Untitled Texas Attorney General Opinion ( 1953 )

Hon. Geo. W. Cox, M.D. State Health Officer State Department of Health Austin, Texas Opinion No. S-59 Re: Authority of the judge of the new special probate court in Galveston County to act on delayed registra- Dear Dr. Cox: tions of births and deaths. You have asked substantially the following question: Whether-or not House Bill 477, Acts of the 53rd Legislature, transfers the juris- diction for delayed registration of births and deaths from the county court to the newly created probate court of Galveston County. Section 2 of House Bill 477, Acts 53rd Legis- lature, Chapter 187,,Page 521 (Art. 1970-342, V.C.S.) states: 'The Probate Court of Galveston County shall have the general jurisdiction of a Probate Court within the limits of Galveston County, concurrent with the jurisdiction of the County Court of Galveston County in such matters and proceedings. It shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis and com- mon drunkardsf grant letters testamentary and of administration, settle accounts of executors, transact all business appertain- ing to deceased persons, minors, idiots, lunatics, persons non compos mentis and common drunkards, including the settlement, Hon. Gee. W. Cox, M.D., Page 2 (S-59) partition and distribution of estates of deceased persons, lunacy proceedings and the apprenticing of minors as provided by law." In 39 Texas Jurisprudence 188, Statutes, Sec- tion 100 it is stated: "The maxim Ex ressio unius est ex- cluslo alterius -F------ The expression ‘oyoz -1s exclusive of another) is said to be a-logical, sensible and sound rule of construction; and it has been frequently applied in the construction of statutes as well as in the interpretation of other documents. The maxim signifies that the express mention or enumeration of one per- son, thing, consequence or class is tanta- mount to an express exclusion of all others. . ." Section 2 of House Bill 477, Acts of the 53rd Legislature above quoted enumerates the authosity and jurisdiction of the newly created probate court of Galveston County. The general provision relating to jurisdiction is limited to the specific type of juris- diction enumerated in Section 2. The jurisdiction for delayed registration of births and deaths is nowhere mentioned, or implied, in said bill. We are therefore of the opinion that the pro- bate court of Galveston County does not have jurisdic- tion over delayed registration of births and deaths and that jurisdiction of such matters remains with the county court of Galveston County. SUMMARY The judge of the new special probate court of Galveston has no authority to act Hon. Qeo. W. Cox, X.S., page 3 (S-59) on delayed registrationsof birtha and deaths. Yours very truly, APPROVED: JOHW BIENSHEPPWD Attorney General J. C. Davis, Jr. County Affairs Diviaion C. IC.Richards By &k-e,&+ Reviewer Sam C. Ratliff Assistant Burnell Waldrep Executive Assistant John Ben Shepperd Attorney General SCR:am