Assent to a qualified acceptance will be implied as against a drawer or any endorser who receives notice of such an acceptance and does not within a reasonable time express his dissent to the holder (sec. 83).

Prior to the revision of 1906, this section and sub-sec. 3 of sec. 112 (protest of unaccepted part of a foreign bill) were placed, as they are in the English Act, between sub-secs. 1 and 2 of sec. 83.

CHAPTER XLII.

PRESENTMENT FOR PAYMENT.

Presentment for payment as provided for in the sections contained in this chapter, is one of the general duties of the holder of a bill. See note at the beginning of Chapter XLI., supra. See also notes to sec. 96, as to the consequence of the holder's omission to perform such duties, and p. 484 where presentment for acceptance and presentment for payment are compared.

The provisions as to presentment of a bill for payment apply in part to a promissory note: see sec. 186, and secs. 180 to 184. As to dishonour by non-payment, see sec. 95.

Presentment for Payment.

85. Subject to the provisions of this Act, a bill must be duly Necessity. presented for payment.

2. If it is not so presented, the drawer and endorsers shall be Result of discharged.

none.

3. Where the holder of a bill presents it for payment, he Manner of. shall exhibit the bill to the person from whom he demands payment. 53 V., c. 33, ss. 45 and 52. Eng. ss. 45 and 52.

93.

Prior to 1906 sub-sec. 3 was included in one section with sec.

As to when presentment for payment is dispensed with, see sec. 92. Delay in making presentment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence (sec. 91). Sec. 76 provides for the special case of a domiciled bill coming forward late.

As to due presentment, see sec. 86 (time of presentment), sec. 87 (by and to whom presentment must be made), secs. 88 to 90 (place of presentment).

Except where delay is excused or presentment is dispensed with, the failure duly to present a bill for payment discharges

Sec. 85. the drawer and endorsers. But the acceptor in the absence of Who is en- express stipulation, is not discharged by failure to present a titled to pre-bill for payment (sec. 93).

sentment for

payment.

Time for.

Due date.

Demand bill.

Reasonable time.

As to presentment to an acceptor for honour, see sec. 94. Presentment for payment is necessary in order to render the endorser of a note liable (sec. 184). The endorser of a note in this respect is in the same position as the drawer or endorser of a bill. (Gibb v. Mather, 1832, 2 Cr. & J. at pp. 262, 263, 4 R.C. at p. 474; cf. sec. 186.)

But the maker (or, as he is sometimes called, the drawer) of a note is in a different position, being, like the acceptor of a bill, the party primarily liable (sec. 183).

As to presentment of a cheque for payment, see notes to next section.

As presentment for payment is not necessary to charge the acceptor or maker, so presentment is not generally a condition precedent to the liability of a person who has given a guarantee for the payment by the acceptor or maker. (Walton v. Mascall, 1844, 13 M. & W. 452, 4 R.C. 483; Carter v. White, 1883, 25 Ch. D. 666.)

86. A bill is duly presented for payment which is presented,

(a) when the bill is not payable on demand, on the day it falls due;

(b) when the bill is payable on demand, within a reasonable time after its issue, in order to render the drawer liable, and within a reasonable time after its endorsement, in order to render the endorser liable.

2. In determining what is a reasonable time within the meaning of this section regard shall be had to the nature of the bill, the usage of trade with regard to similar bills and the facts of the particular case. 53 V., c. 33, s. 45. Eng. s. 45.

As to when a bill is payable on demand, see sec. 23. When a bill is not payable on demand, it is due and payable on the third day of grace (sec. 42).

So far as an endorser is concerned this section applies to a cheque. A cheque is a bill drawn on a bank payable on demand

Sec. 86.

ment as re

(sec. 165). But the effect, so far as the drawer of a cheque is concerned, of the failure to present a cheque for payment within Presenta reasonable time of its issue is the subject of special provisions gards drawer (sec. 166; cf. exception to sub-sec. 2, sec. 165). of a cheque.

As to the presentment for payment of a note payable on

demand, see sec. 180.

As to what is reasonable time, cf. notes to sec. 77.

Due presentment as regards time is required as regards the drawer and endorsers (sec. 85), but not as regards the acceptor (sec. 93).

whom.

87. Presentment must be made by the holder or by some By and to person authorized to receive payment on his behalf, at the proper place as hereinafter defined, and either to the person designated by the bill as payer or to his representative or some person authorized to pay or to refuse payment on his behalf, if, with the exercise of reasonable diligence such person can there be found.

tors.

2. When a bill is drawn upon, or accepted by two or more Two acceppersons who are not partners, and no place of payment is specified, presentment must be made to them all.

3. When the drawee or acceptor of a bill is dead, and no Personal representaplace of payment is specified, presentment must be made to a tion. personal representative if such there is, and with the exercise of reasonable diligence, he can be found. 53 V., c. 33, s. 45. Eng. s. 45.

By whom.

A bill is discharged by payment made by or on behalf of the drawee or acceptor at or after the maturity of the bill to the holder thereof in good faith and without notice that his title to the bill is defective (sec. 139). Presentment for payment must be made by the holder or by some person authorized to receive payment on his behalf, i.e., by the person who can give a good discharge. The person who presents the bill must exhibit it to the person from whom he demands payment (sec. 85), and upon payment must deliver it up to the party who pays it (sec. 93), As to bills in a set, see sec. 159.

32-BANK ACT.

In an action against drawer or endorsers (sec. 85) the holder must prove due presentment (sec. 86) to the drawee or acceptor, but need not prove any demand of the drawer. (Heylyn v. Adamson, 1758, 2 Burr. 669 at p. 678, 4 R.C. at p. 454.) In the case of a promissory note, presentment must be made to the maker (ibid.).

Presentment is sufficient if made to the representative of the person designated by the bill as payer or some person authorized to pay or to refuse payment on the payer's behalf. The words "or his representative" in sub-sec. 1 are not in the corresponding section of the English Act.

Sub-sec. 2 is probably declaratory, but the point was not clear. Of course if one of two or more acceptors pays or, in refusing payment, acts as the agent of the others, that is enough. Chalmers, p. 149.

Sub-sec. 3 is declaratory. Where the drawee of a bill is dead, presentment for acceptance is excused (sec. 79), but in the case of presentment for payment different considerations apply, and if no place of payment is specified reasonable diligence must be exercised to present the bill to the personal representative of the drawee. If a place of payment is specified, presentment at such place is sufficient without any effort being made to present to the personal representative. (Philpot v. Briant, 1827, 3 C. & P. 244; cf. sec. 88, and Wilkins v. Jadis, 1831, 2 B. & Ad. 188.)

Where authorized by agreement or usage, a presentment through the post office is sufficient (sec. 90).

Time for presentment.

Sub-sec. 1 also differs from the English Act in that the latter requires the presentment to be made "at a reasonable hour on a business day." These words are omitted from this section of the Canadian Act, but have been retained in sec. 78, which deals with presentment for acceptance.

The English rule is stated by Chalmers, p. 147, as follows:The reasonableness of the hour must depend on whether the bill is payable at a place of business or at a private house. The