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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.
2. In all matters relating to bills of exchange What shall the following and no other shall be observed as days. legal holidays or non-juridical days, that is to say:
(a.) In all the Provinces of Canada, except the In all Province of Quebec
New Year's 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;
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.)
St. Peter and St. Paul's Day; (June 24th.)
(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 3).
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.
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).
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).
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, 8-8. 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
there is no such day in the month in which it is § 14. made payable, in which case it becomes due on the last day of that month-with the addition in all cases, of the days of grace. R. S. C. c. 123, s. 1.
This sub-section is not in the Imperial Act, but it corresponds with the English usage: Chalmers, p. 35; also with that of the United States: 1 Daniel, § 624. When enacted in Canada in 1872, the preamble of the Act stated that doubts existed on the point: 35 Vict. c. 10. The last clause of the sub-section as found in the present Act differs from that in the previous Acts which read: "with the addition, in all cases, of the days of grace allowed by law." By section 14 days of grace are only allowed "where the bill itself does not otherwise provide." Notwithstanding the clause as it now stands says that they shall be allowed "in all cases," it is hardly to be presumed that it would be held to apply, say to a bill made at a month after date "without grace." The rule will sometimes make bills of different dates on their face having an equal time to run, mature on the same day. For instance, four bills dated respectively, December 28th, 29th, 30th, and 31st, 1890, payable two months from date, would fall due on the 3rd of March, 1891. If made on the same dates in 1891, the first would fall due on the 2nd of March and the other three on the 3rd of March, 1892, on account of 1892 being a leap year.
"Days of Grace."-What was at first a real grace or indulgence granted for the payment of foreign bills subsequently passed into a right. Later it was extended to inland bills, and finally by the Statute of Anne (1704) promissory notes were placed on the same footing. It was held in Wiffen v. Roberts, 1 Esp. 262 (1795), that presentment on the second day was invalid. In England, the United