CHAPTER CXXXIV. *

of bills, NOTES, BONDS, ASSIGNMENTS, AND OTHER WRITINGS; COMPROMISE; PART PERFORMANCE OF CONTRACT ACCEPTED IN SATISFACTION.

1895-6, p. 412.

Amendments

Sec. 2844. Public holidays; when bills, notes, &c., otherwise pre- As Amended sentable on any such holiday to be presentable.-The first day of Jan- Previous uary, the nineteenth day of January (known as Lee's birthday), the twenty- 1889 90, p. 117. second day of February, the fourth day of July, the first Monday in 1891-2, p. 256. September (known as labor day), the twenty-fifth day of December, every Saturday from 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 of fasting and prayer or other religious observance shall for all purposes whatever as regards the presenting for payment or acceptance and of protesting and giving notice of the dishonor of any bill of exchange, draft, check, promissory note, or other negotiable instrument made on and after May first, eighteen hundred and ninety-six, be considered and treated as a Sunday and as public holidays and half-holidays, and all such bills of exchange, drafts, checks, promissory notes, or other negotiable instruments otherwise presentable for payment or acceptance on any of the said holidays or on a Sunday shall be deemed to be payable and be presentable for payment or acceptance on the secular or business day next succeeding such holiday or Sunday, or in case of a half-holiday be deemed to be payable and presentable for payment or acceptance 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, draft, check, promissory note, or other negotiable instrument, and which shall not have been paid before twelve o'clock noon of any Saturday designated a half-holiday as aforesaid, a demand of payment or acceptance thereof may be made at any time on Saturday after twelve o'clock noon, and notice of protest or dishonor thereof may be given on the next succeeding secular or business day with the like effect as if it had been given on said Saturday: and provided, further, that when any person, firm, corporation, or company shall on any Saturday designated a half-holiday receive for collection any bill of exchange, draft, check, promissory note, or other negotiable instrument 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 collecting such bill of exchange, draft, check, promissory note, or other negotiable instrument 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 halfdays 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: 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 Saturday afternoons herein designated as half-holidays nor to prevent any bank from keeping its doors open or transacting its business on any of the said Saturday afternoons if by a vote of its directors it elects to do so.

*As there may yet arise many cases governed by the provisions of this chapter (134) all amendments to the sections therein are here given, regardless of whether they are repealed by the "Negotiable Instruments Law" (Ante section 2841 a), which does not apply to nego. tiable instruments made and delivered prior to the passage of that act.

As Amended 1891-2, p. 257.

As Amended 1891-2, p. 432. 85 Va. 95.

As Amended 1893-4, p. 493. 87 Va. 661.

As Amended 1897-8, p. 716. 87 Va. 661.

2. Whenever the first day of January, the nineteenth day of January, the twenty-second day of February, the fourth day of July, or the twenty-fifth day of December shall fall on a Sunday the Monday next following shall be deemed a public holiday for any and all the purposes aforesaid, and in that case every bill of exchange, draft, check, promissory note, or other negotiable instrument made on and after May first, eighteen hundred and ninetysix, which would otherwise be presentable for payment or acceptance on the said Monday shall be deemed to be presentable for payment or acceptance on the secular or business day next succeeding.

Sec. 2847. When if day following that on which it becomes due be a Sunday or public holiday.—If the day following that on which any such bill shall become due shall happen to be a Sunday, the first day of January, the nineteenth day of January, the twenty-second day of February, the fourth day of July, the first Monday in September (known as labor day), the twenty-fifth day of December, or 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 it shall not be necessary to present it or forward it for presentment for payment to such acceptor for honor or referee until the first day afterwards which is not a Sunday or one of the other days above mentioned.

Sec. 2848. What equivalent in city or town to personal service of notice of protest.-In any city or town the sending of a notice of protest or dishonor of a bill, note, or other negotiable instrument properly addressed by mail to any person residing therein or whose post-office is therein shall be deemed equivalent to personal service of the notice on such party. Sec. 2849. [87 Va. 661; 2 Va. L. R. 612.]

Sec. 2850. Of what protest is evidence.-The protest in all cases, whether such protest be made in this state or not, shall be prima facie evidence of what is stated therein, or at the foot or on the back thereof, in relation to presentment, demand, dishonor, and notice thereof.

Sec. 2853. Upon what note or bill or other negotiable instrument, and when action of debt or assumpsit may be brought, and against whom. Upon any note, check, bill of exchange, or other instrument which under the laws of the state is negotiable, whether the same be payable in or out of this state, an action of debt or assumpsit may be maintained and judgment given jointly against all liable by virtue thereof, whether drawer, indorsers, or acceptors, or against any one or any intermediate number of them for the principal and charges of protest if the same should be protested, with the interest thereon from the date of protest, and in case of such bills for damages also.

Sec. 2855. [85 Va. 721.]

Sec. 2856. [89 Va. 253.]

Sec. 2857. [89 Va. 253.]

Sec. 2858. [84 Va. 840.]

Sec. 2859. [89 Va. 253.]

Sec. 2860. [82 Va. 518; 84 Va. 747; 85 Va. 49; 87 Va. 185, 466; 92 Va. 540; 93 Va. 584.]

Sec. 2861. [93 Va. 584; 2 Va. L. R. 612.]

CHAPTER CXXXV.

OF PARTNERS, FACTORS, AND AGENTS; OF PARTNERSHIP ASSOCIATIONS.

Sec. 2871. How the business to be conducted.-The names of the As Amended general partners of such partnership and of the special partners shall 1887-8, p. 321. appear conspicuously upon the front of the place or places of business of said partnership, but the business of the partnership may be conducted under any firm name that the partners may choose to adopt so that the names of the special partners do not appear therein. The general partners only shall be authorized to make a contract (with others than partners) respecting the concerns of the partnership or to transact its business. If such partnership fail to comply with the preceding provisions of this section, or if the name of any special partner be used with his privity in connection with any firm contract, or if he transact business for the partnership as agent or otherwise he shall be liable as general partner. But this section shall not prevent him from examining into the state of the business and advising as to its management.

Amendment 1897-8, p. 22.

Sec. 2872. When capital not to be withdrawn nor dividend made. As Amended During the continuance of the partnership no part of any sum which any Previous 1897-8, p. 75. special partner has contributed to the stock shall be withdrawn, nor shall any division of interest or profits be made so long as the stock is reduced below the sum stated in the paper mentioned in section twenty-eight hundred and sixty-five; and if at any time during the continuance or at the termination of the partnership its assets are not sufficient to pay its debts the special partners shall severally be liable for all sums by them in any way withdrawn or received, with interest thereon from the time when they were so withdrawn or received, or so much thereof as may be necessary to pay such partnership debts as may remain unpaid after applying thereto the partnership effects: provided, however, that such special partners shall not be liable for any amounts so withdrawn or received if at the time of such withdrawal or receipt the original sum contributed by said special partners remains unimpaired.

Sec. 2874. [90 Va. 22.]

Sec. 2877. [91 Va. 347; 2 Va. L. R. 878.]

Sec. 2877 a. To require the power appointing an agent to conduct a 1897-8, p. 104. mercantile business to be in writing and recorded and to require a copy of the same to be posted conspicuously in the place of business conducted by such agent.-When any person, partnership, or corporation shall appoint an agent to conduct a mercantile business such agent shall be conclusively presumed to have the right to buy and sell upon a credit and to do any and all acts in the conduct of such business that his principal could do unless his appointment shall be in writing, duly acknowledged, setting forth fully the restrictions upon his powers and recorded in the deed book in the clerk's office of the county or corporation in which such business is conducted and unless a copy of such power be conspicuously posted in the place of business conducted by such agent. After thirty days from the passage hereof the provisions of this act shall apply to all such agents heretofore appointed.

Sec. 2877 b. Payment of debts due by commission merchants and As Amended to provide remedies in respect thereto.-Whenever any farm product Original Act 1895-6, p. 676. shall have been consigned to any commission merchant for sale and the 1893-4, p. 491. said commission merchant shall become insolvent or die before paying over

the proceeds of the sale thereof to or on account of the consignor or owner of said farm product the claim of such consignor or owner, when legally proved, shall be a lien on the estate of said commission merchant subject only to such liens as were created on said estate and recorded prior to said sale: provided, however, that the benefit of this act shall not accrue to any consignor or owner who shall allow such proceeds to remain with such commission merchant at interest nor to any consignor or owner who shall allow such proceeds to remain in the hands of such commission merchant more than thirty days after becoming informed of such sale.

Jurisdiction is hereby given to courts exercising circuit court powers in chancery to enforce the provisions of this act.

CHAPTER CXXXVI.

FOR THE RELIEF OF SURETIES.

Sec. 2890. [85 Va. 386, 691.]

Sec. 2891. [85 Va. 386, 691.]

Sec. 2893. [82 Va. 65; 89 Va. 507.]

TITLE 41.

ACTION FOR INJURIES AND ACTION FOR DETINUE.

As Amended

1893-4, p. 83.

92 Va. 687.

2 Va. L. R. 27.

CHAPTER CXXXVII.

OF ACTION FOR INJURIES.

Sec. 2896. [87 Va. 269.]

Sec. 2897. [Insulting words a misdemeanor also. Post section 3780 a 83 Va. 106; 84 Va. 664, 884; 91 Va. 534.]

Sec. 2898. [91 Va. 548.]

Sec. 2900. [84 Va. 553; 86 Va. 19.]

Sec. 2901. [83 Va. 851.]

Sec. 2902. [92 Va. 687; 2 Va. L. R. 27.]

Sec. 2903. [92 Va. 687; 2 Va. L. R. 27.]

Sec. 2904. [84 Va. 415.]

Sec. 2906. When right of action not to determine nor action when brought to abate.-The right of action under sections twenty-nine hun1 Va. L. R. 29 dred and two and twenty nine hundred and three shall not determine nor the action when brought abate by the death of the defendant or the dissolution of the corporation when a corporation is the defendant; and where an action is brought by a party injured for damage caused by the wrongful act, neglect, or default of any person or corporation and the party injured dies pending the action the action shall not abate by reason of his death, but his death being suggested it may be revived in the name of his personal representative.

CHAPTER CXXXVIII.

OF THE ACTION OF DETINUE.

Sec. 2907. [92 Va. 601.]

TITLE 42.

LIMITATION OF SUITS.

CHAPTER CXXXIX.

OF THE LIMITATION OF SUITS.

Sec. 2915. [82 Va. 449; 84 Va. 337; 85 Va. 429; 86 Va. 892; 87 Va. 323;

89 Va. 524; 93 Va. 433.]

Sec. 2917. [93 Va. 249.]

Amendment

Sec. 2919. Periods which are to be excluded from computation of As Amended the time within which, by operation of any statute or rule of law, any Previous 1895-6, p. 331. civil proceeding must be commenced. The period between the seven- 1887-8, p. 345. teenth day of April, eighteen hundred and sixty-one, and the second day of 82 Va. 419. March, eighteen hundred and sixty-six, shall be excluded from the computation of the time within which, by the terms or operation of any statute or rule of law, it may be necessary to commence any action or other proceeding or to do any other act to preserve or prevent the loss of any civil right or remedy or to avoid any fine, penalty, or forfeiture; and the period between the second day of March, eighteen hundred and sixty-six, and the first day of January, eighteen hundred and sixty-nine, and the period of one year from the death of any party shall be excluded from the computation of time within which, by the operation of any statute or rule of law, it may be necessary to commence any proceeding to preserve or prevent the loss of any right or remedy.

Sec. 2920. [82 Va. 424; 83 Va. 286, 736, 889; 85 Va. 116, 524, 820, 901; 86 Va. 177; 89 Va. 801; 2 Va. L. R. 272.]

Sec. 2922. [82 Va. 518; 84 Va. 331; 85 Va. 820; 86 Va. 177; 93 Va. 64, 433; 2 Va. L. R. 272.]

Sec. 2923. [82 Va. 518.]

Sec. 2927. [87 Va. 500; 88 Va. 466; 92 Va. 687; 2 Va. L. R. 27.]

Sec. 2929. [85 Va. 441; 86 Va. 687.]

87 Va. 621.

Sec. 2933. As to plaintiff when suit prevented by defendant; As Amended when right of action on foreign contract barred.-Where any such 82 Va. 359. 1897-8, p. 441. right as is mentioned in this chapter shall accrue against a person who by 84 Va 331. departing without this state or by absconding or concealing himself, or by continuing to reside without the state, or by any other indirect way or means shall obstruct the prosecution of such right the time that such obstruction may have continued shall not be computed as any part of the time in which the said right might or ought to have been prosecuted. But this section shall not avail against any other person than him so obstructing notwithstanding another might have been jointly sued with him if there had been no such obstruction. And upon a contract which was made and was to be performed in another state or country by a person who then resided therein no action shall be maintained after the right of action thereon is barred by the laws of such state or country.