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

glon which for the past hve years have yet
your paper ! see that Mr.. Smith, attorney
general has ruled
l. That notaries must pay to the State
81 fol- a commission
2 That they are required to pay but
81 additional fees to county clerks, that is
to say that clerks are allowed so cents for
approving notarial bonds and 30 cents for
qua lifying notary puzzle,
In reply to the above | would like to
ask Mr. Smith if he has ever read article
/ 2457 of the Revised Statutes. and II he has
ever read articles i5lS, 247S and S504, or if
| he has ever read section IA, chapter - If
the general laws of Texas, 1897? If he has
| read article 1904, Revised Statutes, he will
see that each notsrial bond requires three
Acknowledgements. II he has read article
2472 he Will see that the clerk is to charge
/ 80 cents for each acknowledgment. If he
I has read article 2457 he will find this
clause.
Recording deeds, bills Of sale, deeds Of
\ trust powers of attorney, etc., all papers
required or permitted by law to be record
ed not otherwise provided by law for in
GLIDING certificate and seal, each 100 words
10 cents
If he has read section "a, chapter 3, OF
the general laws OF Texas. 1897, he Will
find that any officer who fails to charge
or remit any fee required by law shall re
deemed guilty of a mlsdemeanor aud shall
be fined in any sum not less than va non
more than $500
According to the above ! find that the
clerk must charge for three acknowledG'
/ ments $l.50, possibly So; qualifying no
tary. 30 cents; approving bond 30 cents
recording bond, 80 cents; total. 81 Article
= 2i5i
Now don't you think Mr. Smith has tSc
clerks Lelwoen the devil and the deep blue
SEA? On the one side they have his ruling
that they shall only charge 81 for quail-
= flying a notary. on the other the law says
. that they shall charge S. or be hDed any
sum from S25 to $500.
. Query Who shall guide US, Mr., Smith
or the statutes? Yours truly,
F. NJ Howard
County Clerk Of Bee County, Texas.
understand that this letter was prompt
= ed by an opinion rendered by the writer OF
y tt is which was published IN the newspl
4 pers of May 81 and this communication is
not for the purpose of entering INTO u
n newspaper controversy. but that 1t may
:, serve to answer yours as we'll ds the mary
y letters received from county clerks in
volving the same question, / might pref
ace this with the remark that If the conn
a ty clerk OF Bee county had read artlcl'
. 1855, Revised Statutes of 1880 and arlloI
95e Penal Code, he would have learned
- that there are penalties for demanding anc
receiving higher fees than are prescrlbs'
=, by law, But I refrain from injecting an
- such acrimonv into this communication
IL and only seek TO discuss the question II
hand free from passion and prejudice, &C
>, string TO aim only at the true meaning an
a. Intent Of the law Your first proposltiol
is that if the attorney general mas rei
= article 1904, Revised Statutes, he Will Sc
that each notarial bond requires three a.
Embellishments" I have carefully reat
{ this article. and nowhere in 1t find tina
az each notarial bond requires three ac
IA embellishments" Indeed, there is not a
~ intimation that such is required, unless
-, be that the bond is recorded. There Is n
a question OF notice involved as in the cas-
40 of deeds, Then, without passing upon IN
tr necessity of the Acknowledgements, tor ~
- purpose of this communication such neces
,,g sity may be admitted II may also be az
=, g mitted that the clerk Is authorized 10 IAN
Il acknowledgements and that he is to chars
80 cents for each when permitted by ia
., 10 make such charge. II is evident 10
=, that article 245I contains the provision l'
nd recording all papers required or per
"a mitted by law to be recorded, not olhe'
Nv wise provided for including certificate al
=. seal. each 100 words. 10 cents You So
" according to the articles quoted by "
'9 the clerk must charge for these acknoW
-. edgments $3.50, possibly So; qualifying I
notary so cents; approving bond, 90 cent
recoI ding bond 80 cents: total, 80. lhe
items together with the 81 to be paid I
G the commission make the sum total OF
y to be paid by the notary upon his quail
cation. In the opinion rendered by Il
department on the 30th utimo 1t Yves ~
~ that the notary could only be required
pey: Fer the commission, 81; and 70 :
clerk for approving tire bond. so cents;
qualifying the notary, so cents; total,
OF Then the question raised by you is sh
the notary. in addition to this sum OF
nay for tho acknow Judgments to the DO
and for recording the bond
First, as to the acknowledgements-
n statute provides that the clerk shall
ceive for qualifying a notary public fl
"e cents" This brings in question the mea
OF ing Of the word Qualifying as here US
INT what constitutes qualification. This
lay generally consists OF the taking, and on
OF subscribing and fling, OF an chic
lie. oath. and. in many cases of the giving
an official bond in such penalty a
las, with such sureties as the law prescribe
81 Me ,hem's Public OFFICES and Officers, s
raj ton 254 Our legislature seems TO hi
en- flowed this idea in providing Tor
ad execution OF 2 bond, and the taking 6
ION subscribing OF an oath by the person
hat string 10 qualify as a notary public AZ
ght Gle 1916 provides that When a notary
1t, appointed the secretary Of state snail
did ward the commission to the clerk OF
,ars county court of the county where
party resides. and the said clerk shan
In mediately notify said party to appear