Untitled Texas Attorney General Opinion ( 1944 )

6FFlCE OF THE AmORNEY GENERAL OF TEXAS
AUSTIN
Honorable Cullen B. Vame
County Attorney
Jaokson County
ltdna, Texas
Dear Sir:
@&‘/ 4606 R.C.S.) provides
the return muat be made
performed, but I have
d any statute or dealsion
which the rites of
after the laau-
Articles 4604 and 46040, Vermonta Annotated Civil
Statutes, respectively provide:
“Persons who desire to marry shall pro-
oure from the County Clerk a lloense direoted
.
Honorable Cullen B. Vance, Page 2
to all persons authorized by lav to celebrate
the rites of n@trimOnY, which shall be auSSl-
clent authority to celebrate suoh marriage,”
“Before the County Clerk shall issue any
marriage lloenme the man shall produoe a oec-
tlfioate from a reputable lioemed phyalolah
to show that he 18 free Sron all venereal
dlsea8es. * (Bnphasls ours)
AU a general rule, when a statute preearibes no
time v1th.h vhloh an aOt met be done, then the act rhould
be done within a reasonable time.
We have still a Further basis. In our opinion
No, o-5755, dated December 23, 1943, we said1
* , . * .
“It vi11 be noted that the foregoing etat-
ute prescriber no time that the oertlfloate
from a reputable liceneed physiolan shall re-
main valid for the Purpose of 18suing a mnrriege
license. Oenerally speaking, when a statute
prescribes no t-e v1W.n vhiOh an sot must be
done, then the sot should be done within a rea-
sonable time.
"what Is a reasonable time within whlah m
act must be done OFddinsrily means 80 muoh time
as is neaeasary, under the olraumstanoea, and
what the duties reQulr% in the ptwtioular ease.
Se! Worda and PhrsLles, PerIn, Ed., Vol. 6, page
Stated another way, reasonable time is
eueh'promptitude as the situation of the parties
and the oiraumatanoes OS the aaae will 8110~.
It never means an indulgenae In unneoeesary de-
lay or in delay oocasioned by vain and fruitless
effort to do the aOt required. See French Y.
Lewie, 218 pa. 141, 11 LR.A. 94 Q, N.8.)
“In answer to your Slret question, you are
advised that it is our Opinion that the Oertlfi-
cate from a reputable and lloensed physioian re-
mal.ns valid for the purpoee OS Issuing a marriage
Honmmble Cullen B. Vanoe, Page 3
llaenne under Artlole 46040, supra, for a ma-
~sonable length of time after the physician has
issued suoh oertlflcste.
" (I
. . . .
A pub110 health polloy .Surther demands that the
physloian~s oertlfloate remain valid for only a reasonable
length of time.- This same pub110 polloy demands that the
~s~~~ 1lo0~1e remain valid for only a reasonable length
IS ve should hold otherwise, ve would, in erieat,
negativi the purpose OS Artlale 46040, supra.
It is the opinion of this department, therefore,
tbat the marriage ceremony should be performed wlthln a
reasonable length of time aiter the lsrunnoe o? the lloense
to mm-y. ife further believe that a reasonable length of
time la suSSi.olently derined in our foregoing quotation
from our Opinion No. O-5755, rupra.
~llt~ thir 88ti8iaOtOZ'ilj 8118Wer8 your inqui~,
ve am
Yours very truly
ATTORNNY
CNNNRALOFTNXAS
By ~m~&df-&&“-
'Assistant