The Montgomery advertiser., 1906-12-18

fees enormously paid into the treasury, so that the amounts they are herein charged with are the net amounts they are due the county.
 "As to the legality of judges of coun- ty courts collecting fees from the coun- ty for preliminary trials of felonies, submitted the following question to the Attorney General and received the fol- Towing opinion:
 |" Hon. Massey Wilson, Attorney Gem
 eral:
 "Under Sections 457s and 457s of the Code. are judges of probate entitled to fees named in those secuons in prelim- mary trials for felonies?
 "J. T. German.
 Examiner "J. T. German, Examiner:
 '''The judges of probate as a mag istrate, under Section 5161 of the Code, and upon complaint being made under Section 52O5 of the Code that a felony has been committed, such magistrate is required to examine witnesses and take the dispositions down in writing, etc. The judge of probate Is not act ing as judge of the county court when he examines the defendant, but as 8 magistrate. The fees under Sections 4578 and 457s of the Code are given to the judge of the county court and not for services by the judge of probate las a committing magistrate l> Massey Wilson, Attorney General" Judge Robinson owes the county $41S, for fees collected from the coun- ty for preliminary trials in felony cases and interest thereon.
 This makes a totaI of $2,15S.5o, which he owes the county as per 'Ex- hibit A following:
 Exhibit A: .:....-
 W. e. Robinson to Lee county,
 debtor, to amount collected
 in building court house and
 selling bonds.. .. ... .. ..$ S50.00 To fees collected in felony cases. 41S,OO Interest on above items from
 dates of payment to Decem- Der l, 19O5.. S9O.5O Total due the county ..$2,15S.50 Hon. F. M. RenfrO. "I examined the books, accounts and vouchers of Hon. F. M. Renfro, ex- probate judge. from November B. 1898, l to November 30, 1904, the date of his were correctly kept He paid into the county treasury all moneys collected for the county, except two removal fees, | $10.1O, which with interest thereon he owes the county. All the fees and all lowanees he collected from the county ] were correct ana leBdl except as ,LOl- lows He collected $794. from the coun- ty for the preliminary trials of felony case to which he was not legally en- | titled. The law relative to these pay ments is explained hereinbefore in the report on Judge Robinson, to which reference is hereby made. Judge Renfro owes the county this | $794 and interest thereon. In addition, | thereto. he owes the county $11S.1O for stamped envelopes; and $94.14 for ice, box rent at postofice and stamps, with l interest thereon. The county Is not | liable for the payment of such claims and the collection of the same was H. legal and unauthorized See the opin- | ion of the attorney general and the law cited hereinafter under the head of re- port on ex-Treasurer J. W. Mullin. As to the liability of the county for postage, the Supreme Court in the case of Crook, Probate Judge, vs. Commis- l sioners Court of Calhoun County, IA Ala, uses the following language: The word stationery in Code, 1896, Section 33S4, providing that the judge of pro- bate, must be allowed reasonable ex- penses for suitable books and station cry to be paid for by the county does not include postage in his official ca pacity.' This makes a total of $1,3775s which Judge Renfro owes the county as per Exhibit B following:
 Exhibit B.
 F. M Renfro to Lee county, debtor To fees collected in felony
 cases as above explained. ..s 794.oC To stamped envelopes. 11S.1C To ice box rent and stamps,
 as above explained. q. Q. 94.14 To removal bills not paid. .. 10.1( Interest on foregoing from
 dates of payment to Decem- Der 1. 1sO6.. .. .. ..-.. .. sel.2i } Total amount due the osuns