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writing above the indorser's signature a direction to pay the bill to or to the order of himself or some other person...
Restrictive Indorsement. 35. (1.) An indorsement 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 indorsed “pay D only,” or “pay D for the account of X,” 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 authorise 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.
Negotiation of Overdue or Dishonourel Bill. 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 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.
Negotiation of Bill to Party already liable thereon. 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.
Rights of the Holder. 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 :
(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 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 (6) 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.
When Presentment for Acceptance is necessary. 39. (1.) Where a bill is payable after sight, presentment for acceptance is necessary in order to fix the maturity of the instrument.
(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 presentment for acceptanco 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.
Time for Presenting Bill Payable after Sight. 40. (1.) Subject to the provisions of this Act, 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 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.
Rules as to Presentment for Acceptance, and Excuses for Non
Presentment, 41. (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 busi
ness day, and before the bill is overdue : (6.) 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 : (e.) Where the drawee is dead presentment may be made to his
personal representative: (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 per
son not having capacity to contract by bill : (6.) Where, after the exercise of reasonable diligence, such pre
sentment cannot be effected. (c.) Where although the presentment has been irregular, accept
ance 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 exeuse presentment,
Non-acceptance. 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.
Dishonour by Non-acceptance and its Consequences. 43. (1.) A bill is dishonoured by non-acceptance(a.) When it is duly presented for acceptance, and such an accept
ance as is prescribed by this Act is refused or cannot be
obtained ; or (6.) 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,
Duties as to Qualified Acceptances. 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 bill.
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,
Rules as to Presentment for Payment. 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 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, (6.) 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 resi
dence, 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.
(8.) Where authorised by agreement or usage a presentment through the post office is sufficient.
Excuses for delay or non-presentment for Payment. 46. (1.) Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the 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 Act, 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.
(6.) 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 Non-payment. 47. (1). A bill is dishonoured by non-payment (a) when it is duly presented for payment and payment is refused or cannot be