the-ordinances-of-the-legislative-counci-1890v4 — Page 55

1872 ORDINANCE No. 9 of 1885 .


Bills of Exchange.


(d. ) As regards the indorser in the following cases , namely,
(1 ) where the drawee is a fictitious person or a person
not having capacity to contract and the indorser was

aware of the fact at the time he indorsed the bill , ( 2)
where the indorser is the person to whom the bill is
presented for payment, ( 3 ) where the bill was accepted
or made for his accommodation .

Noting or 51. ( 1. ) Where an inland bill has been dishonoured it may, if the
protest ofbill,
holder think fit, be noted for non -acceptance or non -payment, as the case

may be ; but it shall not be necessary to note or protest any such bill in
order to preserve the recourse against the drawer or indorser .

(2. ) Where a foreign bill, appearing on the face of it to be such, has
been dishonoured by non-acceptance it must be duly protested for non
acceptance, and where such a bill, which has not been previously dis
honoured by non-acceptance, is dishonoured by non-payment it must be
duly protested for non-payment. If it be not so protested the drawer
and indorsers are discharged . Where a bill does not appear on the face
of it to be a foreign bill , protest thereof in case of dishonour is unnecessary.

3. ) A bill which has been protested for non - acceptance may be
subsequently protested for non -payment.

(4. ) Subject to the provisions of this Ordinance, when a bill is noted
or protested , it must be noted on the day of its dishonour. When a bill
has been duly noted , the protest may be subsequently extended as of the
date of the noting.


(5. ) Where the acceptor of a bill becomes bankrupt or insolvent or
suspends payment before it matures , the holder may cause the bill to be
protested for better security against the drawer and indorsers.

(6. ) A bill must be protested at the place where it is dishonoured :
Provided that

(a. ) When a bill is presented through the Post Office , and
returned by post dishonoured , it may be protested at

the place to which it is returned and on the day of its
return if received during business hours, and if not
received during business hours, then not later than the
next business day :