Bills of Exchange. [Ch. 31. No. 5.

(6) by waiver express or implied; notice of dis-
honour may be waived before the time of giving notice
has arrived, or after the omission to give due notice ;

(c) as regards the drawer in the following cases,
namely, (i) where drawer and drawee are the same
person, (il) where the drawee is a fictitious person, or
a person not having capacity to contract, (iii) where
the drawer is the person to whom the bill is presented
for payment, (iv) where the drawee or acceptor is as
between himself and the drawer under no obligation
to accept or pay the bill, (v) where the drawer has
countermanded payment ;

(2) as regards the indorser in the following cases,
namely, (i) where the drawee is a fictitious person, or a
person not having capacity to contract, and the in-
dorser was aware of the fact at the time he indorsed the
bill, (ii) where the indorser is the person to whom the
bill is presented for payment, (iii) where the bill was
accepted or made for his accommodation,

51. (1) Where an inland bill has been dishonoured, it
may, if the holder think 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 pre-
serve the recourse against the drawer or indorser.

(2) Where a foreign bill, appearing on the face of it
to be such, has been dishonoured by non-aceeptance, it
must be duly protested for non-acceptance, and where such
a bill, which has not been previously dishonoured by non-
acceptance, is dishonoured by non-payment, it must be
duly protested for non-payment. If it be not so protested,
the drawer and indorsers are discharged. Where a bill does
not appear on the face of it to be a foreign bill, protest
thereof in case of dishonour is unnecessary.

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

(4) Subject to the provisions of this Ordinance,
when a bill is noted or protested, it may be noted on the day
of its dishonour, and must be noted not later than the next
succeeding business day. When a bill has been duly
noted, the protest may be subsequently extended as of the
date of the noting.

7717

Noting or

drotest of
rill,