McGee, 072677 MSAGO, 1977-0020

• Case Date: July 26, 1977
• Court: Mississippi

Mr. Pete McGee No. 1977-0020 Mississippi Attorney General Opinions July 26, 1977          Mr. Pete McGee          Hinds County Chancery Clerk          Post Office Box 686          Jackson, Mississippi 39205          Dear Mr. McGee:          We have conducted a careful review of previous opinions of this office relative to an interpretation of Section 25-7-9(hh), Mississippi Code of 1972, and have determined that those opinions dated November 9, 1976 to Mr. M. B. Cobb and dated July 19, 1977 to Mr. Pete McGee, warrant reversal.          As stated in our opinion to Mr. M. B. Cobb dated November 9, 1976, the interpretation of Section 25-7-9(hh) was confusing and that the application thereof must be in accordance with McQuay, Inc. vs. Byron Hunter (1958), 105 So.2d 476. The opinion of July 19, 1977 was a restatement of the Cobb opinion.          However, upon a careful review of the statutory history of this particular section, we are of the opinion that the legislative intent of the statutory construction is not supportive of such a conclusion as previously held and evidence by past opinions.          Section 25-7-9(hh), Mississippi Code of 1972, provides:

“(hh) For each day's attendance on the chancery court for himself and not more than two deputies for each chancellor sitting, to be approved by the chancellor, each . . . . . . 20.00”

         Prior to the adoption of the language above as it appears in Section 25-7-9(hh) and enacted as Chapter 397, Laws of...