117. Rules as to compensation.—The compensation payable in case of dishonour of a promissory
note, bill of exchange or cheque, by any party liable to the holder or any indorsee, shall 5
*** be
determined by the following rules:—
(a) the holder is entitled to the amount due upon the instrument together with the expenses
properly incurred in presenting, noting and protesting it;
1. The second sentence rep. by Act 2 of 1885, s. 7.
2. Subs. by s. 8, ibid., for “in the presence of a notary public, subscribe the bill with his own hand, and”.
3. The words “and such declaration must be recorded by the notary in his register” rep. by s. 8, ibid.
4. Ins. by Act 2 of 1885, s. 9.
5. The brackets, words and figures “(except in cases provided for by the Code of Civil Procedure, s. 532)” omitted by Act 30 of 1926 , s. 3.
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(b) when the person charged resides at a place different from that at which the instrument was
payable, the holder is entitled to receive such sum at the current rate of exchange between the two
places;
(c) an indorser who, being liable, has paid the amount due on the same is entitled to the amount
so paid with interest at 1
[eighteen per centum] per annum from the date of payment until tender or
realization thereof, together with all expenses caused by the dishonour and payment;
(d) when the person charged and such indorser reside at different places, the indorser is entitled to
receive such sum at the current rate of exchange between the two places;
(e) the party entitled to compensation may draw a bill upon the party liable to compensate him,
payable at sight or on demand, for the amount due to him, together with all expenses properly
incurred by him. Such bill must be accompanied by the instrument dishonoured and the protest
thereof (if any). If such bill is dishonoured, the party dishonouring the same is liable to make
compensation thereof in the same manner as in the case of the original bill.