Page:United States Statutes at Large Volume 76A.djvu/351

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-255§ 4475. Treatment of bill as promissory note Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note. § 4476. Referee in case of need The drawer of a bill and any indoi^er may insert thereon 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 nonacceptance or nonpayment. That 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 may see fit. Article B—Acceptance § 4481. Acceptance; definition; method of making^ The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It may not express that the drawee will perform his promise by any other means than the payment of money. § 4482. Holder entitled to acceptance on face of bill The holder of a bill presenting the same for acceptance may require that the acceptance be written on the bill and, if his demand is refused, may treat the bill as dishonored. § 4483. Acceptance by separate instrument Where an acceptance is written on a paper other than the bill itself, it does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value. § 4484. Promise to accept; equivalent to acceptance An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance m favor of every person, who upon the faith thereof, receives the bill for value. § 4485. Time allowed drawee to accept The drawee is allowed 24 hours after presentment in which to decide whether or not he will accept the bill; but the acceptance, if given, dates as of the day of presentation. § 4486. Liability of drawee retaining or destroying bill Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within 24 hours after the delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the liolder, lie will be deemed to have accepted the same. § 4487. Acceptance of incomplete bill A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by nonpayment. But when a bill payable after sight is dishonored by nonacceptance and the drawee subsequently accepts it, the holder in the absence of any different agreement, is entitlea to have the bill accepted as of the date of the presentment. § 4488. Kinds of acceptance An acceptance is either general or qualified. 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.