Marginal note:Dispensing with notice re drawer
106. Notice of dishonour is dispensed with as regards the drawer where
(a) the drawer and drawee are the same person;
(b) the drawee is a fictitious person or a person not having capacity to contract;
(c) the drawer is the person to whom the bill is presented for payment;
(d) the drawee or acceptor is, as between himself and the drawer, under no obligation to accept or pay the bill; or
(e) the drawer has countermanded payment.
- R.S., c. B-5, s. 107.
Marginal note:Dispensing with notice re endorser
107. Notice of dishonour is dispensed with as regards the endorser where
(a) the drawee is a fictitious person or a person not having capacity to contract, and the endorser was aware of the fact at the time he endorsed the bill;
(b) the endorser is the person to whom the bill is presented for payment; or
(c) the bill was accepted or made for his accommodation.
- R.S., c. B-5, s. 108.
Marginal note:Necessity of protest
108. In order to render the acceptor of a bill liable, it is not necessary to protest it.
- R.S., c. B-5, s. 109.
Marginal note:Protest dispensed with
109. Protest is dispensed with by any circumstances that would dispense with notice of dishonour.
- R.S., c. B-5, s. 110.
Marginal note:Delay excused
110. (1) Delay in noting or protesting is excused where the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct or negligence.
(2) Where the cause of delay in noting or protesting ceases to operate, the bill must be noted or protested with reasonable diligence.
- R.S., c. B-5, s. 111.
Marginal note:Foreign bill, non-acceptance
111. (1) 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.
(2) Where a foreign bill that has not been previously dishonoured by non-acceptance is dishonoured by non-payment, it must be duly protested for non-payment.
(3) Where a foreign bill has been accepted only as to part, it must be protested as to the balance.
(4) Where a foreign bill is not protested as required by this section, the drawer and endorsers are discharged.
- R.S., c. B-5, s. 112.
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