
    Ex parte J. W. Gore.
    Reward for Capture. Fugitive homicide. Official duty.
    
    A constable who apprehends a homicide within his county, fleeing before arrest, and delivers him up for trial, simply performs his duty (Code 1871, § 280), and is not entitled to the reward provided in Code 1871, § 2786, for persons not under official obligation to take prisoners.
    Appeal from the Circuit Court of Union County.
    Hon. J. W. C. Watsoe, Judge.
    A man who had killed another in Union County, and was fleeing from justice, was, on information derived through a telegraphic despatch and without a warrant, first arrested on the train when it stopped at West Point in Clay County by the appellant, who was marshal of the town, and ex officio constable for the county. After delivering his prisoner to the sheriff of Union County, the appellant petitioned the Circuit Court for the statutory reward, which was refused upon the ground that it was his official duty to apprehend the fugitive.
    
      Barry ¿- Beelcett, for the appellant.
    As the appellant did not act in his official capacity, but made the arrest without a warrant on the faith of a telegram, and left his bailiwick to deliver the prisoner for trial, all on his personal risk and at bis’ individual expense, be is entitled to tbe reward. Davis v. Munson, 43 Yt. 676; Russell v. Stewart, 44 Vt. 170; Hayden v. Souger, 56 Ind. 42. To defeat tbe recovery, it must be shown that tbe officer bad a warrant, under which it was bis duty to take the homicide into custody. G-illmore v. Lewis, 12 Ohio, 281; Browns. Godfrey, 33 Vt. 120.
    
      T. C. Catchings, Attorney General, contra.
    
    The ruling of the court is in accordance with public policy, and supported by reason and authority. Day v. Putnam Ins. Co., 16 Minn. 408; Mailing v. Needy, 8 Bush, 22.
   Campbell, J.,

delivered the opinion of the court.

The constable did only bis duty in making the arrest. It is the duty of a constable “ to keep and preserve the peace within his county,” and “ faithfully to aid and assist in executing the criminal laws of this State.” Code 1871, § 280. He assumes this obligation in entering the office, and is not entitled to any pay except that specifically provided. The reward offered by § 2786 of the Code was designed to induce the arrest of fleeing homicides by persons not under an official obligation to do it. Warner v. Grace, 14 Minn. 487. Judgment affirmed.  