476
Excuses for non-notice and delay.
Noting or
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1885.
holder, and the principal, upon receipt of such notice, has himself 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, he has, after the receipt of such notice, the same period of time for giving notice to antecedent parties that the holder has after the dishonour: (15.) where the notice is duly addressed and posted, the sender is deemed 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 control of the party giving notice, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, the notice must be given with reasonable diligence.
(2.) Notice of dishonour is dispensed with-----
(a.) where, 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 dishonour 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, namely, (i.) where drawer and drawee are the same person;
(ii.) where the drawee is a fictitious person or a person not having capacity to contract;
(iii.) where the drawer is the person to whom the bill is presented for payment:
(iv.) where the drawee or acceptor is, as between himself and the drawer, under no obligation to accept or pay the bill: (v.) where the drawer has countermanded payment: (d.) as regards the indorser, in the following cases, namely,
(i) 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:
(ii) where the indorser is the person to whom the bill is presented for payment;
(iii.) where the bill was accepted or made for his accommodation.
51.--(1.) Where an inland bill has been dishonoured, it may, if the holder thinks fit, be noted for non-acceptance or non-payment, as the case may be; but it shall not be necessary 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 where such a bill, which has not been previously dishonoured by non-acceptance, is dishonoured by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged.
(3.) A bill 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 protested or noted for protest, the notary shall make a copy of the bill, or of so much of it as is material, and shall record the date of the protest.
(5.) Where a bill is lost or destroyed, or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars of it.
(6.) A protest must be made, or noted, at the latest on the day of dishonour, or on the next succeeding business day.
(7.) A notary may make a protest on the behalf of any person, provided that person is named in the protest.
(8.) The protest must contain: (a) the bill or a copy; (b) the name of the person for whom and against whom the bill is protested; (c) a statement that payment was refused, and why, or that it was not accepted, or that the drawee or acceptor was not found.
(9.) Protests are dispensed with when the holder, or the drawer, or indorser has waived them. When the bill is protested, the notary shall give notice to the drawer and indorsers.