OAG 40-76.

Case DateOctober 05, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-76. 85OPINION NO. 40-76[20 Or. Op. Atty. Gen. 85]The term of office of a notary public expires at midnight of the day of the same month having the number immediately preceding that of the day of his appointment, four years thereafter.October 5, 1940.Hon. Earl Snell,Secretary of State. Dear Mr. Snell: Section 58-101, Oregon Code 1930, provides that notaries public
"* * * shall hold their offices for the term of four years from and after the date of their appointment * * *."
You request my opinion as to what rule should be applied in computing the expiration date of such four-year period. In 62 C. J., beginning at page 965, it is stated:
"(§ 13) B. * * * Both at common law and by statute, unless otherwise expressed, the word 'year', when used in a * * * statute, is ordinarily considered as meaning a calendar year of three hundred and sixty-five days * * *.
(14) * * * A year expires at midnight of the last day, and, in computing time by the calendar year, days are not counted, but the calendar is examined and the day numerically corresponding to that day in the following year is ascertained, and the calendar year expires on that day less one * * *."
In the case of Irving v. Irving, 209 Ill. App. 318, the statute under consideration provided:
"* * * that in every case in which a divorce has been granted * * * neither party shall marry again within one year from the time the decree was granted."
The court said:
"How shall this year be computed? Complainant argues for the application of the statutory rule of 'excluding the first day and including the last', * * * which would make the day of the marriage fall upon the last day of the year of prohibition.
"We recognize that a branch of this court, in Kahlo v. Kahlo, 204 Ill. App. 409, sustained a similar contention and applied this statute to like facts. We are not in accord with this decision. The statutory provision for 'excluding the first day and including the last' is for computation when 'the time within which any act provided by law is to be done,' which language is
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