3
1 OFFICE OF THE AlTORNEY GENERAL OF TEXAS
0
AUSTIN
.
H~&able'St&sell Rean ' :,
District Attorney
Yiaoo,Texas /
Dear Sir: Attentlonr Mr. ROY
.:. :
‘..
erk of ~03.mnar1
case tha NotsrJ Public has failed
his &me under his signature."
Honorable Stana@ll Bryan, page 2
Seation 1 of House Bill No. S99, Aots of the
47th Legislature, read8 In part as tollowsa
*Notaries Publlo shall have the same authorfty
to take aoknowledgents or proofs of written fnstru-:
.ments,- protests Instruments .pem.lnitted by lrrw,:t.o be .,
protested, administer oaths, a%? t ake depositions,
as is non or may hereafter be cohferred by law qon
County Clerks-, and .provlded further that all Notariee~
Bublio shall print or stamp their nams under their
signatures on all such written izstrucehta, protests
instruments, oaths, or depositions; provided that
failure to so print or stazp t!mir naxes under
their s.ignature+ shall not invalidate such eoknowledg-
nreqt.” :
By ~v.lrtti~~.‘b~.?eqti6n’.aO,,;;8rtla~e i of :&e ‘State
.c0nst~tw&& .titiol:es 2941 a&659&, %&io$S ‘Ann~t.&ed ..;
Civil Statutes, county olerke are aade the recorders ot
their respective oouatias. krtlcle 6592, Vernon’s Annotated
,Cltil Statutes, provides that the seal oi the county court
ohall be: the s&al or the ‘recorder, and shall be used. to
.qul;hehti~.atie~, all .his;.o.~~rfioial:,actr,’
.~.&&~dnzire of the rhirder a$ii%iniste&i;~
(First Uati‘onal Ba& v. blcElroy,’ 112 S. b’. 801). The
statutes ( Artiolee 1941 and 6591, Vernon’s Annotated
Civil Statutes) provide thet each recorder shall record
all instnments of wrltlng authorized or required to be
reoorded in his of’flce without delpy, a&d in the order
in which they have been ds,oslted. It is the duty of the
clerk to see t&i% instruments presented fm reoord are
properly aoknowledged or proved for reoord, and to reoord
all instrmehts so aoknovled@d or. proved ,whl,oh.are entitled
to be recorded in his offioa and. are presented to hia for
that purp~ose. Be may be ~ooqelled by nmdemm to reoord
suoh ah instrmeat . (Hollie Y. Tlkland Corp., 40 3. W. (2d) 63;
Texas Jurisprudenoe, Vat, 36, page 418).
Upon preseat:tlon of an lnstrumeat for reoord, the
olerk must see that it is properly aoknou:ladged; and where
the lnatrment hss bean recorded it wlll be gesuxed, prima
faoie, that he did hl.s duty in this res?eot nhd that the
writing was so aoknovrledged as properly to authorize its
registration. Texas Jurisprudence, Vol. 36, page 440.
-9.
Bonomble Stanaell Bryan, page 3
It will be noted that Bouae Bill !io. 369, eupra,
speolrloally provldea that failure to print or at-p the
name or the notary publfo under his algaature shall not
~~mid~te smh aoknowledgmnt. As above etated, the
duties of the reoorder are ninlaterial , a.?d it i 6 his
further duty to see that 1nstruzzent.s presented for reoord,
ese properly eoknowlea~ed~ or proved for record, and to
reoord all lnstruuenta so aolzowledged w3ic:i are entitled
to be recorded 13 his orflce and are presented to bin ror
that purpose.
Therefore, in view of the foregoing authorities,
we respeotfullp snewsr the above stated quastion In the
arrirziative.