OAG 40-91.

Case DateOctober 23, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-91. 102OPINION NO. 40-91[20 Or. Op. Atty. Gen. 102]Sheriffs not authorized to charge fee for service of citation in proceedings for commitment of delinquent children.October 23, 1940.Hon. Fred McHenry,District Attorney, Benton County. Dear Sir: Under date of October 16, 1940, you request my opinion as to whether or not a sheriff is entitled to charge a fee for the service of citation, under the provisions of section 33-622, Oregon Code 1930. Section 33-621, Oregon Code 1930, provides:
"Any reputable person being a resident of the county, having knowledge of a child in his county who appears to be either dependent or delinquent, may file with the clerk or a court having jurisdiction in the matter a petition in writing, setting forth the facts verified by affidavit. It shall be sufficient that the affidavit is upon information and belief."
Section 33-622 provides that upon the filing of the petition a citation or notice shall issue, requiring the person having custody or control of the child, or with whom the child may be, to appear with the child at the place and time stated in the citation or notice, which time shall not be less than twenty-four hours after service. No specific statutory provision is made as to how and by whom citation shall be served. In Ex Parte Bowers, 78 Or. 390, 395, the court said:
"Legislation creating juvenile courts is of modern origin. An enactment of that kind was not designed as a means to try, convict and punish youths charged with the
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