### 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 ofthe Peace in Precinct No. 1have the authority to go into Precinct No. 2where there is an active -Justice ofthe Peace and hold an inquest and receive a fee therefor under the facts stated ? Your letter ofFebruary 5, 1942, requesting the opinion ofthis department onthe above stated question reads as follows:
: ‘The Commissioners’ Court ofthis county have instructed me to ask you the following question: “Does ‘A’ as Justice ofthe Peace for Pre. 1ofthis cbunty have the authority to go into Prc. 2where there is an active Justice ofthe 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 ajury within his county, ****. “If ‘A’ does have this authority is he entitled to the fee for holding the inquest?

‘My opinion quoted Articles 1053 and 1054CCP as follows: “Art. 1053: A justice ofthe peace shall be entitled, for an inquest onadead body,  , thesum 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 correct, 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 towhether or not the above is correct.” Article 968, Vernon’s Annotated Code ofCriminal Procedure, provides: “Any justice ofthe peace shall be authorized, and it shall be his duty, tohold inquests without a jury within his county, inthe following cases: “1. When a person dies in prison.

‘2. When any person is killed, or from any cause dies an unnatural death, except under sentence ofthe law, or in the absence of one or more good witnesses. y3. When the body ofa human being is found, and the circumstances ofhis death are unknown,. “4. When the circumstances ofthe death ofany person are such as to lead to suspicion that he came to his death by unlawful means.” Article 1053, Vernon’s Annotated Code ofCriminal Procedure, provides :

‘A justice ofthe peace shall be entitled, for an inquest ona dead body, including certifying and returning the proceeding to the pIoper court, the sum offive dollars, tobe paid by the county. When an inquest is held over the dead body ofa State penitentiary convict, the State shall pay the inquest fees allowed by law of all officers, upon the approval ofthe account therefor by the commissioners court ofthe county in Which the inquest may be held and the superintendent ofpenitentiaries.” Article 1054, Vernon’s Annotated Code ofCriminal Procedure, provides : “Any officer claiming pay for services mentioned inthe preceding article shall present tothe 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 suchHonorable Campbell K. Ford, Page 3, O-4396

claimant for the amount due him. Such account shall be filed and kept in the office ofthe county clerk.” It is stated in Texas Jurisprudence, Volume 26, ,page 797: “A ‘ustice is authorized and it is his duty in certain enum- I 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, ofa coroner at common law.
. . .* In view ofthe 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