ance unless it expressly states that the bill is to be paid there only and not elsewhere (a). (a) Before the enactment of the 1 and 2 George IV., c. 78, it was a point much disputed whether, if a bill payable generally was accepted payable at a particular place, such an acceptance was a qualified one. Byles on Bills, 194. The House of Lords finally held that an acceptance payable at a particular place was a qualified acceptance, rendering it necessary, in an action against the acceptor, to aver and prove presentment at such place. Rome v. Young, 2 Brod. & Bing. 165; 2 Bligh, 391. This led to the passage of the statute above mentioned, called Sergeant Onslow's act, which provided that an acceptance payable at a particular place should be deemed a general acceptance unless expressed to be payable there "only and not otherwise or elsewhere." In the United States the weight of authority has been contrary to the decision of the House of Lords, and in favor of the rule as stated in this section. Wallace v. McConnell, 13 Peters, 136. See also note to section 130. § 229. Qualified acceptance.— An acceptance is qualified which is: 1. Conditional, that is to say, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated (a); 2. Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3. Local, that is to say, an acceptance to pay only at a particular place; 4. Qualified as to time; 5. The acceptance of some one or more of the drawees, but not of all. (a) Such an acceptance does not become due until the happening of the contingency upon which the bill is accepted. Brockway v. Allen, 17 Wend. 40; Newhall v. Clark, 3 Cush. 376; Myrick v. Merritt, 22 Fla. 335; Marshall v. Burnby, 25 Fla. 619. § 230. Rights of parties as to qualified acceptance. The holder may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, he may treat the bill as dishonored by non-acceptance (a). Where a qualified acceptance is taken, the drawer and indorsers are discharged from liability on the bill, unless they have expressly or impliedly authorized the holder to take a qualified acceptance, or subsequently assent thereto. When the drawer or an indorser receives notice of a qualified acceptance, he must within a reasonable time express his dissent to the holder, or he will be deemed to have assented thereto. (a) Cline v. Miller, 8 Md. 274. But if he receives such an acceptance he can claim payment only according to the condition or qualification. (Id.) An agent for collection, as, for example, a bank, has no authority to receive anything short of an explicit and unqualified acceptance. Walker v. New York State Bank, 9 N. Y. 582. ARTICLE XII. PRESENTMENT OF BILLS OF EXCHANGE FOR ACCEPTANCE. Section 240. When presentment for acceptance must be made. 241. When failure to present releases drawer and indorser. 242. Presentment; how made. 243. On what days presentment may be made. 246. When dishonored by non-acceptance. § 240. When presentment for acceptance must be made. Presentment for acceptance must be made: 1. Where the bill is payable after sight or in any other case where presentment for acceptance is necessary in order to fix the maturity of the instrument (a); or 2. Where the bill expressly stipulates that it shall be presented for acceptance; or 3. Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee. In no other case is presentment for acceptance necessary in order to render any party to the bill liable. (a) Although when a bill is made payable at a day certain, as at a fixed time after its date, presentment for acceptance before that time is not necessary in order to charge the drawer or indorsers, yet where a bank receives such a bill for collection, its duty is to present the bill for acceptance without delay. For it is to the owner's interest that the bill should be so accepted, as only by accepting it does the drawee become bound to pay it, and until such acceptance the owner has for his debtor only the drawer, and the step is one which a prudent man of business, ordinarily careful of his own interests, would take for his protection. Allen v. Suydam, 17 Wend. 368. A bill payable at a fixed period from its date may be presented for acceptance at any time. Bachellor v. Priest, 12 Pick. 399; Oxford Bank v. Davis, 4 Cush. 188. § 241. When failure to present releases drawer and indorser. Except as herein otherwise provided, the holder of a bill which is required by the next preceding section to be presented for acceptance must either present it for acceptance or negotiate it within a reasonable time (a). If he fails to do so, the drawer and all indorsers are discharged. (a) Robinson v. Ames, 20 Johns. 146; Gowan v. Jackson, 20 Johns. 176; Wallace v. Agry, 4 Mason, 333; Prescott Bank v. Coverly, 7 Gray, 217; Walsh v. Dort, 23 Wis. 334; Phoenix Ins. Co. v. Allen, 11 Mich. 30; Goupy v. Harden, 7 Taunt. 397. A delay of the mail is a sufficient excuse for the omission to immediately present a bill for acceptance; and a presentation immediately after its reception is in time to charge the indorser. Walsh v. Blatchley, 6 Wis. 422. § 242. Presentment; how made.- Presentment for acceptance must be made by or on behalf of the holder at a reasonable hour (a), on a business day, and before the bill is overdue, to the drawee or some person authorized to accept or refuse acceptance on* behalf (b); and 1. Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all (c), unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only; 2. Where the drawee is dead, presentment may be made to his personal representative (d); * Through error in engrossing word "his" omitted. 3. Where the drawee has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, presentment may be made to him or to his trustee or assignee. (a) Cayuga County Bank v. Hunt, 2 Hill, 635. (b) Byles on Bills, 182. The holder may require the production by the agent of a clear and explicit authority from his principal to accept in his name, and without its production may treat the bill as dishonored. Daniel on Negotiable Instruments, section 487. (c) But if one of the drawees accepts he will be bound by his acceptance. Smith v. Melton, 133 Mass. 369. (d) Presentment in such case is not necessary. See section 245. But as it will be convenient in most instances to have the bill duly protested, it is well to have some one designated to whom presentment can be made. § 243. On what days presentment may be made.- A bill may be presented for acceptance on any day on which negotiable instruments may be presented for payment under the provisions of sections one hundred and thirty-two and one hundred and forty-five of this act. When Saturday is not otherwise a holiday, presentment for acceptance may be made before twelve o'clock noon on that day. $244. Presentment where time is insufficient. Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused and does not discharge the drawers and indorsers. § 245. Where presentment is excused.-Presentment for acceptance is excused and a bill may be treated as dishonored by non-acceptance in either of the following cases: 1. Where the drawee is dead (a), or has absconded, or is |