Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1859-07-30
No. l3.

itivey prohibited and what is permitted to be omit
TED and deferred, because at variance with the prn-
eipleS and law Of Scripture, because much within
the object of the statute of The observance of
Sunday as anything expressly prohibited. and be-
cause IN some cases IT is clear, and in others be
inferred, that contracts made into which the law
lmparts the qualification and the parties treated
as agreeing with it in view that If the day Of per-
tormanee Is Sunday, it may be done on some other
day. We shall endeavor to see if such a principle
applicable To the present be drawn from the
authorities 1t is settled doctrine of mercantile
law, that promissory note or bill must be demand
ed an the third day of grace unless that falls on
Sunday, and then upon the second day, or Satur-
day. (BuSsard VS.. Levening, Wheaton, lO2 jack
son V. Richards, Gaines, 342; Johnson v. Mat.
thews. l3 Johns, Rep. 479.) But if a check note
Is without grace, and it falls due Sunday, the par
ty has Monday to make payment. (Salter v. Bart,
20 Wendell 2O5.
The in regard to the days of grace is as old
as Lord Holt, q Gaines, 344.) The contract by
such usage established to he part of it. is to be
fulfilled on given day, which falls upon Sunday.
The law interposes and says that it cannot be- or at
least need not be performed on that day.
1t shortens the time of performance, and not mere
ly requires payment on Saturday, but sustains no.
tice of notes given Monday. g Gaines, 344,
Cuyler v. Stevens, Wendell, sec, by general
universal custom Sunday is not day of business.
See also Howard v. Ives, Hill, 1881 For long
time the Courts held and finally embodied the de-
OF practice when time was fixed for performance
OF an act or the giving of notice, and the time ex
pired on Sunday, it could be done on the ensuing
Monday, (Cook V. Bunce, 6 John, Rep. 326; Broome
v. Wellington, Sand s. Ct, Rep. 6O4 Bissel v.
Bissel, ii Barb, Rep. 96)
The rule stated in unqualified language by
Justice Brownson in Salter " Burt, go Wendell,
205,) " agree to the doctrine laid down by Gould,
Justice" in Avery v. Stewart, Conn, Rep. SO,
"that Sunday cannot for the purpose of performing
a contract, be regarded a day in law, and it
should. for that purpose, be considered struck
from the calendar In computing the time mention
ed in contract for doing act, intervening Sum
days are to be counted but when the day of per-
formance falls on Sunday it is not to be taken into
the computation"
(six Judges to three) held that when contract
to be performed particular day of the month
in future. and that happened to be Sunday, it
to be performed on the following day. The action
was on note not negotiable, payable in sixty days
from date, in cotton yarn, tO be delivered at a
tain place. 1t was dated on the 9Th of December,
1916, and fell due the 4th of February, which
Sunday. On Monday what equivalent
to tender of the yarn was made. The debtor
could not be required to pay, nor the creditor to
receive payment before the time appointed. The
case of Sands v. Lyon. (S Conn., Rep. lS) is an au-
thority which covers the point in this instance fully
and decisvely. testator devised lands to his son.
condition that he should pay A 800 IN one year
after his decease. He died on the second day of
October, 1871. The second day of October. 1912,
fell on Sunday. tender on the ensuing Monday
was held good. The day of the death was to be ex-
cluded from the computation. BY doing so, the ex-
pration of the year would be Sunday The defend.
ant had full year allowed him for paying the
ey, and was not bound TO pay it on the Saturday
preceding the day on which the year expired
1t appears to me, from this review of the law,
that the Court is warranted in SAYING that wh.n,
from accident mutual error, the day of fulfilling
an agreement falls upon Sunday, there is enough of
principle and authority to justify the party in defer
ing his performance to the Monday ensuing, with.
out mpairing right or mourning forfeiture.
The Judgment must be for the plaiutih-NsU York
Erch,