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OFFICE OF THE ATTORNEY GENERAL OF TEXAS **AUSTIN** .!I> 02 i.7-y
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. Bonorabl8 Ikrks g. Xo?Zichael ‘.
I County Attorssy ,. Cass County Linden, Texas . .= 1 Dear Sir: 1 1. 1 - Your recent i. -. been reocived.

a CJUil’ ;y in Teros precedirqproddonSubsequently ficial capacity on with said Grand Jury on
estic,z officer files his **fees** in the s folliwst

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2;. _. . TT$L * ih * * * I; * * * * @&go %bat amount of fees mda tke constablebe , entitled-torooolve for aSow smviccs? “3y whom shalJ.

the abme fee be ps%d?I’. .

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.Bonorable Parks E, KutIiohael, Page 2

. AooordinS to the last Federal Census the population of Cam Count9 is 30,030 inhabitants. T&he aoun$jr officialsof ssi!l

county are oonperxatedon’s12 annual?. salarybasis, and the preolnct offioialsare compensated on a ?ee beds, ,, - ,.*

._ Artiole.1030,’

Code of CrimidalProcedure, ipeoifitally provides certain fees for the sheriff or oonstablefor d8fkitto servicesperformedby them in f,elony cases in counties hcivinS,a

populationof l.ess than 4?,000 irLabl.tants,, as shownby the preoedlng Federal Census,

Section 17 of Axtlcle 3912e~, Verno~~s’&unotatbd Givil Statutes,reads, in pad, as followsr ‘r.;: . uSao. 17. (a).

~Theterm ~PrecinotOffioera’as uf$eU in this Act Eeaus j~st10atI OP the pescc a& obnstables. .~, , WI countiesvihBroin the county officersnamed in this A& are coapensatsdon the basis of an annual s%tary, the State of Tax%& shall not be chargedwith and shall not pay any fee qr commisalonto any preoinot officer for any servicesby him performI, but 6oia officer ok&l. be paid by tke County out of the OfficorelSalary Eund suoh fees ana oozdssions as w0u1C othcrwise.be paid, him ,byThor

State for such 8ervioes.~ Article 1020, Code of Criidnal.‘~&ooe8ure,. providesj in part, that: ‘:>:

. NShoriffsand Constables servingprocess end attend- $ng any cxainin& court in the examinati.01~ of any felony on&e, shall be entitled to such .fees as are fixed by law for simllw servlcos In mioaonecnorcasea in County Oourt to be paid by the State, not to oxcoed Pour and X0/100 ($d.CO)Dollars in any one case, and mileage actually at:a

necessarilytraveled in 3oin.S to the plaoe

_ _ . of arrest, and for conveylnz **tlm** prlsonor or prxsonors to jad.1

as provided in Articlas 1029 and 1030, **Cod0** of Criminal Procedure, as the f&Esa may be, but no mileage whoteve nesses fn the county where qabe is pen ins.

shall be :.aid

for s~u+?ln~ OS attachlcgwit- provj.ac no

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HonorableParks IL &S.i~hael, Page 3
asheriff or constable shall receive from the State any additionalmileage fdr any subsequentarrest of's defendant in t&e sane case, or In any other case In&n erdnin& oourt or in any district court based upon the st~1;1% charge or upon the same uriminal'act;or growId&out L'~ of the same criminal transaction, whether the arrest Is made with or without a warrant, or before or after lndIctm%nt,and In nonevent shall he be allow&l to duplicatehis fees for mileage for making arrests,with or without narrantj or when two or more warrants of arrest or capiasesare served or could have been served on the-same defendanton any one day."

. Article 1065, Code of CrImInal Procedure, provides certain fees for definite servicesperformedwhich shall be all0,ved

the sheriff or other peace'offfoerperfcrmingthe same servioes in misdemeanor cases. A sheriff or &her peace officer Is allovced~ the sum of $2.00 for exeoutInS each warrant of arrest or oap$as, or naklng an arrest withouta yrarrant,

In a misdemeanor case In the counts court. Article -. 1020, supra, provides that sheriffs or constablesserving process and attendinsany exeminfng court In the examination of any felony case shall bo entitled to such fees as are fixed by la>sf

for similar services In misdemeanorcases In the county court. You do not state the number of miles neoessarily traveledby the constable In conveyingthe prisoner to jail. Thereforewe cannot state the definiteamount that . the constablewould be entitled to for such services. However, under Article 1020 and 1030, Code of Criminal ?roceclure, the constable

woula.be entitled to mileage for each mile necessarilytraveled In conveyIng;:the prisonor to jail, as provided In Section 4 of Article 1030, code of CriminalProoedure,ana for making the arrest. Article 1020, Code of CriminalProcedure,was passed In 1933, and Section 17 of.ArtIcl%39120 ~28 last amended in 1937. Therefore,Section 17 of Article 3912% Is controlling

as to who shall pay the abovo mentioned fees. In view of the foregoing statutes' you are respectfully advised that It Is the opinion of this Department that 'In countieswhere the county officials are compensatedon a salary and the precinot officers are compansatedon a fee basis, the constable is entitled to the statutory,fecs for.
HonorableParks Ii. EaUiohael,Page’

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all servloesactually_perfomecl by handled In the exx&dr,g court acd him In felony said fees are cases

to be pd.& the constable by the oounty out of~the officeqsalary fund when said fees would otherwIsebe paIa!~p by the State for such aervioeo.

Trusting that the foregoing fully answers your inquiry,’

we ar8 Yours very truly

snt