The Montgomery advertiser., 1904-09-07
THE JUDGES MAY HOLD
opvNION BY ATTORNEY GENERAL
 oN PROBATE OFFICERS.
r,terfm Between Expiration of Terms and Selection Day Causes Some Doubt Which h
 Removed.


 ', oninions rendered to Governor Cunningham, yesterday Attorney Gen. eral Massey Wilson ruled that Judges of Probate may hold until their suc- cessors are elected and qualified. though their terms expires November a five days before election day, and th.t inc sureties on their bonds are not liable for any time after their terms are over: also that in the coun- lies where inferior courts have been established, the term of officc of the Justices of the Peace, whose jurisdic- tion ia thus provided for, Is termina- ted at the term for which they are chosen.
 The full texts of the two opinions follows:
 Montgomery. Sept 6. 1904. .4on. R. M. Cunningham. Lieutenant and Acting Governor. Capitol: ~"Dear Sir:-I beg to acknowledge the letters of the first and fourth in- stant from the Judge of probate of Lamar County to you. I think it per fectly clear that the Judge of F obate may rightfully hold until their Slcces- .ors are elected and qualified, although their terms, as defined by the law at tbe time of their election, will have expired a short time before successors can be elected and can quality. I col lated the authorities upon which l base my opinion in a recent communi- cation to you relating to the terms of the Justices of the Peace. and 1t is needless to repeat them here.
 Tt Is also clear that the sureties on the bond of Judge Bradley would not be answerable for his good conduct after the Srd of November. Under the ofn af tha of hic al tion, his term would have expired on that date, and his successor must have qualified before that date. (Montgom- cry vs. Hughes, 65 Ala. 201, 3, 1, and 5 H. N, 204s; Lane vs. Kolb, s2 Ala, 636, 645-6.)
 whether or not the recent act re- quiring new bonds, applies to officers whose terms will expire after the time limit fixed in said act for filing new bonds, or whether it applies in any case to officers whose terms have not been expressly extended. is not very clear. Anyway the sureties on the bonds of the Judges of Probate will be liable for defaults up to the 3rd of November. and even If such Judge should give new bonds for the short time that will intervene between the expiration of their terms and the qual. ification of their successors. no in~ jury could result, if such bonds are filed at any time before November 3rd.
 "Very respectfully
 Massey Wilson.
 Attorney General"
 Montgomery Ala. Sept. 6, 1s04 Hon. R. M. Cunningham. Lieutenant
 and Acting Governor. Capitol:
 Dear Sir:-In the matter of the terms of those Justices of the Peace whose off1es have been abolished and in lieu thereof an inferior court estab. lished. I wrote MT - Judge of such an Inferior Court of -, on a recent date as follows:
 The act to establish an inferior civil court in - County, provides, in section 14. that upon the expiration of the term of office of the Justices of the Peace of N County. causes pend- ing in the courts of such Justices shall be transferred to the Inferior Court. By the expression, expiration of the term of office,'' as used in the local act, think Is meant the expiration of the term as fixed when the Justices are elected. The legislature having provided a court for the transaction of the business formerly done by these Justices, I do not think it could be said the legislature meant to contin- ue them in office until the November election.
 'Very respectfully.
 Massey Wilson.
 Attorney General"