cceptance upon it. An
acceptance may, however, be by parol. The acceptor of a bill is the
principal debtor; the drawer, the surety. The acceptor is bound, though
he accepted without consideration, and for the sole accommodation of
the drawer. But payment must be demanded on the last day of grace; and,
if refused, notice of non-payment must be given to the drawer, as in the
case of an indorsed promissory note. (Chap. LX, Sec.15.)
Sec.5. No precise time is fixed by law at which bills payable at sight or a
certain number of days after sight, must be presented to the drawee for
acceptance; though an unreasonable delay might discharge the drawer. A
bill payable on a certain day after date, need not be presented before
the day of payment, but if presented before due, and acceptance is
refused, it is dishonored; and notice must be given immediately to the
drawer. If a bill has been accepted, payment must be demanded of the
acceptor, when the bill falls due; and if no place is appointed for
payment, the demand must be made at his house or residence, or upon him
personally.
Sec.6. A check upon a bank, (Chap. XXIV, Sec.3,) is another kind of negotiable
paper. It partakes more of the nature of a bill of exchange than of a
promissory note. It is not a direct promise to pay; but it is an
undertaking, by the drawer, that the drawee shall accept and pay; and
the drawer is answerable only when the drawee fails to pay. A check
payable to bearer passes by delivery; and the bearer may sue on it as on
an inland bill of exchange.
Sec.7. When a foreign bill of exchange is to be presented for acceptance or
payment, demand is usually made by a _notary public_; and in case of
refusal, his certificate of the presentment of the bill and of the
refusal, is legal proof of the fact in any court. This certificate is
called _protest_, which means, _for proof_. A protest may be noted on
the day of the demand; though it may be drawn up in form at a future
period. Notaries are appointed in all towns and cities of commercial
importance.
Sec.8. A protest of an inland bill of exchange is not generally deemed
necessary in this country; though it is the practice to have bills,
drawn in one state on persons in another, protested by a notary. No
protest is legal evidence in court, except in the case of a foreign
bill. Yet it is expedient, in many cases of inland bills, to employ
notaries when evidence is to be preserved, because they are easily found
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