Texas Attorney General Opinion: V-1094 Page: 2 of 4
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. Geo. W. Cox, M.D., page 2 (V-1094) (
the crematory shall demand and be fur-
nished with a certificate signed by the
Justice of the Peace of the justice pre-
cinct in which the death occurred shoving
that an autopsy was performed on said body
or that no autopsy thereon was necessary.
No autopsy shall be required by the Jus-
tice of the Peace as a prerequisite to
cremation in case death was caused by the
pestilential diseases of Asiatic cholera,
bubonic plague, typhus fever, or mnallpox,
named in Rule 77, Sanitary Code of Texas,
Article 4477, Revised Civil Statutes of
Texas, 1925. All certificates furnished
the owner or operator of a crematory by
any Justice of the Peace, under the terms
of this Act, shall be preserved by such
owner or operator of such crematory for a
period of two (2) years from the date of
the cremation of said body."
It must be admitted that this statute is not
free from ambiguity.
It is stated in Texarkana & Ft. S. Ry. v.
Houston Gas & Fuel Co.. 121 Tex, 594, 60, 51 S.-2d
2b4, 287 (1932):
"In construing statutes enacted di-
rectly by the Legislature it is the duty
of the court to look to the entire act,
including the caption, the body of-the
act, and even the emergency clause, to
determine the legislative intent. When
the legislative intent is once determin-
ed it is the law."
In Hidalgo County Drainage Dist.No.1 v. David-
son, 102 Tex. 539, 53, 120 S.W. 19, 851 (1909), it is
stated at page 851:
"In determining the sense in which
the language was used by the Legislature,
we vill look to context and to the purpose
of the Legislature in enacting the law."
Also, in Lonoria v. State, 126 Tex. Crim. 362,
363, 71 S.W.2d 268, 269 (19#J, we find the following:
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1094, text, August 22, 1950; (https://texashistory.unt.edu/ark:/67531/metapth265912/m1/2/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.