OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Hon. B. P. Jennings
county Auditor
Herddincounty
Kount%e* Texas
Dear Sir:
This:will-aek
of February 9, 1940, in
of thle department the
Peaas Preainet and
2,500 OF rndrepopu-
United States Cemuu,
ry Registration Die-
e Board of Health may
more EeegistretionDletrfote,
a Primary Registration Diatclat
Report, where blrthe and deaths are registered
in accordanos with a City Ordlnanoe not in
oonilict with this Act, the City Clerk shall
be the Looal Registrar of Rlrthe and Qeaths.
Yit ia hereby deolered to be the duty ot
Hon. E. P. Jennings, PageI2
the JUStlC% Or.thS P%%O@!in the h3tiOt3 Or the
Peace Precinct, and the Oitg Clerk or City
Secretary in the oity of 2,500 or more popula-
tion, to secure a ocmplete record ai eaah birth
and death that occur6 within their respectlve
jurlsdiotlon6, and 16 required by this A&."
The firat paragraph of Rula+Sa or aeotion e5
or the same Arti provides:
Vh.at eaoh looal registrar is hereby
charged with the etrlat aad thorough eniorce-
nont or the provleiens of thfe f,ot(Rule8 %a-
55a; P. C., Art. 75la) in his regietration
district, under the supervlaion and direotion
of the state registrar. And he ahall make au
immediate report to the state regietrar of any
viOl%tion of this l&w oomiw to his kaowledge;
by observation or upon oompleint of any person,
or otherwi6e.R
Article 781a or the Penal Code provide5 penal-
tiea ror tiolatioae ot .theVital statiatios Law. It pm-
vides In part:
*....or (e) being a looal registati, de-'.
puty registrar, or subregistrar, shall fail,
neglect, or refuse to petiorm his duty as re-
quired by this dot and by the 5.ustructtioa6,
and direction of the atata registrar there-
uad6r, shall be deemed guilty of'a misdemaaaor
and upon conviction thereof shall for the l'lrst
offense be fined not less than five dollars
($5.00) nor rare than rifty dollar8 ($sO.OO),
and for ench subsequent ofYen6e not less than
ten dollnrn f$lO.OO) nor more than one hundred
dollaro (i&100.00),or be Imprisoned in the
oounty jail not more than sixty days, or be
both fined and tiprieoned."
It is clearly 1mc11irOB the above quoted artiale
that it 16 mandatory for a ju6tlce of the pea06 to sxeoute
the duties trposed by the vltol ~t%ti6tia6 hW the Sam %6
773
Hon. B. P. Jennings, Page 3
it $6 hi6 duty to 6X66Ut6 ell other law8 with which he
is oharged.
We think It proper to here point out that the
State Board of Health is given the right and authority
to ocrablnetwo or more registration districts under the
above quoted Rule 366, which, if done by the Board would
relieve one of the local registrar8from hi6 duties.
This, howevex, 16 6 natter re6fing solely within the die-
oretlon of the Board end in the absence of the earclee
or euoh discretion 6 justice at the peace i6 required to
6erve.
Ycur6terytrnly
ATT03 o&RIu.OF'pIzXAS
I.A:AW