OPINION OF THE JUSTICES. ∙ No. 4990 ∙Supreme Court of New Hampshire Request of Governor and Council said:
According to the record of the Secretary of State, the legislation which became chapter 266 was presented to the Governor on Friday, June 30 at 2:13 P. M. It was approved by him on Thursday, July 6. Between these days, July 2, a Sunday, and July 4, a legal holiday, intervened. RSA 288:1. Article 44 expressly excepts Sunday from the five-day period. If July 4 is likewise to be excluded the bill was seasonably approved; otherwise it was not.
The same issue was presented under the Massachusetts Constitution, and resolved in Opinion of the Justices, 291 Mass. 572. Although that Constitution contains no express exclusion from the period allotted for action by the executive, the Justices held that both Sundays and holidays should be excluded. Their opinion *410410 pointed out that when the
Constitution was adopted no provision existed for legal holidays although Sunday was strictly set apart by statute. The Justices reasoned that it was intended that the Governor should have five "secular" or "official days when business ordinarily would be transacted" (pp. 576, 577), in which to consider legislation submitted for his approval and that therefore holidays and Sundays were to be excluded.
We are of the opinion that our Constitution should be similarly construed. Your question concerning chapter 266, Laws 1961 is answered in the affirmative. In our opinion the chapter was constitutionally enacted.