PRESENTMENT FOR ACCEPTANCE-(continued).

2. Time when presentment for should be made—(continued).

what has been deemed to be a reasonable time, 210.-(See " Rea-
sonable Time.")

what have been deemed laches in this respect in case of a foreign
bill, and what not, 207, 8.-(See "Laches.")

holder of an inland bill payable after sight is not bound to pre-
sent it for instantly, 209, 10.

but when presentment is made, it should be in the usual hours of
business, 212.
[212.

but a war or accident will excuse a neglect to make a presentment,
S. Mode of presenting for acceptance, 212 to 214.

the bill is usually left 24 hours with the drawee, 212.
but this must not be done if post goes out in the interim, 213.
when drawee cannot be found at the place where he is addressed,
the bill to be considered as dishonored, 213.

but if he have removed, the holder must find out where, and pre-
sent accordingly, 213.

no presentment need be made when drawee has left the kingdom,
214.

if drawee is dead, presentment should be made to his personal re-
presentative, 214.

when a bill is left for, and holder grants him time, notice should
be given, 214.

need not be proved in an action by a surety against acceptor, 274.
neglect to make when necessary discharges the other parties to a
bill, 301.

4. How this neglect may be waived, 301 to 309.

PRESENTMENT FOR PAYMENT,

1. When presentment for payment necessary, 315 to 332.

when bill payable in a specified time, presentment should be made
when due, 315.

when no time specified within a reasonable time after receipt, 315.
and if holder neglect to do so, he cannot afterwards resort to
drawer or indorsers, or to the original consideration, 315, 16.
a person who has guaranteed the due payment when discharged by
neglect, 264.
[ment, 274.
but a surety for the acceptor suing him need not prove present-
acceptor supra protest may object on want of presentment to
drawee, 313. 315.

death, bankruptcy, or known insolvency of drawer of a bill or
note will not excuse neglect to make presentment, 317.

in case of death presentment should be made to executor, 317.
if there is neither executor or administrator, presentment must be
made at the house of the deceased, 317.

loss of bill no excuse for not applying for payment, 195.

if maker of a note shuts up his house, it will not suffice to make
presentment there, 317.

if maker of a note is a banker, and shuts up and abandons his
shop, how far presentment at such shop valid, 317.

no presentment for payment necessary when there has been a
previous refusal to accept, 300.

if holder of a bill be dead when due presentment should be made
by his executor, 318.

to whom presentment should be made if drawer abroad, 318.
when a bill transferable only by indorsement is delivered to a per-
son, without such indorsement, presentment should be made, 318,

PRESENTMENT FOR PAYMENT (continued).

1. Where presentment for payment necessary-(continued).

check need not be presented if it is not stamped where one is re-
quired, 318.

but insufficiency in other respects no excuse, 318.

want of effects, as far regards drawer's liability, is an excuse for
omission of presentment, 318.

and where it is impossible to present it from political causes, the
same rule prevails, 319.

and evidence to this effect may be given under usual averment that
bill was presented in due time, 319.

and bill taken under an extent from the Crown, and no present-
ment made, does not discharge the parties to it, 319.

consequences of neglect to make presentment, waived by part
payment, 319.

or a promise after default, 319.

what other acts will do away the neglect to make presentment, 319.
a promise to pay made to holder by drawer suspecting bill will not
be paid, is no excuse for neglect to present, 319.

nor will acceptor's telling drawer, that he could not pay, excuse
neglect, though the acceptor pay part, 293.

nor will other knowledge by drawer that bill will not be paid ex-
cuse, 264.

when no particular place named in bill, no presentment need be
made to charge acceptor of a bill or maker of a note, 320.
and this though bill was payable on demand, 321.

but when a particular place is named in the body of the bill, pre-
sentment must be made there to charge either the drawer or
acceptor, 321.

and such presentment must be averred in the declaration, 322.
and if it is not stated in the body, but only at the bottom of the
instrument in printed characters, the rule is the same, 322.
but if body of a bili contains a request to pay in London, and
drawee accept, payable at a banker's there, presentment must
be made there, 323.

but these rules do not prevail if a promissory note payable gene.
rally in body, and contains a memorandum at the foot, making
it payable at a particular place, 325.

and in a declaration on such note, if it is alleged to be payable
at a particular place, it is a fatal variance, 326.

when a bill is accepted payable at a named place, how far pre-
sentment for payment is necessary there, 326. 332.

a neglect to make presentment for payment will not discharge ac-
ceptor, 328.

but as there is doubt on this subject, it is advisable in all cases to
make presentment, 331.

and in order to charge drawer or indorser, presentment must be
made at place, 332.

and neglect to make presentment, will discharge a person gua-
ranteeing the due payment of a bill, 264. 332.

and if bill payable at a banker's, presentment must be in usual
banking hours, 332.

and if a bill is payable after demand, presentment must be made,
332.-(See "Place.")

2. By and to whom and where presentment should be made, 332 to 335.

-(See last Head).

by the holder or his agent to the person on whom bill drawn, 332.
and a person, holder of a bill payable to his own order, may make
it, 332.

PRESENTMENT FOR PAYMENT (continued).

2. By and to whom and where presentment should be made—(continued).
may be made at the house of the acceptor, and no need of a de-
mand in person, 332.

and it is the same as if made at place appointed for payment, 333.
when it may be made at acceptor's agent, 333.

and when an instrument is payable at one of two places, present-
ment to the one or the other sufficient, 333.

and in an action on such instrument, no defence to say, if it had
been presented at the other, it would have been paid, 333.
when bill is accepted, payable at a particular place, presentment
must be there, 333.

and if such presentment is made, and payment refused, no fur-
ther need be made, 333.

and if the person at whose house bill payable is no party to it,
an answer there is sufficient, 333.

if such person be holder, and he finds no effects, he may treat bill
as dishonored, 334.

a bill or check payable at a banker's, presentment to their clerk
at clearing house, sufficient, 834.

if drawee removed, holder must find out whither, and present
there, 334.

but if he has absconded, or never lived there, holder need not
make any further inquiries, 334.

if he has left the country, what presentment will do, 334, 5.
if drawee dead, holder should enquire for his personal represen-
tative, and in case there is none, should present at deceased's
house, 335.

and in order to charge indorser, no demand for payment need be
made on drawer, 335.

3. Time when to be presented for payment, 335 to 341.-(See "Com-
putation of Time," "Days of Grace," "Time," "Usance.")
depends on the terms of the instrument itself, 335.

and when no time expressed, depends on other circumstances, 335.
when ought to be made, determined by the court, 336.

holder receiving bill near time when due, is no excuse for omis-
sion of presentment, 336.

no days of grace allowed when bill is payable on demand, 336.
all other bills allowed them, 336.-(See "Days of Grace,"
“Usance.")

by what style the bill is to be calculated, 336, 7.-(See " Style.")
at or near Hamburgh the holder not bound to present bill until
eleventh day after it is due, 339.

but this rule seems to vary from the Hamburgh ordinance, 339.
when last day of grace in England is on a Sunday, Christmas-
day, or Good Friday, presentment must be on the preceding,

340.

in other cases presentment before third day is a nullity, 341.
when bills payable at usances should be presented, 341 to 343.—
(See "Usances.")

when bills payable after date or after sight, 343 to 345.-(See
66 Date," "At Sight.")

When bills, notes, and checks payable on demand should be presented,
345 to 353.--(See Demand," "Reasonable Time.")

no days of grace allowed on such bills, 343.

should be presented within a reasonable time after receipt, 345.
what is reasonable time, a question of law and fact, 345.

reasonable time must be accommodated to the other business and
affairs of life, 346.

PRESENTMENT FOR PAYMENT-(continued).

When bills, notes, and checks payable on demand should be pre-

sented (continued).

and a bill or note need not be presented the same day issued, and
twenty-four hours is a reasonable time, 347, 8, 9.

bill or note given for cash to a person making his livelihood by
profit on such bills, what is reasonable time, difficult to say, 347.
but when given in payment, any time beyond usual course of
business, is unreasonable, 347.

a presentment of such a bill or note the day after receipt is suffi-
cient if made within usual hours of business, 347, 8.

and this rule prevails when the bill, &c. is given to a banker by
way of payment, 349, 50.

and such a bill or note payable elsewhere than in the place where
given, what is a reasonable time, 350.

what is a reasonable time for presenting a check on a banker for
payment, 350, 1, 2.

but the rule allowing each party to retain a bill, note, or check
until next day, will not be extended to a succession of per-
sons, 353.

4. Time of the day when the presentment should be made, 353 to 355.
in a reasonable time before the expiration of the day bill due, 353.
and if by custom there are limited hours for payment, a present-
ment out of them improper, 353.

this rule extends to a person of a particular trade; where such
custom is peculiar to such trade, 353, 4.

and if not done in such hours, holder not entitled to protest, 354.
no inference that presentment was made in due time is to be drawn
from a notary's presenting it in the evening, 354.

but if presentment is made after such hours, and an answer re-
turned, it is good, 354.

and when party to pay bill is not a banker, presentment at any
time of day is sufficient, 355.

5. Mode of presentment, 356.

unless bill paid, it ought not to be left, 356.

and if it is, presentment is not considered as made till money
called for, 356.

doubtful whether a banker is guilty of neglect in giving up bill,
and taking acceptor's check on another banker, 356.

6. Circumstances arising between presentment and actual payment, 356

to 357.

when bill or check is given on a condition, and the drawer discover
that it has not been performed, he may refuse payment, 356.

a banker cancelling acceptance or drawer's name by mistake, may
yet refuse to pay the bill or check, 356.

where drawee promised to pay bill, if holder would forego charge
for duplicate protest, and holder would not, the drawee not
bound, 356.

presentment of a check by one banker to another, who marks it as
good, such other must pay it at all events, 357.

7. Pleadings and Evidence respecting.

in action against acceptor of bill or maker of a note, when ad-
visable to aver presentment, 463. 459.

advisable to do so in one count, and to be prepared to prove it, as
another doctrine has prevailed in C. P. 513.

it must be proved if stated, 513, 14.

in an action against drawer or indorser of a bill, or indorser of a
note, presentment for payment to acceptor must be proved, 514.
but not necessary to prove presentment or demand on drawer,
514, 15.

PRESUMPTION,

what is and what not sufficient, to raise, of fraud in respect of bills,
&c. given by one only of many partners, 44.

subsequent approbation raises, of previous authority, 45.

compelling a party to take goods on the discount of a bill, affords pre-
sumption of usury, 113.

alterations and erasures on a bill or note affords of fraud, 136.

indorsement of a bill after it is due, when affords presumption of
fraud, 165. 167.

bankruptcy or insolvency of a party to a bill which has been guaran-
teed by a third person on dishonor of the hill, and notice received,
raises an, that part of the guarantee is not injured, 265.
promissory note, unaccounted for 20 years, is presumption of payment,
367.589.

in an action against the finder of Bank notes, if not produced on
trial, the presumption is that value has been received, 426.

PRINCIPAL. (See "Agent.")

how far bound by agent's acts, 31.

not bound by an act of an agent delegated by an agent, 35.
unless by express authority, 36.

if in one absence a person acts for a person, which acts he afterwards
approves, he is bound by such person's acts on a second occasion, 34.
the same where one person usually signs an instrument in another's
name, 34.

may call on an agent to pay a bill indorsed by him without a quali-
fication, 184.

authority to draw does not import authority to indorse, 500, 1.

PRISONER,

notes made for payment of weekly sums to a, under lord's act, must
be made according to the form there laid down, 429.

if one creditor insist on his detention, it must be for payment of a
sum not exceeding 3s. 6d. per week, 429.

of more than one, not exceeding 2s. per week each, 429.

must be paid on the Monday of every week so long as he shall con-
tinue in execution, 429.

the court no power to moderate the sum, 429.

by whom they must be signed, may be so by the creditor's attorney, 429.
if failure is made in payment, he may be discharged on application to
a judge in vacation, or to the court in term, 429.

but must execute an assignment and conveyance of his estate, 429.
further decision on this stat. collected in Tidd's Prac. 6th edit. 381 to
384-429.

insolvent debtor, when discharged from liability, 624.

PRIVILEGE. (See "Attorney.")

an attorney does not lose it as acceptor of a bill, 19.

PROBATE. (See "Executor.")

a person having obtained a probate of a forged will, and payment of a
bill made to him is valid, 358.

PROCURATION-(See "Agent.")

drawing, accepting, and indorsing by.—(See "Agent.")

when an act is done by, it ought to be stated on the instruments,
otherwise agent is liable personally, 36.

but this does not extend to a government agent, 37.

how to sign a bill drawn by, 116.

how to indorse a bill by, 172.