Your request for an opinion on the above stated question has been received by this office.

Your letter reads in part as follows: "Please advise me what foe the constable of Preoinet No. 1, Panola County, Texas at Carthage, Texas, would be allowed for serving a warrant of arrest in a misdemeanor case."

Article 1065 of the Code of Criminal Irocedure reads as follows: "The following foee shall be allowed the shariff, or other peace officer performing the same services in misdemeanor cases, to be tax- ed against defendant on conviction:

1. For executing each warrant of arrest or capias, or making arrests without warrants, two dollars.

2. For summoning each witness, seventy- five cents.

3. For serving any writ not otherwise provided for, one dollar.

4. For taking and approving each bond, and returning the same to the court house, when necessary, one dollar and fifty cents.

5. For each commitment or release, one dollar.

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Hon. San 7. Holt, May 23, 1939, Page 2

1. Jury feo, and each oaso where a Jury is aotually sumoned, one dollar.
2. For attending a prisoner on habeas oorpus, when such prisoner, upon a hearing, has been remanded to oustody, or held to ball, for each day'se attendanco, four dollars.
3. For conveying a witness attached by him to any oourt out of his oounty, four dollars for each day or fractional part thereof, and his actual necessary expenses by the nearest practicable public conveyance, the amount to be atated by said offioor, under oath and approved by the judge of the court from which the attachment issued.
4. For conveying a prisoner after conviction to the oounty jail, for each mile, going and coming, by the nearest practicable route by private conveyance, ten cents a mile, or by railway, seven and one-half cents a mile.
5. For conveying a prisoner arrested on a warrant or capias issued from another oounty to the oourt or jail of the oounty from which the process was issued, for each mile traveled going and coming, by the nearest practicable route, twelve and one-half eents.
6. For each mile he may be compelled to travel in oxecuting oriminal procesa and sumoning or attaching witness, seven and one-half eents. For traveling in the sorvise of procesa not otherwise provided for, the sum of seven and one-half eents for each mile going and returning. If two or more persons are mentioned in the same writ, or two or more writs in the same case, he shall charge only for the distanco actually and necessarily traveled in the same."

He see from this atatute thgt each fee is allowed for its specific service performed. This departmont has re peatedly held that a constable is entitled to a fee of two dollars for executing each warrant of arrest or capias, or making arrests without a warrant in a misdemeanor case to be taxed against the defendant on conviction.

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Hon. 3am T. Holt, May 23, 1939, Page 3

You are respectfully advised that it is the opinion of this department that a constable is entitled to a fee of two dollars for executing a warrant of arrest in a misdemeanor case, such fee to be taxed against the defendant on conviction.

Trusting that the foregoing answers your inquiry, we remain

Yours very truly ATTORNEY GENIRAL OF TEXIS

By Guelel Wilkinson Ardell Williams assistant

AFFROYED:

Revised E. T. TANN

ATTORNEY GENISIAL OF TEXIS