F -
226
No. 3 of 1885.
BILLS OF EXCHANGE,
Protest when notary not accessible.
Schedule
Crossing of dividend warrant.
Savings.
[cf. No. 8 of 1921.]
[cf. No. 39 of 1932.]
94.-(1) Where a dishonoured bill or note is authorized or required to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonoured, any house-holder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.
(2) The form in the Schedule may be used, with necessary modifications, and, if used, shall be sufficient.
95. The provisions of this Ordinance relating to crossed cheques shall apply to a warrant for payment of dividend.
96.-(1) The rules in bankruptcy relating to bills of exchange, promissory notes, and cheques shall continue to apply thereto, notwithstanding anything in this Ordinance.
(2) The rules of common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, shall continue to apply to bills of exchange, promissory notes, and cheques.
(3) Nothing in this Ordinance shall affect—
(a) the provisions of any Stamp Ordinance or any law or enactment relating to the revenue; or
(b) the provisions of any Ordinance relating to joint-stock banks or companies; or
(c) the validity of any usage relating to dividend warrants or the indorsements thereof.
SCHEDULE.
(s. 94.)
FORM OF PROTEST WHICH MAY BE USED WHEN THE SERVICES OF A NOTARY CANNOT BE OBTAINED.
Know all men that I, A.B., of
at the request
of C.D., there being no notary public available, did on the day of
at
$
19
}
demand payment [or acceptance] of the bill of exchange hereunder written from E.F., to which demand he made answer [state answer, if any]; wherefore I now, in the presence of G.H. and J.K., do protest the said bill of exchange.
Dated the
day of
19
(Signed) A.B.
G.H. J.K.
} Witnesses.
N.B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.