Texas Attorney General Opinion: V-112 Page: 2 of 4
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Hon. Homer D. Eck, Page 2, V-112
"In each county where there have been cast
at the preceding presidential election less than
3,000 votes, the sheriff or constable shall re-
oeive the following fees when the charge is a
felony:
". . . provided, that in counties that
have a population of less than forty thousand
inhabitants, as shown by the preceding Federal
census, the following fees shall apply: For
executing each warrant of arrest or capias, or
for making arrest without warrant, whan author-
ized by law, three dollars and fifteen cents for
each mile actually and necessarily traveled in
going to place of arrest, and far conveying
prisoners to jail, mileage as provided for in
subdivision 4 shall be allowed;. .
"4. For removing a prisoner, for each mile
going and ooming, including guards and all other
expenses, when traveling by railroad, ten eonts;
when traveling otherwise than by railroad, fifteen
cents; provided, that when more than ote prisoner
is removed at the same time, in addition to the
foregoing, he shall only be allowed ten cents a
mile for each additional prisoner."
Prsauant to the established departmental rul-p
inc ef tdis office and the Comptroller's office, Article
10o applies to all counties having a population of less
than 40,000 inhabitants according to the preeltaug Fed-
efal census regardless of the number of votes cast at
the preceding presidential election Fayett Oeaty has
a population of less than 40,000 inhabitants; tkherefre,
Article 1030 is applicable to that county ad its aen-
stables.
Article 1020, C.C.Po, provides, in part, as
follows:
"Sheriffs and Constables serving press
sad attending any examining court in the ex-
aninatie of any felony case, shall be entitled
to such fees as are fixed by law for similar
services in misdnemeaner cases ina Onnty oarC
te be paid by the State, not to exoes Fotr and
NO/l03 ($4.00) Dollars in any one oase, aM
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-112, text, March 28, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264932/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.