HonorableH. W. Pittman CouutyAuditor FayetteCounty LaGrange,Texas
Dear Sire Opinion No. O-1460 Rer Legalityof countyfurnishing legal blenks for civil busiaesr in JusticeCourt.
Your requestfor our opinionon the above stated questionhas been receivedby this department. Your letterreads ia part as follows:
"CountyofficialsofFayetteCountyare oa salarybasis; precinct officersam on fee basis: Citationsare issuedby Justioeof the Peaces servedby Constable,juryfeeis collectedand paid to jurorsbythe Justioe; 'Justice and ConstaliLe receivetheir fee from litigants,case is closed and countyreceivesnotbingb
"Is it legal and proper for the countyto furnishlegal blanks f& civil businessinJusticeCourts?"
Section1 of Article 3bY9b of the Revised CivilStatutesreads as'follomi "There.shallbeallow&to County Judges,Clerksof the District jnd County Courts,sheriffs,CountyTreasurers,TarAssessors and Collectors '8Iioh books, stationerg,includingblat& bail bonds and blank complaints,and officefurnitureas may be necessaryfor their offices,to be paid for on the order of the Comnissionars * Court out of the County Treasury;and suitable "offices&all also bs providedby the Comnissioners*.Court for said officers at the expenseof the county. And suoh books and stationaryasare necessary ia the performanceof their dutiesshall also bc furnishedJusticesofthe Peace by said Ccmomissioners' Court. Providedall purohases.hereia mmt be made under the provisims of Article 1659, Revised Civil Statutesof Texas, 1925."
Article 2382, RevisedCivil Statutes,requiresthat each justice shallkeep a civil docket in which he shallm&s the entriesthereinpresorib- ed, and Article 1081, Qde of CriminalProcedure,providesthat each,Justioe of the Feace shallkeep a book in which shall be enteredthe number and style of each criminalaction in their respectivecourts,and the name of eaoh wit- ness subpoenaed,attachedorrecognizod to testifytherrein,showingwhether on the part of the State or the defendants. In additionto a civil dooket, a justiceis requiredto keep such other dockets,books andrecords as may be HonorableH. W. Pittman- Page 2 (o-1460)
requiredby law; also a fee book in *ioh shall be taxed all COStS accruing in every suit caamencedbeforehim. He must retain offioialreoordb in his officewhere they ere open to inspeotionby aqy interestedparty. See Texas Juris.Vol. 26, po 799.
Stationeryis definedby Websterto meen paper, pens, inks, qUill8, blaak books, etc.
The 0880 of HarrisCounz v.;lF, 37 S-W. pa 22, construing Article2479, RevisedStatutesof I , v c reads iap8.r-tas follas,
"Thereshall be allowedthe countyjudges,clerksof the districtand oouaty Courts,sheriffsand countytreasurers,such books, stationery,including blank bail bonds and blank complaints, and officefurniturea8 maybe neces- sary for their offices,to be paid for oathe order of the Ccmmissi~ers' Court,out of the countytreasury3and suitableoffioesshall also bs pro- vided bythe Conrmissioners Court for said officersat the expenseoftlm county;and that such books and stationeryas are neoessaryin the perfow- anos of their duties,shall also b8 furnishedJustioesof the Peace by said Comxissioners' Court."
Held that such stationery,includingbailbondsaad blank complaint8as may be necessary,includesprin ed blanksother than bail bonds and oomplaintblanks.
Underthe languageof Article3899b, supra,we think it is clearly the duty of the &missioners' Court to furnishJusticesoftie Psaos with such books and stationeryas ar8 neoessaryin the performanceof their duties and that theterm"booksand stationery"is broad enoughto includelegal blanks for oivil businessin JusticsCourts. -Therefore, you are resp8otfullyadvisedthat it is the opinionof this departmentthat it is legal and-properfor th8 county to furnishlegal blanks for civil lmsinessin JusticeCourts.
Trustingthat the foregoingfully ansmrs your inquiry,we renain
Yourswry truly
ATTOBTJEII GENERAL OF TEXAS
AWr