BIENNIAL REPORT OF THE ATTORNEY GENERAL
77
SHERIFFS
In reply I beg to say that the'statutes do not fix any sepa,rate and
distinct fee for serving a search warrant. It is, therefore, my opinion
that the fee for executing a search warrant is the same as the fee for
executing any other criminal warrant! except in cases where no arrest
is made in which instance the fee for executing the search warrant would
be $1.00 instead of the fee of $2.00 allowed for arrest under Section 4583,.
Compiled General Laws of Florida, 1927. In this connectioIl, your at­
tention should also be called to the provisions of Section 7642, Com­
piled General Laws of Florida, 1927, which provides that no fees shall
be paid to any Sheriff, Deputy Sheriff, Constable, or Police Officer for
executing search warrants relating to intoxicating liquors or beverages,
unless the search should reveal the fact that the person named therein
is guilty of the offense charged.
July 18, 1938.
FEES FOR FEEDING PRISONERS-SECTIONS 2838 AND 2839,
C.G.L. 1927
Dear Sir:
I am in receipt of your
reads as follows:
l~tter
of the 30th ult., the body of which
"Will you please advise whether the rates fixed for feeding
prisoners by Section 2838, Compiled General Laws, 1927, should
be applied separately to prisoners held for another county under
Section 2839, or whether the rates would apply to the total'
number of prisoners held by a . sheriff for his own county and
for other counties?"
I quote you Sections 2838 and 2839, Compiled General Laws of
Florida, 1927, as follows:
2838. "The sheriff shall make out and present to the board
of county commissioners, at any regular meeting thereof, his
bill for fees for feeding prisoneTs and the period for which the
charge is made, which fees shall be as follows: For feeding
twenty prisoners, or less, sixty-five cents per day each; and for
feeding all over twenty prisoners fifty cents per day each; and
it shall be the duty of said board to properly audit the same,
and order a warrant drawn against the fine and forfeiture fund
of the county for the sum found to be due."
2839. "Where the prisoner is confined in the jail of a dif­
ferent county from the one in which the crime was committed,
then the sheTiff's bill for feeding such prisoner shall be pre­
sented to the board of county commissioners of the county in
which the crime is alleged to have been committed, and paid
78
BIENNIAL REPORT OF THE ATTORNEY GENERAL·
SHERIFFS
by such county. If the sheriff should subsequently collect any
such fees for feeding a prisoner, it shall be his duty to pay
the same to the county depository, to go into the fine and
forfeiture fund. The county commissioners shall see that there
is always set aside and retained in the fine and forfeiture fund
out of the· monies collected from the special tax authorized to
be collected for such fund, enough cash to pay for keeping and
feeding such prisoners."
Reading Sections 2838 and 2839 together, it appears that it is the
purpose of the Legislature that the Sheriff file his bill with his County
for feeding prisoners of such County and including prisoners from other
Counties, and then file with the other Counties a bill for such prisoners
since. the statute specifically says that any collections from other Coun­
ties must be paid into his County Depository to go into the fine and
forfeiture fund. Under this apparent procedure indicated by the statutes,
the fee for feeding such prisoners should, of course, be based· on the
total list of prisoners, including those from other Counties.
October 13, 1937.
FEES-SECTION 4588, C.G.L. 1927
Dear Sir:
I am in receipt of your letter of the 2nd instant, the body of which
reads as follows:
"Section 4588, Compiled General Laws, 1927, fixing the fees
of Sheriffs reads in part as follows:
Subpoena for witnesses, service on each witness
Return on same
25c
10c
"Will you please advise whether the fee of 10c· for the re­
turn is for the return on the subpoena or whether it applies
to each witness named on the subpoena, and if the latter is
true would it also apply to witnesses not served."
Your attention is called to Section 8308, Compiled General Laws
of Florida, 1927, reading as follows:
"Whenever possible, the names of all witnesses summoned
for, or at the cost of the State in a criminal case shall be in­
cluded in one subpoena, and the Pl~osecuting officer shall, when­
ever possible, include the names of all such witnesses in one
praecipe for such subpoena."
Since the above quoted statute provides whenever possible the names
of all witnesses summoned for or at the cost of the State in a criminal
case shall be included in one subpoena, it appears that only one return
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