the-ordinances-of-the-legislative-counci-1890v2 — Page 147

BILLS OF EXCIIANGE , [ 9 or 1885. ] 737


( 5. ) The notice may be given in writing or by personal
communication, and may be given in any terms
which sufficiently identify the bill, and intimate that
the bill has been dishonoured by non -acceptance 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 insuffi
cient written notice may be supplemented and val
idated by verbal communication . A misdescription
of the bill shall not vitiate the notice unless the
party to whom the notice is given is in fact misled
thereby.
( 8 ) Where notice of dishonour is required to be given to
any person , it may be 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 representative if such there be , and with
the exercise of reasonable diligence he can be found .
( 10. ) Where the drawer or indorser is bankrupt, notice
may be given either to the party himself or to the
trustee or assignee .
( 11. ) Where there are two or more drawers or indorsers
who are not partners, 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 dis
honoured 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
( a.) Where the person giving and the person to
receive notice reside 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 dis
honour 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.