
    THE STATE, ON THE RELATION OF SELLS, v. THE AUDITOR OF FRANKLIN COUNTY.
    Mandamus — costs of pursuing a criminal — claim for expense of pursuit on the county treasury.
    To charge the county with the expense of pursuing a criminal out of the county and bringing him back for trial, there must be a previous complaint made; a person charged with a crime, is one against whom a complaint is made.
    A complaint made after a thief is taken and brought back into the county, will not entitle the pursuer to pay, under the 5th sec. of the act defining the duties of sheriffs, &c.; 29 O. L. 113.
    Motion for a mandamus.
    
      O. Parish moved for a mandamus to compel the auditor to credit and pay a claim upon the county.
    The case made upon affidavit is this: Sells had a horse stolen in Franklin county, and without making a complaint, pursued the thief into Guernsey, took him, 177] *and returned to Franklin, where the thief was indicted and convicted. Sells applied to the county auditor for payment of the expenses incurred in the pursuit, but he refused to pay.
   BY THE COURT.

The third section of the act defining the duties of sheriffs and coroners, 29 O. L. 113, provides, that where a person who is charged with an offence shall abscond from the county, the sheriff, constable, or any other person, may pursue and apprehend the person so charged, remove him into the county where the offence is committed, and deliver him to a judge or justice, &e., and it further provides that in such cases the auditor shall allow him out of the county treasury, the necessary expenses, and a reasonable compensation for his trouble, &c. To entitle any person to this pay there must be a legal charge or complaint before pursuit, and not a mere intention to make a charge, in case the thief is apprehended. This is not such a case.

The writ is refused.  