Honorable H. W. Pittman Couuty Auditor Fayette County LaGrange,

Texas Dear Sire Opinion No. O-1460 Rer Legalityof countyfurnishing legal blenks for civilbusiaesr in JusticeCourt. Your requestfor our opinionon the above stated question has been received

by this department. Your letterreads ia part as follows: "Countyofficialsof FayetteCounty are oa salary basis; precinct officers

am on fee basis: Citations are issued

by Justioe

of the **Peaces** servedby Constable, juryfeeis collected and paid to jurorsbythe Justioe; 'Justice

and ConstaliLe

receivetheir fee from litigants, case is closed and countyreceives

notbingb "Is it legal and **proper** for the countyto furnish legal blanks f& civil businessin JusticeCourts?" Section1 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. Providedall purohases.hereia mmt be made under the provisims of Article 1659, Revised Civil Statutes of Texas, 1925." Article 2382, RevisedCivil Statutes, requires

that each justice shallkeep a civil docket in which he shallm&s the entriesthereinpresoribed, and Article 1081, Qde of Criminal Procedure,

provides

that each,Justioe of the Feace shallkeep 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 justiceis required to keep such other dockets, books andrecords as may beHonorable 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 beforehim. 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 Websterto meen paper, pens, inks, qUill8, blaak **books,** etc.
Article 2479,

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

of I , v c reads iap8.r-t as follas, "There shall be allowed the county judges,clerksof the district and oouaty Courts,sheriffs

and countytreasurers, 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 countytreasury3 and suitable

offioesshall 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 blanksother than bail bonds and oomplaint blanks.

Underthe language of Article 3899b, supra, we think it is clearly the duty of the &missioners' Court to furnishJustices oftie Psaos with such books and stationery as ar8 neoessary

in the performance

of their duties and that theterm "booksand stationery" is broad enough to includelegal blanks for oivil business

in JusticsCourts

. -Therefore,

you are resp8otfully advisedthat it is the opinionof this department that it is legal and-proper for to furnish legal blanks for civil lmsiness in JusticeCourts. Trusting

that the foregoingfully ansmrs your inquiry, Yourswry truly th8 county

we renain

ATTOBTJEII GENERAL OF TEXAS AWrjmregw APPROVED OCT. 2, 1939 /a/ GERALD C. MANN All'ORRSYGEXRRAL

OFTRXAS By /a/ ArdellWilliams Ardell IVilli~&¶ls Astistant

APPROVRD:

OPINION COMMITTEE ByB W B- Chaincsn