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BILLS OF EXCHANGE ACT 1882 - SECT 49

Rules as to notice of dishonour.

49. Notice of dishonour in order to be valid and effectual must be given in
accordance with the following 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.

(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 subsequent holders and all prior indorsers who have a right of
recourse against the party to whom it is given.

(4)Where notice is given by or on behalf of an indorser entitled to give
notice as herein-before 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.

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


<(11)Where there are two or more drawers or indorsers who are not partners, notice must be given to each of them, unless one of them has authority to receive such notice for the others.


<(12)The notice may be given as soon as the bill is dishonoured and must be given within a reasonable time thereafter.


In the absence of special circumstances notice is not deemed to have been
given within a reasonable time, unless

(a)where the person giving and the person to receive notice reside in the same
place, the notice is given or sent off in time to reach the latter on the day
after the dishonour of the bill.

(b)where the person giving and the person to receive notice reside in
different places, the notice is sent off on the day after the dishonour of the
bill, if there be a post at a convenient hour on that day, and if there be no
such post on that day then by the next post thereafter.

<(13)Where a bill when dishonoured is in the hands of an agent, he may either himself give notice to the parties liable on the bill, or he may give notice to his principal. If he give notice to his principal, he must do so within the same time as if he were the holder, and the principal upon receipt of such notice has himself the same time for giving notice as if the agent had been an independent holder.


<(14)Where a party to a bill receives due notice of dishonour, he has after the receipt of such notice the same period of time for giving notice to antecedent parties that the holder has after the dishonour.


<(15)Where a notice of dishonour is duly addressed and posted, the sender is deemed to have given due notice of dishonour, notwithstanding any miscarriage by the post office.


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