
    Richard Barron v. The County of Lackawanna, Appellant.
    
      Costs — Constable's fees — Mileage—Serving subpoenas — Statutes.
    Under the Act of May 23, 1893, P. L. 117, a constable is entitled to mileage at the rate of ten cents per mile one way in the execution of a warrant. For serving a subpoena he may legally charge fifty cents for each person named in the subpoena and actually served.
    Submitted Jan. 13, 1898.
    Appeal, No. 14, Jan. T. 1898, by defendant, from judgment of C. P. Lackawanna Co., in favor of plaintiff on case stated.
    Before Rice, P. J., Wickham, Beaveb, Oblady, Smith and Pobteb, JJ.
    Affirmed.
    Case stated. Before Gunsteb, P. J.
    It appears from the case stated that plaintiff, a constable, in addition to executing a warrant, served a subpoena on four persons to attend as witnesses at the hearing before the justice of the peace, and traveled a distance of seven miles each way. The question was submitted as follows: “ If the court be of opinion that the said constable is entitled to the sum of $2.00 for serving the subpoena on four witnesses, and the sum of $1.40 for traveling expenses, as also to $1.00 for executing the warrant, then judgment to be entered in favor of the plaintiff in the sum of $4.40 ; otherwise to be entered in his favor for such sum as in the opinion of the court he may be entitled to.”
    March 21, 1898:
    The court entered judgment,
    For executing warrant on behalf of- the commonwealth ........ $1.00
    For serving the subpoena on four persons in said case, at 50 cents each ..... 2.00
    For traveling expenses in serving said subpoena, 7 miles at 10 cents . . . . . . .70
    Footing up a total of.....$3.70
    Defendant appealed.
    
      Error assigned was entry of judgment in favor of plaintiff for $3.70.
    
      Henry A. Knapp, for appellant.
    
      Carpenter S? Eleitz, for appellee.
   Opinion by

Wickham, J.,

The questions presented by this case have been considered and decided in Price v. The County of Lancaster, ante, p. 119, the opinion in which was this day filed. For the reasons therein given, the judgment in the present case is hereby affirmed.  