Delaware General Assembly


CHAPTER 53

AN ACT TO AMEND CHAPTER 5 OF TITLE 1 OF THE DELAWARE CODE RELATING TO LEGAL HOLIDAYS.

Be it enacted by the General Assembly of the State Delaware:

Section 1. Title 1 of the Delaware Code, is amended by striking Section 502 and inserting in lieu thereof the following:

§ 502. Validity of acts, transactions, legal procedures, etc.

(a) No contract made, instrument executed, or act done on any of the legal holidays designated in Section 501 of this Title shall be thereby rendered invalid, and nothing in that Section shall be construed to prevent or invalidate the entry, issuance, service or execution of any writ, summons, confession, judgment, order or decree, or other legal process whatever, or the proceedings of any court or judge on any of such holidays.

(b) Any bank or trust company may, at its option, either close or remain open for business on the legal' holidays designated in Section 501 of this Title. As to any bank or trust company electing to remain open on any of such holidays, such day or days shall not constitute a holiday within the meaning of the provisions of the negotiable instrument law or any other law of this state and such bank or trust company shall incur no liability by reason of remaining open on such holiday. If any bank or trust company elects to close on any of such holidays, any act authorized, required or permitted to be performed at or by such bank or trust company may be performed on the next succeeding banking day (as the same is defined in Section 291 of Title 6) and no liability or loss of rights of any kind shall result from remaining closed notwithstanding the provisions of any law of this state to the contrary. The provisions of this Section shall not operate to invalidate or prohibit the doing on any of such holidays of any act by any person or bank or trust company, and nothing in any laws of this state shall, in any manner whatsoever, affect the validity or render void or voidable the payment, certification or acceptance of a check or any other negotiable instrument or any other transaction by any person or bank or trust company, because done or performed during any of such holidays, notwithstanding the provisions of any other law of this state to the contrary.

(c) For the purpose of this Section, each branch or office of a bank shall be deemed a separate bank.

Approved May 11, 1965.