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31. Where a bill purports to be endorsed conditionally, the condition may be disregarded by the payer, and payment to the endorsee is valid whether the condition has been fulfilled or not.
32. (1) An endorsement in blank specifies no endorsee and a bill so endorsed becomes payable to bearer.
(2) A special endorsement specifies the person to whom or to whose order the bill is to be payable.
(3) The provisions of this Proclamation relating to a payee apply with the necessary modifications to an endorsee under a special endorsement.
(4) When a bill has been endorsed in blank, any holder may convert the blank endorsement into a special endorsement by writing above the endorser's signature a direction to pay the bill to or to the order of himself or some other person.
33. (1) An endorsement is restrictive which prohibits the further negotiation of the bill, or which expresses that it is a mere authority to deal with the bill as thereby directed and not a transfer of the ownership thereof, as for example, if a bill be endorsed "Pay D. only," or 'Pay D. for the account of X." or or order for collection."
(2) A restrictive endorsement gives the endorsee the right to receive payment of the bill and to sue any party thereto that his endorser could have sued, but gives him no power to transfer his rights as endorsee unless it expressly authorise him to do so.
(3) Where a restrictive endorsement authorises further transfer, all subsequent endorsees take the bill with the same rights and subject to the same liabilities as the first endorsee under the restrictive endorsement.
34. (1) Where a bill is negotiable in its origin, it continues to be negotiable until it has been
(a) restrictively endorsed; 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 endorsement 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.
35. Where a bill is negotiated back to the drawer, or to a prior endorser, or to the acceptor, such party may, subject to the provisions of this Proclamation, 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.
36. The rights and powers of the holder of the 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 the 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.
37. (1) Where a bill is payable after sight, presentment for acceptance is necessary in order to fix the maturity of the instru
(2) Where a bill expressly stipulates that it shall be presented for acceptance, or where a bill is drawn payable elsewhere than at the residence or place of business of the drawee, it must be presented for acceptance before it can be presented for payment.
(3) In no other case is necessary in order to render liable any party to the bill.
presentment for acceptance
(4) Where the holder of a bill drawn payable elsewhere than at the place of business or residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawer and endorsers.
38. (1) Subject to the provisions of this Proclamation, when a bill payable after sight is negotiated, the holder must either present it for acceptance or negotiate it within a reasonable time.
(2) If he do not do so the drawer and all endorsers prior to that holder are discharged.
(3) In determining what is a reasonable time within the meaning of this section, regard shall be had to the nature of the bill, the usage of trade with respect to similar bills and the facts of the particular case.
39. (1) A bill is duly presented for acceptance which is presented in accordance with the following rules:
(a) The presentment must be made by or on behalf of the holder to the drawee, or to some person authorised to accept or refuse acceptance on his behalf, at a reasonable hour on a business day, and before the bill is overdue.
(b) Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all unless one has authority to accept for all, then presentment may be made to him only.
(c) Where the drawee is dead presentment may be made to his executor.
(d) Where the drawee is insolvent or has assigned his estate, presentment may be made to him or his trustee or assignee.
(e) A presentment through the post office, if in due course, is sufficient.
(2) Presentment in accordance with these rules is excused, and a bill may be treated as dishonoured by non-acceptance
(a) where the drawee is dead, or insolvent, or is a fictitious person, or a person not having capacity to contract by bill;
(b) where, after the exercise of reasonable diligence, such presentment cannot be effected;
(c) where, although the presentment has been irregular, acceptance has been refused on some other ground.
(3) The fact that the holder has reason to believe that the bill on presentment will be dishonoured does not excuse presentment.
40. When a bill is duly presented for acceptance and it is not accepted within the customary time, the person presenting it must treat it as dishonoured by non-acceptance. If he do not, the holder shall lose his right of recourse against the drawer and endorsers.
41. (1) A bill is dishonoured by non-acceptance
(a) when it is duly presented for acceptance, and such an acceptance as is prescribed by this Proclamation is refused or cannot be obtained; or
(b) when presentment for acceptance is excused and the bill is not accepted.
(2) Subject to the provisions of this Proclamation, when a bill is dishonoured by non-acceptance, an immediate right of recourse against the drawer and endorsers accrues to the holder, and no presentment for payment is necessary.
42. (1) The holder of a bill may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance may treat the bill as dishonoured by non-acceptance.
(2) Where a qualified acceptance is taken and the drawer or an endorser has not expressly or impliedly authorised the holder to take a qualified acceptance, or does not subsequently assent thereto, such drawer or endorser is discharged from his liability on the bill.
The provisions of this sub-section do not apply to a partial acceptance whereof due notice has been given. Where a bill has been accepted as to part, it must be protested as to the balance.
(3) When a drawer or endorser of a bill receives notice of a qualified acceptance, and does not within a reasonable time express his dissent to the holder, he shall be deemed to have assented thereto.
43. Subject to the provisions of this Proclamation, a bill must be duly presented for payment. If it be not so presented, the drawer and endorsers shall be discharged. A bill is duly presented for payment which is presented in accordance with the following rules :
(1) Where the bill is not payable on demand, presentment must be made on the day it falls due.
(2) Where the bill is payable on demand, then subject to the provisions of this Proclamation presentment mus be made within a reasonable time after its issue in order to render the drawer liable, and within a reasonable time after its endorsement in order to render an endorser liable. In determining what is a reasonable time regard shall be had to the nature of the bill, the usage of trade with regard to similar bills, and the facts of the particular case.
(3) Presentment must be made by the holder, or by some person authorised to receive payment on his behalf, at a reasonable hour on a business day, at the proper place as hereinafter defined, either to the person designated by the bill as payer or to some person authorised to pay or refuse payment on his behalf, if with the exercise of reasonable diligence such person can there be found.
(4) A bill is presented at the proper place
(a) where a place of payment is specified in the bill and the bill is there presented;