OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Ltr. R. lL Bemley 

County Auditor 

iloidnney, Texas 

Murr $irx 

*Please advise p8 88 to rlzethew t&b&e 

the proper procedure ioc h2m to foIlor ip 

tbis<rseeorwht~tNe&he shorildburebrongbt 

the prisoner dfsectly te UcginneJ and turned 

him over fa the 8hdPiftaadletthe she&?2 

then carry him t43 Xlmeadlle and la that case 

ftmt clal5 xxlleujp from Bkuamrwille to BcHinaey. Thl6 is a question that ha8 aM6en a 
Mr. 3. 12. Ueasley, tray I, 19.39, Page 2 

Sew times already and probably will arise 

more times before our jail Is oomplcted and 

we can move into it. n 

Article loa, Cede of Crininal Prcccdure, reads in 

part as follows: 

*In each county where there has been 

cast at the preCeding Fresidential election three thousand (3000) votes or more, 

the sheriff and constable shall receive 

the followiug fees3 

aSection 4. For rtrmovlng or oooveyingprlsoners, for eaohmile going and comda& lxmludlng guarde snd all other neaew 

wry expenses, rhea fravellng by railroaa, 

feut eenfm (lo 

than by roll x4! 

1. When traveling othemlse 

Sa, Marfsest teats (14 

x4 

); 

protiaed that Where pore than one p wner 

is 60 ooa~eyod or ramored at ~t.hft ease the, 

inadd%tAonto the fours 

allowed eight oonfe (a$' p" 

Snfi he &all&e 

per mile ior each 

addllAoaxil priaone%* 

We are lafotmed by fhe Comptreller~s OfYlae that 

coll.inCountp oastatthe pmoedlngPreeideatia3 eleotlon 

over thme thousaad (3000) mfea. Theretare, ArtAcUe x029, 

wpra, wuldbe applicable to Collln County. 

Article hO31, Code of 4Wimluel ProoMure, reads as. 

Solloret 

Wbem xaervleee hwe been rwUerfxd,by 

any peaoe offlaer other than the shetUT, 

ouch ae are e4nrmerated In the tw premedlag et-f&lee, aueh oifioer shall reaeire 

the t3Bme fees therefor ae are allowed the 

sheriff. The t3ame x&all be fared in the 

sherirt'e bill of co&s, and nofed therein 

PB woe+ due euah peace offloer; and lhen 

received by such sheriff, he shall pay 

the same to such pence oSSfoer.a 

Articles 217 and 233, Code of criminal Procedure 

read 8s follossr . . 

*Article 217. In each 0888 e3itmierated in this chapter, the person making 

t&e arrest shall inantxliately take the per- 
i&r. R. E.. Beaeley, Hay 1, lQZ39~ page 3 

son arrested before the magistrate who may 

have ordered the arrest, or bofOP2 the 

nearest nag%strate where the arrest was 

nadc without an order. 

*Article 23x The officer, or person 

csecutlng a warrant of arrest, shall take 

the person whom he is directed to arrest 

forthwith before the magistrate who issued 

the warrant, or before the ms@trnte nrrmsii 

in the warrant.* 

You are respectfully advised that it is the opinion 

of this department that when an arrest is made in the county 

uhere &he offense is wmifted the aoaused muef be taken beSore a maglsfratq an required by Artdales 217 or 230 of tibe. 

.Code OS cri~~inil Procedure, and t&of fhe OtYloer iu entitled 

to be’ aoqmm~&e@ for rmoring or amveqiag primnerr, fW 

ewh mile going aad umingb ludludiag guards aa ill other 

nweseary eupenee, when travelSag by railroad, fam oenta 

00~)~ Kben traveling Othe~~me fhan by~~rallroad, fourteen 

(x4$); and where more than one prtsoner ia mo eonreyed or re- 

~~oredrt the same flme, &I MdLtian to theto~goingho ehall 

be allowed eight oenfe (a#) per mile for each addSt%onal 

primmer. 

Trusting that the forerping aaeuere yOUP lnqulry, ua 

renala 

AK-MR 

APPRovEBt 

.gL+./& 7z.A 

ATTORIUEX ORIt- OF TEXAS'