Act reads'asfollowst
cAn Act to providethat all citationsand noticesissuedby the County Court on applicationsfor the probateof a writtenwill or for lettersof a-is+ tt%tiOn,or an appliOatiOnfor the appointientOf a guardian,shall be rem- able to the court from which issuedon the first Monday after the sewice is perfected,and said returnabledate shall constitutethe tens of the probate court for action on said application;providingthat the time be gixed for serviceof citations;amendingArticle 1961 of the Revised Civil Statutesof 1925 80 as to providethat the probatecourt shall be open at all tties for the transaotionof probatebusiness;amendingArticle 1965 so as to provide, that the probateminues shall be approvedby the presidingjudge every thirty (30) days; repealingArticle 1967 of the RevisedCivil Statutesfor 1925, and all other laws in conflictwith this Aot; and declaringan emergenoy."
Section2 of this Act reads as follows,
"ThatArtiole 1961 of the RevisedCivil 8tatutesfor 1925 be emendedso that the asme shall hereafterread as followst
"'Article1961. The County Court shall hold at hast four terms for both civil and criminalbusinessannually,and such otherterms 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 expirationof one year. Until, or unless othezwise,provlded, the term of the CountyCourt shallbe held on the first Monday in February,May, August and Bovsmber,and may remain in session three weeks; providedsaid court shallbe open at all times for the transactionof probatebusiness." HonorableC. 0. Murdoch,page 3 (O-3035)
Itwlll be observedthat the captionof the Act gives notice that Article 1961 is to be amendedonly in one respect,that is, so as to pro- vide that the probatecourt shall bc open at all times for the transaction of probatebusine6s. As a matter of fact, the only changemade by the Leg- islaturein the terminologyof such Article is containedin the provisoap- pendedto the last sentencethereof,as followst
'providedsaid court shall be open at all times for +heWansaotion of pro- bate business.*
As a matter of fact, and of law, the emendmentin 1929 to Article 1961, with respectto all othermatters save that containedin t$e proviso referredto above,merely continuedin full for ce and effect the provision6 of Artiale1961 as they had thcregoforeexisted. In truth,the captionof the bill would supportno other actionby the Legislaturerespectinga change in Article 1961 as it existedprior to the time of the passageof the Act of 1929, 6ave that changewhich the Legislaturemade by the insertionof the proviso,for the captiongivesnotice that the changemade by the provi- so is the only changethat is to be made in said Articleby said bill.
It followsthat the amendmentin 1929 of Article1S61 couldnot have the effect of changingthe time for holdingthe tens6 of the County Court,of Menard Countyfrom that theretoforefixed by the Commissioners' Court under the authorityof existinglaws. Your6 very truly
ATTORNEY GENERALOF TEXAS
By ,f6/R-W. Fairchild
R. W. Fairchild. RMFtEFtegm Assistmt
APPROVEDFEB 21, 1941 /*/ Gerald C. ldann ATTORREYGEEERALOFTEEA3