(a) At the place of payment specified in the bill; or
(b) Where no such place is specified or, where such place is specified but
the person against whom the protest is to be made cannot there be
found at the dwelling place or place of business of the drawer,
accepter for honour or other person charged with the duty of payment.
5.
(3)
If the person against whom the protest is to be made is not found at his dwelling
place or place of business the protest clerk shall take appropriate measures to find
him.
(4)
(a) The protest clerk shall present the bill to the person against whom the protest
is to be made within twenty-four hours against of the delivery of the bill to the
Court, exclusive of any non-business day or part of a non-business day.
(b)
Where the presentment for protest is required to be made at a place outside
the town in which the Court is situated the judge shall allow such further time as
is necessary for the journey to such place and may appoint some person other than
the protest clerk to present and protest the bill. Where such other person is so
appointed his appointment shall be recorded in the instrument of protest under the
hand of the judge and seal of the Court.
(c)
The presentment for protest shall be made at a reasonable time on a
business day.
Protest shall be made only in consequence of refusal to accept or pay by the
person to whom the presentment is made.
(1)
(2)
If such person consents to accept or tenders payment but refuses to pay the protest
fees, the bill shall be protested only after reference to the holder and on the
holder’s directions, and if the protest is made the offer to accept or the tender of
payment shall be noted by the protest clerk in the instrument of protest.
6.
The instrument of protest shall contain a literal transcript of the bill, of the acceptance, of
the endorsement and of the directions, if any, thereon and summons to accept or pay. It
shall set forth the presence or the absence of the party to whom the bill was presented, the
grounds of refusal to accept or pay, the inability or refusal to sign and the declaration of
protest by the protest clerk.
7.
The instrument of protest shall be made in duplicate; one copy shall be handed to the
holder, and the other filed in the Court.
8.
Where the person against whom protest is to be made cannot be found, and neither his
dwelling place nor place of business is known, the bill shall be treated as dishonoured and
a copy of the instrument of protest shall be posted on the Court notice-board for thirty
consecutive days.
9.
The provisions of this Order shall apply so far as possible to the protest of promissory
notes for non-payment
78
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