Welch, 012480 MSAGO, 19800124

• Case Date: January 24, 1980
• Court: South Carolina

Honorable Milton Welch No. 19800124 Mississippi Attorney General Opinions January 24, 1980          Honorable Milton Welch          Justice Court Judge          Route One          Ripley, Mississippi 38663          Re: Constable fees           Dear Judge:          Attorney General Bill Allain has received your letter of January 17, 1980, and has assigned it to the undersigned for research and reply. In your letter you state:

“I would appreciate it very much if you could give an opinion on fees for Marshalls and Constables as outlined in Section 25-7-27 of the Mississippi Code of 1972 . The question is does the Constable who is at and is acting Peace Officer during each term of the Justice Court receive ten ($10.00) for each criminal case called before the bench, other than that of paragraph (F) of this statute where the state fails in the prosecution. Also, under paragraph (D) to be paid out of the county treasury on the allowance of the Board of Supervisors when the state fails in the prosecution or the person is convicted but is not able to pay the cost. Is the latter part of the five hundred dollars ($500.00) he receives annually? Thank you very much.”

         In answer to your question, it is the opinion of this office that under the provisions of Section 19-19-7 of the Mississippi Code of 1972, Annotated, it is a constable's duty to attend the justice's court of his district and to obey their lawful orders. The constable shall execute all judgments and perform any other duties lawfully delegated by the justice court judge. In essence, the constable is an...