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 thtit he 

tc be p%fB'Qut OS 

owaty by the oounty 

ertifiaato of the olerk 

h sudi semfoe is renderArticle 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 a 
3% R, V. Rayford, t:ay 29, 1939, Fage 2 

bay that he emy attend as 8uah juror, to 

be paid out of the jury fund of the oounty 

in which he c?uy so eerv4. mrbre ‘in justioe uourts who aerve in the trial or orlmlnal oases in such oourts shall reoelve 

fifty cents In eaoh oase they sit ra jurors, 

provided thnt no Juror la ouch eourt shall 

receive xore than One dollar for esoh day 

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 of food and lodging for jurors 

bpeneled in a folouy ease, but no 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 providing suitable 

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 crimainal oases the jurors 8x0 not 

allowed to separate but am confined end kept 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 contrary has been held in a numhor 

of aaee6, nctc:ithstanding the jurors where reooiving 

a per disn allowance. The pound for these oplnlon~ 

is that r juror ehculd not be reCui?ed to ray his own 
Mr. 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 

crourt ehould 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 ncnv have 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 ellcraed by Artfiales 2222 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.hat a 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]~onnible in the first plaoe 

for all expense inaurred by the sheriff in providing: 

suitable food end lodEIn for the jurcr, not to exoeed 

two dollerrs e day. Artiole 1038 end hrtlale 1039 do not 

provide for axtm compensation or ccmr-ensation in addition 

to the compensation allowed by Artlole 2122 an8 krtlcle 

1056 auy?re., but merely provide thet the county &lmll be 

lie?& for t-lx ex:-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,,lWy 23, 1939, Fage 4 

Tou ar8 reSpectfully advlsea that it Is 

the opinion of this department that the oounty oannot 

pay for the mealo of jurars who era In the oustoay a? 

the sheriff in addition to the three dollar8 per day 

allowed by larandtbatno extre or other compermatlon 

can be pald exoept the three dollars per day a8 alloueU by Artlales 2l.22 and 10&L 

Trusting that the fox@olng emuers your inquiry, we remain 

Very truly your8 

ATlORtEY tIXlWRhL OF ‘i53LLS