The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-06-11


tore MIN within ten days pay for his
commission and qualify according 10 law,
etc quarry nov? simply by executing
inc pond and taking ana subscribing ihs
required oath Then the execution OF the
poua, pE signing the same ny the prlncipal
ana the suretIes and acknowledging 1t, II
necessary 10 be- Acknowledged, must be
q part of the qualifying of the notary
For This together with the other services
rendered by the clerk in administering the
an, the law says the clerk shall receive
nity cents or as stated IN my former
opinion, the term quality as used in
the Ice OIL includes all Hrvtces rendered
ny the clerk except approving the BOND
ana here add that am OF the opinion
thai for he fee of fifty cents allowed for
qualifying a notary, the notary is entitled
10 the services Of the clerk in all re
spectS required To perfect such quallnca
| tlon, outside OF the approval OF the BOND
Tor which nifty cents Is allowed.
lhe statute IN regard to fees aliowel
/ county clerks is generally specihc' II
/ the conclusion above stated is not within
/ he intention of the legislature, why was
/ 1t not provided that county clerks should
/ receive, IN addition to the two items speci-
/ ued, The several others insisted upon
such was not done and | believe the
legislature did state specihcally tho teeS
/ which can legally be required OF the mo-
'aty upon his qualification
/ As 10 recording the bond in the opln-
ion rendered few days since It was said
the recording Of the bond constitutes no
part of the qualification of the notary
and that the notary can not be required
10 pay for it, In regard to this question
many letters have been received from
county clerks calling attention 10 that
portion OF article 245I which provides for
4 recording all papers required or per-
mtted by law to be recorded, not other
wise provided for, includl-g certificate and
seal, for each one hundred words, 10
cents" In my former opinion ! state that
the recording of the bend is duty on the
part of the clerk subsequent to the quail
fcation.
In other words. | hold that when per
son appears before the clerk, executes ms
bond and takes and subscribes the oath
he should at once receive his commission
and Immediately becomes a qualified no
tary public from the moment these pre-
requisites are performed and the very
: next moment he can enter npon the du
, ties of his office. That so far as the mat
ter OF qualifying is concerned the re
c9rdlng or the hond is or no consequence
e whatever, and II not. then under the Law
, The notary can not be required TO pay 10
Z y. But 1t Is not eontended thal the clerl
/ shou'i go unremunerated Tor inns service
In fact, think our statutes clearly con
/ template mat ne shali be PAID therefor
But how? 1t has been said that as IN
notaries are the benehelaries, they shoul
! pay for the recording OF ne bonds
make issue on the proposition that IN
! notaries are the oeneiiciaries' IT Is lmma
n terial to the notary whether the bono
d recorded or not or IN tact mat II was r't
c executed, except for the purpose OF per
Z fecting his qualification. The bond
! conditioned for the faithful performanC
i OF the duties OF ms once rms tor IN
protection OF me pupllc, the people. or IN
n individual injured by any miscondus's
it The OFFICER Hence this contention Is uf
u Il NAV, no eaid tb,t a1r,,ovt overv ofer
" - "'"' ~ 1870 -