48(
OFFICE OFTHE ATTORNEY GENERALOFTEXAS
AUSTIN
HomormeasorgeE.mheQp5rd
thmptxoller of FubUo A.acotmts
Austbn, m3xau
DerrUr.sheppard:
We ham your r egal opioion as
tollowsl e%.+y
<
lost In the
the Dallas &l-
ct or w'asIeut
allar3 3.ndepend6nt
er it had been FB-
1oet from the n&s-
"The iIall.ae Independent School, Ms-
trim ofaus that it being a political
uubdiyiaion OP the state it le not cc
qu3md to gzlve bond. I will thmtc you
to advise thie department whet&or the
481
lionomblo George ii. sheppwd - Pago 2
Comptxolle~ is autharieed to issue
duplicate nrrant without the School
District filing its a.Hidavit znd
bard, as required by Artkla 4336,
V. A. C. S.
*If you hold in your opinion
that the po1itiW.l eubdiYision is
Mt required to give borvl for tb0
isamnce of a dupllaate warrant,
then,waat 0~ldenco,or al&~,
would be required of th0 disfrtct
before this departaentoouldism0
tho duplioato warranttm
The pertknfmt pat of Artlclo 43811 of our no-
vised civil stetutes is as followsr
*TheComptroller, when satis-
fisd that any origln01 warrant
drawnupon tha Stata Traaeurerhas
been lost or d0stroyed, or Ben
any oertitXcat0 or 0tho.r mi.dence
Op Indebtedness apprvved by the
audlt~ board of the State has
been lost, IS Ruthoclsed to issue
a dllglioalm wzu-ramt In lieu of the
orIgInal warrant or a duplicate or
0 copy of such aertifzlcate, or other
OvlLdeme of kndebtsdneee In lieu of
euoh orl&nal~ but no suab dupldmte
warrant, Or other crridame of incWate&-
MOB, &all issue until the applieenf
has Piled with the Coz~tr~llC~ his
affidavit, stating t&at he is the
tru0 owner of ouab instrumnt, and
that tho scam is In fact loat or des-
troyed, and s.hdLl also filo with the
Coxptrolle~ his bon& in double the
amount of the olatx with two or more
good and supffciant mrotlee, payable
to the GoYernor, to be approved by
the Comptroller, nrkd eoEd.itimmd that
the appllcsnt wQ.1 hold t&a State berm-
10~5 and return to t?ae Cotnptcoller, np-
on &sand being mde theeofori such
482
gonor~30 George U. Sheppard - page 3
dupliostos or oogdBs, or the anPunt of
mmxy zLam3d themln, tog&her with a22
costs that may accrus sgxl.nst the Stats
on colleating the 6aco. * * iP
This statute is plain and una&iguaas. It es-
presaly forblds the issU&lICe Of a dllfliG8t0 warrant un-
less the opplicaut aaball also file with the Comptroller
hlsboudiudouble the aamuut aC the cla2uwithtwo or
mm good and sufficient sureties, pfqsble to the Gwernor,
to be approved by the Coxuptroller, aud oonditiemd that
the applicant will hold tho State harmless abl return to
the Goxqtrollor, upon domand being made therefor, such
&upll.cates or oopfes, or the amount of money nsmsd there-
in, tog;ether with all oosts that may acoruo against ths
State on oollwting the ~aane.~
The utatute is general aud applies to all payees
of State warrants who, by reason of loss or destruction of
the warrant, see& to hava a duplioato issued. Ito exue tlon
whibtwer is nade and none is to bo read into ths statu E 8 un-
less such an exsept2on is one aompelled by 6081~ other stat-
ute or superved.ng public polioy. Ho such extra-omUuury
situation as thds 28 presronted by your letter.
The gencmal rule of statutory oonstruotioqpre-
scribed by statute itself, Is that 011 statutes are to be
liberally ooxuita'ued rith a Yisw to effect their objects
and to pros&s justice. (SW. Civ. Stat. Art. 20, Snb. 8).
While the Btato as swereign is paysmuter to Its
goverumntally supported psrsorks, boards anal inetrumntal-
ities whatsower, neYertheXess, a strict inif~idual accouut-
3.q is kept wlth oash of such officers, boards, or beuefl-
oiaries of State funds, and Sto appro&ation of the wblio
iknds from ths treasury are ooustitutionally eontrollod.
2!bere is no fuet renson, themfore, Par holdLug
that it political subdivision, as owner of a lost or des-
troysd State uauraut is not within the requim%u%nt of
drtic1c 4305. On tha coutrsry, there is evwy sound
reason for holding that they are withb thf$ statute.
llonorable Georgi Ii. Sheppard - page 4
*%a repeoents the aonsidsred op&fon of
t&is departaant, and you are aeeordingly so adtised.
APPE;VE;MAY 9, 1940
iiizA4A.w
ATTORNEY GENERAL OF TEXAS