$13. Computa tion of time of 4. An indorsee may recover against the acceptor of a bill dated on Sunday: Begbie v. Levi, 1 Cr. & J. 180 (1830). 5. A bill made and delivered on Sunday is void in most of the United States: Randolph, §§ 225, 1790. 14. Where a bill is not payable on demand, the payment day on which it falls due is determined as follows: Days of grace. Non-juridical days. (a.) Three days, called days of grace, are, in every case where the bill itself does not otherwise provide, added to the time of payment as fixed by the bill, and the bill is due and payable on the last day of grace: Provided that (1.) Whenever the last day of grace falls on a legal holiday or non-juridical day in the Province where any such bill is payable, then the day next following, not being a legal holiday or non-juridical day in such Province, shall be the last day of grace: Imp. Act, s. 14 (1); R. S. C. c. 123, s. 2; C. C. 2306. The first part of this sub-section is taken verbatim from the Imperial Act; its effect, however, is different. There, bills payable at sight are payable on demand by section 10, so that they are not entitled to days of grace. In Canada, they fall under the rule in clause (a). The proviso is taken from R. S. C. c. 123, s. 2, and differs materially from the corresponding rule in England. There when the last day of grace falls on Sunday, Christmas Day, Good Friday, or a public fast or thanksgiving day, it is payable on the preceding business day, except that when the last day of grace is a bank holiday other than Christmas or Good Friday, or when the last day of grace is a Sunday, and the second day of grace is a bank holiday, the bill is payable § 14. on the succeeding business day. This sub-section applies only to bills payable in Canada. Those payable elsewhere are governed as to their due date by the law of the place where they are payable: section 71, 2 (e). In the United States, as a general rule, if a bill payable without grace falls due on a Sunday or legal holiday it is not payable until the next regular business day; but if payable with grace and the last day of grace falls on a Sunday or holiday, it is payable on the day preceding: 1 Daniel, § 627. In France a note maturing on a holiday is payable the day before: Code de Com. Art. 134. be holidays. 2. In all matters relating to bills of exchange What shall the following and no other shall be observed as legal holidays or non-juridical days, that is to say: (a.) In all the Provinces of Canada, except the In all Province of Quebec Provinces except Quebec. Sundays; New Year's Day; Good Friday; Easter Monday; Christmas Day; The birthday (or the day fixed by proclamation for the celebration of the birthday) of the reigning Sovereign; and if such birthday is a Sunday, then the following day; The first day of July (Dominion Day), and if that day is a Sunday, then the second day of July as the same holiday; $14. In Quebec. In every Any day appointed by proclamation for a public holiday, or for a general fast, or a general thanksgiving throughout Canada; and the day next following New Year's Day and Christmas Day, when those days respectively fall on Sunday; (b.) And in the Province of Quebec the said days, and also The Epiphany; (Jan. 6th.) The Annunciation; (March 25th.) The Ascension; (Movable.) Corpus Christi; St. Peter and St. Paul's Day; (June 24th.) Conception Day; (Dec. 8th.) (c.) And also, in any one of the Provinces of Canada, any day appointed by proclamation of the Lieutenant Governor of such Province for a public holiday, or for a fast or thanksgiving within the same, or being a non-juridical day by virtue of a statute of such Province: R. S. C. c. 123, s. 3. "Province" includes the North-West Territories and the district of Keewatin; and "Lieutenant Governor " includes administrator: R. S. C. c. 1, s. 7, (9) and (13). The above list increases the number of holidays before the Act in two particulars:-1st, in making Monday a holiday when the Queen's birthday falls on Sunday; and 2nd, in making every provincial non-juridical day a holiday in that province. The holidays on bills and notes in England are Sundays, Christmas Day, Good Friday, any public fast or thanks giving day, and the Bank Holidays-Easter Monday, § 14. Whit Monday, and the first Monday in August. In most of the United States the holidays on bills and notes besides Sundays are New Year's Day; Washington's Birthday, Feb. 22nd; July 4th; Thanksgiving Day, and and Christmas Day; also in most of the Northern States, Decoration or Memorial Day, May 30th, and in many of the States, election day. As a rule when any of these days is a Sunday, Monday is observed as a holiday. computed when time run. 3. Where a bill is payable at sight, or at a fixed Days to be period after date, after sight, or after the happen- begins to ing of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run and by including the day of payment: Imp. Act, s. 14, (2). The method of computing time on a bill is that of the old law: Campbell v. French, 6 T. R. 200 (1795); also that the English Judicature Act, Order lxiv, Rule 12; of the Ontario Judicature Act, Rule 474; and of the Quebec Civil Code in matters of prescription, Art. 2240; but not the law of procedure in Quebec, where both terminal days are excluded, Code of Civil Procedure, Art. 24. There is no general rule in computing time from an act or event, that the day is to be inclusive or exclusive, it depends on the reason of the thing according to circumstances: Lester v. Garland, 15 Ves. 248 (1808). The expressions, "in thirty days," "in thirty days from date," "at thirty days," and "thirty days after date," are synonymous: Ammidown v. Woodman, 31 Me. 580 (1850); Henry v. Jones, 8 Mass. 453 (1812). begins to 4. Where a bill is payable at sight or a fixed When time period after sight, the time begins to run from the run. § 14. date of the acceptance if the bill is accepted, and from the date of noting or protest if the bill is noted or protested for non-acceptance, or for nondelivery: Imp. Act, s. 14 (3). Months. Reckoning of time. This sub-section also reproduces the old law: Campbell v. French, 6 T. R. 200 (1795). A bill need not be noted or protested for non-acceptance, if the drawee do not forthwith accept on its presentment; but if not accepted on that day or within two days thereafter, it must be treated as dishonored or the holder will lose his recourse against the drawer and indorsers: section 42. A bill is protested for non-delivery when the drawee to whom it has been presented wrongly detains it, and refuses either to accept or return it section 51, s-s. 8. When a bill, payable after sight, is dishonoured and subsequently accepted supra protest, the time runs from the date of protesting for nonacceptance and not from the date of acceptance: section 64, s-s. 5. 5. The term "Month in a bill means the calendar month: Imp. Act, s. 14 (4). This rule has always been followed in mercantile contracts, even when at common law and in Statutes it meant a lunar month: Reg. v. Chawton, 1 Q. B. 247 (1841); Webb v. Fairmaner, 3 M. & W. 473 (1838); Hart v. Middleton, 2 C. & K. 10 (1845). In England the change was not made in the interpretation of Statutes until 1850. In Canada it was made in 1849. 6. Every bill which is made payable at a month or months after date becomes due on the same numbered day of the month in which it is made payable as the day on which it is dated-unless |