of common pleas of Guernsey county, one Barber was indicted for a felony. Subsequently, on motion, a change of venue was ordered and the cause duly certified and removed for trial to the adjoining county of Noble. At the September term of the same year, trial was had which resulted in a verdict of not guilty, and the defendant was discharged. During

Opinion of the Court.

all the time the prosecution was pending in Noble county the plaintiff in error was sheriff of that county. His claim against the Board of Commissioners of Guernsey was for sheriff's fees for proper services rendered by him as sheriff in and about that prosecution, amounting, as found by the common pleas of Guernsey, to $238.58, which claim formed the basis of his demand of the Board of County Commissioners.

Messrs. Turnbaugh & Eagleson and Mr. A. M. Morris, for plaintiff in error.

Mr. Charles S. Sheppard, prosecuting attorney, for defendant in error.

SPEAR, J. The question at issue involves a consideration of statutory provisions relating to the fees of sheriffs, and especially a construction of section 7264 of the Revised Statutes. Prior to the act of February 7, 1898, that section was as follows: "When the venue is changed, the clerk of the county in which the indictment was found shall make a certified transcript of all the proceedings in the case, which, together with the original indictment, he shall transmit to the clerk of the court of the county to which the case is sent, and the trial shall be conducted in all respects as if the indictment had been found in that county; the prosecuting attorney of the county in which the indictment was found shall take charge of and try the case; and the court on application, may appoint one or more attorneys to assist him in the trial, and allow such compensation as it deems

Opinion of the Court.

reasonable; and the costs accruing from a change of venue, including the compensation of the attorneys appointed to assist the prosecuting attorney, and the reasonable expenses of the prosecuting attorney, incurred in consequence of such change of venue, shall be allowed and paid by the commissioners of the county in which such indictment was found."

A construction was given by this court to the above quoted section respecting the fees of a sheriff of a county to which the prosecution had been removed in the case of Commissioners v. The State, 49 Ohio St., 373, in which case it was held that the county in which the indictment is found is not liable for the fees of the sheriff of the county in which the trial is had in a criminal case where the state fails to convict, the only compensation of the sheriff in such case being the allowance not exceeding three hundred dollars provided by section 1231 of the Revised Statutes. The matter of jury fees was involved in State ex rel. v. Board of Commissioners, 14 O. C. C., 26, and it was held by the circuit court, opinion by Sibley, J., that the costs in such case which the county where the indictment was found has to pay do not include expenses incurred for securing a jury to try the

case.

It follows that, unless there has been a change in the phraseology of the statute which changes its meaning and effect, the question is already determined. It is, however, claimed by counsel for plaintiff in error that such a change has been made by the amendment of February 7, 1898, 93 O. L., 7. As amended by the above act that section was

Opinion of the Court.

made to read as follows: "When the venue is changed, the clerk of the county in which the indictment was found shall make a certified transcript of all the proceedings in the case, which, together with the original indictment, he shall transmit to the clerk of the court of the county to which the case is sent, and the trial shall be conducted in all respects as if the indictment had been found in that county; the prosecuting attorney of the county in which the indictment was found shall take charge of and try the case; and the court on application, may appoint one or more attorneys to assist him in the trial, and allow such compensation as it deems reasonable; and the cost accruing from a change of venue, including the compensation of the attorneys appointed to assist the prosecuting attorney, and the reasonable expense of the prosecuting attorney incurred in consequence of such change of venue, and also including the fees of the clerk of the court and the sheriff, and the jury fees of the jury sitting in the trial of the case in the court of the county to which the venue is changed, shall be allowed and paid by the commissioners of the county in which such indictment was found."

It would seem that, standing by itself, the language of this amendment to the effect that costs. for which the county in which the indictment was found is liable shall include the fees of the sheriff of the county where the trial is had is intended as a a provision awarding compensation to the sheriff for his services, and this was the construction given the section as so amended by the court of common pleas. But the contention of counsel