THE ATTORNEWGE;VEXZAL 

OFTEXAS 

Honorable W. C. Lindsey 

Criminal mstrlct Attorney 

Opinion No. C- 258 

Jefferson County Courthouse Re: Should a county clerk acBeaumont, Texas cept for recording in the 

Deed Records,a certified 

Attention: James M. barrls, copy from a court of record 

Assistant upon which the Clerk of said 

court ha8 stamped the court 

seal with a rubber stamQ,and 

Dear Sir: related question. 

We are In receipt of your request for opinion from 

this office wherein you QrOQOUnd the following two queatlons: 

“1. Should a County Clerk accept for recording In the Deed Records a certified copy from a 

court of record upon which the clerk of said court 

has stamped the court seal with a rubber stamp? 

“2. Should a County Clerk accept for recording In the Deed Records an instrument from a sister 

state where the seal of the Notary Public has not 

been affixed but merely stamped?” 

We shall proceed to answer your questions In order 

as shown above. Your request indicate5 that some county clerks 

within this atate have forwarded copies of documents certified 

by them to your county clerk for flllng where the court seal 

was stamped on the copy with a rubber UtamQ rather than by lmpressing the seal. Articles 1948 and 1966 of Vernon’s Civil 

Statutes state a8 follows: 

“Art. 1948. Shall use seal 

Where In any county a joint olerk shall have 

been elected, he shall, in performing the duties of 

count clerk use the seal o 

Afffficlal aots as 

added. I 

"Art. 1966. Seal of the court 

Each county court shall be provided with a seal, 

having engraved thereon a star of five points In the 

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Honorable W. C. Lindsey, page 2 (c-258) 

center, and the words, 'County Court of . . . . . . . . 

Article 1966 In mandatory language requires the 

county clerk to Impress the seal of the court on all processes in order to duly authenticate official acts. There 

1s no provision for the use of a facslmlle of the seal, 

such as a rubber stamp. We therefore advise you that a 

county clerk may properly refuse to accept a certified COQy 

of an instrument from another court wherein the official 

seal of the court was not impressed. 

In connection with your second question, we are 

advised that several Instruments executed in California and 

New York have been sent to Jefferson County for recording In 

the Deed Records In which the notary public taking such acknowledgment used a rubber stamp which denoted his seal of 

office. 

Article 6602, Vernon's Civil Statutes, specifically 

enumerates those officers, both within and without this State, 

who may take acknowledgments of Instruments of writing for 

record In Texas. A notary public of another state may acknowledge Instruments to be filed for record In Texas. Article 6603, 

V.C.S., requires that the notary, be he within or without Texas, 

affix his seal of office thereto as follows: 

"The acknowledgment of an Instrument of writing 

for the purpose of being recorded shall be by the 

grantor or person who executed the same appearing 

before some officer authorized to take such acknowledgment, and stating that he had executed the same 

for the consideration and purposes therein stated; 

-land the officer taking such acknowledgment shall make 

a certificate thereof, sign and seal the same with 

his seal of office." (Emphasis added.) 

_~ 

Article 6606, V.C.S., states that: 

"An officer taking the acknowl.edgment of a deed, 

or other instrument of writing, must place thereon 

his official certificate, signed by him and given 

under his seal of office substantially in form as 

hereinafter prescrlbed.d (Bnphasis added.) 

Article 6607, V.C.S., sets forth the form of the certificate 

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Honorable W. C. Lindsey, page 3 (C-258) 

of acknowledgment, as follows: 

"The form of an ordinary certificate of 

acknowledgment must be substantially as follows: 

'ItThe State of 

"'County of 

, 

I 

"'Before me 

f 

here insert the name 

and character of the officer on this day personally 

appeared - known to me (Or proved to 

me on the oath of ) to be the person 

whose name is subscribed to the foregoing instrument 

and acknowledged to me that he executed the same for 

the purposes and consideration therein expressed. 

thls "(Seal) d;F~ under my hand and seal of office 

(Rmph~ded.) 

, AJJ l 0, . 

It Is noted that In all of the above quoted articles, 

that where a seal is mentioned, it pertains to the seal of the 

particular notary public acknowledging the instrument. When a 

notary has placed his seal of office on the instrument of wrltlng and has subst.aiiFially complied with Article 6607, regarding 

the form of acknowledgment, the instrument should be accepted 

by a county clerk of Texas for recording In the Deed Records. 

We therefore advise you that a county clerk should 

accept for recording ,ln the Deed Records an instrument executed 

In a sister state where the notary public taking such acknowledgment used a rubber stamp to denote his seal of office if 

such rubber stamp is the notary's official seal in such smte. 

P doubt exists as to the validity of such seal, the clerk 

may require that the seal of the notary public of such sister 

states be authenticated. 

SUMMARY 

A county clerk should not accept for recording In the Deed Records a certified copy from 

another court of record where the seal of the 

court has not been affixed thereto. 

A county clerk should accept for recording 

in the Deed Records an instrument from a sister 

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Honorable W. C. Lindsey, page 4 (C-258) 

state where the seal of the notary public conforms with the requirements of such sister state. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

Byagdk" L 

F. C. Jack Goodman 

Assistant 

FCJG/fb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

George Black 

Howard Fender 

W. E. Allen 

APPROVED FOR TRE ATTORNEY GENERAL 

By: Stanton Stone 

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