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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 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—
89. (1.) Subject to the provisions in this part, and except as by this section provided, the provisions of this Act relating to bills of exchange apply, with the necessary modifications, to 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;
(c.) Acceptance suprà protest;
(d.) Bills in a set.
(4.) Where a foreign note is dishonored, protest thereof is unnecessary.
Liability of maker.
Application of Part II to notes.
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.
Computation of time.
When noting equivalent to protest.
Protest when notary not accessible.
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.
92. Where, by this Act, the time limited for doing any act 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-
(b.) A bank holiday under the Bank Holidays Act, 1871, or
(c.) A day appointed by Royal proclamation as a public fast or thanksgiving day.
Any other day is a business day.
93. For the purposes of this Act, where a bill or note is required to be protested, within a specified time or before som 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.
94. Where a dishonored bill or note is authorised or required to be protested, and the services of a notary cannot be obtained 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.
95. The provisions of this Act as to crossed cheques shall warrants may apply to a warrant for payment of dividend.
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 c. 97. relating to the revenue:
(b.) The provisions of the Companies Act, 1862, or Acts amending it, or any Act relating to joint stock banks 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 shall extend or restrict, or in any way alter or affect the law and practice in Scotland in regard to summary diligence.
100. In any judicial proceeding in Scotland, any fact relating to a bill of exchange, bank cheque, or promissory note, which is relevant to any question of liability thereon, may be proved by parole evidence: Provided that this enactment shall not in any way affect the existing law and practice whereby the party who is, 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.
25 & 26 Vict.
99. Where any Act or document refers to any enactment Construction repealed by this Act, the Act or document shall be construed, and shall operate, as if it referred to the corresponding provisions of this Act.
with other Acts, &c.
Saving of summary diligence
dence allowed in certain
judicial proceedings in Scotland.
Session and Chapter.
Form of protest which may be used when the services of a notary cannot be obtained.
9 Will. 3. c. 17.
3 & 4 Anne, c. 9.
Know all men that I, A.B. [householder], of 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 de
mand 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.
17 Geo. 3. c. 30.
9 Geo. 4. c. 24.
N.B.-The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.
48 Geo. 3. c. 88.
39 & 40 Geo. 3. c. 42.
1 & 2 Geo. 4. c. 78.
7 & 8 Geo. 4. c.
Title of Act and extent of Repeal.
An Act for the better payment of Inland Bills of Exchange. An Act for giving like remedy upon Promissory Notes as 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 Promissory 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 England.
An Act to regulate Acceptances of Bills of Exchange.
An Act for declaring the law in relation to Bills of Exchange and Promissory Notes becoming payable on Good Friday or Christmas Day.
An Act to repeal certain Acts, and to consolidate and amend the laws relating to bills of exchange and Promissory Notes in Ireland.
in part; that is to say,
Sections two, four, seven, eight, nine, ten