Untitled Texas Attorney General Opinion

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