Untitled Texas Attorney General Opinion ( 1945 )

OFF”ICE OF THE RiTORNEV GENERAL OF TEXAS
AUSTIN
OReVaR em.l.LRI .
-
.+y*c* oc*r”rr
~oa;rable Chcrles II.Theob?ld '.
County :'lttwaey
Galveston county
Gslveston, Toxos
Dear Sir: .. ..,' Form to be
of this depertmnt on the
'0s follows:
or3n OS notioe
fee, ii my,
ed to aharee Sor oend-
se appointed. etc.
ears to apply to regular notices
rub&e netters ami other instenaes.
County Clerk states that ii he
egular fomel notlce to those eppointed
es Fubllc setting out the time in which they
nust queliiy, do., thet he Would be entitled to
the 75$ fee in oeoh instanoe.n
690
eon. Charles H. Theobald, page 2'
'krticle59A9, Ver.non'aAnnotated Civil Statutes,,
Is In port as follower
.' ..
Any ptrson be&ring sppOintm8nt es :~
9.
Notnrp Publie~chall furnish to the County Clerk
of the oouuty OS ~res~ldenoe,of th8 applioent his
nme 6s it will be ueodlIn acting as suoh f?otery
Publlo, his post office addreos, and shall eatis-
Sy the Clerk that ho Is at l8aa.ttwenty-one (21)
yeers OS age an& e resident OS the County for
which such ap?oIntment is~sought. The names of
all such pcrsons shell be sent Sorthwith In
.UuplIcate by the County,Clerk to the Eearetsry of
State with the,oertISIcate .oSthe County Clerks
. oertiiying that aooorslng to the Iniormotion Sur-
nish8d him such person Is eligible forappoIntm6nt
a8 Notary Public for such county. The 2eoretary
of ~Ttateshall'aot upon all suoh nemes SUbDiitt8d
at the earliest praotioable time an% notify'the
County Clerk whether such appointment or appoint-
meats have bsen made. Upon reoeioing notioe from
tha Cearetary OS state oi any suah ep>ointment the
County Clork shall forthwith notiiy all persons
80 appointed to appear beioxe hLm within ten (10)
daya from th8 date of suah notice (but not before
the first day of June oS o&l numbered peers In the
ease of eppointmentsfor the tern beginning on such
date of re-appointments hereInaSter pr,ovIde&for)
and,quallfy aa hereinaftor prwided.: The appoint-
ment of eny person'failing to qualify within suoh
ten (10) day period shall be void, an4 If any such
Person desires thereatter to qualISp, his name shall
be resubmitted In the same manner as hereinabove pro-
vided.
'4. At the tine af .suoh quelitioetlcn the County
Clerk shall aolleot the fsos ellolvedhim by law for
admInlaterInn,the oath and.apr.rovingahd fIlInC the
bond of suoh Notary fublic, together %Ith the fee el-
lovied by law to the Teoretary of Ptate for Isouing
a oamnisslon to suoh Notary Public. . . ."
Artlols 3930, V. d. C. L, provides in pert!
*tClerkc OS the County Court s:.allreoeive the
follo&ng fees; . . . . Issuing notIc66, Including
oopies for gostlne; or publication 75$.?
I
..
.: 692
- .._.._ . _.
van. Charles n. Theobald, page 3
.
It ~A.11be noted that Artiole 5949 presoribes no
perticuler Scrn of notioe that the Couuty Clerk must u;seein
s&Sying persons who ere appointed sotaries Publlo.
rtatute merely provides that upon rcoeiving notloe from the
‘FeoretaryOS Ztatc for eny such appointment the County Clerk
shall forthwith notify all persons so appointed to appear
before him within ten days iron tho date of such notice but
sot beSort the Slrst day of June of odd numbered years in the
Osse of eppointmant Sor the tern beginning on such date or
re-sppointuent as provided by the statute and qualify es pro-
vided by said Article 5949. It is our opinion that the notice
of the County Clerk ,to those who ere appointed Hotariea Publio
1s not tine type of notice oontempleted by the Legislature when
. Article 3930 was enaote’d. It is our further opinion thet
Article 3930 does not provide any compensation for issuing.the
notioe required by Art. 5949.
Generally epeeking, it ia wel.1estebli8hed that
an offloer is not entitled to eny compensation inaddition to
that whioh has been fixed by lew for the performance of the
duties of his oftioe, even though the ocmpensation so fixed
1s uhreasonable or fnadequate. Ee may be required by law to ~-
be noted that ge6. 4 OS Art. 5949 spe~ifloally
St ,$2rl.
Provides that the County Clerk shall colleot the fees ellowed him
by law for adminlsterina,the oath and epprovlng an3 i’lling the
bonds OS Notaries Public, together with the fee allowed by law to
the T-ecretoryof State for issuing a~ co~!L”j.ssioc
to a Notery Public.
This provision of the statute does not provide any oompensation
tor giving the notice required by Sea. 3 of Art. 5949 heretofore
quoted.
Answering the questions nnder oocalderetlon, you are
edvised th,atit is our opinion that the ststutcr presoribes no
son. Charles 8. Theobald, page 4
.
particulariom to be wed by the County Clerk in giving
the notlco to those who are appointed Notaries Publlo ae
rrqulredby Eeo. 3 of Art. 5949. It is our further opinion
that no legs1 oharge ocn be Dade by the County Cler!cfca-
4111043 ouoh @OtiCe.
Yours very truly
ATTORNET QENZR+LOF TESS