the-ordinances-of-the-legislative-counci-1890v4 — Page 65

HK Historical Laws 香港歷史法例 All

1882 ORDINANCE No. 9 OF 1885 .


Bills of Exchange.


( 5. ) Where a bill is drawn in one country and is payable in another,
the due date thereof is determined according to the law of the place
where it is payable .




PART III.

CHEQUES ON A BANKER .

Cheque defi 73. A cheque is a bill of exchange drawn on a banker payable on
ned. demand.


Except as otherwise provided in this part, the provisions of this
Ordinance applicable to a bill of exchange payable on demand apply to a
cheque.

Presentment 74. Subject to the provisions of this Ordinance
of cheque for
payment.
( 1. ) Where a cheque is not presented for payment within a
reasonable time of its issue, and the drawer or the person

on whose account it is drawn had the right at the time
of such presentment as between him and the banker to

have the cheque paid and suffers actual damage through
the delay, he is discharged to the extent of such damage,
that is to say , to the extent to which such drawer or
person is a creditor of such banker to a larger amount
than he would have been had such cheque been paid.

( 2. ) In determining what is a reasonable time regard shall be
had to the nature of the instrument, the usage of trade
and of bankers, and the facts of the particular case.

(3. ) The holder of such cheque as to which such drawer or
person is discharged shall be a creditor, in lieu of such
drawer or person , of such banker to the extent of such

discharge and entitled to recover the amount from him.

Revocation of 75. The duty and authority of a banker to pay a cheque drawn on
banker's au
thority. him by his customer are determined by

( 1. ) Countermand of payment :

(2. ) Notice of the customer's death .

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