The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-04-14
DIGEST OF HAWAIIAN LAWS.
By VI. Thompson, Of the Honolulu
Bar.

NoTARIEs PUBLIC, LAW MERCHANT,
BILLS AND NoTEs, Ere.
An instrument having the ordinary
features OF promissory note, loses its
character OF negotiability, if, by some
clause or stipulation in the body OF the
instrument such negotiability is limited
or qualified Martin KS. Shumate, 10
Reporter (Boston), 81, and authorities.
Most Of the rules applicable TO bills OF
exchange equally affect promissory notes.
No particular form is requisite TO these
instruments a promise to deliver the
money, or to be accountable Tor 1t, or
that the payee shall have 1t, IS sufficient
Chit. Bills, 80, 81
Bills OF exchange and promissory
notes are usually, but it is apprehended
not necessarily, written on paper. 1t Is
conceived that they might be written on
parchment, linen, cloth, leather, or any
other convenient substitute for paper,
not being a metallic substance. They
may be written in any language, and in
any form of words. Byles on Bills, rs.
bill or note, or any other contract,
may be written in pencil, as we'll as ink.
There is" says Abbot, c. j., "no
authority for saying, that when the law
requires a contract to be in writing, that
writing must be in ink B. & c., 234
II f. c. R.; Dow. & r., 653, S. c.
The signature or Endorsement OF negO-
table paper may be by mark; l NJ. &
NJ, $40 (22 f. C. L. r..
Neither is a date in general essential
to the validity of bill or note; and if
there be no date, it will be considered as
dated at the time it was made; 80 Yer
mont, II.
An indorsee, in a suit against the
maker, may prove that there was mis-
take in the date OF the note; 81 Maine,
524, and see generally Byles on Bills, p.
| p. 1917, and notes and authorities.
There are two principal qualities es-
sential to the validity of note; first,
that it be payable at all events, not de-
! pendent on any contingency; nor pay
able out of any particular fund; 3 j. j.
Marsh, 10, 542; Ark, AL 2 Blackf.,
48; How, 3S2; 3 Pick, 541; second,
it is required that it be for the payment
of money only; 10 S. & r., "a; AZ
Wise, SOL; 81 Mich, 191.
A promissory note payable to order or
! bearer passes by Endorsement, and,
although Il chose in action, the holder
may bring suit on it in his own name.
Although a simple contract, sufficient
consideration is implied from the nature
of the instrument; 5 COmyn. Dig, 133,
II. ISL; B. & Co., 235; G. & NJ, Is.
1t has been urged that upon principle
negotiable instruments are contracts
binding by their own force, and not re-
| quiring any consideration; Langd. Con-,
sec. 40. 4 stipulation in an instrument
otherwise in the form of a promissory
note, for the payment OF an attorneys
fee for the collection of the note in case
of dishonor, renders the instrument non
negotiable "a Penn, 40; II Mo-, 622.
Contra: SO H., 372; 80 Iowa, 1874; So
Ind, 1O3; Is Kan, 1873; II Bush, 100; l
Dan Neg. Just, "a. AS to promise to
pay debt in specific articles, see 81
| Am. Dec IS 422.
Days of grace are certain days allowed
to the acceptor OF a bill, or the maker OF
a note, in which to make payment, in
addition to the time contracted for by
the bill or note. They are so called,
because formerly they were allowed as n
matter of favor; but the custom OF mer-
chants to allow such days of grace hav-
ing grown into law, and been sanctione d
by the Courts, all bills of exchange are
by the law merchant entitled to days OF
grace as of right 6 w. & S., 176; Byles
on Bills. Where there is an esta b.
lished usage of the place where the
bill is payable to demand payment
on the fourth or other day, instead
of the third, the parties to it will be
bound by such usage. How, BY; 8
Wheat, 5S2; l Smith Lead. Cas-, Az.
Days of grace are, for all practical pur-
poses, a part of the time the bill or note
has to run, and interest is charged on
them. 2 Cow, Up; II La. An, 265; l
Dan. Neg. Inst, 4S9. The Courts always
assume that the same number of days
are allowed in other countries, and a
person claiming the benefit OF foreign
, law or usage must prove it. Johns,
189; Is n. Y, 300; Pet, So; Metc.
Mass. }, 2O3. When properly proved, the
law of the place where the bill or note is
payable prescribes the number OF days
of grace and the manner of cal culating
them. l DEMO, 367; Story Pr. Notes,
secs. PIG and 217. Bankers checks are
payable on demand, without days OF
grace; and the same rule applies to bills
or notes payable on demand. p Am.
L. Req.
Time-Generally, in computing time
one day is included and one excluded.
, P A. Browne, IS; T. B. Mour, AGA
% Ala. n. s., 547; Blacllf., 49, Is
Ohio, 4O8; excluding the day on which
l an act is done, when the cOmputatiC1 is
is to be made from such an act. 10 Yes.
CHI PAS; l Pick, 4S5; 3 DEMO, u; Is
Mo-, so; Is Conn, IS; including it, ac-
cording to Dough, 1853; 3 East, All; 10
Mass, 1913; Is How, 151; except where
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