Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-12-04

it would have been considered an act of
bankruptcy and probably have resulted
in a failure, or expensive litigation.
Great care should be taken to be accur-
ate in all statements. If a man don't
know anything in reference to the mat
ter he is writing about, then he had bet
Yer keep still.
The writer of this, being practicing
attorney fully copcurs in the accuracy
of the two last sentences of this scath-
ing criticism, but when he goes above
that he finds very little that agrees with
the authorities, which, in common with
other attorneys, he sometimes consults
upon questions he is in doubt about.
The General Statutes of Vermont pro-
vide that whenever any bill, or note,
or other contract not subject to grace,
shall fall due on the Sabbath, the same
shall for every purpose be taken and
considered as due on the Monday next
following" In 1864 the Legislature of
Vermont enacted that .sthe first day of
January, commonly called New Years
day the fourth day of July; the first
Tuesdays of March and September; the
twenty day Of December, common
~ called Christmas, and any day APP
pointed or recommended by the Governor
of this State, or by the President of the
United States, as day of fast or thanks
giving, shall, for all purposes whatso-
ever, in regard to the presenting for ac-
eeptance or payment, and to the pro-
testing and giving notice of the dishonor
of bills of exchange, drafts, checks and
pFomissory notes, be treated and eonsid-
cred as the first day of the week, com-
monty called Sunday. " +
These quotations from the current
statutes of the State, demonstrate that
this pundit, who thinks be can succeed
as legal critic, is entirely wrong asfar
as all bills and notes. ."not subject to
grace are concerned, and as his state
. ment is. a general one as to a note be-
coming due on Sunday or a legal Holt
day, . it is lacking in that g necessity for
accuracy that he insists upon. The
term " subject to grace, used in the
statute, refers to a well known mercan-
tile usage, by which the maker Of note
or acceptor of a bill has three days after
/ it falls due in which to pay it.. SO that
if the note referred to by our learned
critic had fallen due on the 27th, and
was subject to grace, it could not have
been protested until the 30th, or three
days afterwards. Therefore tne whole
position of the critic is false whether
the note was subject to grace or not.
/ The probabilities of the case are that
this note fell due on the Gath and was
! subject, TO grace, and the last day of
grace being Thanksgiving, it was pro-
tested, on the second day after becoming
| due, for it is q rule of the common law,
dating back to the time of Lord Ray
mond, that when the third day of grace
falls on Sunday, there shall be but two
| days allowed instead of three, and as
Thanksgiving is for this purpose to be
/ treated and considered the same as Sun
day, a note due Monday the Gath. sub
ject to grace, could legally be protested
at the close of business hoGrs on Wed
,pesday the 26th. ..sA9
! But there is one more subject that re-
quires a word of attention, and that is
the consequence of aprotest in zone Of
our large cities There is. no place in
| the United States where the protesting
/ of a note, or allowing commercial paper
| to go to protests an act of bankruptcy.
The bankrupt act enumerates especially
/ what shall be acts of bankruptcy, and
| the protest of notes is not one Of them,
and of the acts for which person can
| be forced into bankruptcy, the one
nearest akin to the case stated, is that of
ga banker, broker, merchant, trader.
manufacture or miner, who has frandp-
/ lently stopped, and not resum-
ed payment of his commercial paper
within a period of fourteen days" Our
/ critic made q fine display of his own ig-
noranoe, and did not hurt anybody
much, as the item he reviewed was q
great deal nearer accurate than bis cor
rection, and we commend to him for
consideration, his own closing sentence
ST a man don't know anything. in refer
enee to the matter he is writing about,
then he had better keep still. y 40
H