Section (24) of Rule &?a, under Artiole 4.477 of the ReriBed Cirll Statutes, Vernon's Codiflcetion, LB 13s follOWS: I *2 honorable Pi. 4. ihliB, page 2

"(25) And provided that the name of the fa- ther or any information by whioh he might be lden- tifled, shell not be written into the birth or death oertlficate of any illegitimate ohild, and provided further, that any statement the father of en illegitimate ohild wishee to make ea to its parentage, may, when plaoed in the form of en ef- fidevit, be etteohed to the original birth record.

Reither the State itagi6trar nor any looel regir- trar shall issue a certified oopy of any birth or death oertifioate wherein a ohild or an adult im stated to be illegitimete, unlees suoh oertified oopy la ordered by a Court of competent jurisdlo- ti0n.w

It is thus seen that neither the Stat. Reglrtrar nor the local registrar may issue a oertified oopy of any birth or la Btotod to be death oertiticate where&n a ohild or an adult illegitimate, unless auoh oortliied oopy is ordered by a oourt 2 oomnetent jurladlotion.

How 0 oourt may not ex4rolao its judlolal runeti0n8 in raoetion except where it 18 rpeolally authorized to do 10. 11 Tex. Jur., Sec. 80, p. 816. We find no authority the <)ourt*s ordering suoh for

oertiried copy in raoatlon.

Artiole 1915 of the R6vised Civil Statutea, however, provide8 :

“Judges of the diatriot courts may in vaoa- tion, by consent of the partioa, exerolse all powers, make all orders, end perform all aats, aa fully es in term time, and may, by oonaent of the parties,

try any olvil oezlo, exoept diroroe

ceses, without a jury and enter final judgment. All such pPOOOedhgs shall be oonduoted under the same rules as if done in term time; ana the right of appeals end writ of error ehall apply a8 if the acts had been done in term tims.W a judge of a distriot oourt, with the oonaent Under this statute, or all pertiee. would be authorized to order the iesuance of the copy of the oertlfi.oates mentioned. See Seagraves v. oortlfled Green, 116 Tex. 220, 288 S.N. 417; Woods v. Lenier, S.W. (26) *3 Honorable Vi. A. 3avi8, page 3

360; Iebill v. Stovell, 92 S.W. (2d) 1067; Weaver v. Humphrey, Y.W. (26) 720, 114 S.W. (26) 609; Dollert v. Pratt-&wit Oil Corporeti'on, I.79 S.W. (26) 346.

M order requiring the iesuanoe of suah a certificate is in legal essence a mandamus, and the registrar against whom the order 1s ma;le would, of cour8e, be the respondent party whose consent la required.

Other than upon oonaont of the partlee, the oourt would have no juriediotion to make the order in veoatlon a8 herainebove stated.

Your aeoond qua&ion is anaered In the negative. Under the statute already dieoussed, any woourt of oompetent juriBdi8tion" m?mn~ a oourt having Jurlsdlotion w8r the 8ub- jeot matter and not nsocasarily over the person of th6 parties. Your queetion 2 pre8ent8 a matter of po88ible venue, but this do88 not go to ths juri8dlotion of the oourt aa a oourt, but would preB8nt merely a q~e6tion or privilegs of ths rrspondant to be sued in hi8 own oounty, in a propar ease, whioh prfrilrge oould be waived and would, of oour88, b8 waived if he 8hould consent to the oourt'8 hearing in determining the matter in va- oetion.

With respcot to question No. 3, we will not undertake to prepare an outline or form ror the petition since the faota would ordlner1l.y be SO peoullerly pertinent 08 to make our ef- fort mile.

Yours Tory truly, GENERAL OF TEXAS 001s Sp8er ABeistent