10 LEGAL INSTRUCTOR. % 



The holder of a bill of exchange, on non-acceptance, 

 and protest and notice thereon, has an immediate right 

 of action against the drawer, and does not acquire fresh 

 right of action on the non-payment of the bill when due. 



The drawer and endorser are liable to an action by 

 the holder immediately after the bill is refused accep- 

 tance, and before it is payable, on giving due notice of 

 non-acceptance. And the liability is not discharged by 

 the holder's subsequently protesting the bill for non- 

 payment. 



Where a bill has been protested for non-acceptance, 

 and due notice is given to the endorser, it is no objection 

 that the demand of payment, and protest, &c., were a 

 day too late, as they are not essential where the liability 

 of the party is already fixed. 



If the drawer has no funds in the drawee's hands, the 

 payee may sue immediately after non-acceptance, with- 

 out giving notice, <kc. 



After presentment and non-acceptance of a bill of ex- 

 change, and due notice given, it is not necessary that it 

 should be presented for payment. 



Absence of the drawee from home, when called on 

 for acceptance, is not a refusal to accept. 



