Texas Attorney General Opinion: V-108 Page: 1 of 6
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R-142
THE ATTrrimNEY GENERAL
or TEXASPRICE DANIEL
arch 28a, 194xs
March 28, 1947Hon. Clayton Bray
County Attorney
Sutton County
Sonora, Texas
Dear Si:"Opinion No. V-108
Re: Whether a county
surveyor may take
his oath of office
before a Notary
Public of another
county, and related
questions.Your request for an opinion from this office
on the above subject matter is as follows.
"l. ~ar a County Surveyor, duly
elected, quality for the office by sub-
scribing his oath before a Noatry Pub-
lic in another County and mailing said
oath, together with professional bond
and bondsmen, in to the Commissioner's
Court?
"2. If the answer to the above
Ss in the affirmative, what period of
time is necessary before the office be-
comes vacant for non-qualifying, assum-
ing that the situation in 'I', above,
is not present?
". If such elected officer is
hospitalized indefinitely, due to the
infirmities of age and as a result of
an accident, and the probabilities are
that such official will never be able
to enter into the discharge of his du-
ties, will a vacancy be presumed to ex-
ist, notwithstanding the faot that
proper oath and bond has been mailed in
and accepted?
"4. If '3', above, is in the af-
firmative, when and by whom will the ac-
tion be taken to declare the existing
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-108, text, March 28, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264928/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.