A ,? 

E 0 ET GENERAL 

c. b.wm OFTEXAS 

Honorable C. 0. Uxdoch 

Cc'vnt:, Attdmey, Menard County 

&nard, Texas 

Dear Sir: Opinion PC. G-3G35 

Be: Ccnstructic6l of Articles 1970s 

302 and 1961Veruon~s Revised Civil 

Statutes, with respect to the terms 

of the County Court of Menard County. 

We beg to acknowledge receipt of your letter of January 9, 1941, 

submitting the following question for our opiniont 

"Please advise me in respect to this mattert On October 11, 1927, the minutes of the Commissioners' Court show that the Commiasicnere~ Court set the 

term of the County Court to begin the first Monday in January of each year 

and to run for six weeks or until all business had been taken care of, and 

this I presume to have been done under Artiole 1970-302, which pertained to 

the jurisdiction and term of court of Menard County Court, but in 1929, 'coo 

years later, Article 1961 was amended and it has a provision pertaining to 

the tenns of County Courts, whioh reads as follows: . . . 

"Questionr- Does the term of Court, the County Court of Menard, the regular 

Uern begin the first kiouday in January as provided for by Article 1970502 and 

the act of the Conmissioners * Court referred to above, done on October 11, 

1927, or does it begin on the first Monday in February, as prcvded for under 

the act of 1929, Article 1961, amended?" 

Article 1970-302, concerning the county aourt of Menard County, contains the following provisions 

“Sec. 8. The term of said court shall commence on the first l&day in January, and on the first Nonday in May and on the first Monday in August and the 

first Monday in November of each year and each of said tenas shall continue 

in session for six weeks, or until the business may be disposed of; provided, 

that the County Conmissioners * Court of Said county may hereafter change the 

terms of said court whenever it may be deemed neoeasary by said Conmissicnere* 

Court." 

This Act became effective June 6, 1927. 

Prior to the Aot of 1929, referred to in your letter, Article 1961, 

Revised Civil Statutes cf 1925, read as followst 
Honorable C. 0. Murdoch, page 2 (O-3036) 

s~he County Court shall hold at least four terms for both civil and orin& 

nal business annually, and such other teme each year as may be fixed by 

the Cormnissionerst Court. After having fixed the times and number of the 

terms of a County Court they shall not change the same until the expiration 

of one year. Until or unless otherwise provided, the tew of the County 

Court shall be held on the first Monday in February, Xay, August and November, and may remain in session three weeks." 

Article 1962, Revised Civil Statutes, 1925, readst 

"The Comr,.issioners* Court may, at a regular term thereof, by an order entered upon its records, provide for more terms of the Couutg Court for the transaction of civil, criminal and probate business, and fix the times at which 

each of the four term required by the~Constitution, and the terms axoeeding 

four, if any, shall be held, not to exceed six annually, and may fid the 

length of each term. men the number of the terms of the Couuty Court have 

been fixed,'the Court shall not change the order before the year from the date 

of entry of the original order fixing such terms." 

As you point out, A+d.ele 1961 was amended by the Acts of 1929, of 

the 4lst Legislature, First Calked Session, page 107, chapter 48, Section 2. 

The caption of this Act reads'as followst 

cAn Act to provide that all citations and notices issued by the County Court 

on applications for the probate of a written will or for letters of a-is+ 

tt%tiOn, or an appliOatiOn for the appointient Of a guardian, shall be remable to the court from which issued on the first Monday after the sewice is 

perfected, and said returnable date shall constitute the tens of the probate 

court for action on said application; providing that the time be gixed for 

service of citations; amending Article 1961 of the Revised Civil Statutes of 

1925 80 as to provide that the probate court shall be open at all tties for 

the transaotion of probate business; amending Article 1965 so as to provide, 

that the probate minues shall be approved by the presiding judge every thirty 

(30) days; repealing Article 1967 of the Revised Civil Statutes for 1925, and 

all other laws in conflict with this Aot; and declaring an emergenoy." 

Section 2 of this Act reads as follows, 

"That Artiole 1961 of the Revised Civil 8tatutes for 1925 be emended so that 

the asme shall hereafter read as followst 

"'Article 1961. The County Court shall hold at hast four terms for both 

civil and criminal business annually, and such other terms each year as may 

be fixed by the Comissioners~ Court. After having fixed the times of and 

number of the terms of a County Court they shall not change the same until 

the expiration of one year. Until, or unless othezwise,provlded, the term 

of the County Court shall be held on the first Monday in February, May, 

August and Bovsmber, and may remain in session three weeks; provided said 

court shall be open at all times for the transaction of probate business." 
Honorable C. 0. Murdoch, page 3 (O-3035) 

Itwlll be observed that the caption of the Act gives notice that 

Article 1961 is to be amended only in one respect, that is, so as to provide that the probate court shall bc open at all times for the transaction 

of probate busine6s. As a matter of fact, the only change made by the Legislature in the terminology of such Article is contained in the proviso appended to the last sentence thereof, as followst 

'provided said court shall be open at all times for +heWansaotion of probate business.* 

As a matter of fact, and of law, the emendment in 1929 to Article 

1961, with respect to all other matters save that contained in t$e proviso 

referredto above, merely continued in full for ce and effect the provision6 

of Artiale 1961 as they had thcregofore existed. In truth, the caption of 

the bill would support no other action by the Legislature respecting a 

change in Article 1961 as it existed prior to the time of the passage of the 

Act of 1929, 6ave that change which the Legislature made by the insertion of 

the proviso, for the caption gives notice that the change made by the proviso is the only change that is to be made in said Article by said bill. 

It follows that the amendment in 1929 of Article1S61 could not 

have the effect of changing the time for holding the tens6 of the County 

Court, of Menard County from that theretofore fixed by the Commissioners' 

Court under the authority of existing laws. 

Your6 very truly 

ATTORNEY GENERAL OF TEXAS 

RMFtEFtegm 

APPROVED FEB 21, 1941 

/*/ Gerald C. ldann 

ATTORREYGEEERALOFTEEA3 

By ,f6/ R-W. Fairchild 

R. W. Fairchild. 

Assistmt