Pennsylvania Act 1893-138 — LEGAL HOLIDAY LAW

Act text

LEGAL HOLIDAY LAW
                  Act of May 31, 1893, P.L. 188, No. 138              Cl. 38
                                  AN ACT

     Designating the days and half days to be observed as legal
        holidays, and for the payment, acceptance and protesting of
        bills, notes, drafts, checks and other negotiable paper on
        such days.

        Section 1.  Be it enacted, &c., That the following days and
     half days, namely: the first day of January, commonly called New
     Year's Day, the third Monday of January, known as Dr. Martin
     Luther King, Jr. Day, the third Monday of February, known as
     Presidents' Day, Good Friday, the last Monday in May, known as
     Memorial Day, the fourteenth day of June, known as Flag Day, the
     fourth of July, called Independence Day, the first Monday of
     September, known as Labor Day, the second Monday in October,
     known as Columbus Day, the first Tuesday after the first Monday
     of November, Election Day, the eleventh day of November, known
     as Veterans' Day, the fourth Thursday in November, known as
     Thanksgiving Day, the twenty-fifth day of December, known as
     Christmas Day; and every Saturday, after twelve o'clock noon
     until twelve o'clock midnight, each of which Saturdays 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 fastings and prayer, or other
     religious observance; and in the event of a financial crisis in
     the State or Nation, any day or days appointed by the Governor
     of this State or the President of the United States as a bank
     holiday; and in the event of public calamity in any part of the
     State through fire, flood, famine, violence, riot, insurrection,
     or enemy action, any day or days appointed by the Governor of
     this State as a bank holiday for banking institutions affected
     by such public calamity shall, for all purposes whatever as
     regards the presenting for payment or acceptance, and as regards
     the protesting and giving notice of the dishonor of bills of
     exchange, checks, drafts, and promissory notes, made after the
     passage of this act, be treated and considered as the first day
     of the week, commonly called Sunday, and as public holidays and
     half holidays; and all such bills, checks, drafts, and notes
     otherwise presentable for acceptance or payment on any of the
     said days, shall be deemed to be payable and be presentable for
     acceptance or payment on the secular or business day next
     succeeding such holiday or half holiday; except checks, drafts,
     bills of exchange, and promissory notes, payable at sight or on
     demand, which would otherwise be payable on any half holiday
     Saturday, shall be deemed to be payable at or before twelve
     o'clock noon of such half holiday: Provided, however, That for
     the purpose of protesting or otherwise holding liable any party
     to any bill of exchange, check, draft, or promissory note, and
     which shall not have been paid before twelve o'clock noon of any
     Saturday designated a half holiday as aforesaid, a demand for
     acceptance or payment thereof shall not be made, and notice of
     protest or dishonor thereof shall not be given, until the next
     succeeding secular or business day: And provided further, That
     when any person, firm, corporation or company shall, on any
     Saturday designated a half holiday, receive for collection any
     check, bill of exchange, draft, or promissory note, such person,
     firm, corporation, or company shall not be deemed guilty of any
     neglect or omission of duty, nor incur any liability, in not
     presenting for payment or acceptance or collection such check,
     bill of exchange, draft or promissory note, on that day: And
     provided further, That, in construing this section, every
     Saturday designated a half holiday shall, until twelve o'clock
     noon, be deemed a secular or business day; and the days and half
     days aforesaid, so designated as holidays and half holidays,
     shall be considered as public holidays and half holidays for all
     purposes whatsoever as regards the transaction of business,
     except that any day or days appointed as a bank holiday shall be
     regarded as secular or business days for all other purposes than
     those mentioned in this act: And provided further, That nothing
     herein contained shall be construed to prevent or invalidate the
     entry, issuance, service, or execution of any writ, summons,
     confession of judgment, or other legal process whatever, on any
     of the holidays or half holidays herein designated as holidays;
     nor to prevent any banking institution from keeping its doors
     open or transacting its business, on any Saturday afternoon, if
     by a vote of its directors it shall elect to do so, unless such
     Saturday is appointed as a bank holiday under the provisions of
     this act: And provided further, That any banking institution
     may, by a vote of its directors, or in the case of a private
     bank by action of the private banker or bankers, notice of which
     shall have been posted in its banking house for not less than
     fifteen days before the taking effect thereof, observe any
     Saturday throughout the year as a full holiday with like effect
     hereunder as though such day had been designated as a full
     holiday by the provisions of this act, and may in the same
     manner, observe as a full holiday any Monday next following the
     first day of January, the fourth day of July or the twenty-fifth
     day of December whenever any of such holidays shall occur on a
     Saturday with like effect hereunder as though such day had been
     designated as a full holiday by the provisions of this act.
        (1 amended Dec. 13, 1985, P.L.329, No.88)
        Section 2.  (a)  Whenever the first day of January, the
     twelfth day of February, the fourteenth day of June, the fourth
     day of July, the eleventh day of November or the twenty-fifth
     day of December, shall any of them occur on Sunday, the
     following day (Monday) shall be deemed and declared a public
     holiday. All bills of exchange, checks, drafts, or promissory
     notes, falling due on any of the Mondays observed as holidays,
     shall be due and payable on the next succeeding secular or
     business day; and all Mondays observed as holidays shall, for
     all purposes whatever as regards the presenting for payment or
     acceptance, and as regards the protesting and giving notice of
     the dishonor of bills of exchange, checks, drafts, and
     promissory notes, made after the passage of this act, be treated
     and considered as if the first day of the week, commonly called
     Sunday.
        (b)  Nothing in any law of this Commonwealth shall in any
     manner whatsoever affect the validity of, or render void or
     voidable, the payment, certification, or acceptance of a check
     or other negotiable instrument or any other transaction by a
     banking institution in this State because done or performed or
     transacted on any Saturday between twelve o'clock noon and
     midnight, provided such payment, certification, acceptance or
     other transaction would be valid if done or performed on or
     before twelve o'clock on Saturday.
        (c)  Nothing in any law of this Commonwealth shall in any
     manner whatsoever affect the validity of, or render void or
     voidable the payment, certification, or acceptance of, any bill
     of exchange, check, draft, promissory note, or other negotiable
     instrument, or any other transaction by a banking institution in
     this State, because done or performed or transacted on any of
     the following legal holidays: the twelfth day of February, the
     third Monday in February, Good Friday, the fourteenth day of
     June, the second Monday in October, or the first Tuesday after
     the first Monday of November, the eleventh day of November or
     whenever any of said days shall occur on Sunday, done or
     performed or transacted on the following day (Monday): Provided,
     Such payment, certification, acceptance, or other transaction
     would be valid if done or performed on a secular or business
     day: Provided further, however, That for the purpose of
     protesting or otherwise holding liable any party to any bill of
     exchange, check, draft, promissory note, or other negotiable
     instrument which shall not have been paid on any of said
     holidays, a demand for acceptance or payment thereof shall not
     be made, and notice of protest or dishonor thereof shall not be
     given, until the next succeeding secular or business day.
     Nothing herein shall be construed to require any banking
     institution to keep open for the transaction of business on any
     of said holidays, or to require any banking institution which
     elects to be open for business on all or any part of any of said
     holidays, to do or perform any act or transaction on such
     holiday; but all acts and transactions done or performed on any
     such holiday shall be at the option of such banking institution.
        (2 amended Nov. 28, 1973, P.L.352, No.122)
        Section 3.  All bills of exchange, checks, drafts, and
     promissory notes made after the passage of this act, which by
     the terms thereof shall be payable on the first day of the week,
     commonly called Sunday, shall be deemed to be and shall be
     payable on the next succeeding secular or business day.
        (3 amended Feb. 19, 1911, P.L.3, No.3)
        Section 4.  That all the days and half days herein designated
     as legal holidays shall be regarded as secular or business days,
     for all other purposes than those mentioned in this act.
        (4 amended Feb. 19, 1911, P.L.3, No.3)