1901_BILLS_OF_EXCHANGE_ORDINANCE__1885 — Page 11

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Negotiation

of overdue or dishonoured bill.

Negotiation of bill to

No. 3.] THE ORDINANCES OF HONGKONG; |A.D. 1885.

subsequent indorsees take the bill with the same rights and subject to the same liabilities as the first indorsee under the restrictive indorsement.

36.-(1) Where a bill is negotiable in its origin, it continues to be negotiable until it has been-

(a.) restrictively indorsed; or

(b.) discharged by payment or otherwise.

(2.) Where an overdue bill is negotiated, it can only be negotiated subject to any defect of title affecting it at its maturity, and thenceforward no person who takes it can acquire or give a better title than that which the person from whom he took it had.

(3.) A bill payable on demand is deemed to be overdue, within the meaning and for the purposes of this section, when it appears on the face of it to have been in circulation for an unreasonable length of time. What is an unreasonable length of time for this purpose is a question of fact.

(4.) Except where an indorsement bears date after the maturity of the bill, every negotiation is prima facie deemed to have been effected before the bill was overdue.

(5.) Where a bill which is not overdue has been dishonoured, any person who takes it with notice of the dishonour takes it subject to any defect of title attaching thereto at the time of dishonour, but nothing in this sub-section shall affect the rights of a holder in due course.

37. Where a bill is negotiated back to the drawer, or to a prior indorser, or to the acceptor, such party may, subject to the provisions of this Ordinance, re-issue and further negotiate the bill, but he is not entitled to enforce payment of the bill against any intervening party to whom he was previously liable.

Rights and

powers of holder.

When presentment for

38. The rights and powers of the holder of a bill are as follows:

(1.) he may sue on the bill in his own name;

(2.) where he is a holder in due course, he holds the bill free from any defect of title of prior parties, as well as from mere personal defences available to prior parties among themselves, and may enforce payment against all parties liable on the bill;

(3.) where his title is defective,---

(a.) if he negotiates the bill to a holder in due course, that holder obtains a good and complete title to the bill; and,

(b.) if he obtains payment of the bill, the person who pays him in due course gets a valid discharge for the bill.

General Duties of the Holder.

39.-(1.) Where a bill is payable after sight, presentment for acceptance is necessary in order to fix the maturity of the instrument.

A.D. 1885

(2.) Where acceptance is refused, the holder's rights are...

(3.) In order to render...

(4.) When the place of business... exercise of presenting by present excused, as...

40. (1) Where a bill is payable after sight, presentment for acceptance is necessary.

(2.) If the holder is...

(3.) In this section...

trade with...

41. (1) Presentment for acceptance must be made in accordance with the following rules:

(a.) the presentment must be made to the drawee or his authorised agent;

(b.) where there are multiple drawees, presentment must be made to all of them, unless one has authority to accept for all;

(c.) presentment must be made at a reasonable hour on a business day;

(d.) where the drawee is dead, presentment must be made to his personal representative, if known;

(e.) where the drawee is bankrupt or insolvent, presentment may be made to him or his trustee.

(2.) Presentment for acceptance may be treated as...