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CHAPTER VIII.

OF NOTICE OF DISHONOUR.

notice

91. A bill of exchange is said to be dishonoured by non- Dishonour acceptance when the drawee, or one of several drawees not by non

acceptance. being partners, makes default in acceptance upon being duly required to accept the bill, or where presentment is excused and the bill is not accepted.

Where the drawee is incompetent to contract, or the acceptance is qualified, the bill may be treated as dishonoured.

92. A promissory note, bill of exchange or cheque is said Dishonour to be dishonoured by non-payment when the maker of the by non

payment. note, acceptor of the bill or drawee of the cheque makes default in payment upon being duly required to pay the same.

93. When a promissory note, bill of exchange or cheque is By and dishonoured by non-acceptance or non-payment, the holder to com

whom thereof, or some party thereto who remains liable thereon, must should be give notice that the instrument has been so dishonoured to all

given. other parties whom the holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly liable thereon.

Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory note, or the drawee or acceptor of the dishonoured bill of exchange or cheque.

94. Notice of dishonour may be given to a duly authorized Mode in agent of the person to whom it is required to be given, or, notice may where he has died, to his legal representative, or, where he has be given. been declared an insolvent, to his assigneel; may be oral or

| The case where he has become a lunatic is omitted.

which

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written; may, if written, be sent by post; and may be in any form ; but it must inform the party to whom it is given, either in express terms or by reasonable intendment , that the instrument has been dishonoured, and in what way, and that he will be held liable thereon ; and it must be given within a reasonable time 2 after dishonour, at the place of business or

2 (in case such party has no place of business) at the residence of the party for whom it is intended.

If the notice is duly directed and sent by post and mis

carries, such miscarriage does not render the notice invalid. Party 95. Any party receiving notice of dishonour must, in order receiving

to render any prior party liable to himself, give notice of dismust transmit honour to such party within a reasonable time , unless such notice of dishonour. party otherwise receives due notice as provided by section

ninety-three 4 Agent 96. When the instrument is deposited with an agent for sentment.

presentment, the agent is entitled to the same time to give notice to his principal as if he were the holder giving notice of dishonour, and the principal is entitled to a further like

period to give notice of dishonour. When 97. When the party to whom notice of dishonour is party to whom

despatched is dead, but the party despatching the notice is notice

ignorant of his death, the notice is sufficient. given is dead.

98. No notice of dishonour is necessaryWhen notice of (a) when it is dispensed with by the party entitled thereto; dishonour

(6) in order to charge the drawer, when he has counteris unnecessary.

manded payment;

(c) when the party charged could not suffer damage for want of notice 6;

(a) when the party entitled to notice cannot after due

for pre

1 Hedger v. Steavenson, 2 M. &

W. 799

. This must be determined according to the circumstances of the case, 6 All. 78, where this rule was applied to a hundí, no local usage to the contrary being proved.

3 See secs. 106, 107.
* Ordinarily notice of dishonour by

non-acceptance of a bill drawn in
India and payable in England should
be posted by the first mail which
leaves England after the dishonour, 3
N. W. P. 99.

5 where the death is known, see sec. 94

6 6 All. 78.

search? be found; or the party bound to give notice is, for any other reason, unable without

any

fault of his own to give it; (e) to charge the drawers, when the acceptor is also a drawer;

(f) in the case of a promissory note which is not negotiable;

(9) when the party entitled to notice, knowing the facts, promises unconditionally to pay the amount due on the instrument.

' i. e. such search and enquiry as would enable the holder to give

notice in the terms mentioned in sec. 106, Shaw, p. 156.

VOL. 1.

Z Z

CHAPTER IX.

OF NOTING AND PROTEST.

Noting.

99. When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly

upon each.

$

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Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder

treats it as dishonoured, and the notary's charges. Protest. 100. When a promissory note or bill of exchange has been

dishonoured by non-acceptance or non-payment?, the holder may“, within a reasonable time, cause such dishonour to be noted and certified 5 by a notary public. Such certificate is

called a protest. Protest for When the acceptor of a bill of exchange has become insolbetter security.

vent, or his credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. Such certifi

cate is called a protest for better security. Contents 101. A protest under section one hundred must containof protest.

(a) either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon ;

$ In Bombay City Bank v. Moonjee ? There is no provision for protest- Hurridoss, Bourke, Rep. 274, Phear ing a lost bill or note.

i Sec. 105.

J. seems to have held that the mere

noting, even if it disclose the notary's 4 As to when an ipland bill must name, is not evidence of presentment be protested, see chap. xi infra. or dishonour.

Sec. 8.

(6) the name of the person for whom and against whom the instrument has been protested;

(c) a statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public; the terms of his answer, if any,

, or a statement that he gave no answer, or that he could not be found;

(1) when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal ;

(e) the subscription of the notary public making the protest;

(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected.

A notary public may make the demand mentioned in clause (c) of this section either in person or by his clerk or, where

, authorized by agreement or usage, by registered letter 2.

102. When a promissory note or bill of exchange is Notice of required by law to be protested, notice of such protest 3 must be protest. given instead of notice of dishonour, in the same manner and subject to the same conditions ; but the notice may be given by the notary public who makes the protest.

103. All bills of exchange drawn payable at some other Protest for place than the place mentioned as the residence of the drawee, ment after and which are dishonoured by non-acceptance, may, without dishonour

by nonfurther presentment to the drawee, be protested for non-pay- acceptance. ment, in the place specified for payment, unless paid before or at maturity. 104. Foreign bills of exchange* must be protested for dis- Protest

of foreign honour when such protest is required by the law of the place

bills. where they are drawn 5.

not the seal. : Act II of 1885, sec. 5. • It is not necessary to send a copy of the protest.

• There is no express requirement that foreign notes (Bonar v. Mitchell, 5 Exch. 415) or cheques must be protested; but see sec. 102.

Sec. 12.

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