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the acceptance or payment thereof, be protested by a § 7. Notary public, and such protest shall, in any action on such bill or note, be prima facie evidence of presentation and dishonor, and also of service of notice of such presentation and dishonor as stated in such protest; for which protest there shall be charged a notarial fee of fifty cents for protest and twenty-five cents for each notice. 42 Vict. c. 46,
8. All bills of exchange and promissory notes payable And in at any place in the Province of Prince Edward Island for ward the sum of forty dollars and upwards, may on default of the acceptance or payment thereof, be protested by a notary public; and such protest shall, in any action on such bill or note, be prima facie evidence of presentation and dishonor, and also of service of notice of such presentation and dishonor as stated in such protest; for which protest there shall be charged a notarial fee of fifty cents for protest and twenty-five cents for each notice. 46 Vict. c. 22, s, 2.
P. E. I.
9. In the Province of Prince Edward Island, if any Genera person accepts a bill of exchange, payable at the office or of a bill in place of business of any bank or other place, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill; but if the acceptor, in his acceptance expresses that he accepts the bill payable at the Qualified office or place of business of any bank, or other place only, and not otherwise or elsewhere, such acceptance shall be deemed, and taken to be, to all intents and purposes, a qualified acceptance of such bill; and the acceptor shall not be liable to pay the said bill, unless payment has been first duly demanded at such office or place of business in such bank or other place. 27 Vict. (P. E. I.) c. 6, s. 1.
evidence in N. B.
§ 10. 10. When any promissory note or bill of exchange is Notarial payable at any place out of the Province of New Brunswick, note or bill whether the same is drawn in or out of the said Province, a notarial protest of the presentment and dishonor of such promissory note or bill of exchange shall be received in all Courts in the said Province as evidence of the fact of presentment and dishonor stated in such protest in like manner as in case of a protest of non-payment of a foreign bill of exchange. 22 Vict. (N. B.) c. 22, s. 4.
of a bank to
act as notary.
11. No clerk, teller or agent of any bank shall act as a notary in the protesting of any bill or promissory note, payable at the bank, or at any of the agencies of the bank in which he is employed. C. S. C. c. 57, s. 3.
Bill given for a patent right to have cer
12. Every bill of exchange or promissory note, the consideration of which consists, in whole or in part, of the tain words purchase money of a patent right, or of a partial interest,
on its face.
limited geographically or otherwise, in a patent right, shall have written or printed prominently and legibly across the face thereof, before the same is issued, the words "given for a patent right." 47 Vict. c. 38, s. 1.
Transferee to take in
13. The indorsee or other transferee of any such instrustrument ment having the words aforesaid so printed or written right of de- thereon, shall take the same subject to any defence or set
off in respect of the whole or any part thereof which would have existed between the original parties. 47 Vict. c. 38, s. 2.
14. Everyone who issues, sells or transfers, by indorsesuch instrument or delivery, any such instrument not having the words marked. given for a patent right" printed or written in manner
ment not so
aforesaid across the face thereof, knowing the consideration of such instrument to have consisted, in whole or in part, of the purchase money of a patent right, or of a partial
interest, limited geographically or otherwise, in a patent § 14. right, is guilty of misdemeanor, and liable to imprisonment for any term not exceeding one year or to such fine, not exceeding two hundred dollars, as the court thinks fit. 47 Vict. c. 38, s. 3.
15. Section 16 to 26, both inclusive, apply to the Pro- Provision vince of Ontario only.
applicable to Ontario.
16. If any person accepts a bill of exchange, payable at General a bank, or at any other particular place, without further and proexpression in his acceptance or makes a promissory note payable at a bank, or at any particular place without further expression in that respect, such acceptance and such promise shall be deemed and taken to be a general acceptance and a general promise respectively;
(a) If the acceptor expresses, in his acceptance, that he Qualified accepts the bill payable at a bank, or at any other particu- and prolar place only and not otherwise or elsewhere, or if the maker of a promissory note expresses in the body of the note that he promises to pay at a bank, or at any other particular place only and not otherwise or elsewhere, then such acceptance or promise shall be deemed and taken to be a qualified acceptance or promise, and the acceptor or maker shall not be liable to pay the bill or note, unless payment has been first duly demanded at such bank or other place. C. S. U. C. c. 42, ss. 5 & 6.
not void for
17. No bill of exchange or promissory note, although Bill or note given for a usurious consideration, or upon a usurious usury in contract, shall be void in the hands of an indorsee (or if cases. a note transferable by delivery, in the hands of a person who acquired the same as bearer) for valuable consideration, unless such indorsee or bearer had at the time of discounting or paying such consideration, for the same, actual know
§ 17. ledge that such bill of exchange or promissory note was originally given for a usurious consideration or upon a usurious contract. C. S. U. C. c. 42, s. 8.
18. No bill of exchange shall be presented for acceptance on any non-juridical day. C. S. U. C. c. 42, s. 19.
19. If any promissory note payable only at some place est allowed in the United States of America, or in some one of the
cases upon Provinces, Territories or Districts of Canada other than
How rate of exchange shall be ascertained.
the Provinces of Ontario and Quebec, or in the Island of Newfoundland, and not otherwise or elsewhere, is made or negotiated within the Province of Ontario, and is protested for non-payment, the holder shall, in addition to the principal sum mentioned in the note, recover damages at the rate of four per cent. upon such principal sum, and also interest thereon at the rate of six per centum per annum, to be reckoned from the day of the date of the protest, and such aggregate amount together with the expenses of pro-testing the note, and all charges and postages in curred thereon, shall be paid to the holder at the current rate of exchange of the day when the protest is produced and re-payment demanded, that is to say; the holder of any such note, returned under protest, may demand and recover from the maker or indorsers thereof so much current money of Canada as shall then be equal to the purchase of a bill of exchange of the like amount drawn on the same place at the same date or sight, together with the damages and interest above mentioned, and also the expense of protesting the note, and all charges and postages incurred thereon. C. S. U. C. c. 42, s. 11.
20. When the holder of a protested bill or note, returned for non-payment, notifies the drawer, maker or indorser of the dishonor thereof, in person, or delivers notice thereof, in writing, to an adult person at his or
their counting-house or dwelling-house, and they disagree $ 20. about the then rate of exchange for commercial bills, the holder and the drawer, maker or indorser so notified, or any of them, may apply to the president, or, in his absence, to the secretary of any board of trade or chamber of commerce in the city or town in which the holder of such protested bill or note, or his agent, resides, or in the city or town nearest to the residence of such holder or agent, in which there is a board of trade or chamber of commerce, and obtain from such president or secretary a certificate in writing under his hand stating the said rate of exchange; and the rate stated in such certificate shall be final and conclusive as to the then rate of exchange, and shall regulate the sum to be paid accordingly. C. S. U. C. c. 42, 8. 12.
21. Every bill, draft and order drawn by any person Inland in the Province of Ontario on any person in either of the and Provinces of Ontario or Quebec, and every promissory note bear inmade or negotiated in the Province of Ontario, if protested for non-payment, shall be subject to interest from the date of the protest, or if interest is therein expressed as payable from a particular period, then from such period to the time of payment; and in case of protest, the expense of noting and protesting, and the postages thereby incurred shall be allowed and paid to the holder, over and above the said interest. C. S. U. C. c. 42, s. 13.
22. Every protest of inland or foreign bills of exchange Protest or promissory notes, for dishonor, either by non-acceptance made on or non-payment, may be made on the day of such dishonor, dishonor. at any time after non-acceptance, or in case of non-payment, at any time after the hour of three o'clock in the afternoon. C. S. U. C. c. 42, s. 15.