THEATTORNEYGENERAL
OFTEXAS
December 13, 1950
Hon. John Dowdy oplnlon Ho. v-1131e
Mstrict Attorney
Athens, Texas Rer Right of a Justice of
the Peace to a fee for
Dear Mr. Dowdy% Issuing capias pro fine.
Reference Is made to your request for an opln-
ion concerning the right of Justices of the Peace to col-
lect a fee of seventy-five cents for the issuance of a
caplas pro fine over and above the fee provided in Artl-
cle 1052, Vernon’s Code of Criminal Procedure, to be
paid to such Justices for criminal actions tried and fl-
nally disposed of before them.
The pertinent portion of Article 1052, V.C.C.P.,
provides:
%ro Dollars and Fifty Cents ($2.50)
shall be paid to the Justice of the Peace
for each criminal action tried and finally4
disposed of before him. Provided, however,
that in all counties having a population of
twenty thousand (20,000) or less the Justice
of the Peace shall receive a trial fee of
Three Dollars ($3)."
In Attorney General’s Opinion O-4924 (W&2),
referring to fees payable to Justices of the Peace, it
is stated:
* . the . a Justice is entitled
to be paid by the co&g the full fee as
provided by Article 1052, V.A.C.C.P., for
each criminal action tried and finally diS-
posed of by him, o o .”
The following rule is stated in 34 Tex. Jur.
508, Public Officers, Sec. 105:
‘Statutes prescribing fees for public
officers are strictly construed; and hence
a right to fees may not rest in implication.’
Hon. John Dowdy, page 2 (V-1131)
Article 1064, V&X .P., referred to by you,
providing a fee of seventy-five cents for the issuance
of a caplas by clerks of the district and county courts,
makes no mention of such payment to Justices of the
Peace and, therefore, no payment can be made thereun-
der to such officials. In our opinion the doctrine
‘express10 unius est excluslo alterlus” applies In
this Instance, slgnlfylng that the express mention or
enumeration of one person, thing, consequence or class
Is tantamount to an express exclusion of all others.
39 Tex. Jw?. 188, 189, Statutes, Sec. 100.
You also refer to Article 918, V.C.C.P., which
provides:
“If the defendant be not in custody
when judgment is rendered, or If he escapes
from custody thereafter, a caplas shall ls-
sue for his arrest and confinement In jail
until he is legally discharged.*
Ro mention Is made in this article of the payment of a
fee for the issuance of a caplas and, therefore, no fee
can be paid by virtue thereof.
In view of the foregoing, we agree with you
that a J,ustlce of the Peace Is not entitled to a fee for
the Issuance of a caplas pro fine. Payment of a fee to
such an official In criminal actions is controlled by
Article 1052, V.C.C.P.
A Justice of the Peace Is entitled to the
fee provided under Artlole 1052, V.C.C.P., for
criminal cases tried and finally disposed of
before him, but ls not entitled to an addltion-
al fee for each caplas pro fine Issued by him.
APPROVRD: Yours very truly,
J. C. Davis, Jr. PRICE IMRIEL
County Affairs Division Attorney General
Everett Hutchlnson
Executive Assistant
BYA Zii%i/S
Charles D. Mathews Lee Thomas
First Assistant Assistant
LTimw
Untitled Texas Attorney General Opinion
Combined Opinion