Opinion No. Oag 43-79, (1979)

RICHARD L. HAMILTON, Corporation Counsel Outagamie County

You have requested my opinion as to whether the word "shall" contained in sec. 851.74 (3), Stats., which was created by ch. 449, Laws of 1977, limits the authority of the register in probate to make payments to the county treasurer to one a month on the first Monday of the month.

In my opinion the answer is no.

You state that the question has arisen because the auditors for Outagamie County, in their commentary section of the 1977 audit, suggested that the register in probate should deposit her receipts with the county treasurer at least…