426
A
THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1885,
When noting equivalent to protest.
Protest when notary not accessible.
Dividend warrants may be crossed.
Repeal
Savings.
Ordinances not affected,
Construction with other Ordinance.
93. For the purposes of this Ordinance, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.
94. Where a dishonoured bill or note is authorised or required to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.
The form given in the Schedule to this Ordinance may be used with necessary modifications, and if used shall be sufficient.
95. The provisions of this Ordinance as to crossed cheques shall apply to a warrant for payment of dividend.
96. Sec. 7 of Ordinance 13 of 1864 is hereby repealed. Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Ordinance, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.
97. (1.) The rules in bankruptcy relating to bills of exchange, promissory notes, and cheques, shall continue to apply thereto notwithstanding anything in this Ordinance contained.
(2.) The rules of common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, shall continue to apply to bills of exchange, promissory notes, and cheques.
(3.) Nothing in this Ordinance or in any repeal effected thereby shall affect-
(a.) The provisions of the Stamp Ordinances, 1884, 1885, or Ordinances amending the same or any law or enactment for the time being in force relating to the revenue:
(b.) The provisions of the Companies' Ordinance, 1865, or Ordinances amending it or any Ordinance relating to joint stock banks or companies:
(c.) The validity of any usage relating to dividend warrants, or the indorsements thereof.
98. Where any Ordinance or document refers to any enactment repealed by this Ordinance, the Ordinance or document shall be construed, and shall operate, as if it referred to the corresponding provisions of this Ordinance.
ARATHOON SETH, Clerk of Councils,
SCHEDULE.
Form of protest which may be used when the services of a notary cannot be obtained.
Know all men that I, A.B.
of
at the request of C.D., there being no notary public available, did on the day of
188 at
demand payment [or acceptance] of the bill of exchange hereunder written, from E.F., to which demand he made answer [state answer, if any] wherefore I now, in the presence of G.H. and J.K. do protest the said bill of exchange.
(Signed)
A.B.
G.H. J.K.
Witnesses.
N. B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.
426
A
THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1885,
When noting equivalent to protest.
Protest when notary not accessible.
Dividend warrants may be crossed.
Repeal
Savings.
Ordinances not affected,
Construction with other Ordinance.
93. For the purposes of this Ordinance, where a bill or note is required to be protested within a specified time or before some further procceding is taken, it is sufficient that the bill has been noted for protest before the expiration of the spe- cified time or the taking of the procceding; and the formal protest may be extended at any time thereafter as of the date of the noting.
94. Where a dishonoured bill or note is authorised or required to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.
The form given in the Schedule to this Ordinance may be used with necessary modifications, and if used shall be sufficient.
95. The provisions of this Ordinance as to crossed cheques shall apply to a warrant for payment of dividend. 96. Sec. 7 of Ordinance 13 of 1864 is hereby repealed. Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Ordinance, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.
97. (1.) The rules in bankruptcy relating to bills of ex- change, promissory notes, and cheques, shall continue to apply thereto notwithstanding anything in this Ordinance contained.
(2.) The rules of common law including the law merchant, save in so far as they are inconsistent with the express pro- visions of this Ordinance, shall continue to apply to bills of exchange, promissory notes, and cheques.
(3.) Nothing in this Ordinance or in any repoal effected thereby shall affect-
(a.) The provisions of the Stamp Ordinances, 1884, 1885, or Ordinances amending the same or any law or enactment for the time being in force relating to the revenue:
(b.) The provisions of the Companies' Ordinance, 1865, or Ordinances amending it or any Ordinance relating to joint stock banks or companies: (c.) The validity of any usage relating to dividend
warrants, or the indorsements thereof.
98. Where any Ordinance or document refers to any enactment repealed by this Ordinance, the Ordinance or document shall be construed, and shall operate, as if it referred to the corresponding provisions of this Ordinance.
ARATHOON SETH, Clerk of Councils,
SCHEDULE.
Form of protest which may be used when the services of a notary
cannot be obtained.
Know all men that I, A.B.
of
at the request of C.D., there being no notary public available, did on the day of
188 at
demand payment [or acceptance] of the bill of exchange hereunder written, from E.F, to which demand he made answer [state answer, if any] wherefore I now, in the presence of G.II. and J.K. do protest the said bill of exchange.
(Signed)
A.B.
G.II. J.K. J
Witnesses.
N. B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten,
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