CHAPTER 55

AN ACT TO AMEND CHAPTER 1, TITLE 6, OF THE DELAWARE CODE, RELATING TO NEGOTIABLE INSTRUMENTS.

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

Section 1. Section 172(2) of Title 6 of the Delaware Code, is amended by striking the semi-colon at the end thereof, inserting a comma in its place and adding the following:

except that, where payable at a bank, presentment must be made during its banking day.

Section 2. Title 6 of the Delaware Code, is amended by striking Section 185 thereof and inserting in lieu thereof the following:

§ 185. Time of Maturity

Every negotiable instrument is payable at the time fixed therein without grace. When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. When the day of maturity of an instrument falls on a holiday and the instrument is payable by or at a bank or branch or office thereof which is open for the transaction of business on such holiday, the holder of the instrument may at his option present the same for payment at said bank or branch or office thereof by or at which the same is payable on such holiday or on the next succeeding banking day. An instrument payable on demand is not to be presented for payment on a Sunday or holiday but is to be presented for payment on the next succeeding business day except that where such instrument is payable by or at a bank or any branch or office thereof which is open for the transaction of business on a holiday, the holder of such instrument may at his option present the same for payment at said bank or branch or office thereof on such holiday or the next succeeding banking day.

Section 3. Section 246 of Title 6 is amended by striking the last sentence as the same appears therein.

Section 4. Section 291 of Title 6 of the Delaware Code, is amended by adding thereto a new definition reading as follows:

"Banking day" means that part of any day, including legal holidays, on which a bank is open to the public for carrying on substantially all of its banking functions.

Section 5. Title 6 of the Delaware Code, is amended by striking Section 294 thereof and inserting the following:

§ 294. Time, how computed; when the last day falls on holiday

Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day; except that where such act is to be done by or at a bank, the act may be done on the next succeeding banking day.

Approved May 11, 1965.