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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 un-
Alice, Texas der Article 59&9, Vernon’s Annotated
Civil Statutes, before he is author-
ized 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 follow-
ing 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 be-
fore 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 pre-
cinct 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the Amendatory Act of 1943 repealed Articles 5950-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, pro-
vides, in part, as followsr
‘I*** All the justices of the peace shall be ex-
officio notaries public.*, * *I,’
Hon. C. Moodrow Laughlin, page 2 (O-5606)
bticle 2376, Vernon’s Annotated Civil Statutes, pro-
vide s :
“‘Bach justice of the peace shall be commissioned
as justice of the peace of his precinct and ex-
officio 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, etc., and known and cited as the “Notary
Public Act of 1943.” 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expressly repealed, and all of the laws or parts of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 provi-
sion 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 fores-
going 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 GENERALOF TEXAS
By /s/ Ardell Williams
Ardell Williams, Assistant
#PROVED NOV 10, 1943
/s/ Grover Sellers
FIRST ASSISTANT
ATTORNEYGENERAL
APPROVED:OPINIONCOMMITTEE
BY: BWB, CHAIRMAN
AW:EP:wb