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THE OF TEXAS

April 6, 1951
Hon. Austin Gueet Opinion lo. V-1165 County Attorney RedRiver County Re: Feea to which aJustice Clarkeville, Texas of the Peace is entitled in connection with holdDear Sir: Ing Inquests.

Your request points out that under Article 1053, V.C.C.P., ajustice of the peace ia entitled to a fee of $10.00 for aninquest on a dead body. Youthen ask the following questions2

%here aJustice of the Peace, during his twelve year tenure of office, held various lnqueats andfiled his claim with the court for a fee of $5.00 which wa8duly paid by the court without knowing the fee to which hewas entitled under the above article, can he nowfile claim for the additional mmof $5.00 for each inquest and be paid for the same? "Where an Inquest Is held on twodead bodies at the sametime occurring from the 881118 cause, is the Justice of the Peace entitled to a fee for each dead body?" Article 1053, V.C.C.P., prior to 1947, provided in part: "Ajustice of the peace shall be entitled, for aninquest on a dead body, including certifying andreturning the proceedings to the proper court, the sum of fi;e dollars, to be paid by the county.

. . .In 1947, this portion of Article 1053wasamendedbyHouse Bill 217, Acts 50th Deg. 1947, ch.369, p.745, to provide:

‘A Justice of the Peace shall be entitled, for anInquest ona dead body, Including certifying andreturning theHon. Austin Guest, page 2 (V-1165)
proceeding to the proper court, the sumof TenDollars ($lO), to be paid by the couu-
‘ty.

. . *a House Bill 217, supra, became effective on June 12, 1947. Therefore, since June 12, 1947, ajustice of the peace has been entitled to a fee of ten dollars for an inquest ona dead body.

It washeld in Attorney GeneralPs Opinion V-936 (1949) that

“The twoyear statute of limitations is applicable to recovery of the balance of delinquent fees due the Mstrict Clerk in a suit against the county, andthe statute of limitations will begin to ruu onthe date the District Clerk collected delinquent fees reported for a previous year.” It is our opinion that the principle of law announced in Attorney General Opinion V-936 (1949) is equally 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 maycollect anadditional five dollars for each inquest held since June 12, 1947for which he received a fee of only $5.00, pr.ovided such fees are not barred by the two-year statute of limitation. In this couuection, wewish to point out that limitation is amatter of affirmative defense which may be waived by the county. Travis County V. Matthews, 255 S.W.2d 691 698 (Tex.Civ.Ap 01950

‘Op. O-5564 (19417; f n.r.e.); e Att‘y Gen. Lstt&er$%~~ to Hon. Jackson S.~Webb, CountyAttorney of Dastrop County, dated Bovember 1, 1949.

Your second question is answered byAttorney 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 services and duties required byArticles 975, 978and 987, hewould be entitled to an inquest fee of $5 (now $10) for each proceeding andin this case a total of $50000 (now$601.Hon. Austin Guest, page 

### 3 (V-1165)

"4. If the justice determined

__ _ that he should hold onejoint lnquest proceeding andBid hold only one inquest proceeding on the SIXdead bodies and certified only oue inquest proceeding, performing the services and duties required byArticles 975, 978 and 987, hewould only be entitled to a fee (now $lO)." aqded.) (Ratter In parenthesis 

### $5

You are advised, therefore, that where one inquest is held by ajustice of the peace on twobodies, 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.) Whereajustice of the'peace has collected only five dollars for Inquests held subsequent to June 12, 1947, hemaycollect an additional five dollars for each of such Inquests provided such fee is not barred by the two-year statute of limitation. 

### (1949) * Att'y Gen. Op. V- 936 Ajustice of the peace is entitled to only one inquest fee of ten dollars for one inquest ontwobodies. Att'y Gen. Op. 

### o-4460(1942). APPROVED: J. C. Davis, Jr. County Affairs Mvision Jesse P. Luton, Jr. Reviewing Assistant Charles D. Blathews First Assistant JR:mw Yours very truly, PRICEDARIEL Attorney General

Bs .+ ~b John Reeves Assistant