488
No. 3.]
Liability of maker.
Application of Part I to notes.
Good faith.
Signature,
THE ORDINANCES OF HONGKONG: [A.D. 1885.
(2.) Presentment for payment is necessary in order to render the indorser of a note liable.
(3.) Where a note is in the body of it made payable at a particular place, presentment at that place is necessary in order to render an indorser liable; but when a place of payment is indicated by way of memorandum only, presentment at that place is sufficient to render the indorser liable, but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice.
88. The maker of a promissory note, by making it,--
(1.) engages that he will pay it according to its tenor;
(2.) is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse.
89.(1.) Subject to the provisions in this Part and except as by this section provided, the provisions of this Ordinance relating to bills of exchange apply, with the necessary modifications, to promissory notes.
(2.) In applying those provisions, the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first indorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer's order.
(3.) The following provisions as to bills do not apply to notes, namely, provisions relating to--
(a.) presentment for acceptance;
(b.) acceptance;
(c.) acceptance supra protest;
(d.) bills in a set.
(4.) Where a foreign note is dishonoured, protest thereof is unnecessary.
PART IV.
SUPPLEMENTARY PROVISIONS.
90. A thing is deemed to be done in good faith, within the meaning of this Ordinance, where it is in fact done honestly, whether it is done negligently or not.
91. (1) Where by this Ordinance any instrument or writing is required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority.
(2.) In the case of a corporation, where by this Ordinance any instrument or writing is required to be signed, it is sufficient if the instrument or writing is sealed with the corporate seal.
(3.) But nothing in this section shall be construed as requiring the bill or note of a corporation, to be under seal.
A.D. 1885
92.-(1.) Not or thing are excluded (2.) · N. Sundays and these terms
93. For required to l proceeding before the ing; and th of the date
94.--(1. to be protested place where sident of th
ficate, sign ficate shall bill.
(2.) The necessiPY I
95. The apply to a y
96. (1.) missory not
ing anything (2.) The so far as th nance, shall cheques,
(3.) Notl ()th Fore
ing
(b) the
dim:
ban
(c.) the
inde
488
No. 3.]
Liability of maker.
Application
of Part I to
notes.
Good faith.
Signature,
THE ORDINANCES OF HONGKONG: [A.D. 1885.
(2.) Presentment for payment is necessary in order to render the in- dorser of a note liable.
(3.) Where a note is in the body of it made payable at a particular place, presentment at that place is necessary in order to render an in- dorser liable; but when a place of payment is indicated by way of memorandum only, presentment ar that place is sufficient to render the indoser fiable, but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice.
88. The maker of a promissory note, by making it,-- (1.) engages that he will pay it according to its tenor;
(2.) is precluded from denying to a holder in due course the existence
of the payee and his then capacity to indorse. 89.(1.) Subject to the provisions in this Part and except as by this section provided, the provisions of this Ordinance relating to bills of ex- change apply, with the necessary modifications, to promissory notes.
(2.) In applying those provisions, the maker of a note shall be deem ed to correspond with the acceptor of a bill, and the first indorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer's order.
(3.) The following provisions as to bills do not apply to notes, name- ly, provisions relating to--
(a.) presentment for acceptance ;
(4.) acceptance:
(c.) acceptance suprù protest;
(7.) bills in a set.
(4.) Where a foreign note is dishonoured, protest thereof is unneces-
sary,
PART IV.
SUPPLEMENTARY PROVISIONS,
90. A thing is deemed to be done in good faith, within the meaning of this Ordinance, where it is in fact dotie honestly, whether it is done negligently or not,
91. (1) Where by this Ordinance any instrument or writing is required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority.
(2.) In the case of a corporation, where by this Ordinance any in- strument or writing is required to be signed, it is sufficient if the in- strument or writing is sealed with the corporate seal.
(3.) But nothing in this section shall be construed as requiring the bill or note of a corporation, to be under seal,
A.D. 188
92.-(1. net or thing are exclude (2.) · N. Sundays an these terms
93. For quired to l proceeding before the ing; and th of the date
94.--(1.
to be protes place where sident of th
ficate, sign ficate shall bill.
(2.) The
necessiPY I
95. The apply to a y
96. (1.)
missory not
ing anythin (2.) The so far as th nance, shall cheques,
(3.) Notl ()th Fore
ing
(b) the
dim:
ban
(c.) the
inde
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