HonorableR. E. Beasley CountyAuditor Collin county McKlnney, Texas Dear sir: Opinion Xumber O-4466 Rer Justice of the Peace - Inquests-- Pees of offiaa. Your request for opinionhas been received and carefullyconsidered by this department. He quote from your request PS follows: "Your answer to the followingquertionswill be highly appreciated: "Recently the Justiae of the Peace, Precinot No. 1 held inquest in Justias Precinct No. 5 over the dead bodies of six negross, supposedly burned to death in their home. Question; "(a)mbuld JusticeofPeace, PreoinotNo. 1 be entitled to the fee, since he was in Justios Pmoinot No. ST "(b)All, ssimingly,died in the samemanner; should he tax P fee for saoh, or would he bs allowed only one fee?" Article 966,Vernon'sAnnotated Tex'as Cods of CriminalProcedure, provides1 "Any justioe of the peace shell be authorized,and it shall be his duty, to hold inquestswithout P jurywithin his county, in the following cases~

"1. libenP person diea in prison, "2. When any psrsbn is killed, or from any OPUSO dies an unnatural death, exoept under sentence of the law, or inthe absence of one or more good witnesses. "3. When the body of P human being is found, and the oircumotanoea of his death are unknown. L4. When the circumstancesof the death of any person are such as to lead to suspicion that he came to his death by unlawful m.e.nP." Article 975,Vernon's Annotated Cods of Criminal Prooedure of Texas, reads 88 follows8Honorable R. E. Beasley, Page 2 (O-4466)

"Witnesses shallbe sworn and exsunined by the justice and their testimony reducedto writing by or under his direction, and subscribedby them."

Artiole 976,V.A.C.C.P. reads as follows: "The justice shall keep a book in which he shallmake P minute of all the proceedings relating to every inquestheld by him. Suchminute shall set forth: "1. The nature of the information given the justice,and by whom given, unless he acts upon factswithin his own knowledge.

"2. The time and place,wh@n andwhere, the inquest is held. "3. The name of the deceased, if knovm, or if not known, as accurate P description of him a8 can be given.

"4. The finding by the justice at the inquest. "5. If any arrest ismade of a suspectedperson before inquest held, the n~me of the person and the fact of his arrest, as well as sverythingmaterial which relates thereto, shallbe noted."

Article 987,V.A.C.C.P. reads as follows, 'The justiceholding an inquest shall certifyto the proceedings, and shall enclose in an envelope the testimorry taken, the finding of the justice, the bail bonds, if any, and all other papers connectedwiththe inquest, shall seal up such envelope and without delay deliver it properly endorsed to the clerk of the district court,whhoshall safelykeep the same in his office subject to the order of the court."

Article 1053,V.Q.C.C.P. provides8 “A justice of the peace shallbe entitled, for an inquest on a dead body, including certifyingand returning the proceeding to the proper court, the sum of five dollars, to be paid by the county. Xhen an inquest is held over the dead body of a State penitentiary convict,the State shallpay the inquest fees allowed by law of all officers, upon the approval of the accounty thereforby the ccmmissionerscourt of the county inwhich the inquestmay be held and the superintendentof penitentiaries."

Article 1054,V.A.C.C.P. provides: "Any officer claimingpay for servicesmentionedin the precedingarticle shall present to the cc--'-qionerscourt of the county, at a regular term of such court, an account'therefor,verified by the affidavit of such claimant. If such account be found correctthe court shall order a draft to issue upon the county treasurer in favor of the claimant for the amount due him. Such account shall be filed and kept in the office of the countyclerk."Honorable R. E. Beasley, Page 3 (O-4468)

We quote from 26 Texas Jurisprudence,page 797, ae follows: "A justioe is authorized and it ie his duty in certain onuncrated circastanoos to hold inquests intothe death of any person-;:ithin h;c county. He thus hao the authority and is chargedwith the duty, or a coroner at oannmn law . . .*

The office of an inquest oannot be disputed. Its nature and object is that of a preliminary investigationconducted to ferret out in

### formation relativeto those who havemet violant, unnatural, orprison deaths, and, if death by criminal agency is established,to secure legal evidence ae a foundation for a criminalprosecutionof the guilty. See the following oaeesl ~oeimev. Woodnm of the *brld, 98 Tax. 376, 84 S.W. 4221 Gray v. State, 55 Cr. 'R.90, 114 6.W. 642, 22 L.R.A. (N. S.) 513; Aetna Life Inc. Co. v. Lane, 152 Tax. 280, 121.5?7& (Zd) 986~ Pierson V. Glaveaton Co., (C.App.) 131 5.X (2d) 27; 6 R.C.L. 1168~ 32 C.J., p. 678.

In the oaee of Piersonv. Galveston County,the court adopts the following language from 13 Am. Jur., p* 1081 "It ir neoeamary for a 

### ooroner to determinewhether a statute contemplator the holding of an inqueet in a partioular caee. . . . Generally speaking, the determinationof the wuertion qhether an Inquest shall be held rests, within oertain limitations, in the sound diroretion of the coroner."



### Opinion No. O-4396 of thlr departmentholde that a justioe of the peaormay legallyhold an inquert anywhere in hia oounty, regardlera of whether it 

### in in his own justloe precinot or not and receive a fee therefor under the faots stated in said opinion. We enclose herewith a copy 

### of said opinion 

### for your informtion.

You 

### we rrspeotfullyadvised that It ir the opinion of thir depart1. Thr jurtioe of the peaoe had authorityto hold inquerte amhere in hi# oounty, either in or oufsidr of hir own preoinot. 2, Before the juetiorwould be mtltled to an inquertfee la 

### any oaae he would have to perfbnn the rrrviorroutlined in Artiole 976, errearingwitnrmwr and rrduoing their worn statementsto writing) 978, t keeping the inquest records andminutre In themanner requiredby saidktiole (oertlfyingthe prooredingr in themanner required by aridArtloleHonorableR. E. Paaaley,Page 4 (O-4488)

3. If the justicedetermined that he shouldhold seprate inquestsover saoh of the six dead bodies, and did hold suoh six separate inquests performing the ssrviosr and duties requiredby Articles 976, 978 and 987, he would be entitled,toan inquest fee of $6 for each proceeding and in thia ease P total of $30. 4. If the justice determined that he shouldhold one joint inquest proceeding and did hold only one inqus& prooeeding on the six deadbodies and certified only one inquestproooeding,performingthe servicesand dut$r* reouiredby Articlss 975, 978 and 987 he would only be entitled to (5 ~. fee. Very trulyyours &TTORHEY GEIWERAL



### OF TEXAS By /a/W. J. Fanning W. J. Fanning Assistant APPRO'iEo

ARP 29, 1942 /s/GROVER SELLERS FIRSTASSISTANT ATTORNEY GHIER4L PVJF:IM:egw Approved Opinion Committee ByBWB Chaiman