AUSTIN H.TExAR
Honorable Campbell K. Ford
County Attorney
San Saba County
San Saba, Texas
Dear Sir: ,Opinion No, O-4396
Re: Does a Justice of the Peace
in Precinct No. 1 have the au-
thority to go into Precinct
No. 2 where there is an active
-Justice of the Peace and hold
an inquest and receive a fee
therefor under the facts stated ?
Your letter of February 5, 1942, requesting the opinion of this de-
partment on the above stated question reads as follows:
: ‘The Commissioners’ Court of this county have instructed me
to ask you the following question:
“Does ‘A’ as Justice of the Peace for Pre. 1 of this cbunty have
the authority to go into Prc. 2 where there is an active Justice of the
Peace to hold an inquest?
‘“My opinion to them quoted Article 968 CCP as follows: ‘Any
justice of the peace shall authorized, and it shall be his duty, to hold
inquest without a jury within his county, ****.
“If ‘A’ does have this authority is he entitled to the fee for hold-
ing the inquest?
‘My opinion quoted Articles 1053 and 1054 CCP as follows:
“Art. 1053: A justice of the peace shall be entitled, for an in-
quest on a dead body, ****, the sum of five dollars, to be paid by the
county.
“Art. 1054: Any officer claiming pay for services mentioned
in the preceding article shall present to the commissioners court of
the county, at a regular term of such court, an account therefor,
verified by affidavit of such claimant. If such account be found cor-
rect, the court shall order a draft to issue upon the county treasurer
in favor of such claimant for the amount due him. ***
Honorable Campbell K. Ford, Page 2, O-4396
‘I would appreciate an immediate reply as to whether or not
the above is correct.”
Article 968, Vernon’s Annotated Code of Criminal Procedure, pro-
vides:
“Any justice of the peace shall be authorized, and it shall be
his duty, to hold inquests without a jury within his county, in the
following cases:
“1. When a person dies in prison.
‘2. When any person is killed, or from any cause dies an un-
natural death, except under sentence of the law, or in the absence of
one or more good witnesses.
y3. When the body of a human being is found, and the circum-
stances of his death are unknown,.
“4. When the circumstances of the death of any person are such
as to lead to suspicion that he came to his death by unlawful means.”
Article 1053, Vernon’s Annotated Code of Criminal Procedure, pro-
vides :
‘A justice of the peace shall be entitled, for an inquest on a
dead body, including certifying and returning the proceeding to the
pIoper court, the sum of five dollars, to be paid by the county. When
an inquest is held over the dead body of a State penitentiary convict,
the State shall pay the inquest fees allowed by law of all officers, upon
the approval of the account therefor by the commissioners court of the
county in Which the inquest may be held and the superintendent of peni-
tentiaries.”
Article 1054, Vernon’s Annotated Code of Criminal Procedure, pro-
vides :
“Any officer claiming pay for services mentioned in the pre-
ceding article shall present to the commissiot’+ers court of the county,
at a regular term of suchcourt, an account therefor, verified by the
affidavit of such claimant. If such account be found correct, the court
shall order a draft to issue upon the county treasurer in favor of such
Honorable Campbell K. Ford, Page 3, O-4396
claimant for the amount due him. Such account shall be filed and kept
in the office of the county clerk.”
It is stated in Texas Jurisprudence, Volume 26, ,page 797:
“A I‘ustice is authorized and it is his duty in certain enum-
erated circumstances to hold inquests into the death,of any person
within his county. He thus has the authority, and is charged with
the duty, of a coroner at common law. . . .*
In view of the foregoing authorities, we respectfully answer the above
stated question in the affirmative.
Yours very truly
ATTORNEY GENERAL OF TEXAS
Bv
Ardell Williams
Assistant
FIRST ASSISTANT
ATTORNEY GENERAL
AW:GO APPROVED
OPINION
COM ITTEE
By/j%@
Chairman