Untitled Texas Attorney General Opinion ( 1953 )


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  •                           July   lb,   1953
    Hon. William li, Scott                 Opinion    No. S-‘(0
    Criminal   District Attorney
    Civil  Courts Building                 Re:    Authority   of   justices     of
    Houetan 2, Texas                              the peace    in Harris
    County to retain     fees
    collected    as Notary PublJc,
    as local registrar      and
    fees collected    for the
    :!erformance   of marriage
    Dear   MJ?. Scott:                            ceremonies,
    You have requested          an opinion     on the authority
    of justices       of.~ the peace in Harris        County to ,retain        fees
    collected     as Notary Public,          as local    registrar,       and for
    the performance         of ma.rrlage ceremonies.           Section     11 of
    House Bill       671 of the 53rd Legislature            provides      that the
    salary    and other compensation           contained     in this Act ehall
    be In lieu      of all .other salaries         a,nd compensation         now
    received     by an jl$Wrlct,         county or jrecjnct          officer.
    Subdivision       (cy&.     Sect?on    19 of Article       3912e, Vernon’s
    Civil    Statutes,      provides    that “In countles        where the
    Commissioners’         Court determine      to place t.he Justices            of
    the Peace on a salary           bnsls the Justice        of t.he Peace
    shall receive         In zddition    thereto    all fees,       commlssions,
    or payments for gerformine:           marriage ceremonies           and for
    acting    a% Registrar       for the Board of Vital          Statl.at.ics
    and when actlnC: as Ex-officio             Notary Public,”          House
    Bill    671 of the 5jrd Legislature,            beJ.ng a lxter        Act of.
    the Legislature         repeals   Section     19 of Article       3912e In-
    sofar a8 it is in conflict,               Therefore,     the remainirx
    question     for determination         is what fee8 constitute            as-
    oo.untable     fees of office,
    Az~-tI.clo.-~~.:~O:~
    p Vernon Fs Civil     Statutes,,   authoTTee9
    justices     of the.~p;kace to perform marriage ceremonies.               No
    fee Is provided        for this service,       Artl.cle   3891, Vernon”s
    Civil    Statutes,     provides    that marriage ceremony fees that
    may be oollected         by a justice    of the peace are not accahnt-
    able al a fee of office,            ThereSore,   such fees,     i,f coll,8Cte,d
    ,
    Hon,‘Wllllam   Ii. Soott,   pa& 2 (S-7;)
    by a .justice of the eace, may be retained by him.
    More v. ShepQard, 1g4 TM 537, 1 
    2 S.W.2d 559
    (1946);
    Att’y C)en. Ops. 6-14 (19473; O-323 II (X&2)*
    Feea paid justloes      of the peaoe aotlng as
    local registrar    of births atid deaths are aooountabli
    as fees of offloe.,and    therefore   cannot be Fetalned by
    him. Att’y Qen. 0~. V-1019 (1950).
    Artlole  2376, Vernon’s Civil Statutes,   provides
    that each juatlce of the peace nhall be commissloned a8
    Exdfficlo    Notary Public of his county.   We have been
    unable to flnd any authority on the question whether the
    statutory   notary fees oonatitute  a fee of office   for
    the justices    of the Qeaoe and should be aooountable as
    such*. However, we believe that slnoe It is not a manda-
    tory duty placed on the jwrtioes of the peace to Qerforal
    notary mrrioc?w ?or rhich rtatutory feer are provided
    that ruoh fear o$m#titutefeewfor maonal         sez@vloee
    whioh racy$e mg%yked 'bathe &&foes OP the peace.&&
    5-e OQDar 4          *    .
    SUMMARY
    Fees collected   by justices   of the
    peaoe compensated on a salary basic aa local
    reglsttiar  cannot be retained by him in addi-
    tion to hia ealary provided in Houde Bl>l
    671 of the 53rd Legislature.        Moore v*
    She ard 144 Tex, 537, 192 S.-g                 (1946);
    &* y en* Ops. V-14,(1947);         O-3234 (1942).
    Fees collected     for the performance of marriage
    ceremonies and fees collected       as Ex-officio
    Notary Public may be retained by justices         of
    the peace in addition to his ealary provided
    In House I3111 671 of the 53rd Legislature.
    APPROVED:                             Yours very truly,
    B* Duncan Davis                       JOHNBEN SHEPPERD
    County AfPalrB  D+vlsion              Attorney General
    Wlllls E. oresham
    Reviewer
    Burnell Waldrep                          John Reeves
    .
    Executive Assistant                            Assistant
    John Beri5.Sheppei?t$
    1”,
    Attorney “General ”
    JR:am                                                         c
    

Document Info

Docket Number: S-70

Judges: John Ben Shepperd

Filed Date: 7/2/1953

Precedential Status: Precedential

Modified Date: 2/18/2017