OAG 41-209.

• Case Date: August 27, 1941
• Court: Oregon

Oregon Attorney General Opinions 1941. OAG 41-209. 381OPINION NO. 41-209[20 Or. Op. Atty. Gen. 381]Constable entitled to mileage on basis of distance actually necessarily travelled in service of process, regardless of number of trips made.August 27, 1941.Hon. Fred A. Miller,District Attorney, Clackamas County. Dear Sir: Section 87-964, O. C. L. A., as amended by chapter 223, Oregon Laws, 1941, (section 2) provides:

"Every officer or private person whose fees are prescribed in this title who shall be required to travel in order to execute or perform any public duty, in addition to the fees hereinbefore prescribed, shall be entitled to mileage at the rate of five (5) cents a mile, and no more, in going to and returning from the place where the service is performed."

You request my opinion whether a constable is entitled to mileage for more than one trip which he makes in serving process in civil matters where, upon the first trip, he is unable to locate the person named in the process. Section 27-222, O. C. L. A., provides that the fees of constables shall be as follows:

"For serving a summons, order, writ, or process, other than a warrant of arrest, fifty cents;".

Section 1-614, O. C. L. A., provides:

"Whenever it shall appear by the return of the sheriff, his deputy, or the person appointed to serve a summons, that the defendant is not found, the plaintiff may deliver another

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