The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-04-28
DIGEST OF HAWAIIAN LAWS.
BY N. ThOmPsOn, of the Honolulu
Bar.
NOTARIEs PUBLIC, LAW MERCHANT, BILLS
AND NOTES, ETC.

NoTARIEs PUBLIC, LAW MERCHANT, BILLS
AND NOTES, ETC.
Deeds, bills of exchange letters, and
other written instruments, are generally
construed to have been made and issued
at the time of their date, but the execu
ton of deed may be averred and proved
according to the fact 10 Exch., 40. 1t
is no objection to the validity Of note
that it has no time of payment men
toned. 1t is payable on demand. 8
Johns, 189; B. & c., 157; II B.
Mon'r., Cos. The negotiation OF note
after maturity is equivalent to the issu-
ance of note payable on demand. This
is the extent of an indorser's liability
who places his name upon paper after
maturity. 9 John, 121; 2 Conn, 419;
Is Penn. ST., 1926; Chit. on Bills, sec.
PIG And from all analogous instances
of the signing of commercial paper after
maturity, the contract of these parties
must be esteemed as the execution OF
note payable on demand. See 20 Re
porter (Boston), 600, and authorities.
Each of the parties to a bill, by merely
writing his name upon it as drawer, &C
ceptor, or indorser, thereby guarantees
the due payment of it at maturity, and
the consideration in respect of which he
became a party to it can rarely be in
quired into; whereas, in the case OF an
ordinary guaranty, the statute against
frauds requires the consideration to be
expressed, and other matters of form,
which frequently render the intended
guaranty wholly imperative. 10.
With regard to the method of COM
putting the time, as has already been re-
marked, the date is always excluded.
Thus, in case of note dated January
LIST, payable in one month, excluding
the date, and including the last day OF
the month, the note would be demand
able, without grace, on February 1st 4;
and with grace, counting this date as the
first day, demand should be made on
February 4th. l Pars. on Bills and
Notes, 40S-409. The same method is
used in computing the time when the
note is payable at certain number OF
DAYS after sight or date Thus, in case
of note dated June LIST, payable at ten
days after date, excluding the date, the
note would be payable June 18th.
Adding the three days of grace, the note
would be payable June 18th, and
| payment should be demanded on that
day. h., p. 400. Where note is pay
able at a fixed date, as Octo
Der LIST, the days of grace are sim
| ply added, and consequently the demand
in such case must be made on October
| 4th.
The word month" in the law o
notes and bills, always means calendar
month, and no allowance is to be made
for their different lengths. But where ;
note is made on the last day of ONT
month which has a corresponding day
! on the month when the note is due, thu
day after this corresponding day is to b,
considered as the first day of grace
| Thus, where note is dated September
| 3Oth, payable in one month from date
! it must be demanded November I'd
Where a note is dated on the last day o
q month which has no corresponding
day in the month when it is due, thu
doctrine of cy pres or cas- near as ma!
be-" applies, by which the last day in tn,
latter month is taken, as the nearest APP
Proclamation, for the day before the frs
day of grace. Thus, note for ont
month, dated January 28th, 29th, 30tt
or 31st must in ordinary years be de
manded on March Sd, and in leap years
if it is dated January 28th, must be de
manded on March I'd, because in sucl
case there is day in February CORE
spending to the day of the month OF
which the note was made. If a not
has an impossible date, as Septembe
3lst, where the time of delivery is no
shown, the note is considered as dated Oh
the last of the month, which in the cas-
supposed, would be September Both
and, if payable at six months from date
has been held demandable on April 23d
l Pars. on Bills and Notes, PIP. 400, 41O
and authorities.
Presentment for payment before tn
expiration of the last day of grace,
premature, and will not enable tn
holder to charge the antecedent parties
Esp, POI.
In order to charge the drawer or in
dorser, demand must be made of TIN
drawee or maker, on the last day {
grace. l Blackf., 80; 6 Wheat, 1O2;
Mason, 49, Wend., 456. A deman
may be made upon the acceptor, {
maker, on the third day of grace, anC
upon refusal to pay, notice may be give
to the indorser of the nOn-payment o.
the same day, and after such motto
on the same day, suit may b
immediately commenced against the in
dorser. Foster, 9O2; Story on Bills
secs. 321, 800, and authorities.
The holder of bill is bound, in orde
! ko hold tho OartiaS To If raSDOOSible (