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(3.) The fact that the holder has reason to believe that the bill on presentment will be dishonoured, does not excuse presentment (o).
Rules as to presentment for acceptance and excuses for non-presentment.
(z) As to the necessity for presentment for acceptance, see subsect. 1 and note (a) thereto of sect. 39. A bill may be presented for acceptance by any person told or instructed to do so by or on behalf of the holder. As to the duties of an agent in presenting for acceptance, see Bank of Van Diemen's Land v. Bank of Victoria, cited in note (e) to sect. 40 of this Act.
(y) As to presentmeut for acceptance to the drawee, see Byles on Bills, 13th Ed., 185.
(6) It has been held that it is not sufficient to call at the residence of the drawee and to present the bill for acceptance to a person unknown to the person calling, Cheek v. Roper, 5 Esp. 175.
(w) “The usage on bills of exchange is established; they are payable any time on the last day of grace on demand, provided that demand be made within reasonable hours;" per Buller, J., in Leftley v. Mills, 4 T. R. 174. The same rule applies to presentment for acceptance as is provided by this sub-section. As to what is a reasonable hour on a business day, it is submitted that the words mean the usual hours of business. Thus in Parker v. Gordon, 6 Esp. 41, it was held that if a bill be made payable at a banker's, it must be presented within banking hours. So that a bill which has to be accepted by a banker must be presented within banking hours. As to reasonable hour in any other business, see Startup v. Macdonald, 6 M. & G. 593.
(v) By sect. 92 of this Act, “Non-business days for the purposes of this Act mean : (a) Sunday, Good Friday, Christmas Day; (6) A bank holiday under the Bank Holidays Act, 1871, or Acts amending it; (c) A day appointed by Royal Proclamation as a public fast or thanksgiving day.” Any other day by that section is a business day. Where the day on which a bill has to be presented for acceptance is a non-business day, other than a bank holiday, it must then be presented on the day preceding, unless the time within which the bill must be presented for acceptance is less than three days, in which case the nonbusiness day must be excluded, and the day for presentment would be the day following; see sections 14 and 92 of this Act and the notes thereto.
(u) See Owen v. Van Ulster, 10 C. B. 318. As to acceptances by one partner, see note (6) to sect. 24 of this Act.
(t) See note (b) to sect. 24 of this Act.
(s) As to this see Byles on Bills (13th Edit. 186); Smith v. Bank of New South Wales, 8 Moore, P. C. C. (N. S.), pp. 459–462; 41 L. J. Ad. pp. 53–55. Where the executor has not proved the will, see same (r) See Kufh v. Weston, 3 Esp. 54, where it was held that notice SS, 41, 42, 43. of the non-acceptance or non-payment of a bill is sufficiently given by
Rules as to proving that a letter was regularly put into the post informing the
presentment party of the fact.
and excuses (9) See note (s) hereto. As to the drawee being a fictitious person,
for non-presee Smith v. Bellamy, 2 Stark. 223.
sentment, (P) As to what is reasonable diligence, see the judgment of Mellish, L.J., in Smith v. Bank of New South Wales, 8 Moore, P. C. C. (N. S.) pp. 459–462; 41 L. J. Ad. 54, 55; see also note (v) to sect. 36, and sect. 40, sub-s. 3, and the notes thereto.
(o) See Hill v. Heap, D. & R. N. P. C. 57.
42.—(1.) When a bill is duly presented for acceptance, Non-acceptand is not accepted within the customary time, the person
Ind. Act, s. 61. presenting it must treat it as dishonoured by nonacceptance. If he do not, the holder shall lose his right of recourse against the drawer and indorsers (a).
(a) Customary time here means, it is submitted, reasonable time, Ind. Act, s. 63. or to use the language of Lord Cairns in Bank of Van Diemen's Land v. Victoria Bank, L. R. 3 P. C. 542; 40 L. J. P. C. 8, “ that limit of time which will preserve the right of the holder against the drawer.” As we have seen, the drawee is entitled to reasonable time, generally twenty-four hours, to deliberate whether or not to accept; and so it is Ind. Act, s. 83. provided by ss. 63 and 83 of the Indian Act. In one case it was held that where more than twenty-four hours are given, the holder should inform the antecedent parties, Ingram v. Foster, 2 Smith, 242.
43.—(1.) A bill is dishonoured (x) by non-accept- Dishonour by ance (y).
non-acceptance (a) When it is duly presented (@) for acceptance, and quences.
such an acceptance (w) as is prescribed by this Ind. Act, s. 61.
Act is refused or cannot be obtained; or
and the bill is not accepted.
(2) As to what an acceptance is see section 19 of this Act, and the sub-sections of the same and the notes thereto. As to when a bill may be accepted, see sect. 18 of this Act, and the sub-sections of the
and its conse
SS. 43, 44.
Dishonour by non-acceptance and its consequences.
same and the notes thereto. As to the drawee being allowed a reasonable time for deliberating as to whether he will accept or not, see note to last section.
(y) As to when a bill may be accepted see sect. 18 of this Act and the sub-sections of the same and the notes thereto.
(2) As to what is a due presentment for acceptance see sect. 41 (1) of this Act and subdivisions (a) (b) (c) (d) and (e) thereof, and the notes thereto.
(w) That is to say, an unqualified acceptance, as to which see sect. 44 (1) of this Act and the notes thereto.
(v) As to when presentment for acceptance is excused, see subsect. (2) of sect. 41 of this Act, and the subdivisions (a) (b) and (c) thereof and the notes thereto.
(t) See sub-sect. (1) of sect. 39 of this Act and the notes thereto.
Duties as to 44.-(1.) The holder of a bill may refuse (a) to take a qualified
qualified (b) acceptance, and if he does not obtain an unacceptance. Ind. Act, s. 91. qualified acceptance, may treat the bill as dishonoured (c)
by non-acceptance. Ind. Act, s. 86. (2.) Where a qualified acceptance is taken, and the
drawer or an indorser has not expressly or impliedly authorized the holder to take a qualified acceptance, or does not subsequently assent thereto, such drawer or indorser is discharged from his liability on the bill (d).
The provisions of this sub-section do not apply to a partial acceptance, whereof due
whereof due notice has been given (e). Where a foreign bill has been accepted as to part, it must be protested as to the balance (f).
(3.) When the drawer or indorser of a bill receives notice of a qualified acceptance, and does not within a reasonable time express his dissent to the holder, he shall be deemed to have assented thereto.
(a) “A man is not bound to receive a limited and qualified acceptance; he
refuse it and resort to the drawer ; per Chambre, J., in Gammon v. Schmoll, 5 Taunt. 353; see also the judgment of Lord Ellenborough in Boehm v. Garcias, 1 Camp. 425; and of Bayley, J., in Sebag v. Abitbol, 4 M. & S. 462; Story on Bills, s. 240; Byles on Bills (13th Edit.), 195.
(6) As to qualified acceptances see sect. 19 (2) of this Act, and subdivisions (a) (b) (c) (d) and (e) thereof, and notes (1) (m) (n) (0) (P) and (r) thereto.
(c) See note (a) hereto.
(d) “If the holder take a qualified acceptance, it may be a question SS. 44, 45. whether he ought not to give notice to all the parties to the bill, and
Duties as to whether, by omitting to do so, he does not discharge them;" per Bayley, J., in Sebag, v. Abitbol, 4 M. & S. 462. See also note (b) acceptance.
(e) As to partial acceptance contemplated by this sub-section see Julian v. Shobrooke, 2 Wils. 9; Wegersloffe v. Keene, 1 Stra. 214.
(1) There has been no decision exactly to this effect. See Story on Bills, s. 241.
45.-Subject to the provisions of this Act a bill must Rules as to be duly presented for payment. If it be not so presented presentment. the drawer and indorsers shall be discharged (x).
A bill is duly presented for payment which is presented Ind. Act, s. 64. in accordance with the following rules :
(1.) Where the bill is not payable on demand, present. Ind. Act, s. 66. ment must be made on the day it falls due (y).
(2.) Where the bill is payable on demand, then, subject Ind. Act, s. 74. to the provisions of this Act, presentment must be made within a reasonable time after its issue, in order to render the drawer liable; and within a reasonable time after its indorsement, in order to render the indorser liable (w).
In determining what is a reasonable time, regard shall Ind. Act, s. 105. be had to the nature of the bill, the usage of the trade with regard to similar bills, and the facts of the particular case (w).
(3.) Presentment must be made by the holder or by Ind. Act, s. 61. some person authorised to receive payment on his behalf at a reasonable hour (u) on a business day (v), at the proper place as hereinafter defined (t), either to the person designated by the bill as payer, or to some person Ind. Act, 8. 75. authorised to pay or refuse payment on his behalf (), if with the exercise of reasonable diligence such person can there be found. (4.) A bill is presented at the proper place :
Ind. Act, ss. (a) Where a place of payment is specified in the 68, 69.
bill, and the bill is there presented (r). (6) Where no place of payment is specified, but the Ind. Act, ss. 68 address of the drawee or acceptor is given in the and 69. bill, and the bill is there presented (2).
Rules as to presentment for payment. Ind. Act, s. 70. Ind. Act, s. 71.
Ind. Act, s. 76, sub-s. (a).
(c) Where no place of payment is specified and no
address given, and the bill is presented at the drawee's or acceptor's place of business if known,
and if not, at his ordinary residence if known (P). (d) In any other case if presented to the drawee or
acceptor wherever he can be found, or if presented
at his last known place of business or residence (6). (5.) Where a bill is presented at the proper place, and after the exercise of reasonable diligence no person authorised to pay or refuse payment can be found there, no further presentment to the drawee or acceptor is required (n).
(6.) Where a bill is drawn upon or accepted by two or more persons who are not partners, and no place of payment is specified, presentment must be made to them all.
(7.) Where the drawee or acceptor of a bill is dead, and no place of payment is specified, presentment must be made to a personal representative, if such there be, and with the exercise of reasonable diligence he can be found (m).
(8.) Where authorised by agreement or usage, a presentment through the post-office is sufficient (1).
Ind. Act, s. 75.
(2) “Every bill is to be properly presented for payment; and in an action thereon against the drawer or indorser, a presentment according to the usage and custom of merchants must be averred and proved, per Bayley, J., in Rowe v. Young, 2 Bligh, H. L. 468; and in Peacock v. Purssell, 32 L. J. C. P. 266, it was held that a bill taken as collateral security must be presented for payment when it becomes due, and the omission so to present discharges the debtor both on the bill and on the original consideration; see also Crowe v. Clay, 9 Ex. 206 ; 23 L. J. Ex. 150.“ In an action on a bill against the acceptor, presentment (generally speaking) need not be averred or proved, per Bayley, J., in Rowe v. Young, supra.
(y) By sect. 14 of this Act and sub-sect. (1) thereof three days of grace are, in every case where the bill itself does not otherwise provide, added to the time of payment as fixed by the bill, and the bill is due and payable on the last day of grace. See further sub-sects. (2) (3) and (4), and subdivisions (a) and (b) of sub-sect. (1) of that section, and notes (1) (m) (n) () (P) (9) and (r) thereto. Payment is demandable when the bill is due, and not before; Story on Bills, s. 324 ;