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Honorable J. H. O'Neall - - Page 4 (0-4040) nevertheless he is concerned with the administration of justice only as a ministerial officer, as distin- guished from those officers who have judicial func- tions. Hence it is not his province to determine any douutful questions arising in the course of his offi- cial duties and it is not proper that he should be directed to act in a judicial capacity." You are respectfully advised that it is the opinion of this departments 1. Your first question is answered in the affirmative. 2. It is unnecessary to answer your second question because the facts show that the sheriff did seize the property. 3. In answer to your third question it is our opinion that the sheriff under the facts stated would not be authorized to release the automobile without an order of the court or without the bond required by the statute. 4. In answer to your fourth question, it is our opinion that said provision is mandatory. Very truly yours ATTORNEY GENERAL OF TEXAS By s/ h. J. Fanning Wh. Jo Fanning Assistant APPROVED APR 17, 1942 s/ Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL WJFsGOsegw APPROVED Opinion Committee By BWB Chairman