(Time.) or bearer,

(77.)

Form of a Judgment Note with Waiver.

19_.

after date, for value received, I promise to pay dollars, with interest, and without defalcation or stay of execution. And I do hereby confess judgment for the above sum, with interest and costs of suit, a release of all errors, and waiver of all rights to inquisition and appeal, and to the benefit of all laws exempting real or personal property from levy and sale.

(Signature.)

Sometimes, in addition to the above, the same note has below it a power of attorney, authorizing the attorney whose name is put into the blank left for that purpose to appear in court for the promisor, and confess judgment. Sometimes the power is given to an attorney whom the parties agree upon, and then no other attorney can confess the judgment. It is, however, far more usual, and better, to insert the name of an attorney, and add, as in the following form, "or any attorney of any court of record."

Sometimes the note is followed on the same paper by a power to confess judgment, and a waiver of all right of exemption; both the power and the waiver extending beyond the above written note, and covering other notes and bonds and other evidence of debt.

(78.)

Judgment Note with fuller Waiver, and Power of Attorney.

Know all Men by these Presents, That whereas, is now justly indebted to

(Signature.) the subscriber, upon a certain promissory note, bearing dollars, and cents, paya"" and may from time to

and due

even date herewith, for the sum of ble to the order of the said time hereafter become further or otherwise justly indebted to the said -, upon bonds, promissory notes, due-bills, and other written evidences of debt, made, or to be made, indorsed or accepted by him and held or owned by the said or the assignee or assignees hereof. Now, Therefore, in consideration of the premises, and of the sum of one dollar to me paid by the said ————————— the receipt whereof is hereby acknowledged, I do hereby make, constitute, and appoint

or any attorney of

any court of record, to be my true and lawful attorney, irrevocable, for me and in my name, place, and stead, to appear in and before any court of record, either in term-time or in vacation, in any of the States or Territories of the United States, at any time after the maturity of said note, or of any such bond, promissory note, due-bill, or other written evidence of debt, so already made or to be made, indorsed or accepted by me as aforesaid, respectively, to waive service of process, and confess a judgment in favor of the said his executors, administrators, assignee or assignees, or the legal holder or holders of said note or any one or more of such bonds, promissory notes, due-bills, or other written evidences of debt, as aforesaid, for so much money as shall by the same appear to be due or owing thereon, with interest thereon according to the tenor and effect thereof respectively, together with costs; also, for dollars attorney's fees, to be added to the amount due or owing on entering up judgment; also, to file a cognovit for the amount that may be so due or owing, including attorney's fees as aforesaid, with an agreement therein that no writ of error or appeal shall be prosecuted upon the judgment entered up by virtue hereof, nor any bill in equity filed to restrain or in any manner interfere with the operation of said judgment, or any execution issued or to be issued thereon, and to release all errors that may intervene in the entering-up of any such judgment or issuing any execution thereon, and to consent, stipulate, and agree, that any execution issued or to be issued upon such judgment, may be immediately levied upon, and satisfied out of any personal property which I may have or own, and to waive and relinquish all my right to have my personal property last taken and levied upon to satisfy such execution, and also to consent that execution may issue upon any such judgment immediately. Hereby ratifying and confirming all that my said attorney may do by virtue hereof.

And, in consideration of the premises, I do hereby stipulate, covenant, and agree with the said his executors, administrators, and with the assignee, assignees, or the legal holder or holders of said note, or of any one or more of such bonds, promissory notes, due-bills, or other written evidences of debt as aforesaid, that any execution so issued or to be issued as aforesaid, may first be levied upon and satisfied out of any personal property which I may have or own, hereby expressly waiving all right to have my personal property last taken and levied upon to satisfy such execution. Witness my hand and seal this

In Presence of

day of

A. D. 19. (Signature.) (Seal.)

Notary Public, duly commissioned and sworn, residing in the City (or Town) of aforesaid, did present the original (note or bill of and demanded (payment or accept

exchange) hereunto annexed to

ance) thereof, which was refused, stating

WHEREUPON, I, the said Notary, at the request aforesaid, did PROTEST, and do hereby publicly and solemnly PROTEST against the Drawers and Indorsers of the said (note or bill) and all others concerned, for all exchange, re-exchange, all costs, damages, and interest, incurred or to be incurred for want of (payment or acceptance) of the same.

And I, the said Notary, do hereby certify, that on the same day I deposited in the Post Office at Notices for the following persons:

aforesaid

Notary Public.

THUS DONE AND PROTESTED, in the City (or Town) of and my Notarial Seal affixed, the day and year above written. (Seal.)

SIR:

(80.)

Notice of Protest.

19.

Please take notice, that a (note made by, or bill of exchange drawn by

on

) for

dollars, dated

1900, payable

and indorsed by you, is duly protested for non-payment (or acceptance), payment (or acceptance) having been demanded and refused, and the holders look to you for the payment thereof.

To

Respectfully,

Notary Public.

ABSTRACT OF THE DAYS OF GRACE AND HOLIDAYS IN ALL
THE STATES AND TERRITORIES.
ALABAMA.

The uniform negotiable instruments law has been adopted and days of grace are abolished. Sundays, Christmas Day, January 1st and 19th, February 22d, April 13th, and 26th, June 3rd, July 4th, Oct. 12th, the first Monday of September, the second Thursday in October, Thanksgiving Day, and Mardi Gras are holidays. If any other holiday falls on Sunday, the Monday following is a holiday. Paper falling due on a holiday is payable on the next succeeding business day.

ALASKA.

Uniform negotiable instrument act adopted and grace abolished. Holidays, Jan. 1st, Feb. 12th and 22d, March 30th, May 30th, July 4th, Oct. 18, Dec. 25th, Labor Day, Thanksgiving and general election days.

ARIZONA.

The uniform negotiable instruments law has been adopted and days of grace are abolished. January 1st, February 12th, and 22d, May 30th, July

4th, the first Monday in September, October 12th, December 25th, Sundays, Thanksgiving, Arbor and election days are holidays. When any other holiday falls on Sunday, the following day is treated as a legal holiday. Notes, checks, etc., payable on a holiday are due and collectible on the day following. ARKANSAS.

Negotiable instruments are governed by the rules of commercial law. Sundays, January 1st and 19th, February 22d, June 3d, July 4th, December 25th, the first Monday in September, general election and Thanksgiving days are legal holidays, and all paper falling due on either of said days is payable on the preceding day.

CALIFORNIA.

The uniform negotiable instruments law has been adopted and days of grace are abolished. All contracts to be performed on a holiday may be performed on the next business day. Sundays, January 1st, February 12th and 22d, May 30th, July 4th, September 9th, the first Monday of September, October 12th, Christmas, general election days, and all days appointed by the Governor or President as days of public fast, Thanksgiving, or holiday, are legal holidays. When any other holiday falls on Sunday, the Monday following is treated as a holiday.

COLORADO.

The uniform negotiable instruments law has been adopted and days of grace are not allowed. Sundays, January 1st, February 12th and 22d, May 30th, July 4th, the first Monday in September, election day in November, December 25th, Thanksgiving and fast days are holidays, and bills and notes due on any of said days are payable on the next succeeding business day. When any holiday falls on Sunday, the Monday following is treated as a holiday.

CONNECTICUT.

The uniform negotiable instruments law has been adopted and days of grace are abolished. Paper falling due on Sunday, January 1st, February 12th, February 22d, May 30th, July 4th, the first Monday of September, October 12th, December 25th, Thanksgiving or fast days, is payable on the business day next succeeding. A holiday falling on Sunday is observed on Monday. Saturday afternoon is a holiday for banking purposes, and paper maturing on Saturday is payable on Monday, but instruments payable on demand may be presented for payment before twelve o'clock.

DELAWARE.

The uniform negotiable instruments law has been adopted and days of grace are abolished. Sundays, January 1st, February 12th and 22d, May 30th, July 4th, the first Monday of September, October 12th, December 25th, general election day, Thanksgiving, Saturday afternoon in New Castle and Kent Counties, are public holidays, and negotiable instruments due on such day or on the following day, when any holiday falls on Sunday, are payable

on the next business day. Paper maturing on a half-holiday Saturday is payable on the next succeeding business day.

DISTRICT OF COLUMBIA.

The uniform negotiable instruments law is in effect and days of grace are abolished. Sunday, January 1st, February 22d, May 30th, July 4th, December 25th, the first Monday of September, inauguration day, Thanksgiving and fast days are public holidays, and notes falling due thereon are deemed to have matured on the business day following. When any other holiday falls on Sunday the following day is a holiday. Saturday afternoon is a holiday for banking purposes.

FLORIDA.

The uniform negotiable instruments law has been adopted and days of grace are abolished. Sundays, January 1st and 19th, February 22d, April 26th, June 3d, July 4th, 1st Monday of September, 2nd Friday of October, December 25th, Good Friday, Thanksgiving, general election days, and Shrove Tuesday in all cities or towns having a Carnival Association, are public holidays, and notes falling due on such days must be presented on next succeeding business day. When any other holiday falls on Sunday, the following Monday is a holiday. Notes, etc., falling due Saturday are payable on Monday, but if on demand may be presented Saturday before twelve.

GEORGIA.

Days of grace are abolished on all commercial paper. Sundays, January 1st and 19th, February 22d, April 26th, June 3d, July 4th, December 25th, the first Monday of September, and days of public Thanksgiving and fast are holidays. Notes, etc., falling due on a holiday are payable on the business day next succeeding. When holiday falls on Sunday, Monday is observed.

HAWAII.

The uniform negotiable instruments law has been adopted and days of grace are abolished. Bills and notes falling due on Sunday or a holiday, or on a Saturday half-holiday, are payable on the next succeeding business day, except that those payable on demand may be presented on Saturday before twelve o'clock. Holidays are: January 1, February 22, May 30, June 11, July 4, December 25, the first Monday and third Saturday in September, and any day of thanksgiving or fasting appointed by the President of the United States, and any holiday appointed by the Governor.

IDAHO.

The uniform negotiable instruments law has been adopted and days of grace are abolished. Sundays, January 1st, February 22d, May 30th, June 15th, July 4th, October 12th, December 25th, the first Monday in September, election, fast, and Thanksgiving days are holidays. Paper due on a holiday is payable on the next succeeding business day. Paper falling due on Saturday is payable on Monday, but if on demand, may be presented Saturday before noon.