OAG 40-21.

• Case Date: July 23, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-21. 26OPINION NO. 40-21[20 Or. Op. Atty. Gen. 26]On making the application and showing and taking the oath provided by statute one imprisoned for nonpayment of a fine and/or costs and who has been confined in county jail thirty days, is entitled to discharge.July 23, 1940.Mr. M. T. Hoy,Master Fish Warden. Dear Mr. Hoy: By your letter of July 19, 1940, you request to be advised whether or not the filing of a pauper's oath constitutes legal grounds for the release of a defendant who has been convicted in the justice court for violation of the commercial fishing law and sentenced to pay a fine therefor and committed to the county jail in default of such payment to serve until such fine is paid at the statutory rate of $2 per day. Answering, I would call your attention to section 13-1143, Oregon Code 1935 Supplement, which is chapter 266, Oregon Laws, 1935, reading as follows:

"When any person, sentenced by any court of the state of Oregon to be im-

27 prisoned and pay a fine, or fine and cost, or to pay a fine, has been confined in a county jail thirty (30) days, solely for the nonpayment of such fine, or fine and costs, such person may make application in writing to the committing magistrate or court setting forth his inability to pay such fine, or fine and costs, and after notice to the district attorney...