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## E 0 ET GENERAL
c. b.wm OFTEXAS

Honorable

C. 0. Uxdoch Cc'vnt:,

Attdmey, Menard County &nard, Texas Dear Sir: OpinionPC. G-3G35 Be: Ccnstructic6l

of Articles 1970s 302 and 1961Veruon~sRevisedCivil Statutes,

with respectto the terms of the County Court of Menard County.
We beg to acknowledge receiptof your letterof January9, 1941, submitting

the following

question

for our opiniont "Please adviseme in respectto thismattert 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 firstMonday 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 underArtiole 1970-302, which pertained

to the jurisdiction

and term of court of Menard County Court, but in 1929, 'coo years later,

Article 1961 was amendedand 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 October11, 1927, or does it begin on the firstMonday in February, as prcvdedfor under the act of 1929,Article 1961, amended?"

Article 1970-302,

concerning

the countyaourt 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 firstNonday 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 sessionfor six weeks, or until the business may be disposed

of; provided, that the County Conmissioners * Court of Said county may hereafter

changethe terms of said court whenever it may be deemed neoeasary

by said Conmissicnere* Court." ThisAct becameeffectiveJune 6, 1927.

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

Article 1961, RevisedCivil Statutescf 1925, read as followstHonorable C. 0. Murdoch,

page 2 (O-3036)

s~he County Court shall hold at least four terms for both civil and orin& nal businessannually, 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 shallnot change the same until the expiration of one year. Until or unless otherwise provided,

the tew of the County Court shallbe held on the firstMonday in February, Xay, August and November, and may remain in sessionthreeweeks."

Article 1962, RevisedCivil Statutes, 1925, readst "The Comr,.issioners* Courtmay, at a regularterm thereof, by an order entered upon its records, providefor more terms of the CouutgCourt 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, shallbe held, not to exceed six annually, and may fid the length of eachterm. men the number of the terms of the Couuty Courthave been fixed,'the

Court shall not changethe orderbefore 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 CalkedSession, page 107, chapter

48, Section2. The caption

of thisAct reads'asfollowst
cAn Act to providethat all citations and notices issuedby the County Court on applications

for the probateof a written will or for lettersof a-is+ tt%tiOn,

or an appliOatiOn

for the appointient Of a guardian,

shallbe remable to the court from which issuedon the firstMonday 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 serviceof citations; amending

Article 1961 of the Revised Civil Statutes of 1925 80 as to providethat 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 shallbe approved by the presiding

judge every thirty (30) days; repealing Article 1967 of the RevisedCivil 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 RevisedCivil 8tatutes for 1925 be emendedso that the asme shall hereafter read as followst "'Article

1961. The County Court shallhold at hast four terms for both civil and criminal

businessannually, and such other

terms each year as may be fixedby the Comissioners~Court. After having fixed the times of and number of the terms of a County Court they shallnot change the same until the expiration

of one year. Until, or unless othezwise,provlded, the term of the CountyCourt shallbe held on the firstMonday in February, May, August and Bovsmber, and may remain in session three weeks; providedsaid court shallbe 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 theAct givesnotice that Article 1961 is to be amendedonly in one respect, that is, so as to provide that the probate court shallbc open at all times for the transaction of probatebusine6s. As a matter of fact, the only change made by the Legislaturein the terminology of suchArticle is contained in the provisoappendedto the last sentence thereof,as followst 'provided

said court shallbe 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 respectto all othermatters 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 actionby the Legislature respecting

a change in Article 1961 as it existed prior to the time of the passageof the Act of 1929, 6ave that change which the Legislature made by the insertion of the proviso,for the caption givesnotice that the change made by the proviso is the only change that is to be made in saidArticleby said bill.

It followsthat the amendment in 1929 of Article1S61 couldnot 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 GENERALOF TEXAS

RMFtEFtegm APPROVEDFEB 21, 1941 /*/ Gerald C. ldann ATTORREYGEEERALOFTEEA3 By ,f6/ R-W. Fairchild
R. W. Fairchild. Assistmt