No fee is allowed the sheriff or other executive officer, upon the return of any kind of criminal process or subpoena “not found,” unless the officer makes oath before the clerk that the officer has been to the residence of the person mentioned in the process, or at the place where the person last resided in that county, or that the person has not resided in the county for twelve (12) months.
Code 1858, § 5567 (deriv. Acts 1843-1844, ch. 215, §§ 10, 12); Shan., § 7591; Code 1932, § 12218; T.C.A. (orig. ed.), § 40-3309.
Cross-References. Sheriffs and constables, specific fees authorized, §8-21-901.
Attorney General Opinions. In order to receive the fee for attempting to serve criminal process, the officer must satisfy the conditions in T.C.A. §40-25-109; an affidavit attached to the unserved process would not be sufficient to satisfy the statutory requirement, OAG 04-088 (5/06/04).