" (8) When a bill is lost or destroyed, or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof.
" (9) Protest is dispensed with by any circumstance which would dispense with notice of dishonour. Delay in noting or protesting is excused when the delay is caused by cir cumstances beyond the control of the holder, and not imputable to his default, misconduct, or negli gence. When the cause of delay ceases to operate the bill must be noted or protested with reasonable diligence." Section 93 of the Act defines when noting is equivalent to protest : " For the purposes of this Act, where a bill or note is required to be protested within a specified time or before some further pro ceeding is taken, it is sufficient that the bill has been noted for protest before the expira tion of the specified time or the taking of the proceeding ; and the formal protest may be extended at any time thereafter as of the date of the noting." Where a notary public is not accessible, Section 94 of the Act makes provision for a bill to be protested by a householder or substantial resident of the place, in the presence of two witnesses. The words of the Section are : " Where a dishonoured, bill or note is authorised or required to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two wit nesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.
" The form given in Schedule 1 to this Act may be used with necessary modifications, and if used shall be sufficient."
Form of protest which may be used when the services of a notary cannot be obtained.
Know all men that I, A. B. (householder), of in the county of in the United Kingdom, at the request of C. D., there being no notary public available, did on the (lay of , 158 , at , demand payment (or accept ance) of the bill of exchange hereunder written, from E. F., to which demand he made answer (state answer, if any), wherefore I now, in the presence of G. H. and J. K., do protest he said bill of exchange.
N.B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten." It is to he observed that G. H. and J. K. are merely witnesses to A. 13.'s signature, not witnesses to the presentment of the bill.
When this form of protest is used it is not preceded by " noting." The Act does not specifically refer to " noting," but the above Section enacts that the certificate shall in all respects operate as if it were a formal protest of the bill. The stamp duty is the same as for an ordinary protest. (See below.) A holder of a dishonoured hill may recover from any party liable on the hill the expenses of noting, or, when protest is necessary, and the protest has been extended, the expenses of protest. Cection 57, s.s. 1 (c.).) Where payment is made to a notary when he pre sents the bill, the acceptor should pay the notary's charges, though it has been decided that, in such a case, the notary's charges cannot be enforced by law against the acceptor.
The date on which bills are to he protested in foreign countries depends upon the laws of those countries.