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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.

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.


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.

No presentment on nonjuridical days.

18. No bill of exchange shall be presented for acceptance on any non-juridical day. C. S. U. C. c. 42, s. 19.

Damages and inter

ed notes.

19. If any promissory note payable only at some place est allowed in the United States of America, or in some one of the in certain cases upon Provinces, Territories or Districts of Canada other than

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 vote, 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 vith 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.

How rate
of exchange
shall be

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.

notes to


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 ou 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.


§ 23.

How 12tice of protest may be served.

23. A notice of such protest shall be sent to each of the parties to the bill or note, and such notice shall be deemed to have been duly served, for all purposes upon the person to whom the same is addressed, if it is deposited in the post office nearest to the place of making presentment of such bill or note, at any time during the day whereon such protest has been made, or the next juridical day then following. C. S. U. C. c. 42, s. 16.

Form of protest and notice.

24. Every such protest and notice may be according to the forms set forth in Schedule A to this Act, or to the like effect. C. S. U. C. c. 42, s. 21, part.

Notary's fees in Ontario.

25. The fees to be taken by notaries public, for the services hereinafter mentioned, shall be as follows, and no more, that is to say; for the protest of any bill, draft, note or order, fifty cents; for every notice, twenty-five cents; and for postage, the amount actually expended. C. S. U.C. c. 42, s. 22; C. S. C. c. 57, s. 1.

Certain statutes


26. The Act of the Parliament of Great Britain, passed los presentall in the fifteenth year of the reign of King George the notes not. Third, intituled: "An Act to restrain the negotiation of Ontario.

Promissory Notes and Inland Bills of Exchange, under a limited sum within that part of Great Britain called England,” and the Act of the said Parliament passed in the seventeenth year of his said Majesty's reign, intituled : “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," which are inapplicable to the Province of Ontario, shall not extend to or be in force therein, nor shall the said Acts make void any bills, notes, drafts or orders, which have been or may be made or uttered therein. C. S. U.C. c. 42, s. 1.

Provi. sions ap

27. The following sections of this Act apply to the § 27. Province of Quebec only.

plicable 28. The several fees and charges mentioned in schedule to Quebec. B to this Act, relating to the protesting and noting of Notary's bills and notes in the Province of Quebec, together with Quebec. the postages prepaid upon notices deposited at any postoffice, may be claimed from the holder of the bill or note by the notary or justice of the peace, performing such duties, and shall be recovered from such parties thereto as are liable for the payment of the same. C. S. L. C. c. 64, s. 21.

29. The several notings, protests, notices thereof, and Forms in

Quebec. services of notices hereinbefore mentioned, shall be in the forms set forth in the said schedule. C. S. L. C. c. 64,

8. 22.

30. Every person who represents himself to be a notary Penalty for or justice of the peace in the Province of Quebec, and qualified who acts as such in and about the protesting of a bill or notes or note, or in and about the noting of a bill, not being such bills or notary for or justice in the Province of Quebec, is guilty of a misdemeanor, and liable to imprisonment for a term not exceeding six months. C. S. L. C. c. 64, s. 23.


The articles of the Civil Code of Lower Canada relating to this subject will be found in the collection of Statutes not consolidated, and post p. 486.

Schedule A is the form of protest and notice formerly used in Ontario Schedule B is the tariff for protests in Quebec, given ante p. 441. The Forms appended to this Act have become the first schedule to the Bills of Exchange Act, 1890.

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