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2005 Mississippi Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagms0078 and id is 1 raw text is: Mississippi Attorney General Opinions Linda Aldridge Office of the Attorney General April 26, 2005 Office of the Attorney General State of Mississippi *1 Opinion No. 2005-0063 *1 April 26, 2005 Re: Constable Fees *1 Linda Aldridge *1 Justice Court Clerk *1 8525 Hwy. 51 N. *1 Southhaven, MS 38671 Dear Ms. Aldridge: *1 Attorney General Jim Hood has received your request and has assigned it to me for research and reply. You ask if restitution is awarded in a case, would the restitution be collected before the Constable fee, citing Section 25-7-27(2) of the Mississippi Code. *1 Section 25-7-27(2) provides: *1 Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case. *1 It is the opinion of this office that the constable fee should be paid out of the first monies paid in the case, regardless of the source or purpose of the payment. Thus, the constable should receive his fee before restitution is paid to the victim. Sincerely, *1 Jim Hood *1 Attorney General *1 By: James Y. Dale *1 Special Assistant Attorney General END OF DOCUMENT

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