Im NE January 19,1967 Honorable Joe Resweber Opinion No. M- 7 County Attorney Harris County Re: Authority of a’ sheriff Houston, Texas to relea5,e a person arrested under a writ of attachment upon the per- sonal bond of the person Dear Mr. Resweber: under arrest. In an opinion request of this office you pose the following questions: “1. Can the Sheriff, when authorized to accept ‘bond r of a person arrested under a writ of attachment for the body of said person, (which writ issued out ,of a civil court) release him on his personal bond without sureties or other security? "2. If a personal bond is not acceptable, are sureties to be required on the ‘bond’ authorized under such a- civil writ? Are any specific number of sureties required? “3. If a personal bond is not acceptable, and sureties or other security is required, can the Sheriff accept a cash deposit in lieu of sureties? Would he be under a duty to aecept~ cash in lieu of sureties if it were offered to him? “4 . If a cash deposit in lieu of sureties is permitted, what procedures should be followed in handling any funds so collected?” There is no statute specifically stating what, type of bond is required in order to release one who has been arrested under a Writ of Attachment for the body of a person, which writ was issued pursuant to an order of a civil court. Under Rule 179, Texas Rules of Civil Procedure, and under certain statutory provisions, Civil Courts can order attachments for the body of a person. Article 6873, Vernon’s - 22 - Honorable Joe Resweber, page 2 (M-7) Civil Statutes, directs each sheriff to execut,e all process and precepts directed to him by legal aut,hority, and make ret,urn thereof to t,he proper court. Failure to do so makes the sheriff liable to be fined by the court as for a contempt. There being no specific statute which controls this case, the Sheriff can accept a personal bond of the arrested person if the order of the court does not specify or require sureties or other security. In the absence of specific instructions to the contrary by the court issuing the attachment, the sheriff can require such security as he deems necessary to insure the appearance of the person giving the bond. In answer to your last question, the sheriff accepting a bond with a cash deposit in lieu of sureties should note such fact on the bond and give the arrested person a receipt therefor and then turn the executed bond and money over to the registry of the court. SUMMARY When a shertff arrests a oerson under a writ of attachment, issued outof a civil coupt, in accordance with Rule 179, Texas Rules of Civil Pro- cedure, In his discretion, he may accept a personal bond of the arrested person, if the or~der of the court does not specify or require sureties or other security. The sheriff accepting a bond with a cash deposit for security should return the executed bond together with the cash deposit to the court from which the attachment issued. y truly yours, Prepared by Gilbert J. Pena Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman W. V. Geppert, Co-Chairman Douglas Chilton Monroe Clayton Malcolm Quick Milton Richardson STAFF LEGAL ASSISTANT A. J. Carubbi, Jr. - 23 -