OFFICE OF THE ATTORNEY GENERAL OF TEXAS
**AUSTIN**

Hon. I?. c. Y~ilSOrl County Auditor Gray CountY Psmpa, Texaa
Dear Sir: 

# opinion

Bo. : Be: l;hatis the co$uns.ation~.,.of a Distriat ,,Glgrk

Pro undeythe'provi sions lsg9 ,";-

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Your request for(opifiion upon tion has been reoeived by thisdep 6t he above stated ques-
; ,...7 Statutesof Texae, reads

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clerk in theparticular suit,motion or proaeedirg In which he may be appointed.* The term “Pro Ternpore"is defined in 50 Corpus Juris, page 417, as follows: provisionally,~' "For the time being; temporaril;r;Hon. 8. C. ‘:ri!_son, Page 2

Artiole 1896, R. C. S, of Texas, supra,provides that the District Clerk Pro Tempore take an oath and enter into.bond for the faithful performance of his duties under such appointment,and that suah appointee shall perform each duty required by law of the clerk in the particular suit, motion or proceeding in whioh he may be entitled.

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We are therefore of the opinion that a Distriot Clerk Pro Ternpore. although his tenure is temporaryand provisionalunder Artlale 1890, Revised 01~11 Statutes, nevertheless is a Distriot Clerk, and is entitled to the compensationallowed by law to Distriat Clerks.

Your question, apparently,hss never been passed on eitherby the courts or by,this deRgrtment,however,: opinionNo. O-722 of this department passes upon a question, analogous in some respeats.

OpinionNo. O-722, holds that in a oountywhere the county offioers are oompensated on a salarybasis, that a speoial oounty judgewhether serving in a general oapaoity or ina probate aapaoitg only shouldbe compensated on the followingbasis: the annual salary of the judge of the county court divided **by** 565 and the quotientmultipliedby the number of **days** aotuslly served by au?.& ,qeoihl judge. Thenopinion furtherheld that this compensation shouldbe paid from the Officers* Salary Fund of the county. We enclose, herewith,a copy of opinion No. O-722 of this department
. You are respeottullyadvised that it is the opinion of this department, that in aountieswhere the District Clerk is ooiapensated on a salarybasis under the Offioers* Salary Law, the Pro Tempore Distriot Clerk appointed under the provisionsof Article 1896, Revised Civil Statutes of Texas, shouldbe compensated on the followingbasis: the annual salary of the District Clerk shouldbe dividedby 365 and the quotientmultiplied b,rthe number of days actually servedby such Pro Tempore Distriot Clerk. This compsnsation shouldbe paid to the Pro Tempore District Clerk from the Offioers' Salary Bund. All fees and monies collectedby the Fro Tempore District Clerk by virtue of his appointmentand duties .sho:ild be paid into the Officers' Salary Fund of the county.

you are further respeotfullp advised, that it is the opinion of this department, thst in countieswhere theHon. 2. C. ?3lson, Page 3

District Clerk is oompensatedon a fse basis, the Pro Tempore Distriot Clerk,would be entitled to colleot, and retain as his oompansation,all fees, aosts and oommissionsearned by him as Pro Tempora Distriot Clerk, in eaah oause, aase or proceeding in which he served or participated. The fees, aosts and commissionsallowed him would be the same as legally allowed to the Distrlot Clerk for the same or similar setices in other similar oause8 or prooeedings.

Trusting that this answers yo& inquiry,we are Very truly yours ATTORNEY GXNERAL bB TEXAS

Km.J-y':ob Ym. J. Fanning Assistant 

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