Honorable H. W. Pittman 

Couuty Auditor 

Fayette County 

LaGrange, Texas 

Dear Sire Opinion No. O-1460 

Rer Legality of county furnishing 

legal blenks for civil busiaesr 

in Justice Court. 

Your request for our opinion on the above stated question has been 

received by this department. Your letter reads ia part as follows: 

"County officialsof Fayette County are oa salary basis; precinct 

officers am on fee basis: Citations are issued by Justioe of the Peaces 

served by Constable, juryfee is collected and paid to jurors bythe Justioe; 

'Justice and ConstaliLe receive their fee from litigants, case is closed and 

county receives notbingb 

"Is it legal and proper for the county to furnish legal blanks 

f& civil businessin Justice Courts?" 

Section 1 of Article 3bY9b of the Revised Civil Statutes reads 

as'follomi "There.shallbe allow&to County Judges, Clerks of the District 

jnd County Courts, sheriffs, County Treasurers, TarAssessors and Collectors 

‘8Iioh books, stationerg, including blat& bail bonds and blank complaints, and 

office furniture as may be necessary for their offices, to be paid for on the 

order of the Comnissionars * Court out of the County Treasury; and suitable 

"offices &all also bs provided by the Comnissioners*.Court for said officers 

at the expense of the county. And suoh books and stationary asare necessary 

ia the performance of their duties shall also bc furnished Justices ofthe 

Peace by said Ccmomissioners' Court. Provided all purohases.hereia mmt be 

made under the provisims of Article 1659, Revised Civil Statutes of Texas, 

1925." 

Article 2382, Revised Civil Statutes, requires that each justice 

shall keep a civil docket in which he shall m&s the entries therein presoribed, and Article 1081, Qde of Criminal Procedure, provides that each,Justioe 

of the Feace shall keep a book in which shall be entered the number and style 

of each criminal action in their respective courts, and the name of eaoh witness subpoenaed, attached orrecognizod to testify therrein, showing whether 

on the part of the State or the defendants. In addition to a civil dooket, 

a justice is required to keep such other dockets, books andrecords as may be 
Honorable H. W. Pittman - Page 2 (o-1460) 

required by law; also a fee book in *ioh shall be taxed all COStS accruing 

in every suit caamenced before him. He must retain offioial reoordb in his 

office where they ere open to inspeotion by aqy interested party. See Texas 

Juris. Vol. 26, po 799. 

Stationery is defined by Webster to meen paper, pens, inks, 

qUill8, blaak books, etc. 

Article 2479, 

The 0880 of Harris Counz v.;lF, 37 S-W. pa 22, construing 

Revised Statutes of I , v c reads iap8.r-t as follas, 

"There shall be allowed the county judges, clerks of the district and oouaty 

Courts, sheriffs and county treasurers, such books, stationery, including 

blank bail bonds and blank complaints, and office furniture a8 maybe necessary for their offices,to be paid for oathe order of the Ccmmissi~ers' 

Court, out of the county treasury3 and suitable offioes shall also bs provided bythe Conrmissioners Court for said officers at the expense oftlm 

county; and that such books and stationery as are neoessary in the perfowanos of their duties, shall also b8 furnished Justioes of the Peace by said 

Comxissioners' Court." 

Held that such stationery, including bailbonds aad blank complaint8 as may be 

necessary, includes prin ed blanks other than bail bonds and oomplaint blanks. 

Underthe language of Article 3899b, supra, we think it is clearly 

the duty of the &missioners' Court to furnish Justices oftie Psaos with such 

books and stationery as ar8 neoessary in the performance of their duties and 

that theterm "books and stationery" is broad enough to include legal blanks for 

oivil business in Justics Courts . -Therefore, you are resp8otfully advised that 

it is the opinion of this department that it is legal and-proper for 

to furnish legal blanks for civil lmsiness in Justice Courts. 

Trusting that the foregoing fully ansmrs your inquiry, 

Yourswry truly 

th8 county 

we renain 

ATTOBTJEII GENERAL OF TEXAS 

AWr jmregw 

APPROVED OCT. 2, 1939 

/a/ GERALD C. MANN 

All'ORRSYGEXRRAL OFTRXAS 

By /a/ Ardell Williams 

Ardell IVilli~&¶ls 

Astistant 

APPROVRD: OPINION COMMITTEE 

ByB W B- Chaincsn