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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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Cyc. C. C. § 3130 and note.

§3177. RIGHTS A>D OBLIGATIONS OF DRAWER. The

rights and obligations of the drawer of a bill of exchange
are the same as those of the first indorser of any other
negotiable instrument.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

134 C. 237, 242, 66 P. 326 (applied).

As to many miscellaneous matters as to bills of excliange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Implied warranty of indorser. — See Kerr's Cyc. C. C. §3116
and note.

Indorsement — What constitutes. — See Kerr's Cyc. C. C. S 3108
and note.

ARTICLE II.
DATS OF GRACE.
§ 3181. Days of grace.

§.3181. DAYS OF GRACE. Days of grace are not allowed.

IliMtory: Enacted March 21. 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

74 C. 362, 364, 16 P. 19 (referred to); 107 C. 282, 284. 4<i P. 430
(applied).

As to many miscellantous matters as to bills of ^•xcl^:lnK^^ sco

note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Grace not allowed on checks. — See Kerr's Cyc. C. C. $ 32.^4 and
note par. 9.



1565



§§ 3185, 3186 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE III.

PRESENTMENT FOR ACCEPTANCE.

§ 3185. When a bill may be presented.

§ 3186. Presentment, how made.

§ 3187: Presentment to joint drawees.

§ 3188. When presentment to be made to drawee in case of

need.
§ 3189. Presentment, wlien must be made.

§3185. WHEN A BILL MAY BE PRESENTED. At any

time before a bill of exchange is payable, the holder may
present it to the drawee for acceptance, and if acceptance
is refused, the bill is dishonored.

Hiistory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to many miscellaneous matters as to bills of excliange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Dishonor — Presentment in case of. — See Kerr's Cyc. C. C.
§§ 3206, 3207 and notes.

Presentment — How made. — See Kerr's Cyc. C. C. § 3186 and
note.

§3186. PRESENTMENT, HOW MADE. Presentment for
acceptance must be made in the following manner, as nearly
as by reasonable diligence it is practicable:

1. The bill must be presented by the holder or his agent.

2. It must be presented on a business day, and within rea-
sonable hours.

3. It must be presented to the drawee, or, if he be absent
from his place of residence or business, to some person
having charge thereof, or employed therein; and,

4. The drawee, on such presentment, may postpone his
acceptance or refusal until the next day. If the drawee have
no place of business, or if his place of business or residence
cannot, with reasonable diligence, be ascertained, present-

1566



Tit.XV.ch.II.ait.TII.l PRESENTMENT. 88 3187-3189

nient for accpi)tance is excused, and the bill, may be protested
for uon-acceijtance.

HlMtoryt Enacted March 21. 1872; anioiulfd Marrh 30. 1874.
Code Amdts. 1873-4, p. 265.

As to many mlscellamous luallors a.s tn t)llls of excbanKo. «ec
note § 3121, ante.

A.s to many mlscellaneovis matt^-rs as to negotiable instru-
ments, see note | 3086, ante.

Hill of exchange — Presentment of. — St-e Kt-rr'a Cyr. C C.
S 3211 and note.

General rules as to jjresentmrnt for jiaymi-nt, — P<>e TCprr'* f y**.
<". C. ji 3130 and note.

Presentment of part of set. — See Kerr's
Tiote.

§:ns7. 1»I{K.SK> TMEM TO .lOIM IH{A»tK.S. Prpsent-

ment for acrp])taiu'e to one of sevt>ial joint drnwoe.s. and
refusal Ijv him, dispenses with presontment to the others.
Illatorrt Enacted March 21. 1872.

As to many miscellaneous matters as to l)IIls of exchui.., . .
note H 3121, ante.

As to many miscellaneous matters as to noipotlnbic Instru-
ments, see note ( 3086, ante.

§31SS. WHFN IMIKSKM'MKNT T(> KF MADF TO
I>H.V>VFE !>■ r.VSF OF .NFFI). A l)ill of t-xchanp' which
.s|)ocifies a drawee in case of need, must be presented to him
for acceptance or payment, as tlie case may he, liefore It can
l»e treated as dishonored.

IlUtor.i ! Knaetrd March 21. IK72.

As to hill of exchaiiKe naming drawei-
Kerr's Cyc. C. C J 3172 anil note.

As to many miscellaneous nuitt >-<j*i

tujte I 3121. ante.

As t<» nmtiy miscellnneous mnll> r
ments. see note | 3086. ante.

s:n**!». ri{i:sr,N I Ml N I. \niiin mini hi >i\i>i. \vh«»n

a Itill of exrliaime i.s payablt' at a speriHetl litn- :hl.

the drawer and indorsers are exonerated if it is !■ • .ted

1667



§§ 3193, 3194 CIVIL CODE. [Div.III.Pt.IV.

for acceptance within ten days after tlie time which would
sufhce, with ordinary diligence, to forward it for acceptance,
unless presentment is excused.

History: Enacted March 21, 1872.

ARTICLE IV.

ACCEPTANCE.

§ 3193. Acceptance, how made.

§ 3194. Holder entitled to acceptance on face of bill.

§ 3195. What acceptance sufflcient with consent of holder.

§ 3196. Acceptance by separate instrument.

§ 3197. Promise to accept, when equivalent to acceptance.

§ 3198. Cancelation of acceptance.

§ 3199. What is admitted by acceptance.

§ 3193. ACCEPTANCE, HOW MADE. An acceptance of a
bill must be made in writing, by the drawee or by an acceptor
for honor, and may be made by the acceptor writing his name
across the face of the bill, with or without other words.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

As to necessity to give notice of acceptance, see 39 A. R. 221-
227.

Acceptance of negotiable instruments. — See 1 A. S. 135-138.

Honor — Acceptance or payment for. — See Kerr's Cyc. C. C.
§ 3203 and note.

§ 3194. HOLDER ENTITLED TO ACCEPTANCE ON FACE
OF BILL. The holder of a bill of exchange, if entitled to an
acceptance thereof, may treat the bill as dishonored if the
drawee refuses to write across its face an unqualified accept-
ance.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

1568



Tit.XV,ch.II,art.IV.] acckftance. §{3195.3196

As to many miscellaneous matters as tu nogotiablo Instru-
ments, see note § 3086, ante.

Acceptance — Sufflciency of. — See Kerr's Cyr. C. C. { 3195 and
note.

Conditional acceptance. — Sec Kerr's Cyc. C. C. i 2193 and note
par. 12.

Separate instrument — Acceptance in. — See Kerr's Cyc. C C.
S 3196 and note.



§31J)o. >VliAT ACCEPTAXE SUFFK lEM >\ IIH (ON-
SENT OF HOLDER. The holder of a bill of exchange ina.v,

without prejudice to his rights against prior p;i!fi<>s. rer-.-iv.'
and treat as a sufficient acceptance:

1. An acceptance written upon any part of the bill, or
upon a separate paper;

2. An acceptance qualified so far only as to make the bill
payable at a particular place within the city or town In
which, if the acceptance was unqualified. It would be pay-
able; or,

3. A refusal by the drawee to return the bill to the holder
after presentment, in which case the bill is payable imme-
diately, without regard to its terms.

History: Enacted March 21, 1S72.

As III m.iny inlscellan<M>n.>< inatl«'r« as t<> lillls of (>xchanRr<>, ■«•
note S 3121. ante.

As to many mlHcellaneous matters as to noffotiable Inntru-
monts, see note | 3086, ante.

Conditional acceptance. — See Kerr's Cyc. C. C. 13193 and not«
par. 12.

Indorsement of pint payment. — See Kerr's Cyc C. C | >19J
and note.

Sfpar.ite In.strvmient — Acceptance may be on. — See Kerr's Cjrc
r. r. J 3196 and note.

V\VM\. ACrEFTAXF BY SK1V\H\TK I>STHrHF>T. Tho

actH'ptunce of a bill of oxchango, by a separate instrument,
bind.s the acceptor to one. who. upon the faith thereof, haa
the bill for value or other good consideration.

IlUlorx En.Tf-l March 21, 1872.
K.rrs C. C. — 50 1^69



§§ 3197-3199 CIVIL CODE. [Div.III.Pt.IV.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.



§ 3197. PROMISE TO ACCEPT, WHEX EQUIYALENT TO
ACCEPTANCE. An unconditional promise, in writing, to
accept a bill of exchange, is a sufficient acceptance thereof,
in favor of every person who upon the faith thereof has taken
the bill for value.

History; Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 421,
held unconstitutional, see history, § 4 ante; amendment re-
enacted March 21, 1905, Stats, and Amdts. 1905, p. 621.

See Kerr's Cyc. C. C. for 3 pars, annotation.

134 C. 189, 191, 193, 196, 66 P. 210 (applied); 147 C. 69, 75, 81 P.
275 (applied — unconditional promise to accept drafts).

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous inatters as to negotiable instru-
ments, see note § 3086, ante.

Acceptance — How made. — See Kerr's Cyc. C. C. § 3193 and note.

§3198. CANCELATION OF ACCEPTANCE. The acceptor
of a bill of exchange may cancel his acceptance at any time
before delivering the bill to the holder, and before the holder
has, with the consent of the acceptor, transferred his title to
another person who has given value for it upon the faith
of such acceptance.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

113 C. 692, 695, 45 P. 985 (cited).

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

§3199. WHAT IS ADMITTED BY ACCEPTANCE. The

acceptance of a bill of exchange admits the signature of the

1570



Tit.XV.ch.II.art.V.] ACCEPTED for iioxoit. §3203

drawer, but does not admit the signature of any indorser to
be genuine.

HiMtory: Enacted Marcli 21, 1872; amended March 3'i. 1ST4,
Code Amdts. 1873-4, p. 265.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneou.s matters as to bills of t-xcliange, seo
note § 3121, ante.

As to many miscellaneous matters as to negottablf Ijistru-
ments. see note § 3086, ante.

Implied warranty of indorser. — See K.rrs Cyc. C. C. iSHC
and note.



ARTICLE V.

ACCEPTANCE OR PAYMENT FOR HONOR.

S 3203. When bin may be accepted or paid for honor.

S 3204. Holder of hill of exchange hound to aectpt payment

for honor.
S 3203. Acceptance for honor, liow made.
§ 3206. How enforced.
§ 3207. Notice of dishonor not excused by acceptance for honor.

§3-'03. >VIIEN BILL 3I.VV HK Ar( El'TED OK l'AM» H>K
HONOH. On the dishonor of a bill of exchange by the drawee,
and, in case of a foreign bill, after It has been duly protested,
it may be accepted or paid by any person, for the honor of
any party thereto.

lilntory: lOnacted March 21, 1S72.

As t(} arcommodation paper taken .-ifler iiKitiii;
335. 336.

As to many mlscellaneon.'^ mattera n.s to hills >>t oxPhan^, see
note i 3121, ante.

As to many ml.scellaneous matter.^ as to neffutiable Inalru-
nients, see note { 3086, ante.

Rill of exchange after acceptance eijuivalont tr< promissory
note. — See Kerr's Cyc. C. C. | 8246 and note.

Declar.ntlon before pnyment for honor. — See Kerr's Cyc. C C.
§ 3233 and note.

Drawee In case of need. — See Kerr's Cyc. C. C. | S172 and nOt«.

Payment or acceptance to prevent dishonor. — ^»*e 92 A. D.
57S-5SO.

1571



§§ 3204-3206 CIVIL CODE. [Div.III,Pt.IV.

§3204. HOLDER OF BILL OF EXCHANGE BOUND TO
ACCEPT PAYMENT FOR HONOR. The holder of a bill of
exchange is not bound to allow it to be accepted for honor,
but is bound to accept payment for honor.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to bills of exchange, see
note §S121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Acceptance — How made. — See Kerr's Cyc. C. C. §.3193 and note.

Honor — Acceptance for. — See Kerr's Cyc. C. C. § 3205 and note.

§3205. ACCEPTANCE FOR HONOR, HOW MADE. An

acceptor or payer for honor must write a memorandum upon
the bill, stating therein for whose honor he accepts or pays,
and must give notice to such parties, with, reasonable dili-
gence, of the fact of such acceptance or payment. Having
done so, he is entitled to reimbursement from such parties,
and from all parties prior to them.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Declaration before payment for honor.— See Kerr's Cyc. C. C.
§ 3233 and note.

General principles as to acceptance. — See Kerr's Cyc. C. C.
§ 3193 and note.

§3206. HOW ENFORCED. A bill of exchange which has
been accepted for honor must be presented at its maturity
to the drawee for payment, and notice of its dishonor by
him must be given to the acceptor for honor, in like manner
as to an indorser; after which the acceptor for honor must
pay the bill.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

1572



Tit.XV.ch.ir.art.V.] NOTICE OP DISHONOR. § 3207

Effect of want of demand on principal debtor. — S.-c K»rr"s
Cyc. C. C. § 3130 and note.

Notice — By wiiom given. — See Kerr's Cyc. C. C. { 3142 and note.

Presentment — How made. — See Kerr's Cyc. C. C. { 3186 and
note; § 3211 and note.

Protest — Necessity for. — See Kerr's Cyc. C. C. $ 3225 and note.

§3207. NOTICE OF DISHONOR NOT EXCl'SKI) HV A( .
CEPTANCE FOR HONOR. The acceptance of a bill of ex-
change for honor does not excuse the holder from giving
notice of its dishonor by the drawee.

HiMtory: Enacted March 21, 1872.

As to many miscellaneous matters as to bills of excliango, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable Instru-
ments, see note § 3086, ante.

Excuse of presentment and notice. — See Kerr's Cyc. C. C.
§§ 3218-3220 and notes.

Notice of dishonor — By whom given. — See Kerr's Cyc. C. C.
§ 3142 and note.

Same — When excused. — See Kerr's Cyc. C. C. § 3115 and note.

Protest — How notice given. — See Kerr's Cyc. C. C. { 3231 and
note.



157.-?



§§ 3211, 3212 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE VI.

PRESENTMENT FOR PAYMENT.

§ 3211. Presentment, when bill not accepted, where made.

§ 3212. Presentment of bill, payable at particular place.

§ 3213, Effect of delay in presentment, in certain cases.

§ 3214. Effect in other cases.

§3211. PRESENTMENT, WHEN BILL NOT ACCEPTED,
"WHERE MADE. If a bill of exchange is by its terms payable
at a particular place, and is not accepted on presentment,
it must be presented at the same place for payment, when
presentment for payment is necessary.

History: Enacted March 21, 1S72.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Demand on principal debtor — Effect of failure to make. — See
Kerr's Cyc. C. C. § 3130 and note.

Presentment — How made.- — See Kerr's Cyc. C. C. § 3186 and
note.

Protest of non-acceptance and non-payment — Upon question
wliether protest for non-acceptance and non-payment are both
necessary, see 43 A. D. 223.

§3212. PRESENTMENT OF BILL, PAYABLE AT PAR-
TICULAR PLACE. A bill of exchange, accepted payable at a
particular place, must be presented at that place for pay-
ment, when presentment for payment is necessary, and need
not be presented elsewhere.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Place at which instrument must be presented. — See Kerr's
Cyc. C. C. § 3131, subd. 3 and note.

1574



Tit.XV,ch.II,art.VI.] i>KLAY IN PRESENTING. 55 3213.3214

§3213. EFFECT OF DELAY IN PKESEMMENT, I\ CER-
TAIN CASES. If a bill of exchange, payable at sight or on
demand, without interest, is not duly presented for payment
within ten days after the time in which it could, with reason-
able diligence, be transmitted to the proper place for such
presentment, the drawer and indorsers are exonerated, unless
such presentment is excused.

Hldtory: Enacted March 21, 1S72.

See Kerr'B Cyc. C. C. for 6 pars, annotation.

5 C. A. 39, 43, 89 P. 872 (is construed in tonn. . ; ...i, ,mu. » .'{255
— chocks transmitted to anotiier place fur pri-scntnient ).

As to many miscellaneous matters as to bills of exchange, sco
note § 3121, ante.

As to many miscellaneous matters as to negotiable Instru-
ments, see note § 3086, ante.

Apparent maturity of lull payable at sight. — See Kerr's Cyc.
C. C. § 3134 and note.

Notice of dishonor — When excu.sed. — See Kerr's Cyc. C. C.
§ 3155 and note.

Presentment — How made. — See Kerr's Cyc. C. C. J 3131 and
note.

§.3214. EFFECT 1> OTiIEK ( AM S. Mere delay In pre-
senting a bill of exchange payablf with interest, at sight or
on demand, does not exonerate any party thereto.

HiMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

74 C. 362, 364. 16 P. 19. 20 (construed and appli.-d>.

As to many niiscellanrou.*^ matters aa to bills of cxolinngf, aeo
note t 3121, ante.

As to many miseellan< ous niatters aa to negotiable instru-
ments, see note { 3086. anti'.

Cognate sections. — See Kerr's Cyc. C. C. 8 3247 and n>ii.'.



1575



§§ 3218-3220 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE VII.

EXCUSE OF PRESENTMENT AND NOTICE.

§ 3218. Presentment, when excused.

§ 3219. Delay, when excused.

§ 3220. Presentment and notice, when excused.

§ 3218. PRESENTMENT, WHEN EXCUSED. The present-
ment of a bill of exchange for acceptance is excused if the
drawee has not capacity to accept it.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Delay in presentment of check. — See Kerr's Cyc. C. C. § 3255
and note.

Notice of dishonor — When excused. — See Kerr's Cyc. C. C.
§ 3155 and note.

§ 3219. DELAY, WHEN EXCUSED. Delay in the present-
ment of a bill of exchange for acceptance is excused, when
caused by circumstances over which the holder has no control.

Hi.story: Enacted March 21, 1872.

As to many miscellaneous inatters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
inents, see note § 3086, ante.

Delay — When excused. — See Kerr's Cyc. C. C. §§ 3158, 3218 and
notes.

Exoneration of party does not result from delay. — See Kerr's
Cyc. C. C. § 3214 and note.

§ 3220. PRESENTMENT AND NOTICE, WHEN EXCUSED.

Presentment of a bill of exchange for acceptance or payment,
and notice of its dishonor, are excused as to the drawer, if
he forbids the drawee to accept, or the acceptor to pay the

1576



Tit.XV.ch.II.art.VIII.] foukign hills. 5 3224

bill; or if, at the time of drawing, he had no reason to believe
that the drawee would accept or pay the same.
IliNtf>r)i Enaotod March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

90 C. 297. 303, 27 P. 283, 285 (cited).

As to many miscellaneous matters as to Mils of exchange, see
note § 3121, ante.

As to many miscellant'ous matters as to neKottable Instru-
ments, see note § 3086, ante.

Presentment — When excused. — See Kerr's Cyc. C. C. | 3218 and
note.



ARTICLE VI 11.

forp:ign hills.

i 3224. Definitions.

$ 3225. Protest necessary.

i 3226. Protest, by whom niad"-.

{ 3227. Protest, how made.

iS 3228. Protest, where made.

H 3229. Protest, when to be made.

S 3230. Protest, when excused.

i 3231. Notice of protest, how fflven.

I 3232. Waiver of protest.

t 3233. Declaration before payment for honor.

I 3231. Damages allowed <m dishonor of forclKn hill.

I 3235. Rate of damaKC"-

I 3236. Interest on amount of protested bill.

I 3237. Damnsres. how ostlmnted.

4 3238. Same. (In foreign money.]



SS'J'JI. DFFIMTIONS. \n Inland hill of exd 'Oe

drawn and payable within this state. All others a ii.

lli»(4>r.'> I Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to bllln of .V" t.i
note I 3121, anto.

As to many mlsr»llaneou« matter* aa to naffottaHl* Instru-
ments, see note | 30S6. ante.

Bill of exchanRe— What Is. — See Kerr's Cy. and

note.

1577



§§ 3225-3227 CIVIL CODE. [Div.III,Pt.TV.

§ 3225. PROTEST NECESSARY. Notice of the dishonor of
a foreign bill of exchange can be given only by notice of its
protest.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

As to many miscellaneous matters as to bills of exchange, see
note^l 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Definition and object of protest. — See 43 A. D. 216, 217.

Waiver of presentment and notice. — See Kerr's Cyc. C. C.
§ 3159 and note.

Wrongful protest of commercial paper.- — See 30 A. S. 158, 159.

§3226. PROTEST, BY WHOM MADE. Protest must be
made by a notary public, if with reasonable diligence one can
be obtained; and if not, then by any reputable person, in
the presence of two witnesses.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

§ 3227. PROTEST, HOW MADE. Protest must be made by
an instrument in writing, giving a literal copy of the bill of
exchange, with all that is written thereon, or annexing the
original; stating the presentment, and the manner in which
it was made; the presence or absence of the drawee or
acceptor, as the case may be; the refusal to accept or to pay,
or the inability of the drawee to give a binding acceptance;
and in case of refusal, the reason assigned, if any; and,
finally, protesting against all the parties to be charged.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

1578



d



Tit.XV,ch.II,ait.VIII.] PHOTEST. NOTICE OF. §§3228-3231

§3228. PKOTEST. WHKHK MADE. A protest for non-
acceptance must be made in the city or town In which the
bill is presented for acceptance, and a protest for non-pay-
ment in the city or town in which it is presented for pay-
ment.

IliNtory: FJnactod March 21, 1872.

Set' Kerr's Cye. C. C. for 2 purs, annotation.

As to many miscellaneous matters as to hills of exchange, see
note $ 3121, ante.

As to many miscellaneous m.ittirs as to negotiable Instru-
ments, Pee note § 3086, ante.

§3229. PKOTEST, >V1IE> TO HE M.VDE. A prutosi mu.^t
be noted on the day of i)reseiitment, or on the next busi-
ness day; but it may be written out at any time thereafter.

HlHtory: Enaet.d March 21, 1S72.

See K(;rr's Cyc. C. C. for 8 pars, annotation.

As to many miscellaneous nuittcrs ns to hills of exchange. Boo
note § 3121, ante.

As to many miscellaneous matt«rs as to negotiable Instru-
ments, see note 5 .TOSfi, anti-.

§3230. PHOTEST, >VIIE\ E.\( ISEI). Tiio want of a pro-
test of a foreign bill of e.vdiaiiK*'. or delay in mukiim the
same, is excused in lil\o cases with flie \v:mt or (l<>1rtv of
|)re8entment.

Ili«l<>r>: i;!..i.l. .1 Al.i!.,. .,, .,.,..

A.s to many miscellaneous matters as to bills of • ^
note I 3121, ante.

As to many miscellaneous mutters ns to negotiabh
ments. see note I 30S6, ante

Presentment — Excuse for failure or delay. — See K«rr*a Cyc
r. C. IS 3218-3220 and n..t.s.

§3231. NOTICE OF PHOTEST. HOW <.|\KN. .>..... ...'

protest must be pivon in the same manner as notice of dis-
honor, except that it may be piven by the ncitary who makes



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