2300. When a bill which has been noted for nonacceptance 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. 2300.

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 primà facie evidence.-Ib. c. 64, s. 14, 24; C. S. C. c. 57, s. 6.

SECTION 5.

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, presentment 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, s. 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. O. 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

C. C. 2312. an acceptor against the party for whose accommodation he has accepted.-2 Nou. 342, 343; Sto. B. E. n. 256, 257, 410, 420, 422; C. 2310.

2313. Payment by the drawer of an unaccepted bill finally discharges it. If it be accepted he is entitled to recover from the acceptor, unless the acceptance is for his accommodation.-C. 2310; 2 Nou. 350; Sto. B. E. n. 422.

2314. Payment by an indorser entitles him to recover from the acceptor and drawer and all the indorsers prior to himself; saving the rights of the acceptor for his accommodation.-Author. under a. 2313.

2315. Payment of a bill must be made upon that part of the set upon which the name of the party paying appears, and such part should be delivered to him, otherwise he will not be discharged from his liability to innocent holders of such part of the bill.-C. Co. 145, 147.

2316. Payment of a lost bill of exchange may be recovered upon the holder making due proof of the loss, and also, if the bill be negotiable, on giving security to the parties liable, according to the discretion of the court. Jou. O. 1673, t. 5, a. 18, 19, 111; 2 Bor. 591; Sm. M. L. 285, 286; Sto. B. E. n. 447-; Ib. P. N. n. 106-; C. 1233; C. 150-153.

2317. Payment may be made of a bill of exchange after protest, by a third person for the honor of any party to it, and the person so paying has his recourse against the party for whom he pays and against all those liable to such party on the bill.-If the person paying do not declare for whose honor he pays, he has his recourse against all the parties upon the bill.-Poth. Ch. n. 170, 171; 2 Par. n. 405 ; 1 Bell, Com. 312, 334; C. 1141; C. Co. 158, 159.

2318. Payment of a bill must include the full amount C. C. 2318. of it with interest from the last day of grace and all expenses of noting, protest and notices legally incurred upon it, with damages in the cases hereinafter stated.C. S. L. C. c. 64, s. 7, 21.

SECTION 6.

Of protest for non-payment.

2319. Bills of exchange after presentment for payment, as provided in the fifth section of this chapter, if not then paid, are protested for non-payment, in the afternoon of the last day of grace.-The protest is held to have been made in the afternoon of the day on which it bears date unless the contrary appears on the face of it.C. 2306, 2307, 2308, 2309; C. S. L. C. Ib. s. 16, § 2, s. 17, § 2.

2320. Protests for non-payment are made by the ministry of the same persons and in the same manner and form as protests for non-acceptance, and are subject to the same rules of proof.-If the bill has been noted for non-acceptance it must be so stated in the protest for non-payment, as declared in article 2300.-C. 2302, 2303, 2304; C. S. L. C. c. 64, s. 11, 14, 20, 22.

2321. Bills drawn abroad upon any person in Lower Canada, or payable or accepted at any place therein, are subject, as to all parties therein resident and liable on such bills, to the rules contained in this title with respect to the days of grace and the noting and protesting of bills for non-acceptance and for non-payment, and the notification and service of protests, and also with respect to commission and interest.-C. S. L. C. c. 64, s. 25.