Honorable R. E. Beasley 

County Auditor 

Collin county 

McKlnney, Texas 

Dear sir: Opinion Xumber O-4466 

Rer Justice of the Peace - Inquests-- 

Pees of offiaa. 

Your request for opinion has been received and carefully considered by this department. He quote from your request PS follows: 

"Your answer to the following quertions will 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 Justiceof Peace, Preoinot No. 1 be entitled to the fee, since 

he was in Justios Pmoinot No. ST 

"(b) All, ssimingly, died in the same manner; should he tax P fee for 

saoh, or would he bs allowed only one fee?" 

Article 966, Vernon's Annotated Tex'as Cods of Criminal Procedure, 

provides1 

"Any justioe of the peace shell be authorized, and it shall be his duty, 

to hold inquests without P jury within his county, in the following cases~ 

"1. liben P 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 in the 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 circumstances of 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 follows8 
Honorable R. E. Beasley, Page 2 (O-4466) 

"Witnesses shall be sworn and exsunined by the justice and their testimony 

reduced to writing by or under his direction, and subscribed by them." 

Artiole 976, V.A.C.C.P. reads as follows: 

"The justice shall keep a book in which he shall make P minute of all the 

proceedings relating to every inquest held by him. Suchminute shall set 

forth: 

"1. The nature of the information given the justice, and by 

whom given, unless he acts upon facts within his own knowledge. 

"2. The time and place, wh@n and where, 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 is made of a suspected person before inquest 

held, the n~me of the person and the fact of his arrest, as well as sverything material which relates thereto, shall be noted." 

Article 987, V.A.C.C.P. reads as follows, 

'The justice holding an inquest shall certify to 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 connected withthe inquest, shall seal up 

such envelope and without delay deliver it properly endorsed to the clerk of 

the district court, whho shall safely keep 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 shall be entitled, for an inquest on a dead body, 

including certifying and 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 shall pay the 

inquest fees allowed by law of all officers, upon the approval of the accounty therefor by the ccmmissioners court of the county inwhich the inquest may be held and the superintendent of penitentiaries." 

Article 1054, V.A.C.C.P. provides: 

"Any officer claiming pay for services mentionedin the preceding article shall 

present to the cc--'-qioners court 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 correct the 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 county clerk." 
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 into the death of any person-;:ithin h;c county. 

He thus hao the authority and is charged with 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 investigation conducted to ferret out information relative to those who have met violant, unnatural, or prison 

deaths, and, if death by criminal agency is established, to secure legal 

evidence ae a foundation for a criminal prosecution of the guilty. See 

the following oaeesl 

~oeime v. 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 Pierson v. Galveston County, the court adopts the 

following language from 13 Am. Jur., p* 1081 

"It ir neoeamary for a ooroner to determine whether a statute contemplator 

the holding of an inqueet in a partioular caee. . . . Generally speaking, 

the determination of 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 department holde that a justioe of the 

peaor may legally hold 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 rrspeotfully advised that It ir the opinion of thir depart1. Thr jurtioe of the peaoe had authority to hold inquerte amhere in hi# 

oounty, either in or oufsidr of hir own preoinot. 

2, Before the juetior would be mtltled to an inquert fee la any oaae he 

would have to perfbnn the rrrviorr outlined in Artiole 976, errearing witnrmwr and rrduoing their worn statements to writing) 978, t keeping the 

inquest records and minutre In the manner required by said ktiole 

(oertlfying the prooredingr in the manner required by arid Artlole 
Honorable R. E. Paaaley, Page 4 (O-4488) 

3. If the justice determined that he should hold seprate inquests over 

saoh of the six dead bodies, and did hold suoh six separate inquests performing the ssrviosr and duties required by Articles 976, 978 and 987, 

he would be entitled,to an inquest fee of $6 for each proceeding and in 

thia ease P total of $30. 

4. If the justice determined that he should hold one joint inquest proceeding and did hold only one inqus& prooeeding on the six dead bodies and 

certified only one inquest proooeding, performing the services and dut$r* 

reouired by Articlss 975, 978 and 987 he would only be entitled to (5 ~. 

fee. 

Very truly yours 

&TTORHEY GEIWERAL OF TEXAS 

By /a/W. J. Fanning 

W. J. Fanning 

Assistant 

APPRO'iEo ARP 29, 1942 

/s/GROVER SELLERS 

FIRST ASSISTANT 

ATTORNEY GHIER4L 

PVJF:IM:egw Approved 

Opinion Committee 

ByBWB 

Chaiman