OFFICE OF THE ATT’ORNEY GENERAL OF TEXAS
AUSTIN
Hon. I. Prrdrcki
CountJlAuditor
Galvaaton Count7
Galveston. Taxa
Eesr Sir s
owing affioors rh811 b8
aorlra one aop7 of eadh
1 and 8pscial law8 hare-
by the Lagl81aturo, to-
p rtmnts, 8aah mmber of th8 Le i8-
?8tur8, the JuQss of the saveraBI
aourt8 throughout the Stat., aad the
olrrk8 of said oourt8, and *aoh Oount7
attorncl7. The fol1owing offio8r8~8hal.l
162
Honorable I. Predeckl, page 2
be entltled to receive one copy eeoh of all
gsnaral lawa hereaftar passed b7 the Leglsla-
ture, to-wit: oounty treasurer, county sur-
veyor, sheriff, assessor of taxes, tax col-
lector, inwpeotor of hides end anisal8,
&.&ice of ths peaoe, oonltable and county
co!nmIseloner.~
Art1018 4336, Revised Civil Statute8 of Tezaa,
reads as i'oilowa:
"The Saaretary of State shall dis-
tributi the printed laws of each srsaion
of the Legislature to the officers named
In the preceding article, as follows:
He shall mall or deliver In pereon to the
Governor and heads of departments, end
to all State or Diatriot offlcere, a copy
68oh, and shall forward to the county
Judge of each oountp a sufflclont number
of aeld laws to supply eaoh county officer
named in the preoedIng srticle with a copy.n
Artlols l,338, Revised Civil Statutes of Texas,
reads aa Sollo~:
Wumever IYrevision of the laws of
the State has been or shall be subscribed
for, or published by the State, a sufficient
number of copies of aeah volume thereof ahall
be forwarded to the county judge of eaoh
county to furnish one of said copies to
each judge of the appellate snd distriat
oourte, to each olerk of the distrlat and
county courts, and appellate oourts, and to
each justice of the peaoe that may be a resi-
dent In said county. The Searetarg of Stat8
ahall also deliver to eaoh iX8CUtIVe Officer
at the seat of government one of said coplea.*
Artiole 4339, Rsvlsed Civil Statutes of Teza8,
reads as follow8:
Honorable I. Predeckl, pace 3
Vhenever any officer shall receive
a copy of any report, statute, dlgeet or
journal, he shall receipt for the same
to the orfioer bistributln(Jit, who shall
rile such receipt In his offlae. said
books shall be deemed to belong to the
office of said offioer to whom they are
delivered, and shall, at all reasonable
hours, be subject to the examination of
any cltlzen of this State. If any said
offlcsr faile or refuses to deliver any
seid book to his successor in offioe
when demanded by him, the OlfiC4F so
fail.inC:
or refueing shall be liable to
pay such euooeseor the oosts and ohargee
that map be necessary to supply the offloe
of such aucaaeaor with eny said book thet
he shall so fall or refuse to de1iver.e
Artlols 43&l, Revised Civil Statutes of Texa8,
reade a8 folloue:
*The Seoretary of Stete shall not
be required to forward ooples of laws
to nor attest ths authority of any of-
ficer in thia State who falls or re-
ruses to take out his aaemlselon.w
Articles 4335, 4336. 4338, 4339 and
&34l, Revlssd Civil Statute8, aupra, prcwlde e
olear and unambigcoua statutory method for the
dl8tributiCn of the Revised Civil Statutes of
this state to the officers mentioned In the stat-
ute. The Justlae of the Peace is one of thn otfiosr8
named In the stetuta. Ae outlined by 8aid 8tEtUt44
the volumes Intended for the Jugtiae of the Peaoe are
delivered by the Seeretsry of State to the County
Judge, and it ia the statutory duty of the Count7
Judge to deliver said volumss to the Justice of the
Peace and take his reoeipt therefor. Sald books
8hell be deemed to belong to the offio6 of the Justice
Honorable I. Predookl, peer 4
of the Peace when delivered to said officer. Artlole
4339, Revised Civil Btatutea, aupra, further provldos
thet if any officer falls or refuses to deliver any
of said books to his suuce8aor in offioo when damtnded
by hin, the officer.so telling or refusing shall be
liable to pay suoh su~oossor the coats and charges
that may be necessary to supply the offioe or such
suooessor with any said book that he ehall so fall
or refuse to deliver. It waa the clear oontemplatlon
of said statutes that the county would not have to
expend any county funds to seaara the books or replace
them If they were lost or destroyed.
718think that port Ion of Artiole 3899b,
Revised Civil Statutes: which etateawand suah books
and stationery as are neoessary In the performnae
OS their duties shall also be rurniahed Jastlara of
the Peaoe by said C~mlssloners~ Court” would not
apply in this situation, becauer oi the rule of
statutory conatruotlon kaom as wExpreselo unlus
est excluslo”. b’equote irom Sutherland on Statutory
Construction, Seotion 326, as r0ii0w0:
Where authority Is given to do a
particular thing, and the mode of doing
It is presarfbad, it la linlted to bo
done in that mode; all other rodoa are
exoluded. Suoh arrirmatlra leglelatfon,
and any other whioh lntmduces a new rule,
imply a negatlre.w
It is fundamental law, and the oourts hare
repeatedly held that commlsslonera~ oourts are court6
of limited jurlsdlotlon, having no authority exeept
such es is expressly or lznpllcdlyoonferred by the
Constitution and statutes.
It ia the duty of the oounty auditor to 808
to the striat anioreement OS the Ian governing county
rinences. Article 1651, hYiSed Ci~ll Statutes. It
is the duty of the ootmty auditor to inquire Into thr
oorreotness of accounts against the Bounty. Artrake
1653, Revlsad Cfvll Statutes. Claisisagainst a oounty
cannot be allowed or paid without tie approval of the
r
Honorable I. Fredeoki, pago 5
oounty aua ltor. Article 1660, Revised Cirll Statutes.
Only lawful alalms against a county may be approved br
the oonnty auditor. Article 1661, Revised Clrll Statutes.
The county auditor’s bond is c0naiti0neaupon the raith-
rul perforsenoo or his duties. Article 1649, Revised
ClTll statutes.
In flew of the above authorities you are re-
ap~0truiiyaaviefa that it fs the opinion of this de-
partment that your question should be answered in the
negative, and it is 80 answerad.
Your6 vary truly
A'PTORlQ!XO~ OFTXXAS
Wm. J. Banning
Assistant
WF:LVi