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Bills of Exchange Act 1908  015
Commenced: 4 Aug 1908
I: Bills of Exchange
General Duties of the Holder
51   Noting or protest of bill




   51. Noting or protest of bill---(1) Where an inland bill has been
 dishonoured it may, if the owner thinks fit, be noted for non-acceptance
 or non-payment, as the case may be; but it shall not be necessary to
 note or protest any such bill in order to preserve the recourse against
 the drawer or indorser.

       For definition of ``inland bill'', see s. 4.
       As to noting or protest on acceptance and payment for honour, see
     ss. 65-68.
       The formalities of ``noting'' and ``protest'' are described in
     Halsbury's Laws of England, title Bills of Exchange; and see subs.
     (9) of this section.
       Protest is not necessary to charge an acceptor of a bill (s. 52
     (3)).


   (2) Where a foreign bill, appearing on the face of it to be such, has
 been dishonoured by non-acceptance it must be duly protested for
 non-acceptance, and where such a bill, not having been previously
 dishonoured by non-acceptance, is dishonoured by non-payment it must be
 duly protested for non-payment, otherwise the drawer and indorsers are
 discharged.

       For definition of ``foreign bill'', see s. 4.
       Protest is not necessary to charge an acceptor of a bill (s. 52
     (3)), or the maker of a promissory note (s. 90 (4)); and see subs.
     (3) of this section.


   (3) Where a bill does not appear on the face of it to be a foreign
 bill, protest thereof as in case of dishonour is unnecessary.

       For definition of ``foreign bill'', see s. 4.


   (4) A bill that has been protested for non-acceptance may be
 subsequently protested for non-payment.

   (5) Subject to the provisions of this Act, where a bill is noted or
 protested it must be noted on the day of dishonour.

   (6) Where a bill has been duly noted, the protest may be subsequently
 extended so as to take effect from the date of the noting.

       See s. 94.

   (7) Where the acceptor of a bill becomes bankrupt or insolvent or
 suspends payment before it matures, the holder may cause the bill to be
 protested for better security against the drawer and indorsers.

       A bill may thus be accepted for honour (see s. 65).


   (8) A bill must be protested at the place where it is dishonoured:

   Provided that---
   (a) Where a bill is presented through the post office, and returned by
         post dishonoured, it may be protested at the place to which it
         is returned and on the day of its return if received during
         business hours, and if not received during business hours, then
         not later than the next business day; and
   (b) When a bill drawn payable at the place of business or residence of
         some person other than the drawee has been dishonoured by
         non-acceptance, it must be protested for non-payment at the
         place where it is expressed to be payable, and no further
         presentment for payment to or demand on the drawee is necessary.

   (9) A protest must contain a copy of the bill, and must be signed by
 the notary making it, and must specify---
   (a) The person at whose request the bill is protested:
   (b) The place and date of protest, the cause or reason for protesting
         the bill, the demand made, and the answer given, if any, or the
         fact that the drawee or acceptor could not be found.

   (10) Where a bill is lost or destroyed, or is wrongly detained from
 the person entitled to hold it, protest may be made on a copy or on
 written particulars thereof.

       Cf. s. 69.


   (11) Protest is dispensed with by any circumstance that would dispense
 with notice of dishonour.

       As to when notice of dishonour is dispensed with, see s. 50 (2).


   (12) Delay in noting or protesting is 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 the bill must be noted or protested with reasonable
 diligence.
     Cf. 1883, No. 8, s. 51
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