,’
THE
OF TEXAS
April 6, 1951
Hon. Austin Gueet Opinion lo. V-1165
County Attorney
Red River County Re: Feea to which a Justice
Clarkeville, Texas of the Peace is entitled
in connection with hold-
Dear Sir: Ing Inquests.
Your request points out that under Article 1053,
V.C.C.P., a justice of the peace ia entitled to a fee of
$10.00 for an inquest on a dead body. You then ask the
following questions2
%here a Justice of the Peace, dur-
ing his twelve year tenure of office, held
various lnqueats and filed his claim with
the court for a fee of $5.00 which wa8 duly
paid by the court without knowing the fee
to which he was entitled under the above
article, can he now file claim for the ad-
ditional mm of $5.00 for each inquest and
be paid for the same?
"Where an Inquest Is held on two dead
bodies at the same time occurring from the
881118cause, is the Justice of the Peace en-
titled to a fee for each dead body?"
Article 1053, V.C.C.P., prior to 1947, provided
in part:
"A justice of the peace shall be en-
titled, for an inquest on a dead body, in-
cluding certifying and returning the
proceedings to the proper court, the sum
of fi;e dollars, to be paid by the county.
. . .
In 1947, this portion of Article 1053 was a-
mended by House Bill 217, Acts 50th Deg. 1947, ch.369,
p.745, to provide:
‘A Justice of the Peace shall be en-
titled, for an Inquest on a dead body,
Including certifying and returning the
Hon. Austin Guest, page 2 (V-1165)
proceeding to the proper court, the sum of
Ten Dollars ($lO), to be paid by the couu-
‘ty. . . *a
House Bill 217, supra, became effective on
June 12, 1947. Therefore, since June 12, 1947, a jus-
tice of the peace has been entitled to a fee of ten
dollars for an inquest on a dead body.
It was held in Attorney GeneralPs Opinion
V-936 (1949) that
“The two year statute of limitations
is applicable to recovery of the balance of
delinquent fees due the Mstrict Clerk in a
suit against the county, and the statute of
limitations will begin to ruu on the date
the District Clerk collected delinquent fees
reported for a previous year.”
It is our opinion that the principle of law an-
nounced in Attorney General Opinion V-936 (1949) is equal-
ly applicable to your request. In answer to your first
question, therefore, it Is our opinion that the justice
of the peace mentioned in your request may collect an ad-
ditional five dollars for each inquest held since June 12,
1947 for which he received a fee of only $5.00, pr.ovided
such fees are not barred by the two-year statute of lim-
itation. In this couuection, we wish to point out that
limitation is a matter of affirmative defense which may
be waived by the county. Travis County V. Matthews, 255
S.W.2d 691 698 (Tex.Civ.Ap 0 1950 f e n.r.e.);
Att ‘y Gen. ‘Op. O-5564 (19417; Lstt&er$%~~ to Hon.
Jackson S.~ Webb, County Attorney of Dastrop County, dated
Bovember 1, 1949.
Your second question is answered by Attorney
General’s Opinion O-4468 (1942), wherein It is stated:
*3. If the justice deterlnined that
he should hold separate inquests over each
of the six dead bodies, and did hold such
six separate inquests performing the serv-
ices and duties required by Articles 975,
978 and 987, he would be entitled to an
inquest fee of $5 (now $10) for each pro-
ceeding and in this case a total of $50000
(now $601.
Hon. Austin Guest, page 3 (V-1165)
"4. If the _justice
_ _ determined that he
should hold one joint lnquest proceeding
and Bid hold only one inquest proceeding on
the SIX dead bodies and certified only oue
inquest proceeding, performing the services
and duties required by Articles 975, 978
and 987, he would only be entitled to a $5
fee (now $lO)." (Ratter In parenthesis
aqded.)
You are advised, therefore, that where one in-
quest is held by a justice of the peace on two bodies,
the justice of the peace is entitled to only one inquest
fee of ten dollars.
Since June 12, 1947, justices of the
peace have been entitled to a fee of ten
dollars for each inquest held. (Art. 1053,
V.C.C.P., as amended.) Where a justice of
the'peace has collected only five dollars
for Inquests held subsequent to June 12,
1947, he may collect an additional five
dollars for each of such Inquests provided
such fee is not barred by the two-year stat-
ute of limitation. Att'y Gen. Op. V- 936
(1949)* A justice of the peace is entitled
to only one inquest fee of ten dollars for
one inquest on two bodies. Att'y Gen. Op.
o-4460 (1942).
APPROVED: Yours very truly,
J. C. Davis, Jr. PRICE DARIEL
County Affairs Mvision Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
Bs ~b
Charles D. Blathews .+ John Reeves
First Assistant Assistant
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