THE HONGKONG GOVERNMENT GAZETTE, MT FEBRUARY, 1885.
(4.) 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.
(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 him- self 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 dishonour, he has after the receipt of such notice the same period of time for giving no- tice to antecedent partics that the holder has after the dishonour.
(15.) Where a notice of dishonour is duly addressed and posted, the sender is deemned to have given due notice of dishonour, notwithstanding any miscarriage by the post office.
50. (1.) Delay in giving notice of dishonour is excused where the delay is caused by circumstances beyond the con- trol of the party giving notice, and not imputable to his de- fault, misconduct, or negligence. When the cause of delay ceases to operate the notice must be given with reasonable diligence.
(2.) Notice of dishonouriis dispensed with-
may,
(a.) When, after the exercise of reasonable diligence, notice as required by this Ordinance cannot be given to or does not reach the drawer or indorser sought to be charged :
(b.) By waiver express or implied. Notice of dis- honour may be waived before the time of giving notice has arrived, or after the omission to give due notice :
(c) As regards the drawer in the following cases, naine- ly, (1) where drawer and drawee are the same person, (2) where the drawee is a ficti- tions person or a person not having capacity to contract, (3) where the drawer is the per- son to whom the hill is presented for pay- ment, (4) where the drawce 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 and the indorser was aware of the fact at the time he indorsed the bill, (2) where the indorser is the person to whom the bill is presented for payment, (3) where the bill was accepted or made for his accommoda- tion.
51. (1.) Where an inland bill has been dishonoured it if the holder think fit, be noted for non-acceptance or non-payment, as the case may be; but it shall not be ne- cessary to note or protest any such bill in order to preserve the recourse against the drawer or indorser.
(2.) Where a foreign bill, appearing on the face of it to be such, has been dishonoured by non-acceptance it must be duly protested for non-acceptance, and wliere such a bill, which has not been previously dishonoured by non-accept- anee, is dishonoured by non-payment it must be duly pro- tested for non-payment. If it be not so protested the drawer and indorsers are discharged. Where a bill does not appear on the face of it to be a foreign bill, protest thereof in case of dishonour is unnecessary.
(3.) A hill which has been protested for non-acceptance may be subsequently protested for non-payment.
(4.) Subject to the provisions of this Ordinance, when a bill is noted or protested, it must be noted on the day of its dishonour. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting.
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