OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable ho. A. Hlght
Chief Aooountant
Boer6 of County anb Dlstxlot Romd
hiaistln, Texas
a of H. B. -
af Llmert4ar
fat #l8 l lli+lo
on sehorlty of
r sntrlml b the
la~iO8 MaIre3; 1,
aaipt ef our letter & Much
on the fo i lariag qu~~tfcnt
ty sdl Dirtriot Road
t4rm6 of a nun0 pro tuao
@map Gomlssfoa hare the
r partloipatfoa bomb lr-
ma. 18 af LimarataL~ county,
lob wore oqmded in the eon-
4 from ?t?art via Ben Rur to
o pro tuao ordsr aantloned reads aa followrz
wIRuTE 10.
,- WiRcR leti, 190.
WFtERW, Carl OnMOX4, COWltg Judg# Of ?&MStOSbO
County, TOsaP, appearing in behalf of Reed Dietriot
Ito. 18, lAPseston County, %*xao, rcrgmmantoto thhtr
aorePeirrsi4n that on Au$ust 14, 1933, t&o Highway eom-
rmis8loa of Tent psaimd Elaut4 ao. WOO, dsrlgaatfns
Honorabla 0~0. S. Hlght, page #e
a State Righway from &art to Oflesbrok; sod
that said Elnuta, as sass appears on tha re-
aords of the Highway Comlsslon, doas not and
did not rsflsot the aatlon of the Hl@way com-
mission when mid road was designated, from Yart
to OrOaSbe0k, and in behalf of said Oontantlon
he presented e~iden00 In the ronn or lettsrm
written to tba Highway Oonimlmslon by the differ-
ent countyh3ge8 or Limest02u county rr08h iota
to 1933, and also Ulnutes of the Hl&~y Qommls-
sfon whlah sh0w that the dfffarOnt ilalegstionr
from Limestone County appearing befor aald Com-
mlsolon were requesting that the bonded road from
Hart by way of Ban Hur to Qroasbaok be da8ignatad
as a Stats Highwayi and, further proranted afflda-
rlts and letters to the effaot that uhsa EXHWSE
No. 7997, was passed on August 14, 19SS that the
dslegation appearing before the CommissiOa on Mid
date understood snd heard the Hleway ~olmissloa,
slttlng at that elms, da81@8ta ths old bonded
road, to-wit: from the Motrnnan County llns by
way of Ben Iiur to OrmsbeOk as State Highway No.
164, snd further prorented to this Cossnlssloa a
l&&as from the Honorable D. 15. hartin, of 8aB
Antonlo, Texas, dated Ootober fil, 1940, statlit
tbet on August 14, 19S3, he, as a member of the
State Hi&wag Commission, voted to dsslgnata the
old bond86 rmd fromltart by way 0f BOn PRw to
Orossbeok as State Highrap No. 184; ho &lrO pre-
oented a letter rrom the Honorable John wood,
Cblrmsn 0r the Hi@may Comalsslon on August 14,
1933, when I;lnute IUo. 7997 was passed, statlag
that 011 suoh oooasfon ha voted to deslgaate ths
old booded road from Mart to 0 oesbeok by rap of
hn Bur as stat* kllghway Roe. l&,and that the
commission on that date so ae8igtkeed the old
bonded road rrom uart to G+wsboak by ray Of
Ben Ffur; and,
“UYIB.R~~S,aiter hearing said erldenes the Corn-
mlsslon fS 0r the 091nion that through iBaaY&-
*no. ln drawing up Elnuta No. 7997, it faued to
rarie0t the action or ths Elighway Ccu5lssion of
Honorable Oeo. A. Right, psgs #a
thet date, crnd that it was tb aatlon or the
Hl&way Comlssio~ as then aonstltuted on August
14, 1993, to denigrate the old b0ad0a rma rr0pl
Ksrt to Oroesbssk by way of Ban Hur as State
HIghway No. 164; and
%VFiE?E99, sinoa suoh tlw, the rights of no
other part lea have lntwveahl;
uTXEREFCZiT,to oorrspt mob wror and omlsslon
80 tbst the rsccrds of this body my mflsot all
the truth of ths m tter~Inrolr.6;
*IT IS ORDERED,and thts Commlaslon hsre and
now so rinds, that the action or the Highway Com-
miasloaor Texas, on August 14, 1992, was to a08ig-
nate as a part or the 3tats Hlgbray Systasi of Tsxas,
and that on August 14, 1933, as aforesaid, the Statm
Highway ComIsslon or Taxas, did doslgnate as a part
or the Stats Rlghway Systam 0r the stats of Texas,
that stntoh of rosa that bogins on tha MsLannan
Uounty llns near the towa or Mart, and roriorllyl
the old bonded road through the town Or Bon Eur
to ths Ulty of Or06sb80k, as State Highway No. 164;
ad,
*BE XT FCRTFJERORDERED,that such designation of
auah road aul this order deolarlag such ds8lgrration
be entered upon tha tilnutes of thfs Coxvilsslon nuna
pro tune a8 of August 14, 1933, and as so sntarsd
shall ba aa dfe0tiv43 as If actually entsrsa on mush
Ailnuts on August 14, 19921.
“I, 1C.L.PiigiBton, SeOrtttmy 0f the Stat8 %i&hway
Camlesion of TsI(L8, do hereby oertlfy that the
above and foregoing is a true and oorrcot oopy of
the W.nute as it appwrs in the Official ~00rdS
or the State Highway Coiwal~slon or Tsxas.
n3x~~~S my hand and orrlciel ssal this 4th day
of E&rob, 1941.
(slgnod) Il.L.Wigintim - Seemtam
23tsts Highway Cossaissl~a.*
..
Honorable Oao. A. Eight, page &
In Opinion Number O-3098 we stated that tho oillea
of nuno pro tuna Is to woord an aotlon aotually had but
whloh through inadvertenceor mistake had hot baen reoorded.
Suoh omirslon aonstltutlngnothing more nor less than a
olerloal error, The la&t&ate rumtion of such an ant-
being to aorreotly erldenoe upon the reoord that whloh for
so&a reason had not been anterod of reoord,at tha propr
time.
Referring to the oontext of the nuno pro tuna order
above quoted, It ~111 bs noted that the Highway Commfssion
expressly finds "that throuqh lnadrertenoe In drawing up
Elm&e #7997, it tallod to reflect tha aotloa of the High-
way Cow~~Ia~lon of that data . . . -, ati that, therefore,
to oorreot auoh error aad otisslon 80 that the reoordm ntaf
rerleot all the troth of the nratter lnvol~ed, it I8 ordered
;h& ruoh road be desi&mtOd nun0 pro tW&O as 0i Awurt 14,
.
3Tethink thlr action olaarly oonforas to tha prlaol-
ples 0r ths hnotlon of a nun0 pro tan0 entry. On ft.6raoe
it finds thet ths road in quertion was aotuallp designated by
ardor of the Highway Oo~lsslon on Auguclt 14, lQS8, but throw
error mob action ma not moorded in the E.lEute# of the Coaa-
lllbJ8lOn.
You are, therefore, advised that In our opinion the
Board of county and Dlatriot Road Indebtedness has the author-
ity to rpalw e1lSlble for partlolpationthe bonds of Road Dls-
trlot #la of LImeatone County, the proceeds of whioh were
expanded In the ooastruotlonof the road alluded to ln the
nuno pro tuno entry above quoted.
Very truly yours
ATTCRXEY OEXERAL OB TEXAS