days, on all legal holidays, and until seven o'clock of the following morning, and on each week-day night from and after the hour of nine o'clock, until seven o'clock of the morning of the succeeding day. The word “closed” in this section shall be construed to apply to the back door as well as to the front door. And in prosecutions under this section, it shall not be necessary to prove that any liquor was sold: Provided that in all cities and incorporated villages, the common council may, by ordinance, allow the saloons and other places where said liquor shall be sold, to remain open not later than ten o'clock on any such week-day night. (p. 598.)

CONCURRENT RESOLUTION. Resolved (the House concurring), That the Governor is hereby requested to call the attention of the people of this State to the importance of planting trees for ornament and shade, by naming a day upon which this work shall be given special attention, to be known as "Arbor Day." (Approved March 26, 1885, Laws, p. 378.)

The General Statutes of Minnesota provide

"1. That the twenty-second day of February, the anniversary of the birthday of Washing on, and the thirtieth day of May, known as "Memorial Day," shall be observed in this State as a national holiday each and every year hereafter; that no public business, except in case of necessity, shall be transacted on that day; and that no civil process shall be served on that day." (Chap. 124, vol. I, ed, 1878, p. 1009, as amended by Act of April 24, 1889, Laws, p. 203.)

"2. He [the Governor] shall, by proclamation, set apart one day in each year as a day of solemn and public thanksgiving to Almighty God for his blessings to us as a State and nation; and no business shall be transacted on that day at any of the departments of State." (Chap. 6, vol. 1, ed. 1878, p. 85.)

"10. Bills of exchange, drafts, promissory notes and contracts, due or payable, or to be executed on Sunday, Thanksgiving day, Good Friday, Christmas day, New Year's day, the twenty-second day of February, the Fourth of July, or on the following day, when either of the four days last mentioned occurs on Sunday, shall be payable or performable upon the business day next preceding said days; and in case of non-payment or non-fulfilment, shall be noted and protested upon such preceding day; but notice of the dishonor, non-payment or non-fulfilment need not be given until the business day next following the days above specified.” (Chap. 23, vol. 1, ed. 1878, p. 316.)

"31 a. In any contract between any teacher and board of trustees, or board of education, a school month shall be construed and taken to be twenty days, or four weeks of five school days each; and no teacher shall be required to teach school on Christmas day, the first day of January, the Fourth of July, Memorial day, or the day appointed by the President of the United States or the Governor of the State, as a day of thanksgiving; and no deduction from the teacher's time or wages shall be made by reason of the fact that a school day happens to be one of the days referred to in this section; and any contract made in violation of this section shall have no force or effect as against the teacher." (Act March 5, 1887, c. 122, 1: 2 Gen. Stat., ed. 1888, p. 439.)

66

"2 31 b. In reckoning attendance, the standing of no scholar shall be affected by reason of non-attendance upon any of the days named in section one of this act whenever they occur within the school term, the same as if the school had been held and all had been present." (Id. ¿ 2.)

The Revised Code of Mississippi (ed. 1880), provides—

1132. When the day on which any bill of exchange or promissory note should be presented for acceptance or payment according to its terms, shall be a Sunday, New Year's day, Fourth of July, or Christmas day, it shall be presentable on such day next before the day on which by its terms it is presentable, as shall not be one of the days herein specified. (p. 332.)

The Revised Statutes of Missouri (ed. 1889), provide

SEC. 737. The following days, namely: The first day of January, the twentysecond day of February, the fourth day of July, any general State election day, any thanksgiving day appointed by the Governor of this State, or by the President of the United States, and the twenty-fifth day of December, are hereby declared and established public holidays, and when any such holiday falls upon Sunday, the Monday next following shall be considered such holiday. For all purposes whatsoever, as regards the presenting for payment or acceptance, and of presenting and giving notice of the dishonor of bills of exchange, bonds, promissory notes or other mercantile paper, such holidays shall be treated and considered the same as the first day of the week, commonly called Sunday, and all bills of exchange, bonds, promissory notes, or other mercantile paper falling due on such holiday or Sunday, shall be considered as falling due on the next succeeding day, unless such succeeding day be a holiday, or Sunday, in such case it shall be considered as falling due the day previous. (Vol. 1, ch. 18, p. 257.)

SEC. 8952. No person, on Sunday, on the fourth day of July, on the first day of January, or any general State election day, on any thanksgiving day appointed by the Governor of this State or the President of the United States, or on the twenty-fifth day of December, and the twenty-second day of February, shall serve or execute any writ, process, warrant, order or judgment, except in criminal cases, or for a breach of the peace, or when the defendant is about leaving the county, or in any case of attachment when the debtor is about fraudulently to secrete or remove his effects; and the service of every such writ, process, warrant, order or judgment, shall be void, and the person serving, or executing the same shall be as liable to the suit of the party aggrieved as if he had done the same without any writ, process, warrant, order or judgment. (Vol. 2, ch. 175, p. 2065.)

SEC. 525. * * * Where the affidavit for an attachment states that the

plaintiff will lose his claim unless the writ of attachment issues, and Le served, on Sunday, or on any legal holiday, the writ may be issued and served on that day. (p. 220.)

The Code of Civil Procedure of Montana provides (Comp. Stat, ed. 1888)—

SEC. 531. No court shall be opened, nor shall any judicial business be transacted on Sunday, New Year's day, Fourth of July, Christmas day, Washington's birthday, Thanksgiving day, or on a general election, except for the following purposes: First. To give, upon their request, instructions to a jury then deliberating on their verdict. Second. To receive a verdict or discharge a jury. Third. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. Fourth. When it shall appear by the affidavit of the plaintiff, or some one in his behalf, in cases for the recovery of specific personal

property, that the defendant is about to conceal, dispose of, or remove such property out of the jurisdiction of the court, an order for taking possession of the same may be issued on any day. Fifth. When an application for a writ of attachment is made, and it shall appear by the affidavit of the plaintiff, or some one in his behalf, that the defendant is about to dispose of, conceal, or move property subject to execution or attachment, out of the jurisdiction of the court, a writ of attachment may be issued on any day. (p. 199.)

When the day fixed for the opening of a court shall fall on any of the days mentioned in this, section, the court shall stand adjourned until the next succeeding day. (p. 200.)

The General Laws of Montana provide (Comp. Stat., ed. 1888)

SEC. 158. Bills of exchange and promissory notes falling due on Sunday, the fourth day of July, Christmas, or any day set apart by the President of the United States, or the Governor of this Territory, as a day of public fasting or thanksgiving, shall be deemed to fall due on the previous day; and may Le prosecuted and protested accordingly. (p. 636.)

Nebraska compiled Statutes (ed. 1889) provide—

SEC. 38. No court can be opened, nor can any judicial business be transacted on Sunday, or on any legal holiday, except: First-To give instructions to a jury then deliberating on their verdict. Second-To receive a verdict, or discharge a jury. Third-To exercise the powers of a single magistrate in a criminal proceeding. Fourth-To grant or refuse a temporary injunction or restraining order. (Act of March 21, 1889, Laws p. 379–380.)

SEC. 8. That the following days, to wit: the first day of January, February twenty-second, and the twenty-second of April, which shall be known as " Arbor Day," the twenty-fifth day of December, the thirtieth day of May and July fourth, and any day appointed, or recommended by the Governor of this State, or the President of the United States, as a day of fas', or thanksgiving, and when any one of these days shall occur on Sunday, then the Monday following, shall, for all purposes whatsoever, as regards the presenting for payment or acceptance, and the protesting and giving notice of the dishonor of bills of exchange, bank checks, or promissory notes, made after the passage of this Act, be deemed public holidays, and be treated and considered as is the first day of the week, commonly called Sunday. Provided, That when any one of these days shall occur on Monday, any bill of exchange, bank check, or promissory note, made after the passage of this Act, which but for this Act would fall due and be payable on such Monday, shall become due and payable on the day thereafter. (Ch. 41, p. 523.)

SEC. 9. The first Monday in the month of September in each year, shall hereafter be known as "Labor Day," and shall be deemed a public holiday, in like manner and to the same extent as the holidays provided for in Section 8 of Chap ter 41 of the Compiled Statutes of 1887. (Id. Act of March 29, 1889, Laws p. 579.)

Nevada (Gen. Stat., ed. 1885) enacts—

2469. SEC. 50. No court shall be open, nor shall any judicial business be transacted on Sunday, on New Year's day,on Washington's Birthday,on the thirtieth of May, commonly known as Memorial day, on the Fourth of July, on Thanks

giving Day, on Christmas Day, or any day on which the general election is held, except for the following purposes: First-To give upon their request, instructions to a jury then deliberating on their verdict. Second-To receive a verdict or discharge a jury. Third-For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. Fourth-For the issue of a writ of attachment, which writ may be issued on each and all of the days above enumerated, upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining said writ, the additional averment, as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by said writ, to wait till a subsequent day for the issuance of the same. And all proceedings instituted and writs issued and official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of said writ. (p. 655.)

4879. SECTION 1. The following days, namely: The first day of January, Washington's birthday, or the twenty-second day of February, the fourth day of July, thanksgiving day on the proclamation of the Governor, the twenty-fifth day of December, commonly called Christmas day, shall for all purposes whatsoever as regards the presenting for payment, or acceptance, and of the protesting and giv ing notice of the dishonor of bills of exchange, checks and promissory notes, made after the passage of this Act, be treated and considered as is the first day of the week, usually called Sunday. Three days, commonly called days of grace, shall be allowed, except on sight bills or drafts; and any one of the holidays specified in this act coming within the three days of grace shall be counted as one of such days. (p. 1085.)

4880. SECTION 1. All bills of exchange, checks, promissory notes, or other negotiable instruments, which, by the terms thereof, are payable with or without grace, if the day for the payment thereof shall fall on any Sunday, or on any of the holidays designated in that certain Act, entitled, " An Act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes," approved October thirtieth, eighteen hundred and sixty-one [Supra, 4879,] the same shall become due and payable on the day previous to any of the days aforesaid. (p. 1085.)

CHAP. XLIV. AN ACT establishing Arbor Day (approved February 10, 1887).

SECTION 1. Arbor Day is hereby established in the State of Nevada, and shall be fixed, each year, by proclamation of the Governor, at least one month before the fixing of such date, and it shall be observed as a holiday by the public schools of the State; provided, that nothing in this Act shall be so construed as making this a legal holiday, so far as the courts and civil contracts are concerned.

SEC. 2. His Excellency the Governor, is requested to make proclamation, setting forth the provisions of the first section of this Statute, and recommending that Arbor Day, so established, be observed by the people of the State, in the planting of trees, shrubs, and vines, in the promotion of forest growth and culture, in the adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the character of the day so established. (Laws, p. 51.)

New Hampshire enacts

SEC. 9. Bills of exchange, drafts, promissory notes, and contracts, maturing or to be executed on Sunday, Thanksgiving, Fast or Christmas days, or on the fourth day of July, on the twenty-second day of February, or on the thirtieth day of May, or on any day on which a general election is held for members of the legislature, or on the following day, when either of the two days last mentioned occurs on Sunday, are payable and to be executed on the day next preceding, not being one of said days, and may be noted and protested for nonpayment or nonfulfillment, on such next preceding day. (Laws of 1878, p. 509, ch. 220, as amended by Act of 1887, ch. 20, s. 1, p. 419.)

New Jersey provides (Act of June 1, 1886, P. L. 386, Supp. to Revision, p. 361)—

1. That the first day of January, the twenty-second day of February, thirtieth day of May, fourth day of July, Thanksgiving day, twenty-fifth day of December, and any day upon which a general election shall be held for members of Assembly, in each year, and also any day set apart by proclamation of the Governor of this State, or by the President of the United States, for the purpose of public observance, shall be a legal holiday, and no court shall be held upon said days, except in the cases where said court would now sit upon a Sunday, and no person shall be compelled to labor upon any of said days, by any person or corporation. cal with Act of April 4, 1876, P. L. 73; Revision, p. 841.]

New Mexico enacts (Comp. Laws, ed. 1885)—

[Identi

SEC. 1730. Any promissory note or order for the payment of money at some future time which by its terms becomes due and payable on Sunday or on any legal holiday, shall be construed to fall due and become payable on the next business day thereafter; and for the purposes of this Act the fourth day of July, the twenty-fifth day of December (Christmas), the first day of January (New Year's day), and all days designated by public proclamation of the Governor as fast days or thanksgiving days, shall be deemed legal holidays. (p. 858.)

The Laws of New York provide―

1. The following days and half days, namely: The first day of January. commonly called New Year's day; the twenty-second day of February, known as Washington's Birthday; the thirtieth day of May, known as Decoration Day; the fourth day of July, called Independence Day; the first Monday in September, to be known hereafter as Labor Day; the twenty-fifth day of December known as Christmas Day; any general election day in this State; every Saturday from twelve o'clock at noon, until twelve o'clock at midnight, which is hereby designated a half holiday; and any day appointed or recommended by the Governor of this State, or the President of the United States, as a day of Thanksgiving, or fasting and prayer, or other religious observance, shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of dishonor of bills of exchange, bank checks, and promissory notes, made after the passage of this Act, be treated and considered, as the first day of the week