صور الصفحة
PDF
النشر الإلكتروني

holder, or in his behalf, to the drawee or his representa-C. C. 2290. tive, at his domicile or place of business, or if the drawee be dead or cannot be found, and is not represented, presentment is made at his last known domicile or place of business.--If there be also a drawee au besoin, presentment is made to him in like manner.-Poth. Ch. n. 137, 146; 1 Nou. 220, n. 3; 2 Par. n. 358, 362, 381; Bay. B. 244, 5; Sto. B. E. n. 228, 229, 235, 254; Chit. B. 301 (8 Ed.); C. S. L. C. c. 64, s. 15, $ 2; C. Co. 173; C. 2308.

2291. Presentment for acceptance when necessary must be made within a reasonable time from the making of the bill according to the usage of trade and the discretion of the courts.- Poth. Ch. n. 143; Sto. B. E. n. 231.

2292. Theaccepta pce must be in writing upon the bill or upon one of the parts of the bill.-C. S.L.C. c. 64, s. 5.

2293. The acceptance must be absolute and unconditional, but if the holder consent to a conditional or qualified acceptance the acceptor is bound by it.- Poth. Ch. n. 47-49; 0. 1673, t. 5, a. 2; 2 Par. n. 370, 372; Bay. B. 201, 202; Sto. B. E.

n. 240.

2294. The effect of acceptance is to oblige the acceptor to pay the bill to the holder according to its tenor. -The signature of the drawer is admitted by the acceptance and cannot afterwards be denied by the acceptor against a holder in good faith.-Poth. Ch. n. 44, 115117; Hein. de camb. c. $ 26—; c. 6, § 5; 2 Par. n. 376; Sto. B. E. n. 113, 261, 262; Bay. B. 318, 319.

2295. When a bill has been accepted and delivered to the holder the acceptance cannot be cancelled otherwise than by the consent of all the parties to the bill.—Poth, Ch. D. 44; 1 Sav. P. N. 840; 2 Par. B. 877; Bay. B. 2083 Kt. Com. 85.

C. C. 2296. 2296. When a bill has been protested for non-accep

tance or for non-payment it may with the consent of the holder be accepted by a third person for the honor of the parties to it or of any of them. Such acceptance benefits the parties only who are subsequent to the one for whose honor it is made.-Poth. Ch. 113, 114, 170, 171; Jou. O. 1673, t. 5, a. 3, 75; 2 Par. n. 383, 388; Bay. B. 176-180; Sto. B. E. n. 121, 122, 123, 125; 3 Kt. Com. 87; C. Co. 126.

2297. An acceptor supra protest is bound to give notice of his acceptance without delay to the party for whose honor he accepts and to other parties who may be liable to him on the bill.- Poth. Ch. n. 113, 114; Jou. 0. 1673, t. 5, a. 3, 75, 76; 2 Par. n. 386; Bay. B. 179, 180; Sto. B. E. n. 124, 256; C. Co. 127.

SECTION 4.

Of noting and protest for non-acceptance. 2298. Whenever acceptance of a bill of exchange is refused by the drawee the bill may be forthwith protested for non-acceptance, and after due notice of such protest to the parties liable upon it, the holder may demand immediate payment of it from such parties in the same manner as if the bill had become due and had been protested for non-payment.—The holder is not bound afterwards to present the bill for payment, or, if it be so presented, to give notice of the dishonor.–C. S. L. C. c. 61,

s. 10.

2299. The holder of any bill of exchange, instead of protesting upon the refusal to accept, may at his option cause it to be noted for non-acceptance, by a duly qualified notary; such noting to be made underneath or to be indorsed upon a copy of the bill and kept upon record by the officiating notary.-Ib. c. 64, s. 12.

2300. When a bill which has been noted for non- C. C. 2300. acceptance as provided in the last preceding article is afterwards protested for non-payment, a protest for nonacceptance need not be extended, but the noting, with the date thereof and the name of the notary by whom the same was made, must be stated in the protest for nonpayment.-Ib. c. 64, s. 12.

2301. Upon every bill noted or protested for non-acceptance, the words "noted for non-acceptance," or "protested for non-acceptance," as the case may be, together with the date of noting or protesting, and his fees and charges, must be written or stamped by the officiating notary, and subscribed by him with his name or initials as such notary. -Ib. c. 64, s. 12.

2302. When a bill is noted for non-acceptance the holder is not bound to give notice of the same in order to hold any party liable thereon. But whenever a bill so noted is afterwards protested for non-payment, the notice of such protest must contain a notice of the previous noting for non-acceptance.-Ib. c. 64, s. 20.

2303. The noting and protesting of bills of exchange for non-acceptance and the giving notice thereof, are done by the ministry of a single public notary without witnesses, in the manner and according to the forms prescribed by the act intituled: An act respecting bills of exchange and promissory notes.-Ib. c. 64, s. 11, 22; C. 1209.

2304. In case there is no notary in the place, or he is unable or refuses to act, any justice of the peace in Lower Canada may make such noting and protest and give notice thereof in the same manner, and his acts in that behalf have the same effect as if done by a notary; but such justice must set forth in the protest the reasons why the same was not made by the ministry of a notary. -Ib. c. 64, s. 24.

C. C. 2305.

2305. The duplicate protest and notice, with the certificate of service, and all copies thereof attested by the signatures of the notary or the justice of the peace, as the case may be, are prima facie evidence.-Ib. c. 64, s. 14, 24; C. S. C. c. 57, s. 6.

SECTION 5.

[ocr errors]

Of payment.
2306. Every bill of exchange 'must be presented by
the holder, or in his behalf, to the drawee or acceptor
for payment, on the afternoon of the third day after the
day it becomes due, or after presentment or acceptance,
if drawn at sight; unless such third day fall upon a legal
holiday in which case the next day thereafter not being
a legal holiday is the last day of grace. If the bill
be payable at a bank, presentment may be made there
either within or after the usual hours of banking.-If the
bill be unaccepted and there be a drawee au besoin, pre-
sentment must be made in like manner to him also. -
C. S. L. C. c. 64, s. 6, 15, 32; C. S. C. c. 57, s. 5; Poth.
Ch. n. 137; Chit. B. 187, 188, 262; Sto. B. E. n. 65; 3
Kt. Com. 88; 2 Par. n. 341.

2307. If a bill of exchange be made payable at any
stated place, either by its original tenor or by a qualified
acceptance, presentment must be made at such place.
-C. S. L. C. c. 64, s. 9, 15; C. S. C. c. 57, 8. 4.

2308. If the bill be payable generally, presentment is made to the drawee or acceptor, as the case may be, either personally, or at his residence, or office, or usual place of business; or if by reason of his absence and not having any known residence, or office, or place of business, or of his death, such presentment cannot be so made, it may be made at his last known residence, or office, or usual place of business, where the acceptance, or,

if there be no acceptance, where the bill bears date.-C. C. 2308. C. S. L. C. c. 64, $ 2.

2309. If a bill payable generally be accepted before and become due after the appointment duly notified of an assignee to the estate of the acceptor, in the case of an insolvent trader, presentment for payment may be made either to the insolvent or to the assignee personally, or at the residence, or office, or usual place of business of either of them.-Ib. s. 18.

2310. The acceptor, drawer, and indorsers of a bill of exchange are jointly and severally liable to the holder for the payment of it.— The liability of the drawer and indorsers and also of acceptors supra protest, is subject to the rules concerning protest and notice herein contained.-Poth. Ch. n. 58, 79, 117; Sto. B. E. 107, 108, 113-118 and cit.; C. Co. 140.

2311. A third person who becomes warrantor on a bill of exchange, is liable in the same manner and to the same extent as the person in whose behalf he so becomes warrantor.-He is bound by the diligence which binds his principal, and is not entitled to any notice of protest apart from the latter.—Poth. Ch. n. 50, 122, 123 ; 1 Sav. P. N. 205, 2 Ib. 94; 2 Par. n. 394, 396, 397; Jou. 0. 1673, a, 33, p. 131, 132; Sto. B. E. n. 372, 393-5, 454-6; Sto. P. N. n. 460, 484; 1 Bell, Com. 376 ; C. Co. 141, 142; Marrett vs. Lynch, 9 L. C. R. 353; 10 Lou R. (O. S.) 374.

2312. The obligation of the acceptor to pay the bill is primary and unconditional, and legal payment by him discharges the bill with respect to all the parties, unless he is an acceptor for honor, in which case he is substituted in the place of the party for whose honor he accepts and has his recourse against such party also.--The rule above declared is without prejudice to the rights of

« السابقةمتابعة »