$ 44. Duties as to qualified acceptances. 44. (1.) The holder (a) of a bill may refuse to take a qualified acceptance (b), and if he does not obtain an unqualified acceptance may treat the bill as dishonoured by non-acceptance. (2.) Where a qualified acceptance is taken, and the drawer or an indorser has not expressly or impliedly authorised the holder to take a qualified acceptance, or does not subsequently assent thereto, such drawer or indorser is discharged from his liability on the bill. The provisions of this subsection do not apply to a partial acceptance, whereof due notice has been given (c). Where a foreign bill (d) has been accepted as to part, it must be protested as to the balance (e). (3.) When the drawer or indorser of a bill receives notice of a qualified acceptance, and does not within a reasonable (ƒ) time express his dissent to the holder he shall be deemed to have assented thereto. (a.) Vide § 2. (b.) Vide § 19. (c.) Vide § 49, as to the requisites of notice of dishonour. (d.) This provision only applies where a bill on the face of it appears to be foreign, vide § 51 (2), and § 4. (e.) The mode of protesting is regulated by § 51. The necessity for a protest is determined according to the rules laid down in § 72 (3). (f) Reasonable time depends on the circumstances of each case. Rules as to presentment 45. Subject to the provisions of this Act (a) a bill for payment. must be duly presented for payment. If it be not so presented the drawer and indorsers shall be discharged (b). A bill is duly presented for payment which is presented in accordance with the following rules : (1.) Where the bill is not payable on demand, presentment must be made on the day it falls due (c). (2.) Where the bill is payable on demand (d), then, subject to the provisions of this Act (e), presentment must be made within a reasonable time after its issue (f) in order to render the drawer liable, and within a reasonable time after its indorsement (ƒ), in order to render the indorser liable. In determining what is a reasonable time, (g) regard shall be had to the nature of the bill, the usage of trade with regard to similar bills, and the facts of the particular case. (3.) Presentment must be made by the holder (ƒ) or by some person authorised to receive payment on his behalf at a reasonable hour (h) on a business day (i), at the proper place as herein-after defined, either to the person designated by the bill as payer, or to some person authorised to pay or refuse payment on his behalf if with the exercise of reasonable diligence such person can there be found (j). (4.) A bill is presented at a proper place (a.) Where a place of payment is specified in the (b.) Where no place of payment is specified, but $ 45. § 45. the address of the drawee or acceptor is given in the bill, and the bill is there presented. (c.) Where no place of payment is specified, and no address given, and the bill is presented at the drawee's or acceptor's place of business if known, and if not, at his ordinary residence if known. (d.) In any other case (1) if presented to the drawee or acceptor wherever he can be found, or if presented at his last known place of business or residence, (5.) Where a bill is presented at the proper place, and after the exercise of reasonable diligence no person authorised to pay or refuse payment can be found there, no further presentment to the drawee or acceptor is required. (6.) Where a bill is drawn upon, or accepted by two or more persons who are not partners, and no place of payment is specified, presentment must be made to them all (m). (7.) Where the drawee or acceptor of a bill is dead, and no place of payment is specified, presentment must be made to a personal representative, if such there be, and with the exercise of reasonable diligence he can be found. (8.) Where authorised by agreement or usage a presentment through the post office is sufficient (n). (a.) Presentment for payment is not required in certain cases, vide § 46. It is not required where the bill has been dishonoured by non-acceptance, vide § 43, unless it has been afterwards accepted for honour, vide § 66 and 67. (b.) The drawer is not discharged by non-presentment, where the drawer and drawee are the same persons or a person not having capacity and contract. In these cases, the holder may treat the bill as a note, vide § 5 (2), and the drawer is then considered to be the maker, whose liabilities are those of an acceptor, vide § 89 (2). (c.) A bill not payable on demand must be presented on last day of grace, vide § 14. (d.) Vide § 10. (e.) Vide notes (a) and (b). (f) Vide § 2. (g.) Vide note (d) on § 40, and note (e) on § 86. (h.) "Reasonable hours" means "bank hours," if the acceptor or drawee be a banker, and business hours if he is a merchant, and if he be not in business it is a jury question, Chitty on Bills, p. 215, and note (c) on § 41. (i) Vide § 93. (j.) Presentment for payment can only be made by the bearer of a bill payable to bearer, or by the payee or indorsee of a bill payable to order. A person holding under a forged indorsement is not a holder, vide § 24. If the holder do not himself present for payment, the person he sends must be authorised to give up the bill and to discharge the payer. The payer may be either the drawee or acceptor, or the person with whom the bill is domiciled, where the bill is made payable elsewhere than at the drawee's residence or place of business. The holder is not bound to look for a person authorised to make payment except at the proper place, as defined in subsection 4. It is not necessary to present to a referee in case of need, whose name is given on the bill, vide § 15. Where the acceptor or drawee is bankrupt, presentment must be made to him, Thomson on Bills, p. 305, and in the case of a company being wound up, presentment is made to the liquidator, in re Agra Bank ex parte Tondeur, L. R. 5, Eq. 160. (k.) The place of payment may have been added by the drawee on accepting, vide § 19, and presentment is to be made there, although the drawee or acceptor be dead, vide subsection (4). § 45. $ 45. (7.) The holder is not bound to present to the drawee, in the cases defined in (4 a, b, and c), if he is not to be found at the several places of payment there stated. (m.) A refusal on the part of one of them to pay, does not dispense with presentment for payment to the others, as in the case of presentment for acceptance. (n.) Where, owing to accidents happening at the post-office, the presentment is not made, or is not made in due time, the holder will not, it is thought, be deprived of his recourse against the drawer and prior indorsers. If he has been authorised to make presentment through the post-office, then so soon as he commits the bill to the post-office he has no longer control of it, and the principle of the cases which have been decided as to the completion of a contract through the post-office seems to apply. The leading case is Dunlop v. Higgins, 2nd July, 1847, 9 D. 1407, 24th Feb. 1848, 6 Bell, App. 195. In that case, a letter accepting an offer was posted in Liverpool on 30th January, but dated by mistake 31st January, and owing to a delay in the post-office, was not delivered in Glasgow till the afternoon of 1st February. If the offer was not accepted in course of posti.e., by a letter which would reach the offerers on the 31st January, the acceptance would be too late. It was contended that the acceptors were responsible for the delay in the postoffice; but it was held both in the Court of Session and in the House of Lords, that the delay caused by the post-office did not prevent the completion of the contract. Lord Cottenham said :- "It is a very frequent occurrence that a party having a bill of exchange, which he tenders for payment to the acceptor, and if acceptance is refused, is bound to give the earliest notice to the drawer. That person may be resident many miles distant from him. If he puts a letter into the post at the right time it has been held quite sufficient: he has put the letter into the post, and whether that letter be delivered or not is a matter quite immaterial, because for accidents happening at the post-office he is not responsible." In the House Fire Insurance Company v. Grant, 4 Ex., Div. 216, where the posting of a letter of allotment, which was |