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Untitled Texas Attorney General Opinion
O-5602
Tex. Att'y Gen.
Jul 2, 1943
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Case Information

*1 r .. y.1’; -. .-. .._

OFFICE OF THE ATTORN&Y GENERAL OF Y’EXAk

AUBTIN

fIonorabla 3oward Tsaweek

County Attorney

Hotl,e4y county

Hstador, Tetss

Dear sir:

y cm&t for aostr ‘. - g8 mait* Senats T lot6 of the &Sth . . .

eta I desire hereinafter e a petition 19.

arenile Court by the ottlola mtpaoity, is a male ohild ov8r &tars of a&e, is a delinquent hsving vlolsted the laws of such violetions be speoi- The ohlld thet it he set down for a hearin& was apgrehandad'by the Sheriff and the ohild'e fst~sr was given leeal notIce.

' *The hesrinc was had bafore the county Judge, sitting 3s a Juvenile mart; the chil3 ~3 the chilU*s father arpeerea in person sn3. took Part In the heaping, the .Cormty Attornop appear4 aad presented the petition, e~-Ldsncs was heard. The ~Court found and daalared that the ohilcl waaS and 1s a dellnqusnt ohila under’ tha law.

Honorslbla Eoward Traweek paw 4

It ia stated in Texas Jaxlaprudenoe, Vol. 34,

page 508: Vtatutss preeczibing fees r0r puSllc officers

ar0 strlutly Cc?ofitX&; an6 hzi30~3 3 right to Seas may not rest in implication. '&SF6 this Xi&t f3 lrtt to oonstruotion, the language of the law mast be aonstraed in favor ot the government. Xhere a ia oapable of two coastmotions, OHB of stattlts whlah would give an offioer oo~apensstlon for hia ssrriass ia addition to hia salary and the other not, the latter oonstruotion should be adopted.

It is iio oonoern OS an officer that the Legirla- tars svlg hare been towed other offioers mom llbers'l than toward hta 15 the zatter of ooolpen- satlon fop serviacsi nor does this faot justify the oourte In upholding his ~elaia far owapnaation for swriaes sa ,against a fair and reasonable in- of the statute. Izi applying these terpretatioa a$atates and asosrtainia the Intent of the Leglslatue in the masning ot the statute, the usaal a&hods and rales of Interpretation are applioable."

It ia furth$r stated 19 Tesas Jurlsprudenas Vol. 34, P* 511:

mAn offlosr may not olalu 0F rsaoh any 50ney without a lals suthorlzlng hF% to do so, and alearlg fixing the mount to Prhioh hs is entitled."

The County Officials of Gotley Co*untp am3 co3- pensated on a tes -bash. Therefore, it is apgarcnt that cay aourt cost aacruing in proceadinSs under Saaats Bill Ho. f,4, euprqwoald be feeo for oam~Tansating the various officers ror ssrrioes parrtormed in sooh procsad- ings. Aa said Seoata Bill No, 44, suyra, or any other atatlte that we ha?6 bean able to find does not provide any fees for the varlons~ county otfiaere for reEdsring the above m0AtiZAed in pr00eedFngS under Said servicea Senate Bill No. I&, it is our opinion that the County is not 1 able for any oost in snoh proocedin&s OP liable

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1943
Docket Number: O-5602
Court Abbreviation: Tex. Att'y Gen.
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