OFFKE OF THE ATTORNEY
AUSTIN GENERAL OF TEXAS
Eonorabls I-:. P:. Beaslep
county Auditor
Collin Cocuty
1:cKinaey, Texas
Dear Sir:
ts asmxoa agninst
.OO. He mkes
nbout
1. Your first quention is answered in the affir-
mative.
2. Your second question is answered in the affir-
rzative.
3. Your thlzd question In answered in the negative.
4. Your fourth question is answered in the nega-
tire. In your particular Latter the total of dofendantls
Konorable k. E. Beasley, Page 7
fine and costs, includin(r.
the costs of the cuGias pro fine
and mileage to the county fara, is :!z23.00.The defendant
should be allovted$2.30 credit on his fine and costs for
each day he serves on the county fern.in this case.
5. In answer to your fifth question, it is the
opinion of this department that vrhereonly a part of the
fine and costs ase aollected, that the money collected
should go first to the payment of the costs and the baL
ante, if any, to the ariountof the fine, and that where
there is not enough coll.ectcdto pay all the coots, the
rboneycollected should be prorated betu:eenthe arresting
officer, the county attorney and the county, That no of-
ficer has priority over another in such E;atter. For ex-
a.%ple,if the fine end costs a&ouat to $23.00; as in your
case; the fee of t.hacounty attorney amounts to $5.00;
the fee of the constable amounts to $13.00 end the trial
fee amounts to $4.00; if tho defendant paid S6.00 in cash
and the balance is worked out on the county farm the arrost-
in6 officer would be entitled to $3.55 of the cash payz.ent,
the county attorney.vJouldbe entitled to $1.36 of the cash
payment and the county (as its portion of i.hetrial fee)
would be entitled to receive $1.09 of the cash paykent.
The a::restingofficer and the county attorney v*ouldalso
be entitled to receive payment from tbe county uuder Arti-
cle itJ55,Code of Criminal Procedure of Texas, one half of
the t-lance of their fees for the time the defendant work-
ed.oul the balance of his fine and costs. Under the emm-
ple quoted above the arresting officer would be entitled
to receive from the county the sum of $4.72; the county
attorney :ould be entitled to receive from the cbunty the
sum of $1.22. The total sum received by the arresting of-
ficer from both sources would be $3.27; the total susare-
ceived by the county attorney from both sources would be
G3.18.
C. The amount due under your sixth question would
be $7.50.
Trusting that this satisfectorilyanswers your
inquiry and with best regards, we are
Very truly yours