Imagens das páginas
PDF
ePub

of anything going wrong. A drawee will, of course, take care to accept only one part, and always to obtain possession by payment of such part as he may have accepted, otherwise he may have to pay twice.

6. Presentation at Maturity-Before MaturityAfter Maturity.

It is not necessary, on the arrival of a bill at maturity, to present it to the acceptor personally. It is his business to provide for it at the place indicated. It is absolutely necessary that the bill or note should be presented, when due, at the place indicated, otherwise legal proceedings will be of no avail against the indorsers. The acceptor or maker, however, still remains liable; but a person who guarantees the payment of a bill is not released by the non-presentment. A reasonable time is allowed to present a bill payable on demand. If it be received one day, it is not necessary that it should be presented until the day after. A promissory note, payable on demand, may be taken as an exception to this rule, as it is frequently given as a continuing security, carrying interest. It is not, therefore, considered sufficient neglect to discharge the indorser, if it be presented within

a reasonable time after its reception. Where bills are made payable at private houses, with no recognised hours of business (such as bankers have), as late as eight o'clock in the evening is not considered unreasonable by the law. If a bill be drawn, payable at a certain place, even though it be different from that indicated by the acceptance, presentment must be made there, in order to charge the drawer. If a bill be made payable at one of two places, presentment at either will suffice. Proof of presentment at the place indicated, though no one were in attendance, neither did the acceptor live there, would suffice. In the case of a promissory note, the place of payment must be mentioned in the body of the document, so as to be a part of the contract. Presentment at a place indicated in a detached memorandum will not suffice, and is held to be fatal to the document. Circumstances, however, may exist in which non-presentment, when due, will not discharge the antecedent parties—a bill seized under an extent, for instance, as laches cannot be imputed to the crown. Neglect to present, when due, discharges the antecedent parties -the only recourse being against drawer and acceptor. Should the acceptor, however, have

failed since the day of maturity, the drawer is also released, unless the holder can satisfactorily prove that, had the bill been presented at maturity, it would have been refused for a sufficient reason, such as no effects, no orders, nor advice.

7. Mode of Proceeding with Dishonoured Bill.

In case a bill should not be paid when presented, it is customary and necessary to leave a written notice, containing the particulars of the bill, so that at a later period of the day the acceptor may procure the funds necessary to meet the bill, and prevent its being protested. Notice of dishonour may be given by the holder's agent or attorney, and in his own name stands good. Notice of dishonour should be given to each indorser, each being entitled. The drawer of a bill, when payable to a third party, is entitled to notice. Neither the drawee nor acceptor of a bill, nor the maker of a promissory note, is entitled to notice. It is safest for the holder to give notice himself to all the indorsers; as, if he only give notice to his immediate indorser, and it is not regularly transmitted to the antecedent parties, they are discharged. It is also necessary that there be no laches in the circulation of the notices, no more

than one day being allowed between each, as any neglect on the part of one indorser is not compensated for by extra diligence on the part of another. Laches committed by any indorser discharges all the antecedent parties. If the party be dead, notice must be given to his personal representatives. Where a firm or number of people are jointly liable on a bill, notice to one is sufficient. Notice of dishonour need not be given when a bill is drawn on an insufficient stamp, nor is it necessary to the indorser of a promissory note not negotiable. A promise of part payment, or an acknowledgment of liability, will be evidence of

notice.

8. Notation of Protest-Necessity for, and Security of.

Noting bills of exchange and promissory notes, as is customary among bankers and merchants at the present time, is a different operation from the 'notation of protest,' as regards foreign bills of exchange. The mere 'noting' is a minute made by the notary, an officer appointed by the Archbishop of Canterbury, and whose appointment is registered and subscribed by the Clerk of Her Majesty for Faculties in Chancery.* Noting is

The first instance of a woman being appointed as a Notary public' occurred lately at Chicasaw County, Iowa.

recognised by the law as the preliminary step to the protest, and is, strictly, a part of it. At the same time, bills are noted when no protest is intended. In a case of legal proceedings against parties to a dishonoured bill, the notary would be considered an essential witness of the presentment and dishonour. The minute of the notary, which is attached to the bill, is satisfactory evidence of the document having been duly presented, either for payment or acceptance. The notary is a person conversant with such transactions, and is considered a qualified person to direct the holder as to the course to be pursued. With respect to the charges, it appears that, according to the resolutions passed at a meeting of some of the notaries belonging to the city of London, which was held at the George and Vulture Tavern, on July 1, 1797, the following charges were agreed to, which were approved by the Bank of England :—For bills payable or to be accepted by persons living within the old walls of London, 1s. 6d. ; beyond the old walls, and not farther than certain boundaries known to the notaries, which it is scarcely needful to specify at length, 2s. 6d.; beyond such boundaries, and not off the pavement, 3s. 6d. ; every mile after leaving the pavement, 1s. 6d. additional.

« AnteriorContinuar »