« FöregåendeFortsätt »
§ 247. Duty of holder where bill not accepted.
Where a bill is duly presented for acceptance and is not accepted within the prescribed time, the person presenting it must treat the bill as dishonored by non-acceptance or he loses the right of recourse against the drawer and indorsers.
§ 248. Rights of holder where bill not accepted.
When a bill is dishonored by non-acceptance, an immediate right or recourse against the drawers and indorsers accrues to the holder and no presentment for payment is necessary.
SECTION 260. In what cases protest necessary. 261. Protest; how made.
262. Protest; by whom made.
263. Protest; when to be made.
264. Protest; where made.
265. Protest both for non-acceptance and non-payment.
267. When protest dispensed with.
268. Protest where bill is lost or destroyed or wrongly detained.
260. In what cases protest necessary.
¡ Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by nonacceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is un
§ 261. Protest; how made.
The protest must be annexed to the bill, or must contain a copy thereof, and must be under the hand and seal of the notary making it, and must specify:
1. The time and place of presentment;
2. The fact that presentment was made and the manner thereof; 3. The cause or reason for protesting the bill;
4. The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
§ 262. Protest; by whom made. Protest may be made by:
1. A notary public; or
2. By any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses.
§ 263. Protest; when to be made.
When a bill is protested, such protest must be made on the day of its dishonor, unless delay is excused as herein provided. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting.
§ 264. Protest; where made.
A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business or residence of some person other than the drawee, has been dishonored 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.
§ 265. Protest both for non-acceptance and non-payment.
A bill which has been protested for non-acceptance may be subsequently protested for non-payment.
§ 266. Protest before maturity where acceptor insolvent. Where the acceptor has been adjudged a bankrupt or an insolvent or has made an assignment for the benefit of creditors, before the bill matures, the holder may cause the bill to be protested for better security against the drawer and indorsers.
§ 267. When protest dispensed with.
Protest is dispensed with by any circumstances which would dispense with notice of dishonor. Delay in noting or protesting is excused when 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.
§ 268. Protest where bill is lost or destroyed or wrongly detained. 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 written particulars thereof.
ACCEPTANCE FOR HONOR.
SECTION 280. When bill may be accepted for honor.
281. Acceptance for honor; how made.
282. When deemed to be an acceptance for honor of the drawer. 283. Liability of acceptor for honor.
284. Agreement of acceptor for honor.
285. Maturity of bill payable after sight; accepted for honor.
287. Presentment for payment to acceptor for honor; how made.
§ 280. When bill may be accepted for honor.
Where a bill of exchange has been protested for dishonor by nonacceptance or protested for better security and is not overdue, any person not being a party already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon or for the honor of the person for whose account the bill is drawn. The acceptance for honor may be for part only of the sum for which the bill is drawn; and where there has been an aceptance for honor for one party, there may be a further acceptance by a different person for the honor of another party.
281. Acceptance for honor; how made.
An acceptance for honor supra protest must be in writing and indicate that it is an acceptance for honor, and must be signed by the acceptor for honor.
§ 282. When deemed to be an acceptance for honor of the drawer. Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for the honor of the drawer.
§ 283. Liability of acceptor for honor.
The acceptor for honor is liable to the holder and to all parties
to the bill subsequent to the party for whose honor he has accepted.
§ 284. Agreement of acceptor for honor.
The acceptor for honor by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance, provided it shall not have been paid by the drawee, and provided also, that it shall have been duly presented for payment and protested for non-payment and notice of dishonor given to him.
§ 285. Maturity of bill payable after sight; accepted for honor. Where a bill payable after sight is accepted for honor, its maturity is calculated from the date of the noting for non-acceptance and not from the date of the acceptance for honor.
§ 286, Protest of bill accepted for onor or containing a reference
in case of need.
Where a dishonored bill has been accepted for honor supra protest or contains a reference in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honor or referee in case of need.
§ 287. Presentment for payment to acceptor for honor; how made. Presentment for payment to the acceptor for honor must be made as follows:
1. If it is to be presented in the place where the protest for nonpayment was made, it must be presented not later than the day following its maturity;
2. If it is to be presented in some other place than the place where it was protested, then it must be forwarded within the time specified in section one hundred and seventy-five.
§ 288. When delay in making presentment is excused. The provisions of section one hundred and forty-one apply where there is delay in making presentment to the acceptor for honor or referee in case of need.
§ 289. Dishonor of bill by acceptor for honor.
When the bill is dishonored by the acceptor for honor it must be protested for non-payment by him.