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j' percent on cash bonds estreated. I now make demand upoi► you to pay me an additional salary of $400.00 for each of the year 1943, 1944, and 1945 and 10 percent of the amount of cash bonds estreated in the County Court during , these three years. Let it be understood that I do not want the County to pay me any money that I am not lawfully entitled to receive. I therefore suggest that you request the advice of the State Auditor and the Attorney General in the matter and that you pay me all or such part of the amounts above demanded as they advise you will be lawful. Yours very respectfully, C. P. Diamond C. P. Diamond .OUPN UM ON COMPENSATION OF PROSECUTING ATTORNEY Chapter 10072, Acts of 1925, created a County Court in Indian River County and pro vided for a Prosecuting Attorney. in Section 4 thereof, to -wits "Section 4. The Prosecuting Attorney of said Court, prior to the general election in 19269 shall be appointed by the Gover- nor and receive a salary of $400.00 per annum, to be paid quarterly by Indian River County,, Florida, upon warrant from the Board of County Commissioners of said County, and a fee of $5.00,1 for each conviction, to be taxed and paid as other costs in criminal eases, and shall hold his office until his successor shall have been duly elected and qualified, as by law made and pro- vided in such cases." Article 5, Section 18, Constitution of Florida, provides that the Legislature may organize County Courts in such counties as it deems properly provides for a Prosecuting Attor- ney and that "his duties and compensation shall be prescribed by law." Article 3, Section 20 of the Florida Constitution provides that the legislature shall not pass special or local laws in any of the following cases, " - - - regulating the fees of officers of the State and County." Chapter 19321, Acts of 19399 Section 29 provides for amending Section 5987, revised', general Statutes of Florida, 1920, so that the Prosecuting Attorney of the County Court shall be paid $800.00 per annum and $5.00 for each conviction and shall also receive ten percent of each cash bond estreated in his court in connection with which an investigation is made and an information is filed. Section 2 of the above Act provides that this Act shall not apply to change or af- fect the compensation of any County Prosecuting Attorney now or hereafter receiving,compensa- tion or fees under any law of the State of Florida other than under said Section 5987. Section 5987 as amended by Chapter 19321 as noted above was reenacted in the Flo- rida Statutes 1941 as Section 34.11, which said reenacted Section does not contain Section 2 of Chapter 19321. In other words Section 34.11 simply provides for the compensation of the Prosecuting Attorney to be $$00.00 per annump $5.00 for each conviction 'and ten percent of each cash bond estreature. Chapter 20719, Acts of 1941, as amended by Chapter 220009 Acts of 19432 & Chapter 2280_, Acts 1945, approves, adopts and enacts the Florida Statutes 1941 and provides in See - tion 2 thereof that every Statute of a general and permanent nature enacted by'the State of Florida and every part of such Statute not included in the Florida Statutes 1941° -or recognized and continued in force by reference therein, is hereby repealed. Section 3 provides that no special or local law is hereby repealed. Chapter 19321 is a general Statute and since Section 2 thereof is not contained in the Florida Statutes 1941 that portion thereof was repealed by the enactment of the Florida Statutes 1941, At the time of the enactment of the Act creating a County Court, Section 59879 Re- vised General Statutes of Florida 1920 was the general Act providing compensation for the.Pro- secuting Attorney of the County Court. The punctuation and phraseology of See:tiond4 of Chapter 10072 shows that the salaries provided and the fee mentioned is for the Prosecuting Attorney 0 1 0 1 0