« EelmineJätka »
in a representative capacity, he may indorse the bill in such terms as to negative personal liability.
32. An indorsement in order to operate as a negotiation must Requisites of a comply with the following conditions, namely:
(1.) It must be written on the bill itself and be signed by the indorser. The simple signature of the indorser on the bill, without additional words, is sufficient.
copy" of a
An indorsement written on an allonge, or on a
(2.) It must be an indorsement of the entire bill. A partial
indorsement, that is to say, an indorsement which
(3.) Where a bill is payable to the order of two or more
indorse for the others.
(4.) Where, in a bill payable to order, the payee or indorsee is wrongly designated, or his name is mis-spelt, he may indorse the bill as therein described, adding, if he think fit, his proper signature.
(5.) Where there are two or more indorsements on a bill, each indorsement is deemed to have been made in the order in which it appears on the bill, until the contrary is proved.
(6.) An indorsement may be made in blank or special. It
may also contain terms making it restrictive.
33. Where a bill purports to be indorsed conditionally the Conditional incondition may be disregarded by the payer, and payment to the dorsement.
indorsee is valid whether the condition has been fulfilled or not.
34.—(1.) An indorsement in blank specifies no indorsee, and Indorsement in
a bill so indorsed becomes payable to bearer.
blank and special indorse
(2.) A special indorsement specifies the person to whom, or ment. to whose order, the bill is to be payable.
(3.) The provisions of this Act relating to a payee apply with the necessary modifications to an indorsee under a special indorsement.
(4.) When a bill has been 'ndorsed in blank, any holder may convert the blank indorsement into a special indorsement by writing above the indorser's signature a direction to pay the bill to or to the order of himself or some other person.
35.—(1.) An indorsement is restrictive which prohibits the Restrictive infurther negotiation of the bill or which expresses that it is a
Negotiation of overdue or dishonoured bill.
Negotiation of bill to party already liable thereon.
Rights of the holder.
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 indorsed "Pay D. only," or "Pay D. for the account of X.," or "Pay D. or order for collection."
(2.) A restrictive indorsement gives the indorsee the right to receive payment of the bill and to sue any party thereto that his indorser could have sued, but gives him no power to transfer his rights as indorsee unless it expressly authorises him to do so.
(3.) Where a restrictive indorsement authorises further transfer, all subsequent indorsees take the bill with the same rights and subject to the same liabilities as the first indorsee under the restrictive indorsement.
36. (1.) Where a bill is negotiable in its origin it continues to be negotiable until it has been (a) restrictively indorsed 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 indorsement bears date after the maturity of the bill, every negotiation is primâ fucie 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.
37. Where a bill is negotiated back to the drawer, or to a prior indorser or to the acceptor, such party may, subject to the provisions of this Act, 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.
38. The rights and powers of the holder of a bill are as follows:
(1.) He may sue on the bill in his own name:
from any defect of title of prior parties, as well as from
(3.) Where his 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.
39.-(1.) Where a bill is payable after sight, presentment for When presentacceptance is necessary in order to fix the maturity of the instru- ment for accept
(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 pay
(3.) In no other case is presentment for acceptance necessary in order to render liable any party to the bill.
(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 indorsers.
ance is necessary.
40.-(1.) Subject to the provisions of this Act, when a bill Time for prepayable after sight is negotiated, the holder must either present able at sight. senting bill payit for acceptance or negotiate it within a reasonable time.
(2.) If he do not do so, the drawer and all indorsers 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.
sentment for acceptance, and
41.-(1.) A bill is duly presented for acceptance which is Rules as to prepresented in accordance with the following rules: (a.) The presentment must be made by or on behalf of the excuses for nonholder 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 personal representative:
Dishonour by non-acceptance and its consequences.
Duties as to qualified acceptances.
Rules as to presentment for payment.
(d.) Where the drawee is bankrupt, presentment may be made to him or to his trustee :
(e.) Where authorised by agreement or usage, a presentment through the post office 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 is a fictitious person or a person not having capacity to contract by bill:
(b.) Where after the exercise of reasonable diligence, such pre
sentment 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.
42. (1.) When a bill is duly presented for acceptance and 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 indorsers.
43. (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 Act is refused or cannot be obtained;
(b.) when presentment for acceptance is excused and the bill is not accepted.
(2.) Subject to the provisions of this Act, when a bill is dishonoured by non-acceptance, an immediate right of recourse against the drawer and indorsers accrues to the holder, and no presentment for payment is necessary.
44.-(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 indorser has not expressly or impliedly authorised the holder to take a qualified acceptance, or does not subsequently assent thereto, such drawer or indorser is discharged from his liability on
The provisions of this sub-section do not apply to a partial acceptance, whereof due notice has been given. Where a foreign bill has been accepted as to part, it must be protested as to the balance.
(3.) When the drawer or indorser 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.
45.-Subject to the provisions of this Act a bill must be duly
presented for payment. If it be not so presented the drawer and indorsers 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 Act, presentment must be made within a reasonable time after its issue in order to render the drawer liable, and within a reasonable time after its indorsement, in order to render the indorser 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
(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.
(b.) Where no place of payment is specified, but the address of the drawee or acceptor is given in the bill, and the bill is there presented.
(c.) Where no place of payment is specified and no address given, and the bill is presented at the drawee's or acceptor's place of business if known, and if not, at his ordinary residence if known.
(d.) In any other case if presented to the drawee or acceptor wherever he can be found, or if presented at his last known place of business or residence.
(5.) Where a bill is presented at the proper place, and after the exercise of reasonable diligence no person authorised to pay or refuse payment can be found there, no further presentment to the drawee or acceptor is required. (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.