Frederick Mortensen Hinch Edward Mills John.

American notary and commissioner of deeds manual: the general and statutory ... online

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the time of protest. If the amount of the bill is expressed in Uziited
States money, the rate of exchange has no consideration. LEGAL
INTEBEST— 5 per cent.

fi 47a Maine— Bee Uniform Negotiable Instruments Law. DAYS OF
GBACE— are abolished. HOLIDAYS— Sunday, Thanksgiving Day,
Jan. 1, Feb. 22, April 19, May 30, July 4, Dec. 25, first Monday in
September, and Saturday after 12 o'clock. Any note, draft, cheek or
bill of exchange falling due on these . days shall be payable or pre-
sentable on the succeeding secular or business day. LEGAL INTEB-
EST— 6 per cent. ACTION ON NOTES— limited to 5 years, witnessed
notes to 20 years.



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§ 473] NBQOnABLE INSTBUHENT8. 321

f 471. Harylaiid— See Uxiiform Negotiable Instruments Law. HOLI-
DAYS— Jan. 1, Feb. 22, July 4, Dec. 26, Good Friday, general and
congressional election days throughout the state, May 30, Thanksgiving
Day. Any of these days falling on a Sunday, the day following shall
be observed. All bills, notes, drafts and checks due or presentable on
these days shall be deemed presentable the day preceding. Saturday
afternoon is a legal holiday for the City of Annapolis. All negotiable
paper falling due or protested on that day will be deemed due the
following business day. DAMAGES — on a bill of exchange drawn in
this state on persons in other states, protested 8 per cent, with costs
of protest and legal interest from protest. An indorser paying same
can recover with interest. On persons in foreign countries, 15 per cent
on the principal, with protest costs and legal interest from protest.
LEGAL INTEBEST—e per cent. ACTION ON NOTES— limited to 6
years.

S 472. liaesadnuetta — See Uniform Negotiable Instruments Law.
DAYS OF GBACE — are allowed on bills of exchange, and drafts
IMiyable in the state at sight only. HOLIDAYS — Christmas Day,
Thanksgiving Day, Feb. 22, May 30, July 4, first Monday of September,
April 19. When these occur on Sunday, the following day is a legal
holiday. Promissory notes, checks, drafts or bills of exchange falling
due on Sunday or a legal holiday shall be payable and presentable on
the next succeeding business day, except those payable on demand may
be presented before 12 o'clock on Saturday when that entire day is not
a holiday. DAMAGES — on a protested bill drawn or indorsed within
the state and payable beyond the limits of the United States, 5 per cent
at current rate of exchange at time of demand, with interest from date
of protest, in full for all damages, charges and expenses. If payable
in Maine, New Hampshire, Vermont, Bhode Island, Connecticut or
New York, 2 per cent; if in New Jersey, Pennsylvania, Maryland or
Delaware, 3 per cent; if in Virginia, West Virginia, North Carolina,
South Carolina or Georgia, or in the District of Columbia, 4 per cent;
if in any other state, 5 per cent. The rate of damages on a siun of
money not less than $100, payable not less than 75 miles distant from
the place where drawn or indorsed, and not accepted, shall be 1 per
cent in addition to the principle and its interest. LEGAL INTEBEST
— a per cent; permit 7 per cent. ACTION ON NOTES— limited to 6
years.

fi 47Sw Mlclilgaor— See Uniform Negotiable Instruments Law. DAYS
OF GBACE— abolished. HOLIDAYS-^an. 1, Feb. 12, 22, May 30,
July 4, first Monday in September, Dec. 25, Thanksgiving Day, Satur-
day after 12 noon, election days. Any of these days falling on Sunday,
the following Monday shall be observed. Notes, bills of exchange, or
checks falling due on these days shall be deemed due on the next
succeeding secular day. Saturday unless a whole holiday deemed a
secular or business day. LEGAL INTEBEST — 5 per cent; permit 7
per cent in writing. ACTION ON NOTES— Umited to 6 years.
21



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322 NOTARIES PDBUC. [§ 474

I 474. Mlimeeota — See Uniform Negotiable Instruments Law.
DAYS OP GBACE— abolished. HOLIDAY&— Sunday, Thanksgiving
Day, first Monday in September, election day the first Tuesday after
the first Monday of November in each even-numbered year. Good Fri-
day, Nov. 11, Dec. 25, Jan. 1, Feb. 12, 22, July 4^ May 30, or the
following day when either of the last six occur on Sunday. DAMAGES
— on bills of exchange drawn or indorsed in this state, and payable
without the United States, protested, 10 per cent, together with inter-
est from time of protest. If payable in the United States, 5 per cent,
with legal interest, costs and charges. Due notice being given in both.
LEGAL INTEREST — 6 per cent; permit 10 per cent in writing. AC-
TION ON NOTE&— limited to 6 years.

$ 475. Mississippi — See Uniform Negotiable Instruments Liaw.
PBOTESTS — ^bills of exchange and indorsed notes may be protested
by any notary i>ublic, justice of the peace, mayor of a city, town or
village, or by the clerk of a circuit or chancery court. Immediately
after protest, the officer shall give notice in writing to each party pro-
tested against. NOTICE — may be served by mail directed to the
party at his known or usual place of abode or business. The officer
shall deliver to the holder a copy of his protest, signed and verified by
oath. DATS OP GBACE— abolished. HOLIDAYS— Jan. 1, 19, Feb. 22,
April 26, June 3, July 4, first Monday in September, Thanksgiving
Day, Dec. 25. When a bill or note should be presented for acceptance
or payment, according to its terms, on a Sunday or legal holiday,
it shall be presented on the day next before the day on which by its
terms it is presentable, as shall not be one of the days herein specified,
but such provision does not apply to negotiable instruments. DAM-
AGES — on bills of exchange, drawn npon any person, or body in the
United States, and out of this state, and protested for nonacceptanee, 5
per centum on the sum drawn for, and interest and prineipaL If pay-
able out of the United States, 10 per centum, with interest. Holder ia
in all.ca^es entitled to costs and charges. Domestic bills, drawn and
payable in this state, for $20 or more, shall be protested for nonaceept-
ance or for nonpayment same as foreign bills. No damages to accrue,
they shall be subject to and governed by the customs and usages of
foreign bills. LEGAL INTEBEST— 6 per cent; permit 10 in writing.
ACTION ON NOTES— limited to 6 years.

I 476. MiflBoaxi— See Uniform Negotiable Instruments Law. DAYS
OP GBACE— not allowed. HOLIDAYS— Jan. 1, Feb. 22, May 30, July
4, first Monday in September, a general state election day. Thanks-
giving Day, Dec. 25. If any fall on Sunday, the following Monday.
Negotiable instruments falling due or presentable on these days for
acceptance or payment, giving notice if for dishonor, shall be due or
presentable the next succeeding day. DAMAGES — on bills drawn or
negotiated in the state on persons in the state and protested, 4 per
cent; on persons in. other states, 10 per cent; on persons in other
countries, 20 per cent. No damages allowed if bill is paid with interest



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§ 482] NEGOTIABLE INSTRUMENTS. 323

and protest eharges within 20 dayf after dishonor. Damages are in lieu
of protest and other charges and expenses incurred previous to or at
the time of giving notice. LEGAL INTEREST — 6 per cent; permit
8 per cent in writing. ACTION ON NOTES— limited to 10 years.

f 477. Montana — See Uniform Negotiable Instruments Law. HOLI-
DAYS — Sunday, Jan. 1, Feb. 22, May 30, July 4, first Monday of
September, Oct. 12^ Dec. 25, election day throughout the state, Thanks-
giving Day. If any fall on Sunday, the following Monday to be ob-
served. Contracts falling due on these days may be performed the
next business day. LEGAL INTEREST — 8 per cent; permit any rate
in writing. ACTION ON NOTES— limited to 8 years.

§ 478. Nebraska — See Uniform Negotiable Instruments Law. DAYS
OP GRACE— abolished. LEGAL HOLIDAYS— Jan. 1, Feb. 22, April
22, first Monday in September, Oct. 12, Dec. 25, May 30, July 4, and
Thanksgiving Day. When they occur on Sunday, the day following.
LEGAL INTEREST- 7 per cent; permit 10 per cent in writing.

§ 479. Kerada— See Uniform Negotiable Instruments Law. DAYS
OF GRACE — abolished. Three are allowed on all bills or drafts, except
those payable on sight. Holidays coming within these days shall be
treated as one of such days. HOLIDAYS — Jan. 1, Feb. 22, July
4, Thanksgiving Day, Dec. 25. Bills and notes falling due on these
days shall be due and payable on the day previous. LEGAL INTER-
EST— 7 per cent; permit any rate in writing. ACTION ON NOTES—
limited to 6 years.

§ 480. Kflpw Hampshlro— See Uniform Negotiable Instruments Law.
HOLIDAYS — ^Thanksgiving, fast day^ Labor Day, Oct. 12, day on which
biennial elections are held, Christmas, July 4, Feb. 22, May 30. DAYS
OF GRACE— abolished. LEGAL INTEREST— 6 per cent.

I 481. Nerw Jersey — See Uniform Negotiable Instruments Law.
HOLIDAYS— Jan. 1, Feb. 12, 22, Good Friday, May 30, July 4, first
Monday of September, Oct. 12, Dec. 25, any general state election day,
Thanksgiving Day, and Saturday from 12 o'clock noon to 12 o'clock
midnight. Bills, notes and checks presentable for acceptance, or pay-
ment on these days, shall be presentable on the secular day succeeding,
and on the half holiday, shall be presentable before 12 o'clock noon of
the same day, provided that for the protesting or otherwise holding
liable parties to any bill, note or check, not paid before 12 o'clock
on Saturday, demand may be made and notice of protest or dishonor
given on the next succeeding business day; provided further, that the
party receiving such for collection shaU not be deemed negligent
or liable. Any of these days falling on Sunday, the next succeeding
day shall be observed; paper due on that day shall be deemed due the
next business day. LEGAL INTEREST— 6 per cent. ACTION ON
NOTES — ^limited to 6 years.

f 482. New Mexico— See Uniform Negotiable Instruments Law.



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324 NOTARIES PUBLIC. [J 483

PB0MISE8 — ^to pay are assignable by indorsement. An assignee has a
right of action in his own name, subject to any set-off of the maker or
debtor before notice of the assignment The assignor may discharge
himself from liability by specifying in the assignment that the same is
made without recourse. DATS OF OBACE— abolished. LEGAIj HOLI-
DAY&— July 4, Dec. 25, Jan. 1, Oct. 12, Thanksgiving Day. Paper
due on Sunday, or a legal holiday shall be due the next business day.
DAMAGES — on nonaccepted or nonpayment bills of exchange, drawn
or indorsed in this state, when recoverable: If drawn outside the
United Stated 12 per cent; in the United States 6 per cent; from time
of protest. LEGAL INTEBEST— 6 per cent; permit 12 per cent in writ-
ing. ACTION ON NOTES— Umlted to 6 years.

f 488. Kew York — See Uniform Negotiable Instruments Law.
HOLIDAYS— Jan 1, Feb. 12, 22, May 30, July 4, first Monday of
September, Oct. 12, Dec. 25. If any are Sunday, then the day
thereafter. Each general election day and Thanksgiving Day. The
term half holiday includes from noon to midnight of each Saturday
not a holiday. LEGAL INTEREST— 6 per cent. ACTION ON NOTES
—limited to 6 years. Notes given for "Patent Rights'' or for farm
produce "Speculation" must be so marked on their face, if not, it is
a misdemeanor to handle or deal in them. Bonds with coupons, not
intended to circulate as money in New York, not registered, may be
issued, having on them, that they are the property of such holder and
the money is payable only to him, his legal representatives or assigns,
unless they are transferred in blank, payable to bearer, or order, with
assignor's residence added.

fi 484. Korth Oarolixuir-See sec. 458, Uniform Negotiable Instru-
ments Law. HOLIDAYS— Jan. 1, 19, Feb. 22, April 12, May 10, 20,
July 4, first Monday in September, Nov. 11, general election days,
Thanksgiving Day, Dec. 25; any of which falling on Sunday, the Mon-
day following shall be observed. Papers due on such Sunday, or
holiday, payable on the day succeeding. LEGAL INTEREST — 6 per
cent. ACTION ON NOTES— limited to 3 years.

S 48& North Dakotar— See Uniform Negotiable Instruments Law.
HOLIDAYS— Sunday, Jan. 1, Feb. 12, 22, July 4, first Monday in Sep-
tember, Oct 12, Dec. 25, May 30, Thanksgiving Day, state election day
throughout the state. If any of these fall on Sunday, then the Monday
following. Acts of a secular nature may be performed upon the day
following. DAMAGES~H)n foreign bills of exchange, drawn upon any
person in this state, $2 on each $100; on persons out of this state, but
in the states of Nebraska, Iowa, Minnesota, South Dakota, Wisconsin,
Illinois, Missouri and Montana, $3 on each $100; if on a person in any
of the other states, $5 on $100; if on a person outside the United States,
$10 on $100; with interest from notice of dishonor. LEGAL INTER-
EST — 7 per cent; cannot exceed 12 per cent. ACTION ON NOTES —
limited to years.



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§ 489] NSGOTIABLB INSTBUICENTB. 325

f 486k Olilo — See Uniform Negotiable InstnunentB Law. HOLI-
DA.YS— Jan. 1, July 4^ Dec. 25, Feb. 12, 22, May 30, Thanksgiving Day,
first Monday in September, Oct. 12, shall be considered as Sunday for
presenting and protesting all negotiable paper. If these days occur on
a Sunday, the succeeding Monday shall be so observed. LEGAIi IN-
TEBEST — 6 per cent; permit 8 per eent in writing. ACTION ON
NOTES— limited to 16 years.

f 487. Oklalioiiia — See Uniform Negotiable Instruments Law.
HOLIDAYS— Sunday, Jan. 1, Feb. 22, July 4, Dec. 26, May 30, election
day throughout the state, and Thanksgiving Day. If Jan. 1, Feb. 22,
July 4 and Dec. 25 fall upon Sunday, the Monday following is holi-
day. A negotiable instrument falling due on these days shaU be deemed
due the folowing business day. LEGAL INTEREST — 6 per cent; per-
mit 10 per cent in writing. ACTION ON NOTES— limited to 5 years.

I 488. Oregon — See Uniform Negotiable Instruments Law. HOLI-
DAYS — Sunday, Jan. 1, Feb. 12, 22, May 30, July 4, first Monday in
September, Oct. 12, Nov. 11, Dec. 25, election day throughout the
state, Thanksgiving Day. Any of these falling on Sunday, the Monday
following shall be observed. Negotiable instruments falling due on these
days shall be due and payable on the next succeeding business day.
LEGAL INTEREST — 6 per cent; permit 10 per eent in writing. AC-
TION ON NOTES— limited to 6 years.

§ 489. Petmsylvaiila — See Uniform Negotiable Instruments Law.
PRESENTMENT — for payment to be made elsewhere than in this
state, referred to only in the margin of the bill, or below the name of
the drawee, shall not be so construed as to charge the indorsers for
nonpayment, unless place was, at the date of the bill, the actual place
of the drawee, or is expressed as such in the reference, or it appear
by the protest that, upon diligent inquiry, the place could not be found.
LEGAL HOLIDAYS— Jan. 1, Feb. 12, 22, Good Friday, May 30, July 4,
first Monday of September, Oct. 12, first Tuesday after the first Monday
of November, Dec. 25, Saturday after 12 o'clock, and Thanksgiving
Day. Paper presentable for acceptance, payment, or protesting, or
giving notice of, on these days shall be presentable or protested on the
business day next succeeding except when payable at sight or on de-
mand. If on a Saturday half holiday, shall be payable at or before
12 o'clock on that day; providing, that for the purpose of protesting
or holding liable a party to a bill not paid before 12 o'clock, a demand
for acceptance or payment shall not be made and notice of protest or
dishonor shall not be given until the next succeeding business day.
Any one receiving such paper for collection, etc., on such half holiday
shall incur no liability or neglect in not presenting same. The entry,
issuance, service, or execution of any writ, summons, confession of
judgment, or other legal process on any holiday or half holiday desig-
nated here, shall not be prevented or invalidated, nor shall any bank
be prevented from keeping its doors open for businesi on such after-



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326 K0TABIB8 PTJBLIO. [§ 490

noon if ita direeton so elect When holidaji faU on Sundaj, the
following Monday fhall be observed. DAMAGES— bins, etc., retnrned
protested are entitled to damages above the principal and protest
charges from time of notice and demand. In the United States, 5 per
cent, except California, New Mexico and Oregon; there 10 per cent.
In Asia, Africa or Pacific Islands, 20 per cent. In Mexico, Spanish
main. West Indies or Atlantic islands, east coast of South America,
or Europe, 10 per cent. On west coast of South America,
15 per cent. Any other part of the world, 10 per cent. In lien of in-
terest and charges other than protest, to the time of notice. Bate of
exchange same as at time of protest. LEGAL INTEBEST - 6 per
cent.

f 490. Philippine Islaiids— HOLIDAYS— Sunday, Jan. 1, Feb. 22,
May 30, July 4, Holy Week (Thursday and Friday), Aug. 13, Thanks-
giving Day, Dec. 25, 30. Paper falling due on these days is due the
previous day. If it is a holiday, then the previous day to that. If
falls on Sunday, then the day succeeding.

S 491. Porto Blco-— HOLIDAYS— Sunday, Jan. 1, Feb. 22, March 22,
Good Friday, May 30, July 4, 25, first Monday in September, Dec 25,
Thanksgiving Day. When these fall on Sunday, the following day is
to be observed. Bills, notes and checks to be presented for accept-
ance or payment on the following secular day.

§ 492. Bhode Idaad^-See Uniform Negotiable Instruments Law.
DAYS OF GBACE— three allowed on sight drafts. HOLIDAYS— Jan.
1, Feb. 22, second Friday in May, May 30, July 4, first Monday of
September, Oct. 12, Dee. 25, Tuesday after the first Monday of Novem-
ber in every second year after 1896, Thanksgiving Day. When either
of the said days fall on Sunday, then the day following it. Bills, notes,
drafts, or other evidences of indebtedness due and payable on such
holidays to be made on the business day next following. In default
of payment, same may be protested and such protest shall be valid.
Saturday is a holiday after 12 o'clock noon. This shall not apply to
checks or demand drafts presented before 12 o'clock noon on Saturday.
LEGAL INTEREST — 6 per cent, unless a different rate is expressly
stipulated. DAMAGES-^any foreign bill of exchange drawn or In-
dorsed within this state, returned protested, shall be subject to 10 per
cent damages and charges for protest, and 6 per cent interest from
the date of protest. Action may be brought for the principal, dam-
ages, interest and charges of protest against the drawers and in-
dorsers, jointly or severally.

f 493. South Carolina— See Uniform Negotiable Instruments Law.
DAYS OF GBACE— abolished. HOLIDAYS— National Thanksgiving
Day, general election days, Jan. 1, 19, Feb. 22, May 10, June 3, July 4,
Dec. 25, first Monday in September. In Charleston county add Satur-
day afternoons after 12 o'clock. Paper payable on Sunday or a legal
holiday shall be payable the next day, provided it be not a Sunday or



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§ 496] NBQOTIABLE INSTRUMENTS. 327

legal liolidaj; if so, then on the first day thereafter. Anj holiday
falling on Sunday, the following Monday to be observed. DAM-
AGES — on protested bills on parties ont of this state, 10 per cent. In
any other part of North America or the West Indies, 12^l per cent.
Any .other part of the world 15 per cent, and all charges incidental with
interest until paid. Bills and notes drawn for less than $1.00 payable
to order or bearer are void. LEGAL INTEEEST— 7 per cent ACTION
ON NOTES— limited to 6 years.

I 494. South Dakota — See Uniform Negotiable Instruments Law.
DAYS OP GRACE— abolished. HOLIDAYS— Sunday, Jan. 1, Feb. 12,
22, July 4, Dec. 25, May 30, .first Monday in September, Thanksgiving
Day, election days. If Feb. 12, 22 or July 4, fall on Sunday, the Mon-
day following is holiday. Bills falling due on these days must be pre-
sented on the following business day. LEGAL INTEREST— 7 per
cent; permit 12 per cent in writing. ACTION ON NOTES— limited
to 6 years.

§ 496. Tennotte^— See Uniform Negotiable Instruments Law. HOLI-
DAYS— Jan. 1, 19, Feb. 22, July 4, Dec. 25, Good Friday, Decoration
Day (May 30), Memorial Day (June 3), first Monday in September;
when these days fall on Sunday, then the following Monday; also
Thanksgiving Day, all days set apart for county, state or national
elections throughout the state. Negotiable paper falling due on these
days shall be due and payable the first business day following. DAM-
AGES— on protested foreign bills, 3 per cent if drawn upon person or
corporation in another state; 15 per cent If drawn upon person in other
place in North America or West Indies; 20 per cent in any other part of
the world. LEGAL INTEREST— 6 per cent ACTION ON NOTES—
limited to 6 years.

f 496. Toxa»— PROTEST AND NOTICE— the holder of a bill or
note may fix the liability, also, by protesting and giving notice accord-
ing to the usage and custom of merchants by a notary public. The
notary shall set forth, in his protest and record, a full statement
of the facts, specifying demand, sum of money, of whom, when and
where; also serve notices of protest on the drawers and indorsers
made liable, and note in his protest record, with time, place and man-
ner of service. Protest or copy of the record certified under his hand
and seal shall be admitted as evidence in all courts of this state.
DAYS OF GRACE— three allowed on all bills and notes negotiable.
HOLIDAYS— Jan. 1, Feb. 22, March 2, April 21, June 3, July 4, first
First Monday in September, Oct. 12, Dec. 25, Thanksgiving Day,
and general state election day. Same are treated as Sunday for presen-
tation, protesting and giving notice of on bills of exchange, notes, etc.
All exemptions and requirements usual on legal holidays may be
observed. If a holiday falls on a Sunday, the day following shall be
observed, but bills of exchange^ etc., may be presented on the preced-
ing Saturday and proceeded on accordingly. DAMAGES — on protested



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328 irOTABIES PUBLIC. [§ 497

bills— the holder of any protested biH, etc., drawn hj & merehant
within the limitB of this state upon his agent or factor, living outside
this state shall, after having fixed the liability of the drawer or in-
dorser, be entitled to recover 10 per cent damages on the amount of
the bill, with interest and cost of suit accruing. LIABILITY — of par-
ties may be fixed without protest and notice, by the holder instituting
suit after the right of action accrues. A bill not accepted renders
the drawer immediately liable. Assignee may sue in his own name.
LEGAL INTEBEST — 6 per cent; permit 10 per cent in writing. AC-
TION ON NOTES— limited to 4 years.

I 407. Utah — See Uniform Negotiable Instruments Law. HOLI-
DAYS— Sunday, Jan. 1, Feb. 12, 22, May 30, July 4, 24. Oct. 12, Dec.
25, April 15, first Monday in September, Thanksgiving Day. When
such days fall on Sunday, the following Monday shall be observed. In
case Sunday and the holiday come together, said note or bill must
be presented on the day next succeeding said Sunday or holiday.
LEGAL INTEREST — 8 per cent, permit 12 per cent in writing.
ACTION ON NOTES— limited to 6 years.

§ 498. Vermont — See Uniform Negotiable Listruments Law. DE-
MAND NOTE — ^is overdue sixty days after date. No presentment shall
charge the indorsers unless made on or before sixty days. PROTEST
— a negotiable promissory note, inland bill of exchange, draft, or check,
may be officially protested for nonpayment by a notary public and
notice given by him to the parties to the instrument. The certificate
of a notary, under his hand and ofKcial seal, is evidence of notice.
NOTICE — ^by mail to the nearest post ofKce of the party, prepaid, is
sufficient. DAYS OF GRACE— abolished. HOLIDAYS— >ran. 1, July 4,
Aug. 16, May 30, Dec. 25, Feb. 22, first Monday in September, Oct. 12,
Thanksgiving Day, shall, for presenting for acceptance or payment,
protesting, and giving notice of the dishonor of bills, etc., be consid-
ered like Sunday. Any of these days faUing on Sunday, the preceding
Saturday shall, for such purposes, be considered like Sunday. Falling
due on Sunday or a legal holiday, it shall be considered as due on the
following Monday. SUIT — ^the indorsee or holder may maintain in his
own name. The indorser shall have the same right to pay as the
principal, and upon maturity may tender the true amount. If the



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 39 of 50)