Regular jurors who are required to and who actually travel each day for which such mileage is claimed from their place of residence to the courthouse are entitled to mileage as well as per diem for each day of service as such jurors.

-JURORS : JURY FEES: MILEAGE: Regular jurors who are required to and who actually travel each day for which such mileage is claimed from their place of residence to the courthouse are entitled to mileage as well as per diem for each day of service as such jurors. January 4, 1963 Mr. Robert Devoy Prosecuting Attorney Linn County Brookfield, Missouri Dear Mr. Devoy a Reference is made to your request for an official opinion of this off i ce, which reads as follows: "As Prosecuting Attorney in and for Linn County, Missouri, I wish to re- quest the Attorney General's opinion construing Section 494.100, Missouri Revised Statutes, 1959. "The question has arisen as to whether the Circuit Clerk is authorized to pay members of the regular petit Jury panel mileage in travelling from the Juror's place of residence to the courthouse and return for each day that a trial may last." Section 494.100 RSMo 1959 states as follows: "Each grand and petit juror on the regular panel shall receive 81x dollars per day, for every- day he may actually serve as such, and seven cents tor every mile he may necessarily travel going from his place of residence to the courthouse and retuming to the same, to be paid out of the county treasury." The foregoing statute fixes the compensation of regular jurors at a fixed rate per day, plus mileage. Mileage is Kr. Robert Devoy paid onl7 ror the number ot ailea •neceaaar117 traveled. " The word "neoea.ar117 11 1n thia context haa rete.-.nce to the number ot milea 1t 1a neoeaaar.r to travel b7 the aoat practicable and uB\I&llJ' traveled route. hrf®on c. llcDar1a L'UIIber co. v. John n.ecte • co., 130 JIO.App. , 109 ft 850. Ia ao Uiidera£o6d, however, i11eage conat1 tutea a portion ot the JUror•• COIIPenaat1on. It ta a taa111ar rule or etatutol'J' ccmatruot1on that all wor4a 1n a atatute be pven efteot, Where poaa1ble, 1n order to ef'teotuate the lq1alat1Ye inten', 'lbe lan&UAP ot section ~.100 n1denoea the lepalat1ve tnt.nt to oa.penaate reiUlar 3\ll'on tar eYelT 4&7 thQ' "aot\lallJ' Ml"fe •• INoh." Por eaoh web d&T, a Juror La to nce1n cQ~~~PeU&t1on at the t1Xecl rate ot atx dollar• pel' da7 an4 111leap. !be atatute p1&1nl7 pro- vide a that botb el..ata ot the Juror' • c<JIII)ena&t1on aball be pa14 "tor eve17 clal' he IIQ' aotuall7 Hl"fe u ncb." 'lbeae WOI'da ~1aarl7 ~lJ to 1111-.p aa wll •• to Jft' 41•. otb.ar- w1M, the wordl per daJ'" WO\Ild MI'Ye no purpoH and would oonat1tute .urplu ..... COJICLUIIOJ. It la our opinion that r.-eplar Jurors Wbo are required to and who aotlaall7 travel each da7 tor whi.ch auch ld.leage 1a olaiMd tr<a their place of residence to the courthouae are entitled to lllleaae u well •• per 41• tor eaoh daT of Hrv1oe aa auch Jurora. !he toreaoina opinion. Wbich I hereb7 appl'OV'e, we prepared b7 ., Aaa1atant, Joaeph leaaenteld. ft(WAS .. • UALft'mJ Attorna~ General