738 [ 9 OF 1885. ] BILLS OF EXCHANGE .
( 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,
le must do so within the saine time as if he were
the 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 of
dishonour, 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 a notice of dishonour is duly addressed and
posted, the sender is deemed to have given due
notice of dishonour, notwithstanding any miscar
riage by the Post Office.
Excuses for
non - notice
50. ( 1. ) Delay in giving notice of dishonour is excused
and delay . 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 noticemust be given with reasonable diligence.
( 2. ) Notice of dishonour is dispensed with ---
(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 ;
( 6. ) 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,
( 1) where drawer and drawee are the same person ,
( 2 ) where the drawee is a fictitious person or a
person not having capacity to contract, ( 3 ) where
the drawer is the person to whom the bill is presented
for payment, ( 4 ) where the drawee 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 accommodation .