PRICE DANIEL 

ATTORNEY GENERAL 

BCJU. Charles D. 

Couuty Attorney 

LaSalle County 

Cot Lila, Texas 

Your 

upon the above 

quombioas: 

*1, 

Ina t,o be 

Me bond? 

I 

Bates, Jr., Opiaion No. V-195 

Re: Whether or not m bomdrnwin on a Wotrry Public’s 

offiafal ‘bond my obtain 

a summery releese rm 

liability thereon. 

requ6st to this Departaeht ior au spinion 

subjsat matter presemts the rollowily 

Is it possible for such bowarelieved 0r further li8billfy oa 

CleaS seklng meat dtEBn namea be reuavaa 

rlws t&e Retary lbnd suiri6lont to Irlieve 

such bondsam of further liability? 

, 

After such written not&e has 

been ;if;eh 

I 

to the County Clerk, is say rtutber aat aomsoar~ 0~ the .part or smh mareties in order to relieve then er rarther liabrauty on tfn bQarn(t? 

“6. Arttr su,ah written aotlce has beeu 

#lrul tc the Csunty Clerk by rtmh boadamn, 

is say hrrther, aat necemary en the part, or 

ouah CaYpty Chik to relieve suoh bondsmen 

rm- rwther liability on suoh bead? 

“8. If such bondsmen are released fro, 

their baud, and uutil a new bond is executed, 

retold such Wotary Public be duly qualified to 

aot as such? 

. 

“6. In the event the County Clark 

should d.etenine that the bend of the l@t&ry 

Public Is no lolager a good bond, by rea~~im 
Hon. Chsrles D. Bates, Jr., Page 2; V-195 

of the sureties having asked pewission to 

withdrew their mmes from same, could a new 

bond be substituted by the Natary Public in 

lieu of the old bond, or would it be uacessary to make a new applioation and qualify 

aaew es a mtary Public? 

R7. Dee8 the Caunty Clerk have any 

disoretien fa passing upon the qualiricatiens 

of a Mtaxy Pab,lic applicant, other than te 

deteCs&ne fl) a +&eat t km applicant is at lmat 

21 years er age, aad (2)) that he Is a resfdent of the Couutg? 

“86 In the event a person, who is drawing lOC$ disability pay from the Govemaent a8 

a mental ,eare, mpplisil fcvr a Ilatary Public? appointiw~, ir Bt manaetery~~ t&kt thv.Cawdy 

Clerk aeaapt such application and oertif’y his 

elig,ibllit.y to the Sesretayy of State? (Such 

person huvi 

“3” 

newer beeu declax+d &&Skne by 

aourt a0iiian o 

"91 Cam ,the appclntment of a Botary 

Public be pretest.ed te the SecretaTy of St*to, 

whereby that orricial. say reruae to isstm t410 

Coaaission as a Notary Public? 

“10, Under the pmment l&i*, am there 

euy liritativss or restriotions against a per- 

@on b,eotin a NetaxV Public other than the 

agesnd res f’ ,deaee raqulxemente? Ii so, with 

w&t officer doe8 the authority rest to apply 

suoh limitatioas or reetrictiohs, the County 

Clerk or the Secretary oi State?* 

Article 5949 ef the Revised Civil Statutes 6c 

Texss as the same has been amended constitutes then whole 

Or the statutory law geverning Rotaries Publlo in this 

State. 

S,luce yaur questions are narerbus and aotapreheusive in the&r sompe, we quote the Artiole. 

*l, Tke Secretary of State of the State 

of Texas shall appoint a convenient number of 

Notaries P,ublia for eaah eouuty of the State, 

Such appaintnents ay be nade at any time, and 

the terms of all appeiataents ntdlde shall end On 
Hon.'Cbarles D. Bates, Jr., Page 3, V-195 

the first day or June of eaah odd aumbered yemr. 

A&am;n;e% Acts 1945, 49th Lega S p* 39%, oh. 

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. I 

Eon. Charles D. .Dates, Jr., Page 4, V-195 

"4e At the time of such qualif%~cation 

the County Clerk shall collect the fees allewed 

him by law for administering the oath and %aproving and filing the bon% of suah INary Public, together with the fee allowed by iaw to the 

Secretary of State for issuing a commission to 

such Notary Publfa, 

ymasadiately after the qnaliihJ.eatioh 

of anTsuch, Notary Publio the, County OleFk ‘shall 

fOrthwith notify the Secretary of State that 

such person has qualified and the date Oi s~ueb 

qualification, end shall remit with such no,tice 

the fee due the Ssoretary of State, whereupon, 

the Secretary of State shall oause a. commlssi0n 

to be issued to each such qualified Notary Pub110, which commission shall be effective as of 

the date of quallirioation, All such aonuaissi~na 

shall be forwarded to the Gounty Clerk for delivery to suuh persons entitled to receive them, 

EDotbinS haMin shell prevent any qua~lifisd Notary 

rubliic, from pkrfonaing the duties 4r his 4rri0e 

fr0m an% afte~r his qualifictation and-be&W@ the 

receipt of his aommisaion. 

:’ 

“13. My qttallfied 19&ary Publio, wlmas@ 

term is srpirif~& may be rb-appointed by t&r Sew 

r&ary of State without the necessity of the 

&&ty Clerk reesubmittiina, his nmma to the Saorh- 

*a,ry of State, providaa suoh appoia&manQ ir made 

ia sufficient time for srroh Notary Public to reqm2ify on the a3pbati0n date of the term rbr 

rhidh he Is them serving; an% previded further, that ir any such Notary has remove& hi8 

reai%ence to a aountg othtr WWI the aa@ f?er 

which he was appainted, his office shall be 

aatanatioally va0ate%, and if ha desire8 to 

act as Retary Publio in suoh other aounty his 

~txnmismiotl shall be surrendered to the &oretary of State and his n6ma shall be subm$t;teU. 

by the Clerk of such other county as heregnabmve provide% o 

Jo _ 

“9, Any person app9inted a $Wary Pub- ’ 

lid, bsfer& #5%& upem his afFief*l aw48, 

shall exee,@te a bon ?I in the sum of OEa+ Fhouead 

()l,OOO,OO] Dollara with two or mere sabtW 

indlvPduals, 0r one solvent surety eomp&&y a&h; 

orizcd to do busfness in this states as aarety, 
fFsn. Olmrrlar D, Batea, Jr., Page 5, V-L95 

such bond to ba? I pSW6& by the Omtnty Clerk of 

Me aouaty, my& e e to the Owemar, end con-

‘~~ 

dltfomd # t# f8Lthful pcrfonkanae of the 

drttsr 0r bi*.- 

w 

1 *M ikIN1 also take and 

*ubeYi#~ui b Stil m&h ol offica which 

shall be ODilW%Od 06 aeld Wad with the aelltitltwte ar t,hr 0ma 81 l ministering the mm. 

W&d @D&t? e&W W 4Opfa8l$ed In the offlae of 

tha OCuSty Clad Mld shell not be void on the 

tlret Yecwery, and luy be sued on in the nme 

a!’ fha party lajured ima time to time until the 

whale Bammt tbexeot has been ~raaorered. Ailg 

aimit person shall be daemed to be qualified r&an 

hr hes token the ofricm oath of orflee, rap-’ 

lt&Wd thl bond and paia the fees herein providd for, all within the ten (10) days allewad 

thw6tar. 

,. 1. 

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“8. XT any Qbuntp Clerk fails or refm 

W fr$msrd the maurn ol pewons requestfug appairtaeabn, QOticss af qaalificotion, or to reatit my Irob due to the Waretam of State, or to a o tiar y n 

$13 tirty ($0 3 

l ppll~rrt et his appetatneot withdays rrter receipt ar mm by the 

C6tbty C!lcr* t&m 5)ooratam nf State shall wrtb 

T 

imeh f&am or nTuar1 to the 37m4e Compt26 lsr, U, W&y Auditor ud daarlssisnaru 

oo+IL ai su6k 4enmty, after w&&oh na ol*ir 

Or nW66H iI6 rWW rf SrwP dteik shell be 

6-4 w p&l pa051 the &4crete 

2 

ar 

BWte elm11 sertlty k ctueh aiticia 8 that 

all raquflUsrrta h-or hare bum COIgIllad with. “9. AAl &ttnZ6 pmrtaintag Ca the apF 

iatmat udl eae&Pt&gatha Of Notarias Wbto 6n611. ba )*blita u6OQml la the officss 

of tL, C6wrt.y CItea ata in tit6 affioe of the 

Sacrstary 0r Stnta *rter any such No,tary mb110 ima qualiPW& ati sM11 be apen to inrpeatian ef am$ lDt4lwstsd person at suoh 

reasonable times *aa In such mannkr a9 till 

nst lnterrere wi$h the l fiairs or orfiaa or 

tha custodian of such reoerds; but asfther a 

County Clerk nor the Secretary af State shall 

be required to furnish Lists ai the hams ai 

persena appoirtsd berare their qu8liri0atfaa 

gor lists of unreasraable nusnbera at qualiried I?@taifes ?w;lic o As amended Acts 1959, 
mm0 amrm b. Batee, fs., Page 6, f-195 

:, 

.l. The statute nowhere pnscribse a&y method 

by whloh a surety execwtiag B Elotary P6%blic)‘a bond may be 

swamrll~r FelUMed of FostheP Liabilitys If %+a# bond were 

.n o#IpIo* len oh&&atI.mi of mzvt~8hfp effecting only fndSx4dWis, the maCte#? @f s,mh a Ml;ease ooald to doubt 

ba efbatrd through t&e mutual agreement et all parties 

ae~e~@~z~d there&n. If& suoh is not the casai here, seeing 

that the bond is a sta*u%e 

r 

bwd papsble to tha Oorermu, 9wdsion~a ror We W ,thf& performance of the dutiib# Of the Botarf’s offfee, The GOvernOF, ia his capac1%~ 6@ payee, is of course the fiduciary ~of the State, 

,.a&3 Here ie no provision of law authorlzihg .hin in such 

mpmefty iw ~J1.emee suah surety, Moreover, silo0 t&e obl$gW&lan of the surety i6 10 essence one to the Btate, 

tw ]t@i$8h%k~ itmif WOtid a~ppeM e.0 hr?S RO t~t&Titr 

‘to sW&aau &Y tie awfd~e S method of releasing aus* ebl4~ 

gaawks 4-a. Lt. XX& 6,ee. 56). BS tllir aa It may, 

ita m&k84 ie yw,aPB;baff by’ lm for such a releulle. 

wS%a '*he cam@y atask la mae c,B6 iemmeIII8~ 

ry, end therelam the age%t 8udeT the #talllutes for the 

purpose of expedkting appai-*mqa*s or &taries Publio by 

the si3mretaFy or state, nevertheless ,hs ia gfren no auth@rity, whatever in Tsspeot to the mntter of releasiq 

me bcwsman whose suzxmfyahip has been duly consummated ia 

ae~o~ordance al th tile law, 

&au br oM 

It is a familiar principle or 

lia 6 a3 

t& no&d ef o,itation of authorities, that pubfarars have oaLr tlaose powers confer&ed upea them 

by 1-0 

la IWTIF~# cpl bfbieial Bonds (an older text9 

1666) p. 535, sea. 776, it is said: 

*In the abremm Of a statutery pro- 

‘~ vision to that ePi%Wis a surety cannot pn- 

‘w ,fhis release by @rfag notioe to the 

“@b&k@%l rP the bond9 of his desire and iatention to terminate his liability,* 

In that modern compendfur Amcrioaa Jurisprud01104, .Vol, 5Qs pO &Fib, SaOO 37, it is said: 
ln ths aMmBoe or centmqt or 

+#hoorflarqyi 8 surety l&Q 3.4 

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. 
Hoh. Charles D. Bates, Jr., Page 8, V-195 

9q ‘Betaries Public are pubIic offioers of 

the 8tete, aad aa s,uoh, the matter of fitnsaa, for suoh 

offioe is e&m ef publia eonoarn from ahlah it follows 

t&t say &~ezlaa;ll itierbated my I%k,e ~H?~OQJ~ to the Scareta* of State age&nit the appointment. 

100 Your question is very broad indeed, and 

our amwer is necessarily general. There 1s~ an Implied 

limitation embodied in the first sentence of Article 

5949 which authorizes the Secretary of State to appoint 

ti caWsnSe,nt~ number” of Notaries Publio for each aounty 

im the $tet;s* lieurarily, it is implicit in’ this language that the @Wbdl$tWy af State may det,ermina what is 

a *&RMBanient numbaP of Notaries Public for any particular county. If wouLd not be his, duty to appoint more 

tban such determined conveniant number. In the next place, 

if the applicant should be known to the Secretary of State 

to be ment,ally inaapable of perfonaing the duties of the 

office, or if he s,hould~ be known to the Secretary of 

State as one having bsa:n convicted ef a e&a&e which under 

the Law would han.e mad.0 it the duty of the trial oourt 

to rems.ve him f&m any public offioa, held by him at the 

time, we think it certahnLy Uo~ulB be the moral, if not 

the legal duty of the Seeret,ary of State to refuse to 

make the appointman%,. We think it is a wholesome implicatien oh la,w that the pswer fn one to appoint a person 

to pub&$c offiae implies that he shoold not appoint any 

person who ia legally inelilri$ble or, what is perhaps the 

smut3 t&h& r6Ictua1ag p&la or inaofapetant to die- 

,oharga the duties of the offlee. 

rfhe~se i,s no tiuthority for a bandsman of 

a Netary Public to obtain a s&m&erg release 

irom furthex liabilkty en au& bend. A oelypty 

ale& haa mm diaoretien in raeelwinS and forwarding applica,tion fb’r notam appointment $b 

the S:ec,retary ef S&t&,,: b;ut he may and should 

advise the Seoret8ry ef any disquallfioatib 

of the appl,ioant which would render aenfse as 

a public efficer unlawful or impossible. The 

Seerebary of Sta*s could refuse appointment ander ceFtiain conditions o ArtU5949,aa amended,V.C,S. 

Yours very tru1y, 

(BS:WB:jrb 

ATTOm OEIWtAL ‘F 9’lRAS 

*’ %pe& 

Assistant I