OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

**May 29,**  **1959**

Mr. R. V. Rey?ord County I?uUftor &w&i county HenUor8cPcn,

Texm

0

ar day end pay in 

### addition?

gwnticn ho0 bsn a (5~the aboo stated

distriot o@ oounty tJlrQ8 dcinars of a day thtithe tc be p%fB'Qut OS owaty by the oounty ertifiaato of the olerk h sudi semfoe is render**Article 2056,**  **Code** of Crlzinal Pmcredure, reeds as fcllcwr;:

**“Ka& Juror**  **in the**  AI&riot or criximl distriat oourt, county court, or county oourt et lnw, excs~t cpm.al v6nlrcras!l nhosa J?ay is now f!xsQ by law, Sh?d1 reoeive three dolLnrr fcr each 6ep md for ehoh fmation of a3% R, **V.** Rayford, t:ay29, 1939, Fage 2

**bay that**  **he** emy attend as 

### 8uahjuror,to be paid out of the jury fund of **the oounty**  inwhich he **c?uy so**  eerv4. **mrbre ‘** **in jus**  tioe uourts who aerve in the 

### trial

### or orlmlnal oases in such oourts shall reoelve 

### fiftycentsIn eaoh oase they sit ra jurors, provided thnt no Juror la ouch eourt shall receive xore than One dollar for 

### esohday or fraotlon of a day he may 48174 as suob Juror. Crsnd jurors shall ewb receive three dollara for each day and for eaoh fraotlon of a day that they may aeRa as 8uoh.e
Artlale 1038, Code of Criminal 

### Procedure, reacl a as follows:
*Each oounty shall be liable fox the expense 

### offoodandlodgingfor jurors bpeneled ina folouyease,butno sortpt **shall** be issued or money 

### pltl to the 

### jurors whose expenses are so 

### paid.”
Artlcls 1039, Code of Crixlnel !-'rooedure,provides:
"A juror may pay his own expenses and draw hio suript; but the county in responsible in the first place for all 8xpenne incurrsd.by tha sheriff in 

### providingsuitable food nnd lod@nE; for the jury, not to sxoeed tm dollars a day.* Coqensetion for service as a juror Is not a ocmcon law rl#tt, **but** ia purely statutory, and in the abeence of statute oom>enaatfon cannot be r8covered. 'r;hare Bn the trial of crimainaloases the jurors 8x0 not allowed to separate 

### butam confinedendkept 

### together, It has been hold thnt the expenses of their board and lodein~ during such coniinement ounnot, in the absence of statute, be char&cd eltheraeainst the'state or the 

### county;hmover, the 

### contraryhasbeenheldinanumhor of aaee6, nctc:ithstandingthe jurors where reooiving a per disn allowance. The pound for these oplnlon~ is that r juror ehculd not be reCui?ed to ray his ownMr. R. V. Rayfor& Yay 29, 1939, Yagc 3

expenses exoept when he in left free to seleot his mode of livlng~:, end that where by the exi~enciss of the ease he IO deprived of this privilege and canpelled to live at the dioaretion of the 

### aoui-t, such expense becomes lnaidental to the administration of justice, and liks other incidental expenses of the crourtehould he aharged egeinst the aounty. Bates vs. Independent County, 23 Ark. 722; Stows11 vs. Jaak8on County, 56 Eloh. 31; Lyaaniw County vs. Hoa, Pa. 7, 290; C. 7.. Vol. 35, p. 312.

Ke have been unable to rind any Teras asses where the question we ncnvhave uuder oonai6erution has been **pe88ed** upon by the courts. Flowever,a8 above steted, the ruht of oompenzetion for ssrvlae a8 a jUXW iS FIWely 8tStUtOI‘y.

.Qticles 1038 and 1939, supra, do not provide for cmpenoation in addition to the ooxpensetion provided for and ellcraedby Artfiales2222 and 1056, sure. Artlale 1038, Code of Criminal 

### w0e0auhe, supra, speairiaally provides thnt no script shall he issued or xonep paid tx~the jurors whose expenses are paid by the county, and Artiale 1039, Code of Criminal Proacdura, sizpra, ymvidea t.hata juror may pay hi8 own erpenaes and draw his script.



### U’nCer the above nentloned statutes, we think that in tho event a juror #as not able to pey for his meals, the county would be res]~onniblein the first plaoe for all expense inaurred by the sheriff in providing: suitable food end lodEIn for the jurcr, not to exoeed two dollerrse day. Artiole 1038 end hrtlale 1039 do not provide for axtm compensation or ccmr-ensationin addition to the compensation allowed by Artlole 2122 an8 krtlcle 1056 auy?re.,

but merely provide thet the county &lmll be lie?& for t-lxex:-e& of food and lodging for jWor8 inpaneled in 5 felony 05s~ and when such expenses are psld no ncript shnll be issued or nnney paid to the juror when the county peya euah ex~zenoes.

### Pr. R. Il. Rayford,,lWy23, 1939,Fage 4

Tou ar8 reSpectfullyadvlseathat it Is the

### opinionof this departmentthat the oountyoannot pay for 

### themealo of jurarswho era In the 

### oustoaya? the sheriffin additionto the three dollar8per day allowedby larandtbatno extreorother compermatlon canbe pald exoeptthe three dollarsper daya8 alloueU by 

### Artlales2l.22 and 10&L Trusting thatthe fox@olng emuers your inquiry,we remain 

### Verytrulyyour8
ATlORtEY tIXlWRhL OF ‘i53LLS