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holder may insert therein the true date of issue or acceptance, and the bill shall be payable accordingly;


Provided that (a) where the holder in good faith and by Asto wrong mistake inserts a wrong date, and (b) in every case where a wrong date is inserted, if the bill subsequently comes into the hands of a holder in due course, the bill shall not be voided thereby, but shall operate and be payable as if the date so inserted had been the true date.

facie evi

13. Where a bill or an acceptance, or any indorsement Date prima on a bill, is dated, the date shall, unless the contrary is dence. proved, be deemed to be the true date of the drawing, acceptance, or indorsement, as the case may be :

datings not

2. A bill is not invalid by reason only that it is antedated Certain or postdated, or that it bears date on a Sunday or other to invalinon-juridical day.


14. Where a bill is not payable on demand, the day on Compuwhich it falls due is determined as follows:

tation of time of payment.


(a) Three days, called days of grace, are, in every case Days of where the bill itself does not otherwise provide, added to the time of payment as fixed by the bill, and the bill is due and payable on the last day of grace: Provided that—

idical days.

(1.) Whenever the last day of grace falls on a legal holi- Non-jurday or non-juridical day in the Province where any such bill is payable, then the day next following, not being a legal holiday or non-juridical day in such Province, shall be the last day of grace :

be such.

2. In all matters relating to bills of exchange the follow- What shall ing and no other shall be observed as legal holidays or nonjuridical days, that is to say:

In all Provinces except Quebec.

In Quebec.

In every

(a) In all the Provinces of Canada, except the Province of



New Year's Day;

Good Friday;
Easter Monday;

Christmas Day;

The birthday (or the day fixed by proclamation for the celebration of the birthday) of the reigning Sovereign; and if such birthday is a Sunday, then the following day;

The first day of July (Dominion Day), and if that day is a Sunday, then the second day of July as the same holiday; Any day appointed by proclamation for a public holiday, or for a general fast, or a general thanksgiving throughout Canada; and the day next following New Year's Day and Christmas Day, when those days respectively fall on Sunday;

(b) And in the Province of Quebec the said days, and also

The Epiphany;

The Annunciation;

The Ascension;

Corpus Christi;

St. Peter and St. Paul's Day;

All Saints' Day;

Conception Day;

(c) And also, in any one of the Provinces of Canada, any day appointed by proclamation of the Lieutenant-Governor of such Province for a public holiday, or for a fast or thanksgiving within the same, or being a non-juridical day by virtue of a statute of such Province:


begins to


3. Where a bill is payable at sight, or at a fixed period Days to be after date, after sight, or after the happening of a specified when time event, the time of payment is determined by excluding the day from which the time is to begin to run and by including the day of payment:

begins to

4. Where a bill is payable at sight or a fixed period after when time sight, the time begins to run from the date of the acceptance run. if the bill is accepted, and from the date of noting or protest if the bill is noted or protested for non-acceptance, or for non-delivery:

5. The term "Month" in a bill means the calendar "Months. month;

of time.

6. Every bill which is made payable at a month or Reckoning months after date becomes due on the same numbered day of the month in which it is made payable as the day on which it is dated-unless there is no such day in the month in which it is made payable, in which case it becomes due on the last day of that month-with the addition, in all cases, of the days of grace.


15. The drawer of a bill and any indorser may insert Case of therein the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by non-acceptance or non-payment. Such person is called the referee in case of need. It is in the option of the holder to resort to the referee in case of need or not, as he thinks fit.

16. The drawer of a bill, and any indorser, may insert Optional therein an express stipulation

(a) Negativing or limiting his own liability to the holder;

(b) Waiving, as regards himself, some or all of the holder's duties.

stipulations by drawer or indorser.


of acceptance.

Requisites of accept


Time for acceptance.

Date, in case of ac

17. The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer :

2. An acceptance is invalid, unless it complies with the following conditions, namely :—

(a) It must be written on the bill and be signed by the drawee. The mere signature of the drawee without additional words is sufficient;

(b) It must not express that the drawee will perform his promise by any other means than the payment of money;

3. Where in a bill the drawee is wrongly designated or his name is misspelt, he may accept the bill as therein described, adding, if he thinks fit, his proper signature, or he may accept by his proper signature.

18. A bill may be accepted

(a) Before it has been signed by the drawer, or while otherwise incomplete ;

(b) When it is overdue, or after it has been dishonored by a previous refusal to accept,, or by non-payment: at sight i 2. When a bill payable after sight is dishonored by nonceptance acceptance, and the drawee subsequently accepts it, the holder, in the absence of any different agreement, is entitled to have the bill accepted as of the date of first presentment to the drawee for acceptance.

after dishonor.


and quali


19. An acceptance is either (a) general, or (b) qualified: fied accept a general acceptance assents without qualification to the order of the drawer; a qualified acceptance in express terms varies the effect of the bill as drawn:

Qualified accept


2. In particular, an acceptance is qualified which is(a) Conditional, that is to say, which makes payment by the acceptor dependent on the fulfilment of a condition

therein stated; but an acceptance to pay at a particular specified place is not conditional or qualified.

(b) Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn ;

(c) Qualified as to time;

(d) The acceptance of some one or more of the drawees, but not of all.


20. Where a simple signature on a blank paper is de- Inchoate livered by the signer in order that it may be converted into ments. a bill, it operates as a prima facie authority to fill it up as a complete bill for any amount, using the signature for that of the drawer, or the acceptor, or an indorser; and, in like manner, when a bill is wanting in any material particular, the person in possession of it has a prima facie authority to fill up the omission in any way he thinks fit:

filled up.

2. In order that any such instrument when completed when to be may be enforceable against any person who became a party thereto prior to its completion, it must be filled up within a reasonable time, and strictly in accordance with the authority given; reasonable time for this purpose is a question of fact:


Provided, that if any such instrument, after completion, As to subis negotiated to a holder in due course, it shall be valid and holder. effectual for all purposes in his hands, and he may enforce it as if it had been filled up within a reasonable time and strictly in accordance with the authority given.

not com


21. Every contract on a bill, whether it is the drawer's, Contract the acceptor's or an indorser's, is incomplete and re- plete until vocable, until delivery of the instrument in order to give effect thereto :

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