Commissioners of Washington County v. Nesbitt

Le Grand, C. J., delivered the opinion of this court. This is an appeal from the refusal of the circuit court for Washington county, to grant a writ of mandamus, commanding the appellee to surrender to one John Cramer the keys of the court house. The petition of the appellants sets out, that the said Cramer had been appointed by them keeper of the court house. The appellee claims the right to have in charge the building, under the provisions of the act of 1847, ch. 327.

The first section of this act provides, “That from and after the passage of this act, the court house of Washington county and the grounds attached thereto, shall be under the charge and keeping of the clerk of Washington county court, who shall and is hereby invested with full powers to keep the same ⁴⁷¹ in repair, to obtain such furniture as may be necessary for the convenience of the court, jurors and bar of said court.” The appellee is now clerk to the circuit court for Washington county, and was, when he assumed the duties under the act of 1847, ch. 327, the clerk of Washington county court. By the first section of the act of 1853, ch. 239, the commissioners of the several counties are declared to “have charge of and control over the property owned by the county, and over county roads and bridges.” It is contended, that this section is a repeal of the act of 1847, in so far as the question now before us is involved, and in this opinion we concur. By the 8th section of the 7th article of the constitution it is provided, that the powers and duties of the commissioners of the counties, shall be uniform throughout the State.” The act of 1847, only applied to Washington county, and did not assume to prescribe an uniform rule for the vahóle State, and the question is, whether or not the act of 1847, is not repealed by the constitution and the act of 1853, ch. 239? The constitution, by