ART. 35. ] BILLS OF EXCHANGE AND PROMISSORY NOTES.

ing, warehouse or storage receipt, or other negotiable Instrument,
shall be precluded from so recovering by reason of his inability from
any cause, to produce such instrument in evidence at the trial, or

297

surrender the same to the defendant; provided always, that the ab-

Proviso.

sence of such instrument shall be sufficiently accounted for, under
the ordinary rules of evidence, to allow the introduction of secon-

Instrument to
be accounted
for

dary proof of the contents thereof at the trial, and that no judgment
thereupon shall be entered for the plaintiff in such suit until a good
and sufficient bond shall have been first filed therein by the plaintiff,
or on his behalf, in such penalty and with such surety or sureties as
the court shall approve, conditioned to hold and keep the defendant
harmless, upon satisfaction of the judgment by him, to the same
effect and intent as if said missing instrument were then and there
produced and surrendered to him, and the costs in all such cases
shall be adjudged by the court, in its discretion, as may be equit-
able.

LEGAL HOLIDAYS.

Contents.

10. Where bills of exchange or promissory notes become due
and payable on Christmas day, or New Year's day, or on the fourth
day of July, or on the twenty-second day of February, or on any
day of public thanksgiving or humiliation and prayer, proclaimed by
the governor of this State, or by the authority of the legislature
thereof, the same shall be payable on the day next before said
Christmas day, New Tear's day, fourth day of July, twenty-second
day of February, or day of thanksgiving or humiliation as afore-
said, unless said next preceding day shall be Sunday, in which event
said promissory notes or bills of exchange shall be payable on the
Saturday preceding; and it shall not be necessary for the holders
of such bills of exchange or promissory notes, payable as aforesaid,
to give notice of the dishonor thereof until the day next after said
Christmas day, New Tear's day, fourth of July, or twenty-second of
February, or day of thanksgiving or humiliation as aforesaid; and
in case said next succeeding day shall be Sunday, it shall not be
necessary for the holders of said bills of exchange and promissory
notes to give notice of the dishonor thereof until the second day
next succeeding said Christmas day, New Year's day, fourth of
July, or twenty-second of February, or day of humiliation or thanks-
giving as aforesaid; and every such notice so given as aforesaid
shall be valid and effectual to all intents and purposes.

1862, c 70
When notes or
bills maturing
on holidays
payable, and
when notice of
dishonor to be
given.

11. Whenever Christmas day, New Year's day, the fourth day
of July, or the twenty-second day of February, shall fall on Sunday,
bills of exchange, promissory notes, hank checks, and all other
papers requiring protest, which may become due and payable on the
Monday immediately following either of said days, shall be payable
on the Saturday next preceding the same; and it shall not be neces-
sary for the holders of such bills of exchange or promissory notes,

1874, c 87.
Certain holi-
days falling on
Sunday, when
notes and bills
maturing on
Monday follow-
ing payable, and
when notice of
dishonor to be
given.