$49. (6.) The return of a dishonoured bill to the drawer or an indorser is, in point of form, deemed a sufficient notice of dishonour. (7.) A written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the bill shall not vitiate the notice unless the party to whom the notice is given is in fact misled thereby (c). (8.) When notice of dishonour is required to be given to any person, it may be given either to the party himself, or to his agent in that behalf (d). (9.) Where the drawer or indorser is dead, and the party giving notice knows it, the notice must be given to a personal representative if such there be, and with the exercise of reasonable diligence he can be found. (10.) Where the drawer or indorser is bankrupt, notice may be given either to the party himself or to the trustee. (11.) Where there are two or more drawers or indorsers who are not partners, notice must be given to each of them, unless one of them has authority to receive such notice for the others. (12.) The notice may be given as soon as the bill is dishonoured and must be given within a reasonable time thereafter. In the absence of special circumstances (e) notice is not deemed to have been given within a reasonable time, unless (a.) Where the person giving and the person to receive notice reside in the same place, the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill (ƒ). (b.) Where the person giving and the person to receive notice reside in different places, the notice is sent off on the day after the dishonour of the bill, if there be a post at a convenient hour on that day, and if there be no such post on that day then by the next post thereafter (ƒ). (13.) Where a bill when dishonoured is in the hands of an agent, he may either himself give notice to the parties liable on the bill, or he may give notice to his principal. If he give notice to his principal, he must do so within the same time as if he were the holder, and the principal upon receipt of such notice has himself the same time for giving notice as if the agent had been an independent holder. (14.) Where a party to a bill receives due notice of dis honour, he has after the receipt of such notice the same period of time for giving notice to antecedent parties that the holder has after the dishonour (g). (15.) Where a notice of dishonour is duly addressed and posted the sender is deemed to have given due notice of dishonour notwithstanding any miscarriage by the post-office (h). (a.) The person giving notice does not require to be specially authorised to give notice on behalf of the holder. An indorser who is not liable on the bill either because he has indorsed without recourse, or because he has been discharged by his signature being cancelled, vide § 63 (2), or $ 49. $49. because recourse has been lost against him by failure duly to present for acceptance, vide § 40, or because due notice of dishonour has not been given to him, cannot give notice. If, however, an indorser give notice before he ought himself to have received notice, and he is subsequently discharged by no notice of dishonour being given to him, the holder is entitled to avail himself of that notice, because the indorser at the time of giving the notice was liable on the bill. Where an indorser has waived performance of some of the holder's duties, he remains liable on the bill, vide § 16. (b.) The bill ought to be described by reference to its date, sum, and the names of the parties to it. The notice should then state (1) that the bill has been dishonoured by nonacceptance, or non-payment as the case may be; (2) that it has been noted or protested, if such be the fact, and (3) that recourse is claimed against the party, to whom notice is given, by or on behalf of the holder or indorser (for Forms see Appendix). The onus of proving due notice lies on the holder, Grayson v. Smith, 3 Ad. and Ellis, 499. It is not necessary, however, to give such a detailed notice in order to preserve recourse, provided that the bill be sufficiently identified and the dishonour be intimated. Words which will be insufficient to identify a bill drawn or indorsed by persons in business, who necessarily subscribe numerous bills, may be sufficient in the case of a person, who is only a party to one or two bills, and cannot mistake the intimation. Shelton v. Braithwaite, 10 L. J., Ex. 218, a letter saying "I have received intimation from the C. D. Bank that your draft on A. B. has been dishonoured, and I have requested them to proceed on same," was held a sufficient intimation, as the drawer did not allege that there were other drafts on A. B. It has been held sufficient to intimate that bill (described) "has been presented and returned, and now remains unpaid," Cook v. French, 9 L. J., Q. B. 281; and that "the bill (described) indorsed by you lies at Place dishonoured," King v. Rickley, 11 L. J., Q. B. 224; Everard v. Watson, 22 L. J., Q. B. 222. In (c.) The misdescription may be such that the drawer or indorser could not have been misled, as where a bill is described as a note, Stockmann v. Parr, 12 L. J., Ex. 415; or is said to be payable at a wrong bank, Bromage v. Vaughan, 16 L. J., Q. B. 10; or where the drawer is described as acceptor, Millersh v. Kippen, 21 L. J., Ex. 222. In such cases an allegation that the party was in point of fact misled will not be accepted. (d.) A referee in case of need is not agent of the party inserting his name, for the purpose of receiving notice of dishonour, in re Leeds Banking Company ex parte Prange, L. R. 1, Eq. 1. (e.) In Gladwell v. Turner, L. R. 5, Ex. 59, a bill of exchange was drawn by the defendant on and accepted by W., was indorsed to S., who indorsed to the plaintiff. On presentation at maturity the bill was dishonoured. All the parties to the bill lived in London. On the morning after the dishonour, the plaintiff, who did not know where the defendant lived, applied to S. for information; S. was from home, but on the same day at half-past five the plaintiff went to him again, and obtained the address, and posted notice of dishonour, but not till after six o'clock. The defendant, in consequence of the letter not being posted before six, did not receive it till the following morning. It was held that the special circum stances of the case took it out of the rule laid down in this subsection, and that due notice was given to the defendant. (f.) Non-business days are excluded, vide § 92. Where a bill is dishonoured on Saturday it is sufficient if it be sent off in time to be delivered on Monday, and where the parties reside in different places, if it is posted on Monday, before the last post of that day, if at a convenient hour. If the only post, for example, be at 6 A.M., the holder will not, it is thought, be bound to send notice by it. (g.) See in illustration, Horne v. Rouquette, 3 Q. B., Div. 514. (h.) If the notice be not properly addressed, the party giving notice must prove that it was duly delivered, Milligan v. Barbour, 27th Feb. 1829, 7 Sh. 489; vide note (n) on § 45 (8). $49. $ 50. Excuses for non-notice and delay. 50. (1.) Delay in giving notice of dishonour is excused where the delay is caused by circumstances beyond the control of the party giving notice, and not imputable to his default, misconduct, or negligence (a). When the cause of delay ceases to operate the notice must be given with reasonable diligence (b). (2.) Notice of dishonour is dispensed with— (b.) By waiver express or implied (d). Notice of (c.) As regards the drawer in the following cases, namely, (1) where drawer and drawee are the same person, (2) where the drawee is a fictitious person or a person not having capacity to contract (e), (3) where the drawer is the person to whom the bill is presented for payment, (4) where the drawee or acceptor is as between himself and the drawer under no obligation to accept or pay the bill, (5) where the drawer has countermanded payment: (d.) As regards the indorser in the following cases, namely, (1) where the drawee is a fictitious person or a person not having capacity to contract (e), and the indorser was aware of the fact at the time he indorsed the bill, (2) where the indorser |