etati tha Sees aarAsd In which the county Art1019 39128, Vernon*s Annotated vides in part aa follows: x$~~&;ersl Court of eaoh county In at its first regular fneat- ing in JiiAUary of &ch calandar year, Shall, ~. by. order made and entered ln the ninutes of said .court, deternine whether precinot officers of suoh county (arcapt publio weighers and regis- trars of vital stetistfos) shall be compensated on a salary basis as provided for in this Act, ,’

..JL. z:. J. Townsend 8 pa@ 2

or -whhsther they ohall receive as their cozqensa- tioa, 3uch fees of office as my be earned by thea: Y,thz perfomance of the duties of their officss, Sec. 3 of Art. 3912e, 7. A. c. ii., is a3 foJ-ims:

*In all case3 where the C0zi~i3aioners~ Sowt shell have detemlmd that county oflicers cz pre- oinct officers III euch county shell be cozpersated for their service3 by the cement of au ahmol

salezy, nuithz; the Stat& 3f-Tesaa fior any co;lr,tp r’se ELY conpwisatea, ‘it3 pr- or coi7.~Ao3~~3 for or t ilti 0-i shall be chargea wltc or pay to say iC3r3 any or ail OS xrldlr iV&ian~e 01’ it& c!:uties ofr~ceo out aitoi; osricer3 anau r3colve YS~:. 3ulary COnrsi 9s I on3 or cozqwfla- llL3U Oi &Id OcZh?r 1333, n tion which they V.~LU! stkmvise be euthorized to retain; providkd, homver, that ths ssse3sor snd collector of taxes 3hal.11 c;mthxe- to collect 3cd mtaitl :or the benefit of~'tho Wficorsl salary Bund or fuhds hsrainafter provided for nll:feea and com.bsio&a which he is authorized wider iev to collsct; 9ka it shall bs hi3 duty to accollrt Sor aA to pay all such zoniss received by Nz

into the fund or-eat& and provided for under tha provisioh3,of this Aot; provided further, that the provleiuna oA e.tiris 5ectlo3 3haU not afSect the pa-t of cants In oivil oases by the State but all such costs 30 paid shall ba eccourrted for by the officers collecting the sauce, as they are ” rec;uFraZ: uhder the provisions of this Act to

aocouot f~or fees, com.i.a3ion3 end costs collsoted from private partietr." ('Jnderscoriug our3)

Sea. 3.0s Art. 35133, 3upra, prohibits the k5Zt.e or : Cour;ty fro= _=~ying any ret3 to ofr'icurs conpensstad 33. 3 i 3akry basis and stetes that the s8lery of such,oSticer Shall / be in lieu of aii fees, oormisoiorsor co~qmnsatio~~ which they : would otherwiase authorized to rsteti.,

‘759 ii. 5. Touaaend, Pace 3 iiOn.

Sec.,4 of Said article states that iri counties contain- ing a population of less than one hundred and nimty thousand (190,000) inhabitants aheroin the county or preoinct officers are coupenseted on a salary besis, there shall be oreated a fund to be known as the UffiCarS' salary Fund." sec. proviaeaz

*It shall be the duty of all offioera to ahnrge and oolleot in the manner authorized by law all fees and comi9siOQs which are peruitted by lew to be assessed and collected for all offioial servloe performed by them. As sad Men such Seas are collected they shell be deposited in the Offioersc Selary FLCd, funds provided in this Act.”

Vje therefore answer your queatios in the negative. Youra very truly, p----q~ J. C, Savi5, Jr. Aasistent