OFFICE OF THE ATTORNEY GENERAL OF i 

AUSTIN 

qtm8tlomh88 been reoe 

What ooarisa~on should be oollaetad 

by the &mnty attommy, dietriot attornsf, 

duetloe of the pews,, sheriff and aoturtp olark 

cm eaoh tine aolleetsd?" 

: I 

Artlale lCSi3, 0. C. P. raade arr.follms: 

Three Dollars shall be paid by the oOmty to 

the County Sudgo, or Judge of tha Court at tiw, 
Mr. Fred Norris, April 13, 1938, Page 2 

aad TWO Dollars and fifty oents shall be paid 

by the county to the Justioe of the Peaoe, 

for eaoh orinlnal action tried and finally 

dippossd of before him. Provided, however, 

that in all counties having e population of 

20,000 or lees, the Justloe of the Peaoe shall 

reoeive a trial fee of Three Dollars. Suoh 

Judge or Justioe shall preeant to the Conmissioners' Court of hie oounty at a m&ar 

term thereof, a written eooount spaoliyw 

eaoh oriainal aotion in uhloh he alalms 8-h 

See, oertlfled by 6uoh~~J~dge'or Justioe~to ti' 

oorreot, and filed wltAthe Ooun~y.Clsrlc. 

The Comml8alqlera* Oourt ahll approve ~moli 

eoootmt for suoh amount as.they find to.~bs 

oormot, and order a draft to be.$ismed upok' 

the County Tmarumr ln~fevor oP~~suo@,Judg~.,,~ 

or,Justloo for the amount 50 &pproved. ,zrovlded the Oomlsslonern~ Court .shall.aot py 

any aooount or trial fees ln any.,oa8r.trlad 

and In whlah an aoqulttal Is had~ualrer~.ths 

State oi Teres was reprorented in the frlal 

of sald.oause by the County Attotiey,~~Or.h.ls 

asalstant, XMmbal Distriot Attorney for-hia 

.aaaiatant, and the oertiiioate. oi'aeld At't.orney is ettaohed to.siid aooount $~rtlfylng 

to the faot that said aause wan tried, and 

the &ate of Texas wan represontad,.~uul. that 

in his ludglnenthem was 8utflolent evldenoe 

in said oauae to demand B t+l oi same.* 

Artloles 950 and 951 of the Code of Crlmlnel 

#irooadure read aa follows; 

"Art. 950. The dletrlot or oounty sttorney shall be entitled to ten par oent of all 

fines, rorreltures af moneys oolleoted for 

the State or oounty, upon judwnts reoovered 

by him; and the olerk of the oourt in whloh 

eald judgments are rendered shall be entitled 

to five per oent or the amount of said judemerits, to be paid out of the amount when oolleoted. 

*Art. 951. The sheriff or other orfioer, 
~2. Fred Norris, April 13, 1939, Page 3 

except a justice of the peaoe or his clerk, 

v'=.o collects money for the State or county, 

eroept jury fees, under any provision of 

this Code, shall be 'entitled to retain five 

per cent thereoi.when colleoted.W 

Article 1052, supra, 

that the county judge, 

specifically provides 

or judge or the court at law, 

shall be paid $3.03 by the oounty, for each orialnal 

aotion tried and'flnally dleposed Df before him, sash 

statute rurther provide8 that the )uetloe of ths,pwos 

shall moelre t2.30 in all oounties having a population 

'in exoess of 20,000 and $3.00 In all oountles having 

a population of 30,000 or less for eaoh orlmlnal l otlon 

tried and finally disposed of before him, suoh fms to 

be paid by the oounty when suoh olalms em fllad in 

o=plianoe rlth Artlole lOsZ, C. C. P. It is -to&a& 

whether.~the defendant who 1s oonvioted in auoh or-a& 

notion paya his fine s&d costs or work6 his fiw aid. 

costs out on-the oountyfarm, pub110 roads or other 

pub110 works of the oounty, or satlqflea auoh fine &d. 

In view of the fomgolng statutbs, you em mepeotfully advised that it is thti opinion of this DepartYou are rurther advised that the distrlot or 

oounty attorney shall be entitled to ten per oent of all 

fines, forfeitures or money oollected for the state or 

county upon judgments reoovered by him end the olerlc of 

the court in whkb suoh judgmehts are rendered ambe 

entitled to five per oent of the amount of such judgment 
?Jr. Fred Norris, April 13, 1939, Page 4 

and that the sheriff or other offioer axoept the justice 

of the peace or his olerk.ivho colleots money for the 

state or county, except. jury foes, under any provision 

of this code, shall be entitled to retain five per oent 

thereof, hll of these oonmlsslons are to be said out of 

the mount, when collected. 

Trusting that tbc foregoing answers your inquiry, 

we reaain 

Very truly yours 

ATTOW ~BXERAL OF TEXAS 

BJtiuA J 

Ardell Wllliu~ 

Arsistant 

AWtAW 

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