Bisbee daily review., 1906-05-15
HE BsBEE DAILY REVIEW BsBEE ARIZONA TUESDAY MORNING. 15
LEGAL OPINIONS BY
 ATTORNEY CLARK
PUBLIC EXAMINER FOSTER SENDS OUT INSTRUCTIONS TO COUNTY OFFICIALS. BASED ON INFORMATION GAINED FROM ATTORNEY GENERAL-ARE FOR
 GUIDANCE OF OFFICIALS OF ALL CLASSES.

titled to charge a fee for "empaneling | juries" The only fee that can be law | fully charged in such cases is 25 cents | for administering an oath to the jury. | Jurors serving in criminal cases in Justice of the Peace Courts are not entitled to charge the county for at- tendance and mileage.
 Clerks of the District Courts.
 Clerks of the District Courts of the fourth, fifth and sixth class counties in addition to all other fees allowed by law, are entitled to receive under Par. 2594, Sec. 3, R. s. 1901, such com pensation as the Board of Supervisors in it's discretion may allow, not ex- ceeding the sum of s250.00 per an mum. Par. 2595, See. l, R. s. 1901, fixes a further and additional sum to be paid to the Clerks of the District Courts of the said counties of $250.00 per annum.
 Clerks of the Districts Courts are entitled to charge fees for services in habeas corpus cases. See Cochise County ys. Johnston, Arizona, PAP. County Treasurers County Treasurers are not entitled to charge five per cent commission on school taxes collected through the me dium of their offices.
 See Par. 2253, 2254, 2255, R. s. 1901. County Treasurers are not author ized by law to deduct their salaries and the salaries of their deputies are allowed from the unapportioned terri torial and county taxes. Probate Judge and Ex-Officio Clerk of the Probate Court.
 The Probate Judge, acting as Clerk of the Probate Court, is entitled to charge for services rendered in cases of lunacy, in accordance with the pro- | visions of Par. 259S, R. s. 1901, in so | far as the provisions of the said par agraph may apply to the ocNedinC< had therein. This charge being in ad- dition to that provided for the Probate Judge in Par. 2597, R. s. 1901. 1 Miscellaneous | The Probate Judge, by virtue of his office, is made Trustee of all Town. sites" within his county. He is a county officials, and all bonds re- quired of him by statute for the faith. ful performance of his several duties, may be increased by the Board of Su- pervisors of his county as provided in Par. 1071, R. S. 1901.
 County Recorders are not entitled to retain any portion of any fee earned by them for the furnishing of ab- stracts, certified copies or certificates of the records of their respective of fees.
 See Par. 263S-2645, R. S. 1901. Also Par. 409, Penal Code, R. s. 1901.
 Election officers serving at school board elections, school bond elections or upon any election of a school ques- tion are not entitled to compensation for such service payable out of any school or other county fund.
 Paragraph 401S, R. S. 1901, relating to constables serving as sanitary in speStors, is repealed by Act No. 65 of the Session Laws of 1905 Act No. 65 invests the several county boards of health with full power to perform any duty or to exercise any power former ly given to constables as sanitary in. SpectCrs.
 Sheriffs are not authorized to sell property for back taxes for an amount less than the total of the taxes, inter- est, costs and penalties. The Board of Supervisors only may compromise the tax with the owner of the property. This provision excludes any other mode of settling the taxes for less than the whole amount
 See Sec. 92, of Session Laws of 1903
 When property will not sell for the whole of the taxes, interest, costs and penalties, the sheriff must return the execution to the District Court unsat- iSfied The Board of SuDeryiSorS may then compromise as above noted. After the commencement of suit for back taxes, interest, costs and pen alties, and before judgment is rem dered, the Board of Supervisors may compromise the same in all cases where the property involved is not worth the taxes, interest, costs and penalties. and will not sell for the to- tai of the said amounts, but not other wise.
 In all such cases of compromise the amount so received shall be correctly apportioned to the several funds for which the tax was originally levied costs.
 See Sec. 91, Act 92, of the Session Laws of 1908.
 When property has been sold by the sheriff for back taxes, interest, costs and penalties, the rules applicable to ordinary civil proceedings should be followed in the matter of the issuance of the sheriffs deed The tax payer is entitled to the same rights of re- demption as in ordinary civil proceed ings-