Show COUNT FOR FEES before he Is entitled to salary county attorney pecery submits an opinion which the commissioners wa follow county officers are responsible for fees the county bai another tilt with the ex sheriff matte yes berday the matter had referred to county attorney peery light by which the might be guided and big opinion as read the beard is herewith eive to the hon board of county eibner ei oner weber county utah gentlemen I 1 submit the following in response to your af fennary ard 3rd 1897 which involves first the proper course to pursue to close the account ot ex wright second the responsibility of said ex sheriff wright to report to the hoard for the time absent as therein set forth third under what authority his said alleged official trip could be made the first question embraces the fee system of county officers sec of the county government act provides that the fees shall be payable at the time the vices are performed and any allicer ol licer when it is not otherwise expressly provided by baw may refuse to perform any services ia any snit or proceedings in which there are any fees due the person applying nn til such fees are paid As to ne returns of the fees to the county treasurer sec of the government act provides ahe sheriff of the various counties of the state shall collect aud pay into the respective county treasuries for the use and benefit of the county the following fees enumerating them sec provides the fees chargeable and collected by the officers of the several conn ties of this state lor the use and benefit of the county shall be paid to the county treasurer on the first monday in the following month sec 12 p session laws 1890 says that no salary shall be paid to any officer unless and until such officer shall account for and pay into the county treasury all fees collected by him for services in his office for the pieced ing quarter another penalty for neglect to pay in the fees as provided Is expressed in section if any officer named in this act shall refuse or wilfully neglect 0 o keep a fee book or to file ft sworn statement or to make returns as herein required be shall be deemed guilty of a misdemeanor besides the criminal prosecution that can be instituted civil action can be brought against him and bis bondsmen to recover all lees collected by him in bis official capacity the sheriff could not defend in the civil action on the ground that the county owed him bark salary nor could he coun ter claim salary due him action bythe conaty for an officer who is compensated pen sated by a salary paid ont of the public treasury and duty it la to pay into the public treasury all fees received by him cannot himself out of the moneys collected by him in bis official capacity machein Me chein on public officers sec p and caba cited this would seem to be particularly n point where there is a statute like ours seo 57 3 of county government act providing that moneys can be disbursed by the county only by warrants drawn on the treasurer likewise in a criminal action the sheriff could not defend on th ground that there was still back salary doe him for the offense consists in the omission to turn over the moneys and their embezzle ment j the answer to the second question as to the responsibility odthe ex sheriff to report to the board for the time absent as therein set forth the county commissioners have general supervision over the official acts and conduct of the county officers and it is the datlof the county officers to report their official acts and receipts so if the sherid was absent on official business it would be his duty to make a report of his official trip if so required by the county commissioners ners it will be observed that the opinion provides that the ex sheriff mast not only make a full and complete report of all fees received at the office before he is entitled to draw his salary but be Is also responsible for all fees that became due during his term of office the board concurred in this view and instructed mr wright that he would be expected to make his report comply with the suggestions of the attorneys opinion before the board could con eider the matter of salary said to be due and the matter will stand for another week |