The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-25
ATTORNEY GENERALS OPINION
REGARDING sHERlFF's FEES.
ALLOWED ONLY ten CENTS
Decision That Interests Litiaants as
Well as Officers Of the
Courts.

y NOALo a. 11llV Is LuC legal lille
age sheriffs of the state may collec
for serving papers in civil cases, an,
a fee of 81 is all they may collec
in attachment cases, where levies ar,
made on a third party owing the de
fendant. This is the opinion of tn,
attorney general, who expressed him
self on both subjects in answer tt
a query by E. NJ. Hall, county attor
ney of Sweet Grass county. The mat
ter is one of interest and for the sake
OF the information it conveys the opin
ion is given herewith:
The Opinion.
"Your letter of Aug. ~ duly receiv
ed, in which you ask for the opinion
OF this Office Cd as to what fee the
sheriff should charge in attachment
cases where he levies upon the debts
OF a third party owing to the defend.
ant. and CD what mileage should be
charged by sherifs in civil cases.
AS to the first question, by section
1854. political code, the sheriff is al
lowed for levying and serving each
writ of attachment or execution on
real or personal property, besides
mileage, one dollar
BY section 895, code of civil pro.
Scedure, the manner of executing a
writ OF attachment is defined, and by
subdivision five of that section it is
provided that in the case of debts
'and credits and other personal pro.
perry incapable of manual delivery.
the service of the writ shall be made
by leaving with the person owing the
debt a copy of the writ and a notice
that the debts owing by him to the
defendant, or the credits and other
personal property in his possession
or under his control belonging to the
defendant, are attached in pursuance
OF such writ claws 1899, page 14O.)
When Service Is Complete.
1T will be seen, therefore, that the
service OF the writ, so far as such
debts and credits are concerned. is
not complete until the notice of gar
nishment is served, as well as the
copy. of the writ. 1t follows that the
sheriff is only entitled to charge a
fee OF n dollar for making a com.
plete service OF the writ; that is, for
serving both such copy of the writ
and the notice of punishment. OF
course, for each service of any writ
of attachment the sheriff would he
entitled to the fee of one dollar, but
in each case the writ must be served
In accordance with section 895. C. c..
p.
AS to h second question, in the
case of Proctor VS.. Cascade county.
~ Montana, 315, referred to by YOU
in your letter, it was held that section
1904. political code, was intended to
De a substitute for = + all other stat
utes upon the same subject. On prin-
ciple it therefore operated as a repeal
OF Such previous statutes
Codes Provisions.
Section 4,604, political code. pro-
V1des that while in the discharge OF
his duties the sheriff shall receive
ten cents per mile for each and every
mile actually and necessarily travelled.
The travel of the sheriff in civil cases
is performed while in the discharge
OF his duties just as much as his travel
in criminal cases, and under that Sec
ton he would be entitled to only ten
cent per mile.
1T is true that by section 4.634. no.
iitical code, it is provided that the
Sheriff shall be allowed for each mile
actually travelled in serving every writ.
process, order, notice, or other paper
going and coming, Is cents Rut
under the decision above cited there
can be no question but that that por-
tion of section 4,634 allowing fifteen
cents mileage in civil cases is re-.
pealed and superseded by section
1904, b latter section being the
latest enactment of Inc legislature
upon that subject.
cur conclusion. therefore, is that
the sheriff is entitled to CHARGE but
ten cents per mile mileage in civil
cases. instead of fifteen cents"
Bucklen's Arnica saIve