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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.
*1 Jim Hood
*1 Attorney General
*1 By: James Y. Dale
*1 Special Assistant Attorney General


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