OAG 40-39.

• Case Date: August 17, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-39. 46OPINION NO. 40-39[20 Or. Op. Atty. Gen. 46]In cases appealed from justice courts to circuit courts, counties are required to pay to state one-half the amount of fines collected, less unpaid costs, including costs taxed in the circuit court and those taxed in the justice court if they have been included in the judgment of the circuit court.No statute authorizing clerks of county courts or circuit courts to tax costs in justice court cases appealed to circuit court.Justices of the peace must file with county clerk transcript of each judgment of conviction in criminal cases, and same are to be recorded by county clerk in the judgment docket of the circuit court.Such transcripts so docketed constitute liens upon real property of the de-47fendant in county where so docketed, and in other counties when transcript has been filed with a justice of the peace therein and like proceedings taken as in cases where judgment was originally obtained in court of said justice of the peace.August 17, 1940.Hon. Walter E. Pearson,State Treasurer. Dear Sir: In your letter of July 19, 1940, you refer to sections 55-1108 and 55-2408, Oregon Code 1935 Supplement, as amended by chapters 466 and 465, Oregon Laws, 1937, respectively, each of which provides that the amounts of fines, penalties, and bail forfeitures resulting from arrests made by state police officers or certain designated state officials or employees, except when the arrest or complaint is made and the amount of the resulting fine, penalty, or forfeiture is collected pursuant to the provisions of an ordinance of an incorporated city or town, shall be applied first to the payment of court costs in the particular proceeding at the rates prescribed by law, and the remainder paid by the collecting court or judicial officer in one-half portions to the state and to the jurisdiction in which the arrest is made. You request me to advise you whether in filing claims with the counties for the proportions due the state in the amount of fines collected in cases appealed from justice courts to circuit courts you should bill the counties for one-half the amounts of the fines less only the cost taxed in the circuit court, if any, in those cases in which the defendants paid the fines but did not pay the costs in that court, or whether you should bill the counties for the net amounts of the fines after deducting unpaid costs in both the justice and the circuit courts.

"* * * Upon appeal to the circuit court from a judgment of a justice of the peace in a civil action, a trial de

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