In re Kays

One Gallagher having, for an offense against the laws of the United States, been duly committed'to the custody and keeping of the sheriff of Los Angeles county,—the officer in charge of the jail of the county,'—that officer refused to receive-him into his custody unless the government of the United States would pay for the support of the prisoner at the rate of 75 cents per day. The rate fixed by the board of supervisors of the county to be allowed the sheriff for the keeping of prisoners charged with or convicted of offenses against .the laws of the state is 35 cents per day, and the agreed case shows that for the keeping of Gallagher the sheriff was, on behalf of the United States government, duly tendered a like sum. The real purpose of the present proceeding, as stated by counsel for the respective parties, is to obtain a judicial determination of the rights and obligations of the sheriff in the premises. The question is, I think, of easy solution. By sections 1601 and 1602 of the Penal Code of California, it is declared:

It is thus made, the duty of the sheriff to receive, and keep in the county jail, until legally discharged, any prisoner committed thereto by process or…