1906-1908 Ind. Op. Att'y Gen. p. 94
The Governor is entitled to three full 24-hour days for consideration of bills.
free from all rights on behalf of the state.
In this opinion I con-
cur.
As to section 14, township 33 north, range 3 west, the records
of the auditor of state's office show that this land was sold on the
10th day of December, 1904, pursuant to the act of 1899, found o-
page 398 of the session laws of that year, to one Darrow, for the
sum of $10,080, and a deed for said land was duly executed by the
auditor of state to said purchaser.
I am of the opinion that the recitals contained in Enrolled Act
No. 273, Senate, are correct so far as they relate to any claim or
title possessed by the state of Indiana to the land involved.
BILLS-GOVERNOR ENTITLED TO THREE FULL DAYS
h\ WHICH TO CONSIDER.
March 5, 1907.
Ion. J. Frank Hanly, Governor of Indiana:
Dear Sir-You presented to me the question, Within what time
after a bill is presented to you you are required to return the same
under section 140 Burns' Statutes 1901.?
The portion of this section which calls for construction reads as
follows:
"If any bill shall not be returned by the governor within
three days, Sundays excepted, after it shall have been pre-
sented to him, it shall be a law without his signature unless
the general adjournment shall prevent its return, in which
case it shall be a law unless the. governor within five days
next after such adjournment shall file such bill with his ob-
jections thereto in the office of the secretary of state, and
shall lay the same before the general assembly at its next
session in like manner as if it had been returned by the gov-
ernor.
But no bills shall be presented to the governor with-
in two days next previous to the final adjournment of the
general assembly."
The rule which is supported by a great weight of authority i;
that in computing the three days mentioned in the above section
the day of presentation is to be excluded and the last day included.
This construction affords the executive three full days after the
day of presentation in which to consider the measure.
See
26 Am. and Eng. Encyc. Law, page 551;
Endlich on Interpretation of Stats., sec. 392;
Price v. Whitman, 8 Cal. 412, 417;
Iron Mountain Co. v. Haight, 39 Cal. 540;
Computation of Time, 9 Colo. 632;
Beaudean v. City, 71 Mo. 392, 397;
State v. Secy. of State, 52 La. Ann. 936, 940, 941;
Lankford v. Somerset Co., 11 L. R. A. 491 at 493.
I have been unable to find any Indiana authorities directly in
point, but in Benson v. Adams et al., 69 Ind. 353, the supreme
court of Indiana, in an.action upon a promissory note, payable in
bank, in discussing days of grace, after quoting section 787 of the
code, uses this language:
"The time within which an act is to be done as herein
provided shall be computed by excluding the first day and
including the last.
It is also enacted that ou all bills of ex-
change payable within this state, whether sight or time bills,
three days of grace shall be allowed.
Under these statutes
it has been held that the day includes twenty-four hours. In
computing the time on promissory notes, negotiable and pay-
able at a bank in this state, the day upon which the note is
made is excluded and the third day of grace included."
Again in Backer v. Paine et al., 130 Ind. 288, see .294 for reason-
ing, in discussing the right of redemption, the supreme court said:
"It
is contended, however, that the year for redemption
expired on the 8th day of June, 1889, and that a redemption
on the 9th day of that month would not have been sufficient.
We think it clear that the statutory rule for the computa-
tion of time governs the case, and under that rule the day of
the sale must be excluded.
Our decisions have applied the
rule to all cases affecting matters of statutory procedure."
Citing State ex rel. Thorne, 28 Ind. 306; Towell v. Holl-
weg, 81 Ind. 154; English v. Dickey, 128 Ind. 174.
Rule 21 of the supreme court of the state of Indiana reads:
"The appellant shall have sixty days after submission in
which to file his brief."
It will be observed that this language is very similar to that of
the clause of the constitution referred to, the only difference being
that if the bill shall, not be returned within three days after it shall
have been presented it shall be a law, while in the rule from which
I have quoted the language is "sixty days after submission."
Judge
McCabe in Smith v. Wells _Mfg. Co., 144 Ind. 266, on page 271 of
the opinion says:
"The date of submission being September 23, 1895, we
must exclude that day in the count and include the 23rd day
of December, the statute requiring the first day to be ex-
cluded and the last day to be included."
Citing section 1304
Burns', which is the section of the statute relating to com-
putation of time for service of process, notice, etc.
Thus it will be seen from these authorities that this statute is
extended to computation of time in all matters in Indiana.
As
early as Womack v. McAhren and wife, 9 Ind. 6, on page 7 of the
opinion of the court uses this language:
"Nor does the statutory rule of excluding the first day
and including the last make any difference.
That was the
law long before the statute was enacted.
Indeed the statute
was but enacting the decisions of the supreme court."
This authority on this question is cited with approval in Flynn
v. Taylor et al., 145 Ind. 533, on page 535.
With reference to what constitutes a day in Board et al. v.
Board et al., 27 App. 406, in considering the pay of a court bailiff
under section 6528b Burns, allowing said bailiff a per diem of
$2, the supreme court holds that twenty-four hours constitutes a
day.
Again in Monroe, Auditor, v. State ex rel. Willard, 157 Ind. 45,
on page 48 of the opinion Judge Dowling, in considering the ques-
tion of the amount of fees due jurors, uses this language:
"When the statute says that the fees of jurors shall be
two dollars a day while in actual attendance it contemplates
a calendar day of twenty-four hours."
It is my opinion that in counting time you are entitled to three
full days of twenty-four hours each, excluding the day of presenta-
tion, for the consideration of bills.
The courts are universal in
this holding, except in one state, New Hampshire, and that was an
early case, which was adhered to on the ground that it had become
a custom of computation'in that state.