1. Sec. 66.110, 1959, providing for a fee of two dollars and fifty cents in each case involving violation of a county ordinance, is applicable to St. Louis County magistrate courts. Said fee shall be collected in each county ordinance case instituted in any magistrate court of such county. 2. Sec. 483.610, 1959, providing for collection of five dollar magistrate court fee in each criminal proceeding and in each preliminary hearing instituted in any magistrate court, is applicable to St. Louis County magistrate courts. Said fee shall be collected only in each criminal case instituted in a magistrate court of said county. 3. Sec. 482.250 Cum. . 1961, applies in cases other than criminal proceedings and cases involving county ordinances. The fee provided for in the section is collected by magistrate courts of St. Louis County only in such cases.

SALARIES Al'ID FEE : MAGISTRATE FEE : f·1AGISTRATE COURT FEE : FIRST CLASS COUNTIES: v1HEN COLLECTABLE : 1. Sec . G6.110, RSMo 1959, providing for a fee of two doll ars and fifty cents in each case involving violation of a county ordi- nance, is applicable to St . Louis County magistrate courts . Said fee shall be collected in each county ordinance caac instituted in any magistrate court of such county . 2 . Sec . 1~83 . 610 ~ RSMo 1959, providing for collection of five dollar magistrate court fee in each criminal proceeding and in each preliminary hearing instituted in any macistrate court, ls applicable to St . Louis County magistrate courts . Said fee shall be collected only in each criminal case instituted in a magistrate court of said county. 3. Sec . l~82 . 250 RSMo Cum. Supp. 1961, applies in cases other than criminal proceedings and cases involvine county ordinances . The fee provided for in t he section is collected by magistrate courts of St . Louis County only in such cases . Honorabl e Norman II . Andc::•con Prosccutj.ng Attorney or St . Louis County Court House Clayton, f·li ssour1 Dear r·w. Anderson: OPINION NO. 31 (62 ) 398 (61 ) ThJ.s o.ffice 1s in receipt o.f your request f or a legal opini on , which reads as follot ~s : "Tlll.~ office hao been l"'equcsted by the Val~OUS ~~1otratco in nt . Louis County to seck an opinion from your office relatin~' · to the f ollowing : unc!er Section ~82 . 250 of the Revised Statutes oi' I1ts sour1 \'lhich become cf - focti..:c thi,; ~-ca.::', til.erc la contc.incd therein a atatc.-ncnt as follo\';s : ' for cuch Cou:r?ts the ft',ar:;istrutc .fcc shall be $6.oo. * Thcl"'e is not hing 1n t he above section which negates or voids any of the othe:t• s ections of the statutes dea!• ing with var1oua fees to be charged i n t he lbgiatr ato Court c , such zcc- tions ::Jotting o·tt specific fee s f or Stat e criminal cases and County co.soc . As the frb2;istrat;es are all concern0d as to the f ees they shoul d be charg• 1ng at the present time , your prompt Honorable Norman H • .:\nder~on opinion on this matter would be greatly appreciated by all. " Section 482. 250, RSMo CUm . Supp . 1961, provides as fOllOt'lS: "The salaries of lnabiatratcs and clerks of the magistrate court, lyj.ng wi1olly \'lith1n any city of more than six hundred thousand 1nhabitantz o~ any county of the firet class, shall be fixed and paid as provided by general lat1 tor other magistrates and clerks, except that t he annual salary o~ each magist~ate shall be nine thousand eight hundred dollars. Fol' such courts the magistrate fee shall be six dollars. • st . LoUis County is one of the f i rst- class &ld has adopted 1 ts O\'m county charter, under provisions of Sec- tion 181 Al't1clE'l VI, Constitution of t.ttssouri. We understand the t•county Cases" referrea to in the opinion request are prosecutions t or viol ation of St. Louis County ordinances~ authorized by Chapter 66, RSMo 1959, and particularl y Section 66.010, or said Chapter, providinz such eaaoo may be prosecuted 1n magist~ate courts. The oection reads as follows: ' 1 My county of class one fram.tng and adopting a charter for i ts own govern- ment under the provlaions of section 18, art1ole VI or the COilStituti on of this State, may prosecute and punish viola- tions or its county ordinances in the magistrate courts of such counties 1n the manner and to t he extent herein provided. " Section 66.110 provides what fee shall be allowed and coll ecteu ln county ordinance violati on casas, and reads as fol lows : "In each such proceeding had before a magistrate court involving a viol ation Honorable Norman H. Anderson -3- of a county ordinance a tee of two dollars and fift:t cents hall be allowed and col- leoteu t o be in full fo1• the &e1'vice of the magistrate or t he cl e.t·k of the magis- trate cou:t"t. Al:!. such rees cha rged a nd collected by the t..lerk or: l.he m.agiatrate c..our·t l::ihnll be p&id ove.c• \;o him at the end of each month to the di1•cctor or revenue as pr~vided ~n s~ction '+83. 615, RSMo. Secti on 66. 110, sup.1.-a , is a special, as di.stiru • tished from a general statu-ce, f'or the reason it applies only to the maglstrate courts of fi~a"C ~lass cowl~ies ~~th charter forms or government. It rcqu11"ec the allowance and coll ec- tion of a fee or t~o oollars anu fif~y cents in each coun- t y ordinance cacc, n~ch 13 a ~pecial proceeding, and does not authorize the allo~ance ana collec,;ion of a fee in this amount in any other proceeding i n the magistrate courts of such counties. · Section 82. 250, supra, ts a general s-cntutc appli- cable to magistrate courts of cities of more than six hundred thousand inhabit ants and magistrate courts of all counties or the first class . When Section 66. 110 is compared with Section 482. 250, it a ppears that the former is a spec1al Btatute l'lhile the latter io general, as it i s fully applicable to magistrate courts of all first class counties, including those of St. Louis County. Therefore, in cases violating prosecutions in magistrate courts in St. Louis County f or violation of county ordinances a fee of two dollars and fifty cento is allowed and collected for the services of the magistrat e or the clerk. In seeking to determine the kind or class of cases Section 482. 250 reouire~ a magistrate fee to be charged for and collected, we find it necessary to refer to an.d consi der other statutes relat ing to the collec- tion of fees 1n criminal proceedings in magistrate courts. Section 483.610, RSMo 1959, provides that certain tees shall be charged for and collected in mag1st1~te courts i n criminal procccdlngs . ~~e only feeo cen• tioned in the section \rl.t h which ~·e are concerned, are those set out in subsections 2 and 3, wh~ch subsections read as follows: Honorable Uot-man 11. ,\nc~n·~on 2. "In each crimin:ll proceeding anu in each prel1I: inary hco.rinz lnetituted L~ any me:istrate court, a magistrate court fcc ot fl ve dollars eh9.ll be :1 llo~1ed anu collected to be in full for ~1e services of t he r-ag1atrute or the clerlt of said court . Such fce3 llhal l be charged, collected and dlo• position t hereof ohall be made as provided by l aw uppl1c:ible thereto . " 3. "All such fees shall be ehar--;cd on behal£ of the atatc or county po.yill{) a!llary of :}Uch cleric or ~istrate and oha.ll bo paid and ~ccountcd for in the ~ruJc ~er na tnagistratc f'ccs . ' Obviousl y., the l a:.gU3.gc used 1n Section 1:83.610, supra, i s 3uff1cicntly broad enoUGh to include magis• trate courts within first claso countico, au aubscc- tion 2 provides tr~ c in e~ch criCinal proceeding anO in each prcl1.cJi.n.ai"J hearing 1not1tuted 1n "any magis- t rate court, a rnaG!stratc court reo or five doll rs ahall be llowed and collected t o be in f'ull f'or the services of the mar;istratc or the clerk of' nllid court. " It is believed the section refers t o every mag1otrate court, lncludlng thoae of firot cl ass counties. Subsection 2 of section 483.610 rcf'cro t o a "mag1atro.tc court fee u, \·1h1l c aubaoct1on 3 4 equ1rea all such fees (1ncludinC; "t'laciotrate court f'~..;cs " as well as other !'cea .. :·eterrcd t o in an earlier part of the section) to be p4id anu accounted for in the same manner as ''mav:tstratc fcc:l 11 , thereby creating a diG• t inction between '~ifltroto court fcc3 " o.nd "t.Ul.gis- trate fees " and that S3.1c! fceo co.ch have a <!ifforent meaning and the terms c~~ot be used ~torcnanceably . In view of the foregoing, 1 t is our thought that Section 483.610, supra, 10 appl icabl e to the magistrate courts of St . !Du13 County, ll.Ild requires a wagiGtrat e court fee or f1 vc dollars t o be lllloucd, col lected and accounted for ~ each criminal proceeding and each pre- l1~ary hearing fil ed in such roac1stratc courts . Honorable Norman H. Anderson -5- The magistrate court fee is collectable in each cr1m1- nal case, and not in a civil case, tmereas, a magistrate fee is collectable in a civil case and not in a criminal case. Therefore, in view of tho foreeoing, it is believed Section 482.250 applies t o cases other than criminal pro• ceed~gs and cases involving prosecutions f or violations of county ord1nances and that St. Louis County magistrate courts shall collect the six dollar magistrate fee pro• vided for 1n such section onl y 1n such cases filed in such courts. Conclusi on Therefore, it is the opinion of this office that: l. sect i on 66.110, RS:tlo 1959, providing for a fee of tvro dollars and fifty cents in each case involving the viol ation of a county ordinance is applicable to St . Louis County magistr3.tc courts, and said fee shall be collected i n each county ordinance caoc instituted in any r~istrate court of said county. 2. Section 483.610., R.Srto 1959. providing for the collection of a five dollar maBistrate court fee in each criminal procee~ and in each preliminary hearing in- stituted ln any ~i strate court is applicable to the magiotrate courts of St. Louis County and said fee shall be collected onl y 1n each criminal case instituted in a magistrate court of said county. 3. Section 482.250., RSMo Cum. Supp . 1961, applies in cases other than criminal proceedings and caoes invol v- ing pro3ecut1on for viol ations or county ord~:mces and the fee of six dollars provided for in such ocction i s collected by the magistrate courts of St . Louis County only in such cases. The foregoing opinion, which I hereby appro•1e, was prepared by my assist ant, Paul N. Chitwood. P. C: AT Yours very truly, THOMAS F. EAGLETON Attorney General