Colorado § 30-2-107 - Traveling expenses of sheriff.

§ 30-2-107. Traveling expenses of sheriff.

Sheriffs also shall be allowed actual traveling expenses payable out of the general county fund, upon certified itemized accounts being presented for the same, in the service of all warrants, capiases, mittimuses, commitments, body attachments, and court orders requiring the same and in the performance of the official duties in the investigation and pursuit of law violators throughout the state of Colorado in such amount as shall be determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t); but the actual expenses incurred in the service of executions, writs of attachment, replevins, restitutions, and other process shall be paid by the parties requiring such service. All such accounts shall be subject to the approval of the board of county commissioners.

Source: L. 1891: p. 311, § 11. L. 1899: p. 335, § 7. L. 07: p. 398, § 1. R.S. 08: § 2571. L. 15: p. 245, § 1. L. 17: p. 227, § 4. L. 19: p. 373, § 3. C.L. § 7928. CSA: C. 66, § 76. CRS 53: § 56-2-16. C.R.S. 1963: § 56-2-16. L. 72: p. 598, § 83. L. 78: Entire section amended, p. 444, § 6, effective March 3. L. 80: Entire section amended, p. 656, § 5, effective July 1.

ANNOTATION

Expenses and mileage fees differentiated. The actual traveling expenses of the sheriff provided for in this section are to be paid out of and not exceeding a mileage fee at the statutory rate per mile actually and necessarily traveled in the performance of his duty, which fee is separate and distinct from and in addition to that prescribed in the fee act. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The allowance for traveling expenses is not a payment for services, but it is a reimbursement of money expended, and is in addition to, and independent of, salary, and if the traveling expenses should exceed the amount of mileage, at the rate limited, against which they are chargeable, the full expenses could not be paid, and a proportionate loss would be suffered; but when mileage in either a civil or criminal case has been collected and deposited, it is the duty of the board of commissioners to allow the traveling expenses incurred in the case, payable out of the mileage, if it amounts to so much, or if not, to the extent of the mileage deposited. Bransom v. Bd. of Comm'rs, 5 Colo. App. 231, 37 P. 957 (1894).

Necessary traveling expenses paid by the sheriff in serving a venire for jurors in a court of record should be allowed by the county. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

If a sheriff travels upon a railroad on a free pass, he cannot be allowed the ordinary railroad fare as expenses necessarily incurred, but, notwithstanding he may have such a pass, he may pay the customary fare and include its amount in his expense account. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The use of a sleeping car by a sheriff upon his return journey from transporting a prisoner was not only customary, but was proper and convenient, and reasonable, within the meaning of this section, as a legitimate part of the necessary expenses incurred by the sheriff. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

But, the liability of the county in such cases depended in part upon the facts and circumstances of each case, and the decision of this particular question was limited to the facts of the case. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The mileage fees, if earned by the officer, had to be collected by him of litigants if in civil cases, and the various statutory conditions that made the county liable for costs in criminal cases had to have happened before the sheriff got credit from the county therefor; so that, in compensating the sheriff, he was not only limited to his salary and actual traveling expenses, but to get these he had to first have collected from the parties to suits the various items of fees which went to make up, and out of which only, his compensation was paid. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).