1901_BILLS_OF_EXCHANGE_ORDINANCE__1885 — Page 16

.D. 1885.

on

pre- necessity

cor is not pay the bill would

or made

reason to

is refused

1

and un-

is dishon- gainst the

bill has Se of dis-

?

drawer

Provided

notice of

se subse-

sion : notice of otice of a as in the

must be

or by or is himself

name or

ther that

it enures

indorsers

A.D. 1885.]

BILLS OF EXCHANGE.

[No. 3.

who have a right of recourse against the party to whom it is given : (4.) where the notice is given by or on behalf of an indorser entitled to give notice as hereinbefore provided, it enures for the benefit of the holder and all indorsers subsequent to the party to whom notice is given ;

(5.) the notice may be given in writing or by personal communica- tion, and may be given in any terms which sufficiently identify the bill, and intimate that the bill has been dishonoured by non-accept- ance or non-payment:

(6.) the return of a dishonoured bill to the drawer or an indorser is,

in point of form, deemed a sufficient notice of dishonour : (7.) a written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communica- tion. A misdescription of the bill shall not vitiate the notice unless the party to whom the notice is given is in fact misled there- by: (8.) where notice is required to he given to any person, it may he given either to the party himself or to his agent in that behalf; (9.) where the drawer or indorser is dead, and the party giving notice knows it, the notice must be given to a personal representa- tive, if such there be, and, with the exercise of reasonable diligence, he can be found ;

(10.) where the drawer or indorser is bankrupt, the notice may be given either to the party himself or to his trustee or assignée ; (11.) where there are two or more drawers or indorsers who are not partners, the notice must be given to each of them, unless one of them has authority to receive such notice for the others;

(12.) the notice may be given as soon as the bill is dishonoured and must be given within a reasonable time thereafter. In the absence of special circumstances, notice is not deemed to have been given within a reasonable time, unless, ---

(«.) where the person giving and the person to receive notice re- side in the same place, the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill ; (6.) 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 is a post at a convenient hour on that day, and, if there is 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 gives notice to his principal, he must do so within the same time as if he were the

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