Scovel v. Pennington County

that such a construction would not give rise to title in the county to such over-charg-es. Title to excess payments of that character would remain in the Government. Aside from the foregoing possible aspects of the situation, the only basis for a claim of title on the part of the county resides in the provisions of §§ 5960 and 5961, supra, but it is stipulated and agreed that the amount of such additional expense of the county was not fixed by thfe county commissioners, nor charged nor collected by the sheriff. Therefore, to assume that the excess payments were received by the sheriff as such…