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Hon. C. WoodrowLaughlin Opinion No. 0-5606 County Attorney Re: Whether ajustice of the peace JimWells County must qualify as anotary 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 anotary 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 ‘Section 2 of the Amendatory Act of 1943 repealed Articles 5950- 5953 and all conflicting laws andparts of laws.’

“In view of the above and foregoing clauses, it is the opinion of this office that subsequent to May 12, 1943, ajustice of the peace must qualify as any other notary public andthat 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. MoodrowLaughlin, page 2 (O-5606)

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

“‘Bachjustice 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 knownand cited as the “Notary Section 2 of said Act expressly provides:

“Articles 

### 5950 5951,5952and 

### 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### 1881,page 84, Sections 12, 13, 14 and 2, respectively, are hereby expressly repealed, and all of the laws or parts of laws in conflict herewith are hereby repealed.”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, andyou are so advised, that ajustice 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 ajustice of the peace is not required to also take the oath and give the bond required of notaries public.

OnJanuary 30, 1915, In another Conference Opinion reported in Attorney General’s Opinions, Vol. 

### 43,page 

### 18,it was held, amongother things:

‘I*** In a former opinion rendered by this department in discussing the constitutional provision andthe various statutory enactments relative to the justice of the peace, it was held that it was not necessary for ajustice 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 ajustice of the peace mayexercise all the powers of a notary public under the statutes by reason of his qualification as justice of the peace, andthat the powers of anotary public are conferred upon himby reason of his office. ***I’ OnMay12, 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. WoodrowLaughlin, page 

### 3 (O-5606)

I#***Ajustice 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 ajustice 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 ajustice of the peace to take the oath or execute abond as was required by the foresgoing statutes.

Asheretofore stated, it is our opinion, that Senate Bill No. 335, supra, does not change or alter the law relative to justices of the peace whoare also ex-officio notaries public of their counties. Yours very truly ATTORNEY

GENERAL

OFTEXAS By /s/ Ardell Williams Ardell Williams, Assistant #PROVEDNOV10, 

### 1943 /s/ Grover Sellers FIRST ASSIST

ANT ATTORNEY

GENERAL APPROVED:

OPINIONCOMMITTEE BY: BWB,CHAIRMAN AW:EP:wb