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Hon. C. Woodrow Laughlin Opinion No. 0-5606 

County Attorney Re: Whether a justice of the peace 

Jim Wells County must qualify as a notary public unAlice, Texas der Article 59&9, Vernon’s Annotated 

Civil Statutes, before he is authorized to take acknowledgments in the 

Dear Sir: State of Texas. 

Your letter of November 3, 1943, requesting the opinion 

of this department on the question stated therein, reads, in 

part, as follows: 

“I submit herewith for your opinion the following question; to-wit:: 

“Does Article 5949, Revised Civil Statutes of 

Texas, as amended 1943, repeal Article 2376, Revised 

Civil Statutes of Texas? In other words, must a 

justice of the peace qualify as a notary public before he is authorized to take acknowledgments in 

this State? 

“Article 2376, Revised Civil Statutes of Texas, 

1925, provides that ‘Each justice of the peace shall 

be commissioned as justice of the peace of his precinct and ex-officio notary public of his countyi’ 

In the footnote following Article 5’949, as amended 

1943, the following language is used. ‘Section 2 of 

the Amendatory Act of 1943 repealed Articles 5950- 

5953 and all conflicting laws and parts of laws.’ 

“In view of the above and foregoing clauses, it 

is the opinion of this office that subsequent to May 

12, 1943, a justice of the peace must qualify as any 

other notary public and that unless he has qualified 

as provided in Article 5949 as amended, he does not’ 

have the authority to take acknowledgements in this 

State .I1 

Section 19, Article 5 of the State Constitution, provides, in part, as followsr 

‘I*** All the justices of the peace shall be exofficio notaries public.*, * *I,’ 
Hon. C. Moodrow Laughlin, page 2 (O-5606) 

bticle 2376, Vernon’s Annotated Civil Statutes, provide s : 

“‘Bach justice of the peace shall be commissioned 

as justice of the peace of his precinct and exofficio notary public of his county.” 

Senate Bill No. 335, Acts of the 48th Legislature, 

Regular Session, 1943, is a comprehensive act authorizing the 

appointment of notaries public, providing the qualifications of 

notaries public, requiring bond and setting forth said duties 

of notaries public, 

Public Act of 1943.” 

etc., and known and cited as the “Notary 

Section 2 of said Act expressly provides: 

“Articles 5950 5951, 5952 and 5953, Vernon’s 

Civil Statutes of 1425 being Acts of 1881, page 84, 

Sections 12, 13, 14 and 2, respectively, are hereby 

expressly repealed, and all of the laws or parts of 

laws in conflict herewith are hereby repealed.” 

It is our opinion that said Senate Bill No. 335 does 

not repeal Article 2376, Vernon’s Annotated Civil Statutes. It 

is our further opinion, and you are so advised, that a justice 

of the peace is not, under the law, required to also take the 

oath and give the bond required of notaries public. 

In Conference Opinion No. 1333, this department held 

(December 7, 1914) that a justice of the peace is not required to 

also take the oath and give the bond required of notaries public. 

On January 30, 1915, In another Conference Opinion 

reported in Attorney General’s Opinions, Vol. 43, page 18, it was 

held, among other things: 

‘I*** In a former opinion rendered by this 

department in discussing the constitutional provision and the various statutory enactments relative 

to the justice of the peace, it was held that it 

was not necessary for a justice of the peace to 

subscribe to the oath and execute the bond required 

of a notary public, This opinion is based upon the 

reason that a justice of the peace may exercise all 

the powers of a notary public under the statutes by 

reason of his qualification as justice of the peace, 

and that the powers of a notary public are conferred 

upon him by reason of his office. ***I’ 

On May 12, 1915, this department held in a Conference 

OMnion, reported in the Report and Opinions of the Attorney 

General of Texas, 1914-1916, page 505: 
Hon. C. Woodrow Laughlin, page 3 (O-5606) 

I#*** A justice of the peace is not, under 

the law required to also take the oath and give 

the bond~required of notaries public. Under the 

Constitution a justice of the peace is entitled 

to hold the office of notary public ex-officio, 

or, without any other warrant or appointment than 

that resulting from the holding of the office of 

justice of the peace. ***‘I 

Former statutes of this State required the justice 

of the peace as ex-officio notary public of his county to take 

the oath of office prescribed by the Constitution and give the 

bond elsewhere prescribed for notaries public. (See Article 

1535 R-S., 1879; Article 1564, R.S., 1.895; Art. 2287, R.S. 

19113 However, it will be noted that the present statute, 

Article 2376, supra, does not require a justice of the peace 

to take the oath or execute a bond as was required by the foresgoing statutes. 

As heretofore stated, it is our opinion, that Senate 

Bill No. 335, supra, does not change or alter the law relative 

to justices of the peace who are also ex-officio notaries public 

of their counties. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By /s/ Ardell Williams 

Ardell Williams, Assistant 

#PROVED NOV 10, 1943 

/s/ Grover Sellers 

FIRST ASSIST ANT 

ATTORNEY GENERAL 

APPROVED: OPINION COMMITTEE 

BY: BWB, CHAIRMAN 

AW:EP:wb