and thereforethe closingof the of- fice will not preventfull compliance with the statute.
There is .sdistinctionbetweenBets which must be done on a cer- tain day and acte which must be done within a certainperiod of time. In the latter situation, the fact that the last day for performancefalls on Sunday or a holidaydoes not,extendthe time for performanceunless the time allowedi6 very short. But where the act must be done on one certain day or within the space of only one or two days, the tlms for performance is extendeduntil the followingbusineesday if the day for parfo-ce falls on Sunday or a holiday, BanoverFire Ins. Co. v. Shrader,supra.
Clearly,we think,the clerk la not requiredto remsin open on Sunday,July 4, There Is no generalstatuteauthorizingpublic office0to be closedon the followinghlonday where a legal holidayfalla onSunday, but customand popularacceptancesanctionthe practiceof observingthe followingMonday as a legal holidaywhere Independence Day falls on Sunday. Blackmanv. SousingAuthorityof the City of Dallas,254 S.W.2d 103 (Tex. sup. 1953)s This customwas recognizedby the Legislaturein Section2 of Chapter230, Acts 50th Leg., 1947, when it enacteda provision(Article 4591d,,Vernon'sCivil Statutes)expresslyadhoriring banks to remain. closed on the followingMonday where a legal holidayfalls on Sunday.Slm- ilarly,the currentappropriationact for state departments,institutions, and agenciesauthorizesstate officesto be closed on Monday,July 5,~by providingthat when a holidaydefinedby Articles4591 and 4591d,V.C.S., ~fallaon a Sunday,the followingMonday shallbe deemedto be the holiday. Hon. Fred C. Brigman,Jr., Page 3 (S-132)
Sec. 5, Art. VI, Ch. 81, Acts 53rd Lag,, R.S., 1953. This is clear author-~ ity for the Secretaryof State to remain closed on Monday,July 5. We also think that the commissioners' court of a countymay properlyauthorizethe closingof countyofficeson this day and that the countyclerk would not be requiredto ,keephis officeopen in that event. It is our opinion,there- fore, that In those countieswhere Monday, July 5, is declareda legal hol- iday for countyoffices,the statementswhich fall due on Sunday,July 4, will be filed in full compliancewith Article 14-08 if they are filed on Tuesday,July 6.
It is our furtherview that sinceMonday,July 5, is generally treatedaa a legal holidayby commonacceptance,a candidateie not required to ascertainwhetherthe commissioners' court has actuallyauthorizedthe closingof countyofficeson that day and that he will have fully complied with the filingrequirementIf hia otatementis filed on Tuesday,July 6, regardlessof the action of the coranissionera court. If we are Incorrect in this view, this filingwill be in substantialcompliancewith Article 14.08 in any event. The El Paso Court of Civil Appealshas recentlyheld that a substantialcompliancewith Article14.08 is sufficient,and that there had been substantialcompliancewhere a statementdue on May 25 wa8 filed on day 26* Welsch v0 Crawford,decidedJune 21, 1954 (not yet report- ed).
We wish to point out that this opinionis limitedto statements which are filed under the 20-day-interval provisionof Article 14.08.
In view of the answersto your other queetlons,it is not neces- sary to answeryour questionwhetherthe county clerk is permittedto keep his office open on Sunday or on a legal holiday, However,we will state. that even though he IS not requiredto do SO, he may keep his office open if he so chooses,and filingsacceptedat that time will be