Hon. James R. Strong 

County Attorney Opinion No. V-l?79 

Panola County 

Carthage, Texas Re: Bees of the oounty clerk 

for preparing certified 

copies of reoopds of his 

Dear Sir: office. 

You have reque$ted an opinion of this OffiCe 

in which you ask: 

What fee must be oharged by a county 

clerk for making oertlfled’ooples of deeds, 

deeds of trust, and mechanics’ liens recorded In that office? Is there any difference in this fee when said copies are 

made by photoatat machine that is oountyowned and used for recording purposes,ln 

the county clerk’s office? 

Artlolee 6591 and 6595, V.a,S., require the 

county olerk to record all deeds and deeds of trust 

filed with him. Article 5453, V.C.S., provides for, 

the reoordatlon of meohanios’ liens by the oounty clerk. 

Article 6600, V.C.S., provides: 

“The county clerk ah.811 give attested 

copies whenever demanded. of all,papers 

recorded In hia office; tind he shall receive 

for all suoh oopies, suoh fees as may be 

provided by law.” 

Article 3930 provides in part that: 

“Clerks OP the County Court shall reoelve the following feea: 

” . . . 

“Copies cf interi$@atoribe, or’os* 

Interrogatories and al2 :&ther papers OF i’. 

records required to,be dopled by him, %Sr 

including oertifloate and~seal, uhere’the 
Hon. James R. Strong, page 2 (V-1479) 

copy does not exceed 200 words, for each 

100 words .15 

"Where the copy exceeds 200 words, 

for each additional 100 words In excess 

of 200 words 015" 

There Is no specific provision for a fee to 

be charged by the county clerk for making certified 

copies of deeds, deeds of trust, and mechanics' liens. 

Therefore, the general provision of Article 3930 quoted above Is applicable and the county clerk must charge 

15 cents foreach 100 words for certified copies of 

deeds, deeds of trust, and mechanics' liens. 

In Logan v. Mississippi Abstract Co., 190 

Miss. 479, 200 So. 716, 720 (19411, it is stated: 

"Conditions change; new and improved 

devices are invented, and the law, to liveand serve, must adapt itself to changing 

conditions, if thereby no fundamental prlnciple is sacrificed. The word 'copy' In 

the statute includes photographic copy. 

Tobln v. Knaggs, supra. Indeed, perhaps 

the most accurate copy which could,posslbly 

be mate would be a photograph of the records. 

. . . 

Also in Nomikos v. Petroutsis, 60 N.Y.S.2d 

802 (1946) the Supreme Court of N York held that a 

photostatic copy of a court order*Eas a "copy' within 

the meaning of a statute requiring that a certified 

copy be served on the defendant. 

Article 3930 does not provide any specific 

method for making copies of records in the county 

clerk's office. Therefore, we agree with you that 

the same fee should be charged by the county clerk 

for making copies of records In his office, regardless of whether they are made by hand, typewriter, 

or by a device for photographing the records. 

SUMMARY 

Article 3930 requires the county clerk 

to charge 15 cents for each 100 words for 

certified copies of deeds, deeds of trust, 
Ron. James R. Strong, page 3 (V-1479) 

and mechanics' lien on record in his office. 

The same fee should be charged whether the 

copies are made by hand, by typewriter, or 

by a device for photographing the records, 

Yours very truly, 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

E, Jacobson 

Reviewing Assistant 

PRICE DANIEL 

Attorney General 

Charles D. Mathews 

First Assistant 

Assistant 

BA:am