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By virtue of sec. 186, the rules applicable to presentment for payment of a bill (see sec. 85 and notes) apply also to presentment for payment of a note, except in so far as special provision is made as to notes by secs. 180 to 184.

Sec. 184.

Maker.

Engage

185. The maker of a promissory note, by making it,(a) engages that he will pay it according to its tenor; (b) is precluded from denying to a holder in due course the Estoppel. existence of the payee and his then capacity to endorse.

53 V., c. 33, s. 87. Eng. s. 88.

ment.

The maker of a note, like the acceptor of a bill, is the principal Maker and debtor on the instrument (Gibb v. Mather, 1832, 2 Cr. & J. at acceptor compared. p. 263, 4 R.C. at p. 474), and in the application to notes of the provisions of the Act relating to bills, the maker is deemed to correspond with the acceptor (sec. 186).

As to the contract of the acceptor, see secs. 128 and 129. The distinctions that exist between maker and acceptor arise from the fact that the acceptor is not the creator of the bill, his contract being supplementary, while the maker of a note originates the instrument. A note must be unconditional (sec. 176), while an acceptance may be conditional (sec. 38). Maker and payee are immediate parties in direct relation with each other, while acceptor and payee, except in the case of a bill payable to drawer's order, are remote parties. (Cf. Bishop v. Young, 1800, 2 B. & P. at p. 83.)

Any number of persons may become bound as promisors along with the original maker of a note, whereas there cannot be an acceptor of a bill other than the drawee or one who accepts as his agent (see notes to sec. 35, supra, p. 405).

of Act to.

186. Subject to the provisions of this Part, and except as Application by this section provided, the provisions of this Act relating to notes. bills of exchange apply, with the necessary modifications, to promissory notes.

2. In the application of such provisions the maker of a note Terms correshall be deemed to correspond with the acceptor of a bill, and sponding.

the first endorser of a note shall be deemed to correspond with

the drawer of an accepted bill payable to drawer's order.

Sec. 186. Provisions inapplicable.

Protest of foreign notes.

3. The provisions of this Act as to bills relating to,-
(a) presentment for acceptance;

(b) acceptance;

(c) acceptance supra protest;

(d) bills in a set;

do not apply to notes. 53 V., c. 33, s. 88. Eng. s. 89.

The "provisions of this Part" referred to in this section are contained in sec. 176 (definition of a note), sec. 177 (inland and foreign notes), sec. 178 (delivery), sec. 179 (joint and several notes), secs. 180 and 181 (time of presentment of a demand note), sec. 182 (when demand note deemed overdue), secs. 183 and 184 (presentment for payment of a note), sec. 185 (contract of maker), sec. 187 (protest of foreign notes).

See notes at the beginning of this chapter.

187. Where a foreign note is dishonoured, protest thereof is unnecessary, except for the preservation of the liabilities of endorsers. 53 V., c. 33, s. 88. Cf. Eng. s. 89.

The words "except for the preservation of the liabilities of endorsers' are not in the English Act.

As to the necessity for protest of inland bills and notes, see secs. 113 and 114. Cf. sec. 112, as to protest of a foreign bill.

If a note is dishonoured out of Canada the necessity for or sufficiency of a protest or notice of dishonour is determined by the law of the place where the bill is dishonoured (sec. 162).

A note which does not on the face of it purport to be both made and payable in Canada is a foreign note (sec. 177).

CHAPTER LIV.

SCHEDULE TO THE BILLS OF EXCHANGE ACT.

The forms in this schedule may be used in noting or protesting any bill and in giving notice thereof. A copy of the bill or note and endorsement may be included in the forms, or the original bill or note may be annexed and the necessary changes in that behalf made in the forms (sec. 125).

On the

the request of

SCHEDULE.
FORM A.

NOTING FOR NON-ACCEPTANCE.

(Copy of Bill and Endorsements.)

19 the above bill was, by me, at

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presented for acceptance to

E. F., the drawee, personally (or, at his residence, office or usual place of business), in the city (town or village) of

and I received for answer:

The said bill is therefore noted for non-acceptance.

A. B.,
Notary Public.

(Date and place.)

19 .

A. B.,

Due notice of the above was by me served upon

C. D.,

the

{

drawer,

endorser,} personally, on the

day of

(or, at his residence, office or usual place of business) in

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FORM B.

PROTEST FOR NON-ACCEPTANCE OR FOR NON-PAYMENT OF A BILL PAYABLE GENERALLY.

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copy is above written, unto E. F., the

On this

(Copy of Bill and Endorsements.)
day of

A. B., notary public for the province of
in the province of

did exhibit the original bill of exchange, whereof a true

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in the year 19

I,

dwelling at

at the request of

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personally (or, at his residence, office or usual place of busi

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and, speaking to himself (or his wife, his clerk, or

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Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, drawer and endorsers (or drawer and endorsers) of the said bill, and other parties thereto or therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present

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FORM C.

PROTEST FOR NON-ACCEPTANCE OR FOR NON-PAYMENT OF A BILL PAYABLE AT A STATED PLACE.

(Copy of Bill and Endorsements.)

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of

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did exhibit the original bill of exchange

whereof, a true copy is above written unto E. F., the

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place where the said bill is payable, and there speaking

to

did demand

of the said bill; unto which demand he answered:

acceptance payment

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, drawer and endorsers (or drawer and endorsers) of the said bill and all other parties thereto or therein concerned, for all exchange, re-exchange, costs, damages and interest, present and

to come for want of { acceptance

payment

}

of the said bill.

All of which I attest by my signature.

(Protested in duplicate.)

53 V., c. 33, sch., form C.

A. B.,

Notary Public.

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