[V., Q., W.A. 46.]

[Tas. i.]

reasonable time express his dissent to the holder he shall
be deemed to have assented thereto.

presentment

45. Subject to the provisions of this [ ] Act a bill must Rules as to be duly presented for payment. If it be not so presented for payment. the drawer and indorsers shall be discharged.

A bill is duly presented for payment which is presented
in accordance with the following rules:-

(1.) Where the bill is not payable on demand,
presentment must be made on the day it falls
due.

(2.) Where the bill is payable on demand, then,
subject to the provisions of this [] Act, pre-
sentment must be made within a reasonable
time after its issue in order to render the drawer
liable, and within a reasonable time after its
indorsement, in order to render the indorser
liable.

Victoria.-Insert in [ ] the words Part of this.

In determining what is a reasonable time, regard
shall be had to the nature of the bill, the usage
of trade with regard to similar bills, and the
facts of the particular case.

(3.) Presentment must be made by the holder or by
some person authorised to receive payment on
his behalf at a reasonable hour on a business
day, at the proper place as hereinafter defined,
either to the person designated by the bill as
payer, or to some person authorised to pay or
refuse payment on his behalf if with the
exercise of reasonable diligence such person can
there be found.

(4.) A bill is presented at the proper place :

(a) Where a place of payment is specified in the
bill and the bill is there presented.

N.B.-The text, in large type, is that of the original (English) Act.

Variations

therefrom appear in small type. The existence of variations is indicated by the

Excuses for

delay or non

payment.

(b) Where no place of payment is specified but [Tas. ii.]
the address of the drawee or acceptor is given

in the bill, and the bill is there presented.

(c) Where no place of payment is specified and (Tas. iii.]
no address given, and the bill is presented at
the drawee's or acceptor's place of business if
known, and if not, at his ordinary residence
if known.

(d) In any other case if presented to the drawee [Tas. iv.]
or acceptor wherever he can be found, or if
presented at his last known place of business
or residence.

(5.) Where a bill is presented at the proper place,
and after the exercise of reasonable diligence no
person authorised to pay or refuse payment can
be found there, no further presentment to the
drawee or acceptor is required.

(6.) Where a bill is drawn upon, or accepted by two
or more persons who are not partners, and no
place of payment is specified, presentment must
be made to them all.

(7.) Where the drawee or acceptor of a bill is dead,
and no place of payment is specified, presentment
must be made to a personal representative, if
such there be, and with the exercise of reason-
able diligence he can be found.

(8.) Where authorised by agreement or usage a
presentment through the post office is sufficient.

46. (1.) Delay in making presentment for payment is [v., Q., w.A. 47.] presentment for excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate presentment must be made. with reasonable diligence.

N.B. The text, in large, type, is that of the original (English) Act. Variations
therefrom appear in small type. The existence of variations is indicated by the

Dishonour by non-payment.

(2.) Presentment for payment is dispensed with--
(a) Where, after the exercise of reasonable dili-
gence, presentment, as required by this []
Act, cannot be effected.

Victoria.-Insert in [ ] the words Part of this.

The fact that the holder has reason to believe
that the bill will, on presentment, be dis-
honoured, does not dispense with the neces-
sity for presentment.

(b) Where the drawee is a fictitious person.
(c) As regards the drawer where the drawee or
acceptor is not bound, as between himself
and the drawer, to accept or pay the bill, and
the drawer has no reason to believe that the
bill would be paid if presented.

(d) As regards an indorser, where the bill was
accepted or made for the accommodation of that
indorser, and he has no reason to expect that
the bill would be paid if presented.

(e) By waiver of presentment, express*

plied.

* Tasmania.-Expressed.

or im

47. (1.) A bill is dishonoured by non-payment (a) [V., Q., W. A. 49′′] when it is duly presented for payment and payment is refused or cannot be obtained, or (b) when presentment is [] excused and the bill is overdue and unpaid.

New South Wales.—Insert in [] the words dispensed with or.

(2.) Subject to the provisions of this [ ] Act, when a bill is dishonoured by non-payment, an immediate right of recourse against the drawer and indorsers accrues to the holder.

Victoria.-Insert in [ ] the words Part of this.

N.B.-The text, in large type, is that of the original (English) Act. Variations
therefrom appear in small type. The existence of variations is indicated by the

[V., Q., W.A. 49.]

[V., Q., W.A. 50.]

honour and

notice.

48. Subject to the provisions of this [] Act, when a Notice of disbill has been dishonoured by non-acceptance or by effect of nonnon-payment, notice of dishonour must be given to the drawer and each indorser, and any drawer or indorser to whom such notice is not given is discharged; Provided that

Victoria.-Insert in [ the words Part of this.

(1.) Where a bill is dishonoured by non-acceptance,
and notice of dishonour is not given, the rights
of a holder in due course subsequent to the
omission shall not be prejudiced by the omis-

sion.

(2.) Where a bill is dishonoured by non-acceptance
and due notice of dishonour is given, it shall not
be necessary to give notice of a subsequent
dishonour by non-payment unless the bill shall
in the meantime have been accepted.

notice of dis

49. Notice of dishonour in order to be valid and Rules as to effectual must be given in accordance with the following honour. rules:

(1.) The notice must be given by or on behalf of
the holder, or by [or] on behalf of an indorser
who, at the time of giving it, is himself liable
on the bill.

South Australia.—For [or] read [and].

(2.) Notice of dishonour may be given by an agent
either in his own name, or in the name of any
party entitled to give notice whether that party
be his principal or not.

(3.) Where the notice is given by or on behalf of the
holder, it enures for the benefit of all subse-
quent holders and all prior indorsers who have
a right of recourse against the party to whom
it is given.

N.B.-The text, in large type, is that of the original (English) Act. Variations
therefrom appear in small type. The existence of variations is indicated by the

(4.) Where 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 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.

A

(7.) A written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communication. 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 [ ].

Victoria. For [bankrupt] read [bankrupt or insolvent.]
Insert in []at the end of sub-section the words or assignee.
South Australia.

Queensland.

-

Western Australia.—,

-For [bankrupt] read [insolvent.]

Variations

N.B.-The text, in large type, is that of the original (English) Act. therefrom appear in small type. The existence of variations is indicated by the