Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN l?ebrwryx,4, 1939 \ Ron. R;S. Wyche, Gregg County Langview,Texas Dear rs. Nyche: ing questlon: Revised Clvfl Statutes reads thousand (8 000) pop- ulation according to the eaedlng sederal Census mag.~appoint one (1r Deputy and no more; and each Justioe Preoinot ha~f.nga oity or tom of eight thousand (8,000) and less than fort& thousand (40,000)population ao- cording to the preoedlng Federal Celwaa pay appoint two (2) Deputies and no more; and in ... ' ,, eaoh Justioe Precinot having a town or city Hon. R.S. Ilyahe, of forty thousand'(aO,OOO)population or more according to the preceding Federal Cen-. sus nay appoint five (5) DoDuties and~no more, and each and every instanoe said Deputy Con- stables shall qualify as required or Deputy SlltXiffS. Section 2. When the Constable ln eaoh and every instance named and desoribed in the preaeding section of this Aat shall desire to make appointment of a Deputy or Deputies, as to owe may be, said Constable shall first make written applioationto the Cammissioners* Court of his County.shovrlngthatit Is neoes- sary for suoh Constable to have.the Deputy or Deputies requested in order to properly handle the business of his offloe originatingin the Preoinot in whioh suah Constable has.been s- leoted, giving the name of eaoh proposed ap- pointee; and If the Commissioners*Court shall Bind that the Constable is in need of the Dep- uty or Deputies requested to handle the busl- ness originatingIn his Precinct, then and In that event, and in that event only the Com- missioners' Court shall approve an4 aonfirm the appointment of the Deputy or Deputies pro- vided by this Aot. Section 3. "Any person who serves as a Deputy Bonstable without the provisions here- of hnving been aomplled with relative to his appofntmentor any Constable who issues a Dep- utyship without the oonsent and approval of the Commlssloners*Court shall be fined not less than V5.ft.y Dollars ($50.00 nor more than One Thousand Dollars ($liOOO.OO1.* , Amerlcnn Law Reports, Vol. 93, p. 269, states that: uSome authorities have expressly held I- .” ,_I’ ;* ,,,‘. .L. 67 d/‘/i d/ 223 ,.’ ,’ J /