Bills of Exchange Act (R.S.C., 1985, c. B-4)

Act current to 2017-06-19 and last amended on 2007-04-20. Previous Versions

SCHEDULE(Section 124)

FORM 1Noting for Non-acceptance

(Copy of Bill and Endorsements)

On the day of 19, the above bill was, by me, at the request of presented for acceptance to E.F., the drawee, personally (or, at his residence, office or usual place of business), in the city (town or village) of and I received for answer: “”. The said bill is therefore noted for non-acceptance.

A.B.,

Notary Public

(Date and place)

Due notice of the above was by me served on (A.B. or C.D.), the (drawer or endorser), personally, on the day of , 19 (or, at his residence, office or usual place of business) in , on the day of , 19 (or, by depositing such notice, directed to him at . in Her Majesty’s post office in the city, (town or village) of , on the day of , 19, and prepaying the postage thereon).

A.B.,

Notary Public

(Date and place)

FORM 2Protest for Non-acceptance or for Non-payment of a Bill Payable Generally

(Copy of Bill and Endorsements)

On this . day of , in the year , I, A.B., notary public for the Province of , dwelling at , in the Province of , at the request of , did exhibit the original bill of exchange, whereof a true copy is above written, unto E.F., the (drawee or acceptor) thereof personally (or, at E.F.’s residence, office or usual place of business) in , and, speaking to E.F. (or), did demand (acceptance or payment) thereof; unto which demand (he or she) answered: “”.

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, drawer and endorsers (or drawer and endorsers) of the said bill, and other parties thereto or therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of (acceptance or payment) of the said bill.

All of which I attest by my signature.

A.B.,

Notary Public

FORM 3Protest for Non-acceptance or for Non-payment of a Bill Payable at a Stated Place

(Copy of Bill and Endorsements)

On this day of in the year 19, I, A.B., notary public for the Province of , dwelling at , in the Province of , at the request of , did exhibit the original bill of exchange whereof a true copy is above written, unto E.F., the (drawee or acceptor) thereof, at , being the stated place where the said bill is payable, and there speaking to did demand (acceptance or payment) of the said bill; unto which demand he answered: “”.

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, drawer and endorsers (or drawer and endorsers) of the said bill and all other parties thereto or therein concerned, for all exchange, re-exchange, costs, damages and interest, present and to come for want of (acceptance or payment) of the said bill.

All of which I attest by my signature.

A.B.,

Notary Public

FORM 4Protest for Non-payment of a Bill Noted, but Not Protested for Non-acceptance

If the protest is made by the same notary who noted the bill, it should immediately follow the act of noting and memorandum of service thereof, and begin with the words “and afterwards on, etc.,” continuing as in the last preceding Form, but introducing between the words “did” and “exhibit” the word “again,” and in a parenthesis, between the words “written” and “unto,” the words: “and which bill was by me duly noted for non-acceptance on the day of , 19”.

But if the protest is not made by the same notary, then it should follow a copy of the original bill and endorsements and noting marked on the bill — and then in the protest introduce, in a parenthesis, between the words “written” and “unto,” the words: “and which bill was on the day of , 19, by , notary public for the Province of noted for non-acceptance, as appears by his note thereof marked on the said bill”.

FORM 5Protest for Non-payment of a Note Payable Generally

(Copy of Note and Endorsements)

On this day of , in the year , I, A.B., notary public for the Province of , dwelling at , in the Province of , at the request of , did exhibit the original promissory note, whereof a true copy is above written, unto the promisor, personally (or, at the promisor’s residence, office or usual place of business), in , and speaking to the promisor (or), did demand payment thereof; unto which demand (he or she) answered: “”.

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the promisor and endorsers of the said note, and all other parties thereto or therein concerned, for all costs, damages and interest, present and to come, for want of payment of the said note.

All of which I attest by my signature.

A.B.,

Notary Public

FORM 6Protest for Non-payment of a Note Payable at a Stated Place

(Copy of Note and Endorsements)

On this day of , in the year 19, I, A.B., notary public for the Province of , dwelling at , in the Province of , at the request of , did exhibit the original promissory note, whereof a true copy is above written, unto the promisor, at , being the stated place where the said note is payable, and there, speaking to did demand payment of the said note, unto which demand he answered: “”.

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the promisor and endorsers of the said note, and all other parties thereto or therein concerned, for all costs, damages and interest, present and to come, for want of payment of the said note.

All of which I attest by my signature.

A.B.,

Notary Public

FORM 7Notarial Notice of a Noting, or of a Protest for Non-acceptance, or of a Protest for Non-payment of a Bill

(Place and Date of Noting or of Protest)

1st.

To P.Q. (the drawer)

at

Sir,

Your bill of exchange for $, dated at . the day of , 19, on E.F., in favour of C.D., payable days after (sight or date) was this day, at the request of duly (noted or protested) by me for (non-acceptance or non-payment).

A.B.,

Notary Public

(Place and Date of Noting or of Protest)

2nd.

To C.D., (endorser)

(or F.G.)

at

Sir,

Mr. P.Q.’s bill of exchange for $, dated at the day of , 19, on E.F., in your favour (or in favour of C.D.), payable days after (sight or date), and by you endorsed, was this day at the request of duly (noted or protested) by me for (non-acceptance or non-payment).

A.B.,

Notary Public

FORM 8Notarial Notice of Protest for Non-payment of a Note

(Place and Date of Protest)

To ,

at

Sir,

Mr. P.Q.’s promissory note for $, dated at , the day of , 19, payable (days or months) after date (or on ) to (you or E.F.) or order, and endorsed by you, was this day, at the request of , duly protested by me for non-payment.

A.B.,

Notary Public

FORM 9Notarial Service of Notice of a Protest for Non-acceptance or Non-payment of a Bill, or Note

(to be subjoined to the Protest)

And afterwards, I, the aforesaid protesting notary public, did serve due notice, in the form prescribed by law, of the foregoing protest for (non-acceptance or non-payment) of the (bill or note) thereby protested on (P.Q. or C.D.), the (drawer or endorser) personally, on the day of , 19, (or, at his residence, office or usual place of business) in , on the day of , 19; (or, by depositing such notice, directed to the said (P.Q. or C.D.), at , in Her Majesty’s post office in on the day of , 19, and prepaying the postage thereon).

In testimony whereof, I have, on the last mentioned day and year, at aforesaid, signed these presents.

A.B.,

Notary Public

FORM 10Protest by a Justice of the Peace (Where There Is No Notary) for Non-acceptance of a Bill, or Non-payment of a Bill or Note

(Copy of Bill or Note and Endorsements)

On this day of , in the year , I, N.O., one of Her Majesty’s justices of the peace for the District (or County, etc.), of , in the Province of , dwelling at (or near) the village of , in the said District, there being no practising notary public at or near the said village (or any other legal cause), did, at the request of and in the presence of well known unto me, exhibit the original (bill or note) whereof a true copy is above written unto P.Q., the (drawer, acceptor or promisor) thereof, personally (or at P.Q.’s residence, office or usual place of business) in and speaking to P.Q. (or), did demand (payment or acceptance) thereof, unto which demand (he or she) answered: “”.

Wherefore I, the said justice of the peace, at the request aforesaid, have protested, and by these presents do protest against the (drawer and endorsers, promisor and endorsers or acceptor, drawer and endorsers) of the said (bill or note) and all other parties thereto and therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of (payment or acceptance) of the said (bill or note).

All of which is by these presents attested by the signature of the said (the witness) and by my hand and seal.

(Signature of the witness)

(Signature and seal of the J.P.)

  • R.S., 1985, c. B-4, Sch.;
  • 2000, c. 12, ss. 22 to 24.
 
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