
    Carlee v. Smith.
    The clerks of tlie District Court have not a general authority to administer oaths, but only in eases required in the discharge of the duties of their office; (Hart. Dig., art. 661;) therefore, wliero the petition for a certiorari to a justice of the peace of Titus county, returnable to Titus county, was sworn to before the clerk of the District Court for Harrison county, it was held not to be sufficient.
    Error from Titus. Tlie plaintiff in error obtained a certiorari to remove to-the District Court of Titus county a judgment rendered by a justice of the peace of that county. His petition was sworn to before tlie clerk of the District Court of Harrison county. The defendant moved to dismiss, on tlie ground that the petition was not properly verified by affidavit. The court -usfainefi the motion and tlie defendant brought a writ of error.
    
      £. F. Ifosely, for plaintiff in error.
   Wheeler, J.

The statute (Hart. Dig., art. 661) authorizes the clerks of the District Courts to administer oaths “ in all cases required in the discharge of the duties of their office; bnt the administration of the oath in this case was not an act required of the clerk of the District Court of Harrison county in tiie discharge of the duties of his office. It did not appertain to his official duties to take the affidavit to this petition for a certiorari to be issued and returnable in another county.

Tiie objection to the affidavit was well taken, and the judgment must be affirmed.

Judgment affirmed.  