the-ordinances-of-the-legislative-counci-1890v4 — Page 51

1869 ORDINANCE No. 9 or 1885.


Bills of Exchange.


( 6. ) Where a bill is drawn upon , or accepted by two or more
persons who are not partners, and no place of payment
is specified, presentment must be made to them all .

( 7. ) Where the drawee or acceptor of a bill is dead, and no
place of payment is specified , presentment must be made
to a personal representative, if such there be, and with

the exercise of reasonable diligence he can be found .
( 8. ) Where authorised by agreement or usage a presentment
through the Post Office is sufficient.

Excuses for 46. ( 1. ) Delay, in making presentment for payment is excused
delay or non
presentment when the delay is caused by circumstances beyond the control of the
for payment.
holder , and not imputable to his default, misconduct, or negligence .
When the cause of delay ceases to operate , presentment must be made
with reasonable diligence.

(2. ) Presentment for payment is dispensed with

( a . ) Where, after the exercise of reasonable diligence present
ment, as required by this Ordinance, cannot be effected .

The fact that the holder has reason to believe that the bill will,
on presentment, be dishonoured , does not dispense with

the necessity for presentment.

(b. ) Where the drawee is a fictitious person.

(c.) As regards the drawer, where the drawee or acceptor is
not bound, as between himself and the drawer, to accept
or pay the bill , and the drawer has no reason to believe
that the bill would be paid if presented .

(d. ) As regards an indorser, where the bill was accepted or
made for the accommodation of that indorser, and he

has no reason to expect that the bill would be paid if
presented.

( e. ) By waiver of presentment , express or implied .

Dishonour by 47. ( 1. ) A bill is dishonoured by non - payment ( a ) when it is duly
non-payment.
presented for payment and payment is refused or cannot be obtained, or

(b) when presentment is excused and the bill is overdue and unpaid.
(2. ) Subject to the provisions of this Ordinance, when a bill is

dishonoured by non - payınent, an immediate right of recourse against the
drawer and indorsers accrues to the holder.