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with defects of title of which he had no notice, by reason that it appears that a reasonable time for presenting it for payment has elapsed since its issue.
87. (1.) Where a promissory note is in the body of it made Presentment of payable at a particular place, it must be presented for payment note for payat that place in order to render the maker liable. In any other
ment. case, presentment for payment is not necessary in order to render the maker liable.
(2.) Presentment for payment is necessary in order to render the indorser of a note liable.
(3.) Where a note is in the body of it made payable at a particular place, presentment at that place is necessary in order to render an indorser liable; but when a place of payment is indicated by way of memorandum only, presentment at that place is sufficient to render the indorser liable, but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice. 88. The maker of a promissory note by making it,
maker, (1.) Engages that he will pay it according to its tenor; (2.) Is precluded from denying to a holder in due course the
existence of the payee and his then capacity to indorse. 89. (1.) Subject to the provisions in this part, and except Application of as by this section provided, the provisions of this Act relating Part II to to bills of exchange apply, with the necessary modifications, to notes. promissory notes.
(2.) In applying those provisions the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first indorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer's order.
(3.) The following provisions as to bills do not apply to notes ; namely, provisions relating to
(a.) Presentment for acceptance;
(4.) Where a foreign note is dishonored, protest thereof is unnecessary.
SUPPLEMENTARY. 90. A thing is deemed to be done in good faith, within the Good faith. meaning of this Act, where it is in fact done honestly, whether it is done negligently or not.
91. (1.) Where, by this Act, any instrument or writing is required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority.
(2.) In the case of a corporation, where, by this Act, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal.
But nothing in this section shall be construed as requiring
the bill or note of a corporation to be under seal. Computation
92. Where, by this Act, the time limited for doing any act of time. or thing is less than three days, in reckoning time, non-business
days are excluded.
“ Non-business days” for the purposes of this Act mean-
Acts amending it:
or thanksgiving day,
Any other day is a business day. When noting
93. For the purposes of this Act, where a bill or note is equivalent to required to be protested, within a specified time or before some protest. further proceeding is taken, it is sufficient that the bill has been
noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be
extended at any time thereafter as of the date of the noting. Protest when
94. Where a dishonored bill or note is authorised or required notary not to be protested, and the services of a notary cannot be obtained accessible. at the place where the bill is dishonored, any householder or
substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonor of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.
The form given in Schedule 1 to this Act may be used with
necessary modifications, and if used shall be sufficient. Dividend
95. The provisions of this Act as to crossed cheques shall warrants may apply to a warrant for payment of dividend. be crossed. Repeal.
96. The enactments mentioned in the second schedule to this Act are hereby repealed as from the commencement of this Act to the extent in that schedule mentioned :
Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before
the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.
97. (1.) The rules in bankruptcy relating to bills of exchange Savings. promissory notes, and cheques, shall continue to apply thereto notwithstanding anything in this Act contained.
(2.) The rules of common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to bills of exchange, promissory notes, and cheques.
(3.) Nothing in this Act or in any repeal effected thereby shall affect (a.) The provisions of the Stamp Act, 1870, or Acts amending 33 & 34 Vict.
it, or any law or enactment for the time being in force e. 97.
relating to the revenue : (6.) The provisions of the Companies Act, 1862, or Acts 25 & 26 Vict.
amending it, or any Act relating to joint stock banks c. 89.
or companies : (c.) The provisions of any Act relating to or confirming the
privileges of the Bank of England or the Bank of
Ireland respectively : (d.) The validity of any usage relating to dividend warrants,
or the indorsements thereof. 98. Nothing in this Act or in any repeal effected thereby Saving of sumshall extend or restrict, or in any way alter or affect the law and mary diligence
in Scotland. practice in Scotland in regard to summary diligence. 99. Where any Act or document refers to
Construction any enactment
with other repealed by this Act, the Act or document shall be construed, Acts, &c. and shall operate, as if it referred to the corresponding provisions of this Act.
100. In any judicial proceeding in Scotland, any fact relating Parole evito a bill of exchange, bank cheque, or promissory note, which is
dence allowed relevant to any question of liability thereon, may be proved by judicial pro
in certain parole evidence : Provided that this enactment shall not in any ceedings in way affect the existing law and practice whereby the party who is, Scotland. according to the tenor of any bill of exchange, bank cheque, or promissory note, debtor to the holder in the amount thereof, may be required, as a condition of obtaining a sist of diligence, or suspension of a charge, or threatened charge, to make such consignation, or to find such caution as the court or judge before whom the cause in depending may require.
This section shall not apply to any case where the bill of exchange, bank cheque, or promissory note has undergone the sesennial prescription.
in the county of
in the United Kingdom, at the request of C.D., there being no notary public available, did on the
day of 188 at
demand payment (or acceptance] of the bill of exchange hereunder written, from E.F., to which demand he made answer [state answer, if any) wherefore I now, in the presence of G.H. and J.K. do protest the said bill of exchange.
N.B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten,
Session and Chapter.
Title of Act and extent of Repeal.
9 Will. 3. c. 17.
3 & 4 Anne, c. 9.
17 Geo. 3. c. 30.
An Act for the better payment of Inland Bills of Exchange.
is now used upon Bills of Exchange, and for the better
payment of Inland Bills of Exchange. An Act for further restraining the negotiation of Promis
sory Notes and inland bills of exchange under a limited
sum within that part of Great Britain called England. An Act for the better observance of Good Friday in certain
cases therein mentioned. An Act to restrain the negotiation of Promissory Notes
and Inland Bills of Exchange under a Limited sum in
39 & 40 Geo. 3. c. 42.
48 Geo. 3. c. 88.
1 & 2 Geo. 4. c. 78.
7 & 8 Geo. 4. c. 15.
9 Geo. 4. c. 24.
An Act for declaring the law in relation to Bills of Ex.
change and Promissory Notes becoming payable on Good
Friday or Christmas Day.
amend the laws relating to bills of exchange and Promis-