# .. . . . . . .:i*,” :@ i

.z . . j

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Honorable H. A. Hodges 

### CoULlt~AUditOT, ifilliI3iUBOll COUllty Oeorgetown, 

### Tera8

3ear Sir: '.

oourt in ths exai@nat.Lon

Your letter cr this department on 

### 48r0ii0w8:

the Justice

ir under the Oiiloerr Salary Law pid a salary and the Preolnot Orribers~~are p&d by fees, andmore than 3000votes are caqt, in:,,the general elections. *Age 1029 CCP, Felony tees, doee not give au amountto be paid either the Sheriff or Constable for taking bonds but Artiole 1005 CCPallows $1.50 to Sherirt or Constable ror taking bond in aMISDEXE~NOR case. *In myopinion the Constable Is not entitled to a ree for taking bond in a Felony Exemining Trial 2ndI h&e deducted suoh charges from the acoounts, however I shall be pleased to have your opinion in tne rtitter. *ix. a. 

### A. Hougee, p4ge 2 9

-ticlo 1020, Vernon’s Annotated Codeof Criminal T’rocedure, 

### provider, In Part:

I* l * Sherlrrr and oonstables senlng prooess kndattending any examining court in the examlnation 

### 0r any relony case, shall be entitled to suoh roes ar are..tlxed by law for 8imllar servloer in mirdemeanor case8 In oounty court to be paid by the State, not to eroeed four andno/100 ($4.00) dollar8 In any one case, andmileage aotually and necessarily traveled in going to the place of arrest, and ror oonveylng the prisoner or 

### prlsonere to jail ar provided in Articles 1029 and 1030, Codeof Criminal Prooedure, as the iaots maybe, but nomileage whatever shall be paid ror summoningor attaohing witnesses In the oounty where the ease Is pending. Provided no Sheriff or Constable shall reoeive~‘trom the State any additional mileage for any subsequent arrest of ,the defendant in the same0380, or in any other oase in an examining court or in any district oouti based upon the same charge or upon the samee&id- aot, or grAng

### out of the sameorlmlnal transaotlon, whether the arrest is madewith or without awarrant, or 

### berore or after .indiotment, and in no event shall he be allowed to duplicate his roes for miie%e for making arresta with or without warrant, or whentwo or more warrants of arrest ar oaplases are served or oould havz p;t served on the samedefendant on any one day.
Artiole 1005, Vernon98 Annotated 

### Code of Criminal Prooedure, allows oertaln reea for derinite servloea performed whioh shall be paid the Sherirr or other peaoe oftioer performing the same services 

### In misdemeanor oases. It will be noted that Article 1020, supra, provides, In effeot, that the Sheriff or Constable serving process and attending anyexamining oourt in the examination ot anyfelony oaae shall be entitled to suoh fees as are rixed by law for almilar serrloes in miedemeanor oases ln oount y oourt 

### , provided, suoh ree shall not 

### exoeed four dollars in 

### any one 

### 0880, andmileage aotuallg andnecessarily traveled In going to the plaoe of arrest andior oonveying the prisoner or prisoners to jail aa provided in Artiole 1029 and article 1030, Code of Criminal Procedure, as the facts maybe. VJflliamson County has a population of 41,698 inhabitants acoordlng to the 1940 Federal Census. Therefore, Article 1029, Vernon’s Annotated Code of Crlmina:Honor.lble 

### H. is. Hodges, pige 3 

### 495

Procedure, is applicable to said oounty.

,irtlole 1055, Vernon’s aotated Code ot Criminal Procedure, provfdws, in part:

“The following fee8 shall be allowed the 

### s:lerfrr, or other peaoe oiiloer 

### performing the snme

### servioerr

in 

### ml6demeanorcases, to be taxed agaInat the defendant on oonviotlon:

“1. For exeoutlng eaoh warrant or arretrt 

### or copias, or 

### making arrest without warrant, two dolLZS.

“2. For summoningeaoh witness, seventy-rive uents.

“3. For serving any writ not otherwise provided 

### ror, one dollar.

“4. For faking and approving each bond, andreturning the sameto the oourt h&se, whenneoessary, one dollar andfifty cents.~

“5. For each oommltment or release, one dollar.î * * lrc

Seotion 17of Article 39120, 

### Vernon’s Annotated Civil Statutes, reads, in part:

“The term ‘preoinct of ’floers* as used in this Act means justioes of the paace and oonstables. * * * In counties wherein the county officers namedin this Act are compensated on the basis of an annual salary, the state of Texas shall not be oharged with and shall not pay anyfee or oominisslon to any precinct 

### orrioer ror ,vly services by him performed, but said officer shall be -aid bythe oountg out or the Officers’ Salary Fundsuch fees and commission as would otherwise be paid himbythe State for such services.”_

### 496

Artiole 102O. Vernon'e Annotated Code of Criminal lrooedure, 

### wa8 asended in 1933, and Sootion 17 of r\rticle 

### JQl2e raa amendedin 1927. Therefore, deotion 17of Article 39120 

### iscontrolling a8 towhomshall pay the above mentioned fee8.

In view of 

### the roregolng Statute8, you are respectfully advised that It IS the 

### opinion oi thlr department that the Constable 18entitled to afee for taking a bond in arelony examining trial andthe amountof such fee IS )1.5O a8 allowed by.rrtiole 1065, rupra; the 

### oonstable 18entitled to 8uohfeea as are fixed by law

### for rlmllar servicer in mirdemsanor oase8 in oountj Court for rerving prooess and attending any 

### sxamlnlng oourt in thS examfnatlon oi any relony oaee, provldod ruoh tee shall not exoeed 44.00 In any one ease, andmlleags aotually aadneceaaarlly traveled in going to the plaoe of arrest, and for conveying the prisoner or prisoner8 to jail ae provided in .stiole 1029, Vernon'8 Annotated Codeof Criminal Procedure. Stated dlrrerently, it is the opinion of thls department that in oountler where the oountp orrlciala axe compensated on a salary baa18 and the preolnot orricer are oompeneated on a ree basis, the constable 

### is entitled to the statutory reda for all services aotually performed by hlmin feloay oaaea handled In tke examining court, subjeot to the above mentioned llmltationr, andsaid reea are to be paid the.oonstable by the oounty out of 

### the Oifloer8' Salary Fundwhenfee8 would 

### otherwise be paid him bythe State ror suoh senloer. However, berore the oonetable la entitled to receive the above mentioned ieeo the defendant mat be tidloted by the grand jury. Under the **provi8lo~8 0r**  oticle 1019, 

### Vernon'8 Annotated Codeof Criminal Prooedure, and Seotion 17, AFtlo 39120, 

### Vernon*8 Annotated Civil Statutes the derfendant 

### 18 indioted foratelony and upon oonvlotlon hf8if punishment i's by rine or oontlnement in the oounty Jail., or 

### by both 8uohrlne and oonflnement In the oounty all, or oonvloted oi 

### amisdemeanor, no oo8t8 rhall be paid 

### b{ de oounty to the constable. -ill ooet8 in 8uoh easer rhall e taxed, assessed andoolleoted ar In mlrdeneanor oaaea~ Under the provision8 of irtlole 1027, Vernon'8 Annotated Codeof Criminal Procedure and Seotion 17of Article 39120, 

### Verponf8Annotated Clvll 5tatute8, in aU oase8 where 

### a defendant is indioted 

### rora relony but under the indictment he maybe oonvloted Ofamisdemeanor 

### or a relonY, andthe pUniShIW3Bt which maybe assessed 

### Is a rine, Jail sentence or both, such 

### rlne and lmprlronment In Jail, the 

### ooU%Y shall PaY nofees to the constable except where the defendant Is indioted ror the orrense 0r murder, until the case has been finallY disposed or 

### in the trial oourt* Yours very truly

C-H' Xi:EP