The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-09
ECOUNTS OF SHERlFFS.
. Attorney General Answers a
Question Relating Theretl.
|OIION FOR A WRIT OF MANDAMUS
n.,ern,ine What Constitutes Full
Section OF Land Under
the Law.


i ,stlu. Texas, January S-Thc attorney
4 oral has rendered the following nplaion
tbe request of the comptroller, which Is
i importance to sherns. rhe opinion
ads that accounts Of shcrlffs must he
eeompanied by certified copies Of every
rpcess served:
H.. r. NJ. Love. Comptroller, Austin,
.fear Sir: This department is In receipt
Il yours Of the 6th Instant, which is as
Evil you please advise me- first, whnt
Mounts OF shcriffs must be accompanied
II certified copies OF his return on pro-
- for comparison by this department,
ID auditing said accounts, as provided for
4 subdivision :, section |, chapter II. Gen
IN Laws, first called session of the rwen.
rsevcnth legislature?
~ VIII the certificate of the district
jerk that the account Is made out in ac-
ofdance with the shcriffs returns be sufii
Itnt uuder said actT'
Reply TO this question Involves the con
auction Of certain provisions OF chapter
Ii nets Of the first special session OF tao
'Fenty- seventh Legislature, approved Sep
rblbpr I, 1901 In connection with The
rrna net Of which it is an amendment.
3he act under consideration is entitled
in act to amend section of chaplrr :
III the acts Of the special session of tn
Henty-tfth legislature OF the state Of
1eSas. approved June 1G, 1897 relating to
he fees of shcrinS and constahleS: pro
Bling the amount of such fees ana the
M ment Of sheriff's aud constnhle's costs. :"
There are l9l subdivisions of the original
iii the amended section 4.
'1he eighth subdivision of the amended
eftlou 4. after providing specifically the
mount Of fees allowed sherlffs and con.
IN bes for conveying attached witnesses
u any court or In habeas corpus pro
~ dlngs out Of his county. etc proceed, {:
And all accounts for fees in criminal
Mes by sherihs shall be sworn to by tn"
Beer before any officer authorized to ad-
Minister oaths. and shall state that said
|cf ount Is true, just and correct in every
ana be presented to the Judge,
xho shall during such term Of court care
uly examine such account and II found
o he correct in whole or in part shall so
,crtiiy and allow the same for such
mount as he may md to he correct And
faowed by him In whole or In part he
~ Il so certify, and such account, with
Id affidavit of the sheriff and certificate
III the Judge shall he recorded by the clerk
III the district court in o book kent by
iIpl for that purpose which shall ronsti-
NO a part of the proceedings or minutes
III the court And the clerk shah certify
p the original account, and shall show
tst the same has been recorded. and said
mount shall then become due, and the
.ane shall constitute voucher on which
~ comptroller Is authorized 10 issue II
Warrant, II such account when presente
~ the comptroller shall be accompanied by
lfertIh"d copy under the hand and seal Of
lid district clerk. of the returns made on
hf process for which such officer is claim
Hf fees. corresponding TO the amount so
'hiDed In his account"
There arc, rs viii he seen, two Signih-
'6rt changes in that PARTON Of the amend
ment Quot ed Of the language Of the original
kff.
IA the original act the language Is and
ND account shall be sworn To by the Of.
lcfr."
in the amendment the language is land
Al accounts for fees In criminal cases hv
<#rlfs shall he sworn to by the ON
W
3Ae first portion of subdivision S In
m ch the language occurs Is devoted to the
1xng of the amount of fees to be allowed
m particular service. VIZ: for conveying
aN attached witnesses, which would prob
~ authoriTc On. construction that the
fnvision H. the original act and said ac
c8nts shall be sworn to- referred to ac
copnts Tor fees and expenses Of this cla.s
ahne' or IN render II doubtful whether
<Wh was or was not the legislative intcn
imn, The change In the Language In thf
Hrendmont and all accounts for fees in
fnminal cases by shcrlffs shall he sworn
~ Is MOI susceptible Of such conStfuc
nen, nor can there be amy doubt as to INC
Ipent and meaning Of the legislature that
tMs provision refers, rs Is so clearly stat
~ 10 all accounts for fees In criminal
rMes, aud Is not to be limited to fees fol
tW particular service provided for in the
HFt part NJ subdivision g. viz: fees for con
Nihg attached witnesses.
There Is no warrant in any rule ~ con
sEuction Of legislative acts for z 'dlnl
nj this provision In the amended act
urfs not refer TO and include accounts To-
aA fees In criminal cases provided for in al
H he subdivisions OF section !.
III ais much being established It follow
QEnion from the amended act refers L
accounts for fees in criminal cases.
~ ne other significant change In the Inn
ZIG or the amendment from that OF TN