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 authority 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 department 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 holding the inquest? 

‘My opinion quoted Articles 1053 and 1054 CCP as follows: 

“Art. 1053: A justice of the peace shall be entitled, for an inquest 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 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 to whether or not 

the above is correct.” 

Article 968, Vernon’s Annotated Code of Criminal Procedure, provides: 

“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 unnatural 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 circumstances 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, provides : 

‘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 penitentiaries.” 

Article 1054, Vernon’s Annotated Code of Criminal Procedure, provides : 

“Any officer claiming pay for services mentioned in the preceding 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 ‘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, 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