is the person to whom the bill is presented for
payment, (3) where the bill was accepted or made
for his accommodation.

(a.) E.g., the death or illness of the holder, or of the agent whom he has employed to give notice, Hilton v. Shepherd, 6 East. 15 note.

(b.) Vide note (e) on § 49, Gladwell v. Turner, L. R. 5, Ex. 59.

(c.) Vide § 49.

(d.) Vide note (ƒ) on § 46. Private knowledge of the dishonour is not equivalent to notice, Thomson, Still, & Co. v. M'Kuer, 20th Jan. 1808, 15 F. C. 68, note. See the following cases where waiver has been pleaded, Murray v. Morrison, 2nd July, 1824, 3 Sh. 202; Allan v. Macdonald, 18th Dec. 1827, 6 Sh. 260; Mills v. Hamilton, 1st Dec. 1830, 9 Sh. 111; Campbell v. Ratten, 20th Dec. 1833, 12 Sh. 269; Campbell v. Webster, 2 M., Gr. S., C. B. 258; Lundie v. Robertson, 7 East. 231.

(e.) Vide § 22, and note thereon.

$ 50.

test of bill.

51. (1.) Where an inland bill (a) has been dis- Noting or prohonoured, it may, if the holder (b) think fit, be noted for non-acceptance or non-payment, as the case may be; but it shall not be necessary to note or protest any such bill in order to preserve the recourse against the drawer or indorser (c).

(2.) Where a foreign bill (d), appearing on the face of it to be such, has been dishonoured by non-acceptance (e) it must be duly protested for non-acceptance, and where such a bill, which has not been previously dishonoured by non-acceptance, is dishonoured by nonpayment it must be duly protested for non-payment.

§ 51.

If it be not so protested the drawer and indorsers are discharged (e). Where a bill does not appear on the face of it to be a foreign bill, protest thereof in case of dishonour is unnecessary.

(3.) A bill which has been protested for non-acceptance may be subsequently protested for non-pay

ment.

(4.) Subject to the provisions of this Act, when a bill is noted or protested, it must be noted on the day of its dishonour (f). When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting.

(5.) Where the acceptor of a bill becomes bankrupt or insolvent or suspends payment before it matures, the holder may cause the bill to be protested for better security against the drawer and indorsers (g).

(6.) A bill must be protested at the place where it is dishonoured: Provided that

(a.) When a bill is presented through the postoffice (h), and returned by post dishonoured, it may be protested at the place to which it is returned, and on the day of its return if received during business hours, and if not received during business hours, then not later than the next business day:

(b.) When a bill drawn payable at the place of business or residence of some person other than the drawee, has been dishonoured by non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and

no further presentment for payment to, or
demand on, the drawee is necessary.

(7.) A protest must contain a copy of the bill, and must be signed by the notary making it, and must specify-(i)

(a.) The person at whose request the bill is protested:

(b.) The place and date of protest, the cause or reason for protesting the bill, the demand made, and the answer given, if any, or the fact that the drawee or acceptor could not be found.

(8.) Where a bill is lost or destroyed, or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof.

(9.) Protest is dispensed with by any circumstance which would dispense with notice of dishonour (j): Delay in noting or protesting is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence (k). When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence (1).

(a.) Vide § 4.

(b.) Vide § 2.

(c.) Protest of an inland bill is, however, necessary;

(1.) Before being accepted or paid for honour, vide § 65 (1)
and 68 (1).

(2.) Before being presented for payment to the acceptor for
honour, or referee in case of need, vide § 67 (1).

§ 51.

§ 51.

(3.) Where the bill is dishonoured by the acceptor for honour, vide § 67 (4).

(4.) In order to warrant summary diligence, vide note on $ 98.

(5.) Where the bill is drawn after sight, in order to fix the maturity of the bill, vide § 14 (3).

Where an inland bill has been indorsed in a foreign country, where protest is necessary to preserve recourse against the indorser, it is advisable to note a protest if the indorser is to be sued abroad; but if action is brought against him in this country, protest is unnecessary, vide § 72 (3).

(d.) Vide § 4.

(e.) In the case of a foreign bill payable on demand, the omission to protest will not discharge the drawer and indorsers in a question with a subsequent holder in due course, vide § 29, if he presents it for payment before it has been in circulation for an unreasonable length of time, vide § 36 (3), and § 8 (2).

(f) Vide subsection 9. A bill may be protested against the acceptor at any time within six months of its maturity, Bon v. Rollo, 21st Feb. 1846, 12 D. 1310, so as to warrant summary diligence, the rules respecting which are not affected by this Act, vide § 98.

(g.) Protest for better security does not authorise the taking of recourse against the drawer or indorsers before the maturity of the bill, but where such a protest is taken the bill may be accepted, supra protest, vide § 65 (1). In Scotland if any one of the parties to a bill is vergens ad inopiam before the term of payment, inhibition may be used to hinder any disposition of his heritage in prejudice of the creditor, or arrestment may be used to attach money in the hands of those who are indebted to him; Thomson on Bills, p. 318.

(h.) Vide § 45 (8).

(i.) Vide Forms in Appendix.

(j.) Vide § 50 (2) and notes thereon. Where an overdue foreign bill has been negotiated, the indorsee is not bound. to protest to retain his recourse against his immediate indorser, because the indorser will be held to have impliedly waived

his right to have a protest noted. By his own failure to
note a protest, the drawer and prior indorsers are discharged,
and the holder is unable duly to present or protest as required,
by SS 45 (1) and 51 (2, 4), see Cooper v. Clark, 27th Feb.
1777, Mor. 1604.

(k.) The want of a notary will not excuse failure or delay
in protesting if the services of a householder or substantial
resident, vide § 94, can be procured.

(7.) See note (e) on § 49, and Gladwell v. Turner, L. R. 5, Ex. 59.

§ 51.

52. (1.) When a bill is accepted generally present- Duties of ment for payment is not necessary in order to render the acceptor liable (a).

(2.) When by the terms of a qualified acceptance (a) presentment for payment is required, the acceptor, in the absence of an express stipulation to that effect, is not discharged by the omission to present the bill for payment on the day that it matures (b).

(3.) In order to render the acceptor of a bill liable it is not necessary to protest it, or that notice of dishonour should be given to him (c).

(4.) Where the holder (d) of a bill presents it for payment, he shall exhibit the bill to the person (e) from whom he demands payment, and when a bill is paid the holder shall forthwith deliver it up to the party paying it.

(a.) Vide § 19.

(b.) If the acceptor qualifies his acceptance by the condition that he will not be liable if the bill is not presented at maturity, or within a limited time thereafter, he will be released from his obligation on the holder's failure so to present.

holder as regards drawee or acceptor.