LAWS OF MALAYSIA
REPRINT
Act 204
BILLS OF EXCHANGE
ACT 1949
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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BILLS OF EXCHANGE ACT 1949
First enacted
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1949 (Ordinance No. 75
of 1949)
Revised
... ... ... ... ... ... ...
1978 (Act 204 w.e.f.
29 April 1978)
PREVIOUS REPRINT
First Reprint
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...
...
...
...
2001
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LAWS OF MALAYSIA
Act 204
BILLS OF EXCHANGE ACT 1949
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title
2.
Interpretation
PART II
BILLS OF EXCHANGE
Form and Interpretation
3.
Bill of exchange defined
4.
Inland and foreign bills
5.
Effect where different parties to bill are the same person
6.
Address to drawee
7.
Certainty required as to payee
8.
What bills are negotiable
9.
Sum payable
10.
Bill payable on demand
11.
Bill payable at a future time
12.
Omission of date in bill payable after date or acceptance after sight
13.
Ante-dating and post-dating
14.
Computation of time of payment
15.
Case of need
16.
Optional stipulations by drawer or indorser
17.
Definition and requisites of acceptance
18.
Time for acceptance
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Section
19.
General and qualified acceptances
20.
Inchoate instruments
21.
Delivery
Capacity and Authority of Parties
22.
Capacity of parties
23.
Signature essential to liability
24.
Forged or unauthorized signature
25.
Procuration signatures
26.
Person signing as agent or in representative capacity
The Consideration for a Bill
27.
Value and holder for value
28.
Accommodation bill or party
29.
Holder in due course
30.
Presumption of value and good faith
Negotiation of Bills
31.
Negotiation of bill
32.
Requisites of a valid indorsement
33.
Conditional indorsement
34.
Indorsement in blank and special indorsement
35.
Restrictive indorsement
36.
Negotiation of overdue or dishonoured bill
37.
Negotiation of bill to party already liable thereon
38.
Rights of the holder
General Duties of the Holder
39.
When presentment for acceptance is necessary
40.
Time for presenting bill payable after sight
41.
Rules as to presentment for acceptance and excuses for non-presentment
42.
Non-acceptance
43.
Dishonour by non-acceptance and its consequences
44.
Duties as to qualified acceptances
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Bills of Exchange
Section
45.
Rules as to presentment for payment
46.
Excuses for delay or non-presentment for payment
47.
Dishonour by non-payment
48.
Notice of dishonour and effect of non-notice
49.
Rules as to notice of dishonour
50.
Excuses for delay in giving notice of dishonour
51.
Noting or protest of bill
52.
Duties of holder as regards drawee or acceptor
Liabilities of Parties
53.
Funds in hands of drawee
54.
Liability of acceptor
55.
Liability of drawer or indorser
56.
Stranger signing bill liable as indorser
57.
Measure of damages against parties to dishonoured bill
58.
Transferor by delivery and transferee
Discharge of Bill
59.
Payment in due course
60.
Banker paying demand draft whereon indorsement is forged
61.
Acceptor the holder at maturity
62.
Express waiver or renunciation
63.
Cancellation
64.
Alteration of bill
Acceptance and Payment for Honour
65.
Acceptance for honour supra protest
66.
Liability of acceptor for honour
67.
Presentment to acceptor for honour
68.
Payment for honour supra protest
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Lost Instruments
Section
69.
Holder's right to duplicate of lost bill
70.
Suit on lost bill
Bill in a Set
71.
Rules as to sets
Conflict of Laws
72.
Rules where laws conflict
PART III
CHEQUES ON A BANKER
73.  Cheque defined
73A. Knowingly or negligently facilitating forgery
74.  Presentment of cheque for payment
74A. Presentment of cheque through document image processing system
75.  Revocation of banker's authority
Crossed Cheques
76.
General and special crossings defined
77.
Crossing by drawer or after issue
78.
Crossing a material part of cheques
79.
Duties of banker as to crossed cheques
80.
Protection to banker and drawer where cheque is crossed
81.
Effect of "not negotiable" crossing on holder
81A.
Non-transferable cheque
Special Provisions Relating to Endorsement, Etc.
82.
Protection of bankers paying unindorsed or irregularly indorsed cheques,
etc.
83.
Rights of bankers collecting cheques not indorsed by holders
84.
Unindorsed cheques as evidence of payment
85.
Protection of bankers collecting payment of cheques, or certain other
instruments
86.
Application of certain provisions to instruments not being bills of
exchange
87.
Saving
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Bills of Exchange
PART IV
PROMISSORY NOTES
Section
88.
Promissory note defined
89.
Delivery necessary
90.
Joint and several notes
91.
Note payable on demand
92.
Presentment of note for payment
93.
Liability of maker
94.
Application of Part II to notes
PART V
SUPPLEMENTARY
95.
Good faith
96.
Signature
97.
Computation of time
98.
When noting equivalent to protest
99.
Protest when notary not accessible
100.
Dividend warrants and banker's draft may be crossed
101.
Savings
102.
Repeal
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Bills of Exchange
LAWS OF MALAYSIA
Act 204
BILLS OF EXCHANGE ACT 1949
An Act relating to Bills of Exchange, Cheques and Promissory
Notes.
[Federal Territory, Johore, Kedah, Kelantan,
Negeri Sembilan, Pahang, Perak, Perlis, Selangor and
Terengganu--31 December 1949, Ord. 75/1949;
Malacca and Penang--1 August 1959, Ord. 30/1959;
Sabah and Sarawak--1 July 1965, L.N. 260/1965]
PART I
PRELIMINARY
Short title
1.
This Act may be cited as the Bills of Exchange Act 1949.
Interpretation
2.
In this Act, unless the context otherwise requires--
"acceptance" means an acceptance completed by delivery or
notification;
"bank holiday" and "public holiday" respectively include, as
regards any State, any day declared to be such under any written
law for the time being in force in any State and includes any day
(other than a Sunday) observed as a weekly holiday in any State;
"banker" includes a body of persons, whether incorporated or
not, who carry on the business of banking;
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"bankrupt" includes any person whose estate is vested in a
trustee or assignee under the law for the time being in force
relating to bankruptcy;
"bearer" means the person in possession of a bill or note which
is payable to bearer;
"bill" means bill of exchange;
"delivery" means transfer of possession, actual or constructive,
from one person to another;
"foreign currency" means any currency other than currency--
(a) of Malaysia; or
(b) which by reason of any agreement or arrangement entered
into between the Central Bank and any other monetary
authority of another country, is deemed to be inter-
changeable with the currency of Malaysia;
"holder" means the payee or indorsee of a bill or note who is
in possession of it, or the bearer thereof;
"indorsement" means an indorsement completed by delivery;
"issue" means the first delivery of a bill or note, complete in
form, to a person who takes it as a holder;
"note" means promissory note;
"suit" includes action, counterclaim and set-off;
"value" means valuable consideration.
PART II
BILLS OF EXCHANGE
Form and Interpretation
Bill of exchange defined
3. (1) A bill of exchange is an unconditional order in writing,
addressed by one person to another, signed by the person giving
it, requiring the person to whom it is addressed to pay on demand
or at a fixed or determinable future time a sum certain in money
to, or to the order of, a specified person, or to bearer.
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Bills of Exchange
(2) An instrument which does not comply with these conditions,
or which orders any act to be done in addition to the payment of
money, is not a bill of exchange.
(3) An order to pay out of a particular fund is not unconditional
within the meaning of this section; but an unqualified order to
pay, coupled with (a) an indication of a particular fund out of
which the drawee is to reimburse himself or a particular account
to be debited with the amount, or (b) a statement of the transaction
which gives rise to the bill, is unconditional.
(4) A bill is not invalid by reason--
(a) that it is not dated;
(b) that it does not specify the value given, or that any value
has been given therefor;
(c) that it does not specify the place where it is drawn or the
place where it is payable.
Inland and foreign bills
4. (1) An inland bill is a bill which is or on the face of it purports
to be--
(a) both drawn and payable within Malaysia; or
(b) drawn within Malaysia upon some person resident therein.
Any other bill is a foreign bill.
(2) Unless the contrary appears on the face of the bill the holder
may treat it as an inland bill.
Effect where different parties to bill are the same person
5. (1) A bill may be drawn payable to, or to the order of the
drawer; or it may be drawn payable to, or to the order of, the
drawee.
(2) Where in a bill drawer and drawee are the same person, or
where the drawee is a fictitious person or a person not having
capacity to contract, the holder may treat the instrument, at his
option, either as a bill of exchange or as a promissory note.
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Address to drawee
6. (1) The drawee must be named or otherwise indicated in a bill
with reasonable certainty.
(2) A bill may be addressed to two or more drawees whether
they are partners or not, but an order addressed to two drawees
in the alternative or to two or more drawees in succession is not
a bill of exchange.
Certainty required as to payee
7. (1) Where a bill is not payable to bearer, the payee must be
named or otherwise indicated therein with reasonable certainty.
(2) A bill may be made payable to two or more payees jointly,or
it may be made payable in the alternative to one of two, or one
or some of several payees. A bill may also be made payable to the
holder of an office for the time being.
(3) Where the payee is a fictitious or non-existing person the
bill may be treated as payable to bearer.
What bills are negotiable
8. (1) When a bill contains words prohibiting transfer, or indicating
an intention that it should not be transferable, it is valid as between
the parties thereto, but is not negotiable.
(2) A negotiable bill may be payable either to order or to bearer.
(3) A bill is payable to bearer which is expressed to be so
payable, or on which the only or last indorsement is an indorsement
in blank.
(4) A bill is payable to order which is expressed to be so payable,
or which is expressed to be payable to a particular person, and
does not contain words prohibiting transfer or indicating an intention
that it should not be transferable.
(5) Where a bill, either originally or by indorsement, is expressed
to be payable to the order of a specified person, and not to him
or his order, it is nevertheless payable to him or his order at his
option.
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Bills of Exchange
Sum payable
9. (1) The sum payable by a bill is a sum certain within the
meaning of this Act, although it is required to be paid--
(a) with interest;
(b) by stated instalments;
(c) by stated instalments, with a provision that upon default
in payment of any instalment the whole shall become
due;
(d) according to an indicated rate of exchange or according
to a rate of exchange to be ascertained as directed by the
bill.
(2) Where the sum payable is expressed in words and also in
figures, and there is a discrepancy between the two, the sum
denoted by the words is the amount payable.
(3) Where a bill is expressed to be payable with interest, unless
the instrument otherwise provides, interest runs from the date of
the bill, and, if the bill is undated, from the issue thereof.
Bill payable on demand
10. (1) A bill is payable on demand--
(a) which is expressed to be payable on demand, or at sight,
or on presentation; or
(b) in which no time for payment is expressed.
(2) Where a bill is accepted or indorsed when it is overdue, it
shall, as regards the acceptor who so accepts, or any indorser who
so indorsers it, be deemed a bill payable on demand.
Bill payable at a future time
11. (1) A bill is payable at a determinable future time within the
meaning of this Act which is expressed to be payable--
(a) at a fixed period after date or sight;
(b) on or at a fixed period after the occurrence of a specified
event which is certain to happen, though the time of
happening may be uncertain.
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(2) An instrument expressed to be payable on a contingency is
not a bill, and the happening of the event does not cure the defect.
Omission of date in bill payable after date or acceptance after
sight
12.  Where a bill expressed to be payable at a fixed period after
date is issued undated, or where the acceptance of a bill payable
at a fixed period after sight is undated, any holder may insert
therein the true date of issue or acceptance, and the bill shall be
payable accordingly:
Provided that--
(a) where the holder in good faith and by mistake inserts a
wrong date; and
(b) in every case where a wrong date is inserted, if the bill
subsequently comes into the hands of a holder in due
course,
the bill shall not be avoided thereby, but shall operate and be
payable as if the date so inserted had been the true date.
Ante-dating and post-dating
13. (1) Where a bill or an acceptance or any indorsement on a
bill is dated, the date shall, unless the contrary is proved, be
deemed to be the true date of the drawing, acceptance, or indorsement,
as the case may be.
(2) A bill is not invalid by reason only that it is ante-dated or
post-dated, or that it bears date on a Sunday.
Computation of time of payment
14.  Where a bill is not payable on demand the day on which it
falls due is determined as follows:
(a) three days, called days of grace, are, in every case where
the bill itself does not otherwise provide, added to the
time of payment as fixed by the bill, and the bill is due
and payable on the last day of grace:
Provided that--
(i) when the last day of grace falls on a Sunday,
public holiday or bank holiday;
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Bills of Exchange
(ii) when the last day of grace of a bill drawn payable
in a foreign currency falls on a Saturday, Sunday,
public holiday or bank holiday,
the bill shall be due and payable on the next succeeding
business day;
(b) where a bill is payable at a fixed period after date, after
sight, or after the happening of a specified event, the
time of payment is determined by excluding the day
from which the time is to begin to run and by including
the day of payment;
(c) where a bill is payable at a fixed period after sight, the
time begins to run from the date of the acceptance if the
bill be accepted, and from the date of noting or protest
if the bill be noted or protested for non-acceptance, or
for non-delivery;
(d) the term "month" in a bill means calendar month.
Case of need
15.  The drawer of a bill and any indorser may insert therein the
name of a person to whom the holder may resort in case of need,
that is to say, in case the bill is dishonoured by non-acceptance
or non-payment. Such person is called the referee in case of need.
It is in the option of the holder to resort to the referee in case of
need or not, as he may think fit.
Optional stipulations by drawer or indorser
16.  The drawer of a bill, and any indorser, may insert therein an
express stipulation--
(a) negativing or limiting his own liability to the holder;
(b) waiving as regards himself some or all of the holder's
duties.
Definition and requisites of acceptance
17. (1) The acceptance of a bill is the signification by the drawee
of his assent to the order of the drawer.
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(2) An acceptance is invalid unless it complies with the following
conditions, namely--
(a) it must be written on the bill and be signed by the drawee.
The mere signature of the drawee without additional words
is sufficient;
(b) it must not express that the drawee will perform his
promise by any other means than the payment of money.
Time for acceptance
18. (1) A bill may be accepted--
(a) before it has been signed by the drawer, or while otherwise
incomplete;
(b) when it is overdue, or after it has been dishonoured by
a previous refusal to accept, or by non-payment.
Date of acceptance after previous dishonour
(2) W h e n a bill payable after sight is dishonoured by
non-acceptance, and the drawee subsequently accepts it, the holder,
in the absence of any different agreement, is entitled to have the
bill accepted as of the date of first presentment to the drawee for
acceptance.
General and qualified acceptances
19. (1) An acceptance is either (a) general or (b) qualified.
(2) A general acceptance assents without qualification to the
order of the drawer.
(3) (a) A qualified acceptance in express terms varies the effect
of the bill as drawn.
(b) In particular an acceptance is qualified which is--
(i) conditional, that is to say, which makes payment
by the acceptor dependent on the fulfilment of a
condition therein stated;
(ii) partial, that is to say, an acceptance to pay part
only of the amount for which the bill is drawn;
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Bills of Exchange
(iii) local, that is to say, an acceptance to pay only at
a particular specified place;
An acceptance, to pay at a particular place, is a
general acceptance, unless it expressly states that
the bill is to be paid there only, and not elsewhere;
(iv) qualified as to time;
(v) the acceptance of some one or more of the drawees,
but not of all.
Inchoate instruments
20. (1) Where a simple signature on a blank stamped paper is
delivered by the signer in order that it may be converted into a
bill, it operates as prima facie authority to fill it up as a complete
bill for any amount the stamp will cover, using the signature for
that of the drawer, or the acceptor, or an indorser; and, in like
manner, when a bill is wanting in any material particular, the
person in possession of it has a prima facie authority to fill up the
omission in any way he thinks fit.
(2) In order that any such instrument when completed may be
enforceable against any person who became a party thereto prior
to its completion, it must be filled up within a reasonable time and
strictly in accordance with the authority given. Reasonable time
for this purpose is a question of fact:
Provided that if any such instrument after completion is negotiated
to a holder in due course it shall be valid and effectual for all
purposes in his hands, and he may enforce it as if it had been filled
up within a reasonable time and strictly in accordance with the
authority given.
Delivery
21. (1) Every contract on a bill, whether it be the drawer's, the
acceptor's, or an indorser's, is incomplete and revocable, until
delivery of the instrument in order to give effect thereto:
Provided that where an acceptance is written on a bill, and the
drawee gives notice to or according to the directions of the person
entitled to the bill that he has accepted it, the acceptance then
becomes complete and irrevocable.
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(2) As between immediate parties, and as regards a remote
party other than a holder in due course, the delivery--
(a) in order to be effectual must be made either by or under
the authority of the party drawing, accepting or indorsing,
as the case may be;
(b) may be shown to have been conditional or for a special
purpose only, and not for the purpose of transferring the
property in the bill.
But if the bill be in the hands of a holder in due course, a valid
delivery of the bill by all parties prior to him so as to make them
liable to him is conclusively presumed.
(3) Where a bill is no longer in the possession of a party who
h a s signed it as drawer, acceptor, or indorser, a valid and
unconditional delivery by him is presumed until the contrary is
proved.
Capacity and Authority of Parties
Capacity of parties
22. (1) Capacity to incur liability as a party to a bill is co-extensive
with capacity to contract:
Provided that nothing in this section shall enable a corporation
to make itself liable as drawer; acceptor, or indorser of a bill
unless it is competent to it so to do under the law for the time
being in force relating to corporations.
(2) Where a bill is drawn or indorsed by a minor or corporation
having no capacity or power to incur liability on a bill, the drawing
or indorsement entitles the holder to receive payment of the bill,
and to enforce it against any other party thereto.
Signature essential to liability
23.  No person is liable as drawer, indorser, or acceptor of a bill
who has not signed it as such:
Provided that--
(a) where a person signs a bill in a trade or assumed name,
he is liable thereon as if he had signed it in his own
name;
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Bills of Exchange
(b) the signature of the name of a firm is equivalent to the
signature by the person so signing of the names of all
persons liable as partners in that firm.
Forged or unauthorized signature
24.  Subject to the provisions of this Act, where a signature on
a bill is forged or placed thereon without the authority of the
person whose signature it purports to be, the forged or unauthorized
signature is wholly inoperative, and no right to retain the bill or
to give a discharge therefor or to enforce payment thereof against
any party thereto can be acquired through or under that signature,
unless the party against whom it is sought to retain or enforce
payment of the bill is precluded from setting up the forgery or
want of authority:
Provided that nothing in this section shall affect the ratification
of an unauthorized signature not amounting to a forgery.
Procuration signatures
25.  A signature by procuration operates as notice that the agent
has but a limited authority to sign, and the principal is only bound
by such signature if the agent in so signing was acting within the
actual limits of his authority.
Person signing as agent or in representative capacity
26. (1) Where a person signs a bill as drawer, indorser, or acceptor,
and adds words to his signature, indicating that he signs for or on
behalf of a principal, or in a representative character, he is not
personally liable thereon; but the mere addition to his signature
of words describing him as an agent, or as filling a representative
character, does not exempt him from personal liability.
(2) In determining whether a signature on a bill is that of the
principal or that of the agent by whose hand it is written, the
construction most favourable to the validity of the instrument shall
be adopted.
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The Consideration for a Bill
Value and holder for value
27. (1) Valuable consideration for a bill may be constituted by--
(a) any consideration sufficient to support a simple contract;
(b) an antecedent debt or liability. Such a debt or liability
is deemed valuable consideration whether the bill is payable
on demand or at a future time.
(2) Where value has at any time been given for a bill the holder
is deemed to be a holder for value as regards the acceptor and all
parties to the bill who become parties prior to such time.
(3) Where the holder of a bill has a lien on it arising either from
contract or by implication of law, he is deemed to be a holder for
value to the extent of the sum for which he has a lien.
Accommodation bill or party
28. (1) An accommodation party to a bill is a person who has
signed a bill as drawer, acceptor, or indorser, without receiving
value therefor, and for the purpose of lending his name to some
other person.
(2) An accommodation party is liable on the bill to a holder for
value; and it is immaterial whether, when such holder took the bill,
he knew such party to be an accommodation party or not.
Holder in due course
29. (1) A holder in due course is a holder who has taken a bill,
complete and regular on the face of it, under the following conditions,
namely--
(a) that he became the holder of it before it was overdue, and
without notice that it had been previously dishonoured,
if such was the fact;
(b) that he took the bill in good faith and for value, and that
at the time the bill was negotiated to him, he had no
notice of any defect in the title of the person who negotiated
it.
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Bills of Exchange
(2) In particular the title of a person who negotiates a bill is
defective within the meaning of this Act when he obtained the bill,
or the acceptance thereof, by fraud, duress, or force and fear, or
other unlawful means, or for an illegal consideration, or when he
negotiates it in breach of faith, or under such circumstances as
amount to a fraud.
(3) A holder (whether for value or not) who derives his title to
a bill through a holder in due course, and who is not himself a
party to any fraud or illegality affecting it, has all the rights of that
holder in due course as regards the acceptor and all parties to the
bill prior to that holder.
Presumption of value and good faith
30. (1) Every party whose signature appears on a bill is prima
facie deemed to have become a party thereto for value.
(2) Every holder of a bill is prima facie deemed to be a holder
in due course; but if in an action on a bill it is admitted or proved
that the acceptance, issue, or subsequent negotiation of the bill is
affected with fraud, duress, or force and fear, or illegality, the
burden of proof is shifted, unless and until the holder proves that,
subsequent to the alleged fraud or illegality, value has in good
faith been given for the bill.
Negotiation of Bills
Negotiation of bill
31. (1) A bill is negotiated when it is transferred from one person
to another in such a manner as to constitute the transferee the
holder of the bill.
(2) A bill payable to bearer is negotiated by delivery.
(3) A bill payable to order is negotiated by the indorsement of
the holder completed by delivery.
(4) Where the holder of a bill payable to his order transfers it
for value without indorsing it, the transfer gives the transferee
such title as the transferor had in the bill, and the transferee in
addition acquires the right to have the indorsement of the transferor.
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(5) Where any person is under obligation to indorse a bill in a
representative capacity, he may indorse the bill in such terms as
to negative personal liability.
Requisites of a valid indorsement
32.  An indorsement in order to operate as a negotiation must
comply with the following conditions, namely--
(a) 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; an indorsement
written on an allonge, or on a "copy" of a bill issued or
negotiated in a country where "copies" are recognized,
is deemed to be written on the bill itself;
(b) it must be an indorsement of the entire bill; a partial
indorsement, that is to say, an indorsement which purports
to transfer to the indorsee a part only of the amount
payable, or which purports to transfer the bill to two or
more indorsees severally, does not operate as a negotiation
of the bill;
(c) where a bill is payable to the order of two or more
payees or indorsees who are not partners, all must indorse
unless the one indorsing has authority to indorse for the
others;
(d) where, in a bill payable to order, the payee or indorsee
is wrongly designated, or his name is misspelt, he may
indorse the bill as therein described, adding, if he thinks
fit, his proper signature;
(e) 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;
(f) an indorsement may be made in blank or special. It may
also contain terms making it restrictive.
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Bills of Exchange
Conditional indorsement
33.  Where a bill purports to be indorsed conditionally, the condition
may be disregarded by the payer, and payment to the indorsee is
valid whether the condition has been fulfilled or not.
Indorsement in blank and special indorsement
34. (1) An indorsement in blank specifies no indorsee, and a bill
so indorsed becomes payable to bearer.
(2) A special indorsement specifies the person to whom, or 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 indorsed 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.
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", 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 authorizes him to do so.
(3) Where a restrictive indorsement authorizes 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.
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Negotiation of overdue or dishonoured 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 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 subsection 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 this Act,
reissue 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:
(a) he may sue on the bill in his own name;
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Bills of Exchange
(b) 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;
(c) where his title is defective--
(i) if he negotiates the bill to a holder in due course,
that holder obtains a good and complete title to the
bill; and
(ii) 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 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.
Time for presenting bill payable after sight
40. (1) Subject to 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.
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(2) If he does not do so, the drawer and all indorsers prior to
that holder are discharged.
(3) In determining what is 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 authorized 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;
(d) where the drawee is bankrupt, presentment may be made
to him or to his trustee or assignee;
(e) where authorized 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 bankrupt, 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.
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Bills of Exchange
Non-acceptance
42.  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 does not, the
holder shall lose the 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
acceptance as is prescribed by this Act is refused or
cannot be obtained; or
(b) when presentment for acceptance is excused and the bill
is not accepted.
(2) Subject to 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 authorized 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 subsection 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.
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Rules as to presentment for payment
45. (1) Subject to this Act, a bill must be duly presented for
payment. If it be not so presented, the drawer and indorsers shall
be discharged.
(2) A bill is duly presented for payment which is presented in
accordance with the following rules--
(a) where the bill is not payable on demand, presentment
must be made on the day it falls due;
(b) where the bill is payable on demand, then, subject to 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;
(c) presentment must be made by the holder or by some
person authorized 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 authorized to pay or
refuse payment on his behalf, if with the exercise of
reasonable diligence such person can there be found;
(d) a bill is presented at the proper place--
(i) where the place of payment is specified in the bill
and the bill is there presented;
(ii) 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;
(iii) where no place of payment is specific 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;
(iv) 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;
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Bills of Exchange
(e) where a bill is presented at the proper place, and, after
the exercise of reasonable diligence, no person authorized
to pay or refuse payment can be found there, no further
presentment to the drawee or acceptor is required;
(f) 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;
(g) 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;
(h) where authorized 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,
presentment, as required by this Act cannot be effected;
(b) 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.
(3) 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.
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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 obtained; or
(b) when presentment is excused and the bill is overdue and
unpaid.
(2) Subject to this Act, when a bill is dishonoured by non-
payment, an immediate right of recourse against the drawer and
indorsers accrues to the holder.
Notice of dishonour and effect of non-notice
48.  Subject to this Act, when a bill has been dishonoured by non-
acceptance or by non-payment, notice of dishonour must be given
to the drawer and each indorser, and any drawer or indorser to
whom such notice is not given is discharged:
Provided that--
(a) where a bill is dishonoured by non-acceptance, and notice
of dishonour is not given, the rights of a holder in due
course subsequent to the omission shall not be prejudiced
by the omission;
(b) where a bill is dishonoured by non-acceptance, and due
notice of dishonour is given, it shall not be necessary to
give notice of subsequent dishonour by non-payment unless
the bill shall, in the meantime, have been accepted.
Rules as to notice of dishonour
49.  Notice of dishonour, in order to be valid and effectual, must
be given in accordance with the following rules:
(a) the notice must be given by or on behalf of the holder,
or by or on behalf of an indorser who, at the time of
giving it, is himself liable on the bill;
(b) notice of dishonour may be given by an agent either in
his own name, or in the name of any party entitled to give
notice whether that party be his principal or not;
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Bills of Exchange
(c) where the notice is given by or on behalf of the holder,
it enures for the benefit of all subsequent holders and all
prior indorsers who have a right of recourse against the
party to whom it is given;
(d) where notice is given by or on behalf of an indorser
entitled to give notice as hereinbefore provided, it enures
for the benefit of the holder and all indorsers subsequent
to the party to whom notice is given;
(e) the notice may be given in writing or by personal
communication, and may be given in any terms which
sufficiently identify the bill, and intimate that the bill has
been dishonoured by non-acceptance or non-payment;
(f) the return of a dishonoured bill to the drawer or an indorser
is, in point of form, deemed a sufficient notice of dishonour;
(g) a written notice need not be signed, and an insufficient
written notice may be supplemented and validated by
verbal communication; a misdescription of the bill shall
not vitiate the notice unless the party to whom the notice
is given is in fact misled thereby;
(h) where notice of dishonour is required to be given to any
person, it may be given either to the party himself, or to
his agent in that behalf;
(i) where the drawer or indorser is dead, and the party giving
notice knows it, the notice must be given to a personal
representative if such there be, and with the exercise of
reasonable diligence he can be found;
(j) where the drawer or indorser is bankrupt, notice may be
given either to the party himself or to the trustee;
(k) where there are two or more drawers or indorsers who
are not partners, notice must be given to each of them,
unless one of them has authority to receive such notice
for the others;
(l) the notice may be given as soon as the bill is dishonoured
and must be given within a reasonable time thereafter;
in the absence of special circumstances notice is not
deemed to have been given within a reasonable time
unless--
(i) where the person giving and the person to receive
notice reside in the same place, the notice is given
or sent off in time to reach the latter on the day
after the dishonour of the bill;
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(ii) where the person giving and the person to receive
notice reside in different places, the notice is sent
off on the day after the dishonour of the bill, if
there be a post at a convenient hour on that day,
and if there be no such post on that day, then by
the next post thereafter;
(m) where a bill when dishonoured is in the hands of an
agent, he may either himself give notice to the parties
liable on the bill, or he may give notice to his principal.
If he gives notice to his principal, he must do so within
the same time as if he were the holder, and the principal
upon receipt of such notice has himself the same time for
giving notice as if the agent had been an independent
holder;
(n) where a party to a bill receives due notice of dishonour
he has, after the receipt of such notice, the same period
of time for giving notice to antecedent parties that the
holder has after the dishonour;
(o) where a notice of dishonour is duly addressed and posted,
the sender is deemed to have given due notice of dishonour
notwithstanding any miscarriage by the post office.
Excuses for delay in giving notice of dishonour
50. (1) Delay in giving notice of dishonour is excused where the
delay is caused by circumstances beyond the control of the party
giving notice, and not imputable to his default, misconduct or
negligence. When the cause of delay ceases to operate the notice
must be given with reasonable diligence.
(2) Notice of dishonour is dispensed with--
(a) when, after the exercise of reasonable diligence, notice,
as required by this Act, cannot be given to or does not
reach the drawer or indorser sought to be charged;
(b) by waiver express or implied; notice of dishonour may
be waived before the time of giving notice has arrived,
or after the omission to give due notice;
(c) as regards the drawer in the following cases, namely:
(i) where the drawer and drawee are the same person;
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Bills of Exchange
(ii) where the drawee is a fictitious person or a person
not having capacity to contract;
(iii) where the drawer is the person to whom the bill is
presented for payment;
(iv) where the drawee or acceptor is as between himself
and the drawer under no obligation to accept or pay
the bill;
(v) where the drawer has countermanded payment;
(d) as regards the indorser in the following cases, namely:
(i) 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;
(ii) where the indorser is the person to whom the bill
is presented for payment;
(iii) w h e r e the bill was accepted or made for his
accommodation.
Noting or protest of bill
51. (1) Where an inland bill has been dishonoured it may, if the
holder thinks 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 dishonoured 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.
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(4) Subject to this Act, when a bill is noted or protested, it may
be noted on the day of its dishonour and must be noted not later
than the next succeeding business day. 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;
(b) when a bill drawn payable at the place of business or
residence of some person other than the drawee has been
dishonoured by non-acceptance, it must be protested for
non-payment at the place where it is expressed to be
payable, and no further presentment for payment to, or
demand on, the drawee is necessary.
(7) A protest must contain a copy of the bill, and must be signed
by the notary making it, and must specify--
(a) the person at whose request the bill is protested;
(b) the place and date of protest, the cause or reason for
protesting the bill, the demand made, and the answer
given, if any, or the fact that the drawee or acceptor
could not be found.
(8) Where a bill is lost or destroyed, or is wrongly detained
from the person entitled to hold it, protest may be made on a copy
or written particulars thereof.
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Bills of Exchange
(9) Protest is dispensed with by any circumstance which would
dispense with notice of dishonour. Delay in noting or protesting
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, the bill
must be noted or protested with reasonable diligence.
Duties of holder as regards drawee or acceptor
52. (1) When a bill is accepted generally, presentment for payment
is not necessary in order to render the acceptor liable.
(2) When by the terms of a qualified acceptance presentment
for payment is required, the acceptor, in the absence of an express
stipulation to that effect, is not discharged by the omission to
present the bill for payment on the day that it matures.
(3) In order to render the acceptor of a bill liable, it is not
necessary to protest it, or that notice of dishonour should be given
to him.
(4) Where the holder of a bill presents it for payment, he shall
exhibit the bill to the person from whom he demands payment, and
when a bill is paid, the holder shall forthwith deliver it up to the
party paying it.
Liabilities of Parties
Funds in hands of drawee
53.  A bill, of itself, does not operate as an assignment of funds
in the hands of the drawee available for the payment thereof, and
the drawee of a bill who does not accept as required by this Act
is not liable on the instrument.
Liability of acceptor
54.
The acceptor of a bill, by accepting it--
(a) engages that he will pay it according to the tenor of his
acceptance;
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(b) is precluded from denying to a holder in due course--
(i) the existence of the drawer, the genuineness of his
signature, and his capacity and authority to draw
the bill;
(ii) in the case of a bill payable to drawer's order, the
then capacity of the drawer to indorse, but not the
genuineness or validity of his indorsement;
(iii) in the case of a bill payable to the order of a third
person, the existence of the payee and his then
capacity to indorse, but not the genuineness or validity
of his indorsement.
Liability of drawer or indorser
55. (1) The drawer of a bill by drawing it--
(a) engages that on due presentment it shall be accepted and
paid according to its tenor, and that if it be dishonoured,
he will compensate the holder or any indorser who is
compelled to pay it, provided that the requisite proceedings
on dishonour be duly taken;
(b) is precluded from denying to a holder in due course the
existence of the payee and his then capacity to indorse.
(2) The indorser of a bill by endorsing it--
(a) engages that on due presentment it shall be accepted and
paid according to its tenor, and that if it be dishonoured
he will compensate the holder or a subsequent indorser
who is compelled to pay it, provided that the requisite
proceedings on dishonour be duly taken;
(b) is precluded from denying to a holder in due course the
genuineness and regularity in all respects of the drawer's
signature and all previous indorsements;
(c) is precluded from denying to his immediate or a subsequent
indorsee that the bill was, at the time of his indorsement,
a valid and subsisting bill, and that he had then a good
title thereto.
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Bills of Exchange
Stranger signing bill liable as indorser
56.  Where a person signs a bill otherwise than as drawer or
acceptor, he thereby incurs the liabilities of an indorser to a holder
in due course.
Measure of damages against parties to dishonoured bill
57.  Where a bill is dishonoured, the measure of damages, which
shall be deemed to be a liquidated amount, shall be as follows:
(a) the holder may recover from any party liable on the bill,
and the drawer who has been compelled to pay the bill
may recover from the acceptor, and an indorser who has
been compelled to pay the bill may recover from the
acceptor or from the drawer, or from a prior indorser--
(i) the amount of the bill;
(ii) interest thereon from the time of presentment for
payment if the bill is payable on demand, and
from the maturity of the bill in any other case;
(iii) the expenses of noting, or, when protest is necessary,
and the protest has been extended, the expenses
of the protest;
(b) in the case of a bill which has been dishonoured abroad,
in lieu of the above damages, the holder may recover
from the drawer or an indorser, and the drawer or an
indorser who has been compelled to pay the bill may
recover from any party liable to him, the amount of the
re-exchange with interest thereon until the time of payment;
(c) where by this Act interest may be recovered as damages,
such interest may, if justice require it, be withheld wholly
or in part, and where a bill is expressed to be payable
with interest at a given rate, interest as damages may or
may not be given at the same rate as interest proper.
Transferor by delivery and transferee
58. (1) Where the holder of a bill payable to bearer negotiates it
by delivery without indorsing it, he is called a "transferor by
delivery".
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(2) A transferor by delivery is not liable on the instrument.
(3) A transferor by delivery who negotiates a bill thereby warrants
to his immediate transferee being a holder for value that the bill
is what it purports to be, that he has a right to transfer it, and that
at the time of transfer he is not aware of any fact which renders
it valueless.
Discharge of Bill
Payment in due course
59. (1) A bill is discharged by payment in due course by or on
behalf of the drawee or acceptor.
"Payment in due course" means payment made at or after the
maturity of the bill to the holder thereof in good faith and without
notice that his title to the bill is defective.
(2) Subject to the provisions hereinafter contained, when a bill
is paid by the drawer or an indorser it is not discharged; but--
(a) where a bill payable to, or to the order of, a third party
is paid by the drawer, the drawer may enforce payment
thereof against the acceptor, but may not reissue the bill;
(b) where a bill is paid by an indorser, or where a bill payable
to drawer's order is paid by the drawer, the party paying
it is remitted to his former rights as regards the acceptor
or antecedent parties, and he may, if he thinks fit, strike
out his own and subsequent indorsements, and again
negotiate the bill.
(3) Where an accommodation bill is paid in due course by the
party accommodated, the bill is discharged.
Banker paying demand draft whereon indorsement is forged
60.  When a bill payable to order on demand is drawn on a
banker, and the banker on whom it is drawn pays the bills in good
faith and in the ordinary course of business, it is not incumbent
on the banker to show that the indorsement of the payee or any
subsequent indorsement was made by or under the authority of the
person whose indorsement it purports to be, and the banker is
deemed to have paid the bill in due course, although such indorsement
has been forged or made without authority.
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Bills of Exchange
Acceptor the holder at maturity
61.  When the acceptor of a bill is or becomes the holder of it
at or after its maturity, in his own right, the bill is discharged.
Express waiver or renunciation
62. (1) When the holder of a bill at or after its maturity absolutely
and unconditionally renounces his rights against the acceptor, the
bill is discharged.
The renunciation must be in writing, unless the bill is delivered
up to the acceptor.
(2) The liabilities of any party to a bill may, in like manner, be
renounced by the holder before, at, or after its maturity; but nothing
in this section shall affect the rights of a holder in due course
without notice of renunciation.
Cancellation
63. (1) Where a bill is intentionally cancelled by the holder or his
agent, and the cancellation is apparent thereon, the bill is discharged.
(2) In like manner any party liable on a bill may be discharged
by the intentional cancellation of his signature by the holder or his
agent. In such case any indorser who would have had a right of
recourse against the party whose signature is cancelled, is also
discharged.
(3) A cancellation made unintentionally, or under a mistake, or
without the authority of the holder, is inoperative; but where a bill
or any signature thereon appears to have been cancelled, the burden
of proof lies on the party who alleges that the cancellation was
made unintentionally, or under a mistake, or without authority.
Alteration of bill
64. (1) Where a bill or acceptance is materially altered without
the assent of all parties liable on the bill, the bill is avoided except
as against a party who has himself made, authorized or assented
to the alteration, and subsequent indorsers:
Provided that where a bill has been materially altered, but the
alteration is not apparent, and the bill is in the hands of a holder
in due course, such holder may avail himself of the bill as if it had
not been altered, and may enforce payment of it according to its
original tenor.
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(2) In particular the following alterations are material, namely,
any alteration of date, the sum payable, the time of payment, the
place of payment, and, where a bill has been accepted generally,
the addition of a place of payment without the acceptor's assent.
Acceptance and Payment for Honour
Acceptance for honour supra protest
65. (1) Where a bill of exchange has been protested for dishonour
by non-acceptance, or protested for better security, and is not
overdue, any person, not being a party already liable thereon, may,
with the consent of the holder, intervene and accept the bill supra
protest, for the honour of any party liable thereon, or for the
honour of the person for whose account the bill is drawn.
(2) A bill may be accepted for honour for part only of the sum
for which it is drawn.
(3) An acceptance for honour supra protest in order to be valid
must--
(a) be written on the bill, and indicate that it is an acceptance
for honour;
(b) be signed by the acceptor for honour.
(4) Where an acceptance for honour does not expressly state for
whose honour it is made, it is deemed to be an acceptance for the
honour of the drawer.
(5) Where a bill payable after sight is accepted for honour, its
maturity is calculated from the date of the noting for non-acceptance,
and not from the date of the acceptance for honour.
Liability of acceptor for honour
66. (1) The acceptor for honour of a bill by accepting it engages
that he will, on due presentment, pay the bill according to the tenor
of his acceptance, if it is not paid by the drawee, provided it has
been duly presented for payment, and protested for non-payment,
and that he receives notice of these facts.
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(2) The acceptor for honour is liable to the holder and to all
parties to the bill subsequent to the party for whose honour he has
accepted.
Presentment to acceptor for honour
67. (1) Where a dishonoured bill has been accepted for honour
supra protest, or contains a reference in case of need, it must be
protested for non-payment before it is presented for payment to
the acceptor for honour, or referee in case of need.
(2) Where the address of the acceptor for honour is in the same
place where the bill is protested for non-payment, the bill must be
presented to him not later than the day following its maturity; and
where the address of the acceptor for honour is in some place other
than the place where it was protested for non-payment, the bill
must be forwarded not later than the day following its maturity for
presentment to him.
(3) Delay in presentment or non-presentment is excused by any
circumstance which would excuse delay in presentment for payment
or non-presentment for payment.
(4) When a bill of exchange is dishonoured by the acceptor for
honour it must be protested for non-payment by him.
Payment for honour supra protest
68. (1) Where a bill has been protested for non-payment, any
person may intervene and pay it supra protest for the honour of
any party liable thereon, or for the honour of the person for whose
account the bill is drawn.
(2) Where two or more persons offer to pay a bill for the honour
of different parties, the person whose payment will discharge most
parties to the bill shall have the preference.
(3) Payment for honour supra protest, in order to operate as
such and not as a mere voluntary payment, must be attested by a
notarial act of honour which may be appended to the protest or
form an extension of it.
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(4) The notarial act of honour must be founded on a declaration
made by the payer for honour, or his agent in that behalf, declaring
his intention to pay the bill for honour, and for whose honour he
pays.
(5) Where a bill has been paid for honour, all parties subsequent
to the party for whose honour it is paid are discharged, but the
payer for honour is subrogated for, and succeeds to both the rights
and duties of, the holder as regards the party for whose honour he
pays, and all parties liable to that party.
(6) The payer for honour on paying to the holder the amount
of the bill and the notarial expenses incidental to its dishonour is
entitled to receive both the bill itself and the protest. If the holder
do not on demand deliver them up he shall be liable to the payer
for honour in damages.
(7) Where the holder of a bill refuses to receive payment supra
protest, he shall lose his right of recourse against any party who
would have been discharged by such payment.
Lost Instruments
Holder's right to duplicate of lost bill
69. (1) Where a bill has been lost before it is overdue, the person
who was the holder of it may apply to the drawer to give him
another bill of the same tenor, giving security to the drawer if
required to indemnify him against all persons whatever in case the
bill alleged to have been lost shall be found again.
(2) If the drawer on request as aforesaid refuses to give such
duplicate bill, he may be compelled to do so.
Suit on lost bill
70.  In any suit or proceeding upon a bill, the court or a judge
may order that the loss of the instrument shall not be set up,
provided an indemnity be given to the satisfaction of the court or
judge against the claims of any other person upon the instrument
in question.
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Bills of Exchange
Bill in a Set
Rules as to sets
71. (1) Where a bill is drawn in a set, each part of the set being
numbered, and containing a reference to the other parts, the whole
of the parts constitute one bill.
(2) Where the holder of a set indorses two or more parts to
different persons, he is liable on every such part, and every indorser
subsequent to him is liable on the part he has himself indorsed as
if the said parts were separate bills.
(3) Where two or more parts of a set are negotiated to different
holders in due course, the holder whose title first accrues is as
between such holders deemed the true owner of the bill; but nothing
in this subsection shall affect the rights of a person who in due
course accepts or pays the part first presented to him.
(4) The acceptance may be written on any part, and it must be
written on one part only.
If the drawee accepts more than one part, and such accepted
parts get into the hands of different holders in due course, he is
liable on every such part as if it were a separate bill.
(5) When the acceptor of a bill drawn in a set pays it without
requiring the part bearing this acceptance to be delivered up to
him, and that part at maturity is outstanding in the hands of a
holder in due course, he is liable to the holder thereof.
(6) Subject to the preceding rules, where any one part of a bill
drawn in a set is discharged by payment or otherwise, the whole
bill is discharged.
Conflict of Laws
Rules where laws conflict
72.  Where a bill drawn in one country is negotiated, accepted or
payable in another, the rights, duties and liabilities of the parties
thereto are determined as follows:
(a) the validity of a bill as regards requisites in form is
determined by the law of the place of issue, and the
validity as regards requisites in form of the supervening
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contracts, such as acceptance, or indorsement, or acceptance
supra protest, is determined by the law of the place
where such contract was made:
Provided that--
(i) where a bill is issued out of Malaysia it is not
invalid by reason only that it is not stamped in
accordance with the law of the place of issue;
(ii) where a bill, issued out of Malaysia, conforms, as
regards requisites in form, to the law of Malaysia,
it may, for the purpose of enforcing payment thereof,
be treated as valid as between all persons who
negotiate, hold or become parties to it in Malaysia;
(b) subject to the provisions of this Act, the interpretation of
the drawing, indorsement, acceptance, or acceptance supra
protest of a bill, is determined by the law of the place
where such contract is made:
Provided that where an inland bill is indorsed in a
foreign country, the indorsement shall, as regards the
payer, be interpreted according to the law of Malaysia;
(c) the duties of the holder with respect to presentment for
acceptance or payment and the necessity for or sufficiency
of a protest or notice of dishonour, or otherwise, are
determined by the law of the place where the act is done
or the bill is dishonoured;
(d) where the bill is drawn out of but payable in Malaysia
and the sum payable is not expressed in the currency of
Malaysia, the amount shall, in the absence of some express
stipulation, be calculated according to the rate of exchange
for sight drafts at the place of payment on the day the
bill is payable;
(e) 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.
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PART III
CHEQUES ON A BANKER
Cheque defined
73. (1) A cheque is a bill of exchange drawn on a banker payable
on demand.
(2) Except as otherwise provided in this Part, the provisions of
this Act applicable to a bill of exchange payable on demand apply
to a cheque.
Knowingly or negligently facilitating forgery
73A.  Notwithstanding section 24, where a signature on a cheque
is forged or placed thereon without the authority of the person
whose signature it purports to be, and that person whose signature
it purports to be knowingly or negligently contributes to the forgery
or the making of the unauthorized signature, the signature shall
operate and shall be deemed to be the signature of the person it
purports to be in favour of any person who in good faith pays the
cheque or takes the cheque for value.
Presentment of cheque for payment
74.
Subject to this Act--
(a) 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 that
he would have been, had such cheque been paid;
(b) 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;
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(c) 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.
Presentment of cheque through document image processing
system
74A. (1) Notwithstanding section 45, a cheque is duly presented
for payment if the cheque is presented through a document image
processing system.
(2) For the purpose of this section, a "document image processing
system" means a system which permits all forms of documents to
be stored, recorded, retrieved, processed or produced by a computer.
(3) Where a cheque is presented for payment in accordance
with this section, the paying bank may request the collecting bank
to--
(a) provide it with such further particulars in relation to the
cheque as the paying bank deems necessary; and
(b) exhibit the cheque or a copy of the cheque.
Revocation of banker's authority
75.  The duty and authority of a banker to pay a cheque drawn
on him by his customer are determined by--
(a) countermand of payment;
(b) notice of the customer's death.
Crossed Cheques
General and special crossings defined
76. (1) Where a cheque bears across its face an addition of--
(a) the words "and company" or any abbreviation thereof
between two parallel transverse lines, either with or without
the words "not negotiable"; or
(b) two parallel transverse lines simply, either with or without
the words "not negotiable",
that addition constitutes a crossing, and the cheque is crossed
generally.
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(2) Where a cheque bears across its face an addition of the
name of a banker, either with or without the words "not negotiable",
that addition constitutes a crossing, and the cheque is crossed
specially and to that banker.
Crossing by drawer or after issue
77. (1) A cheque may be crossed generally or specially by the
drawer.
(2) Where a cheque is uncrossed, the holder may cross it generally
or specially.
(3) Where a cheque is crossed generally, the holder may cross
it specially.
(4) Where a cheque is crossed generally or specially, the holder
may add the words "not negotiable".
(5) Where a cheque is crossed specially, the banker to whom
it is crossed may again cross it specially to another banker for
collection.
(6) Where an uncrossed cheque, or a cheque crossed generally,
is sent to a banker for collection, he may cross it specially to
himself.
Crossing a material part of cheques
78.  A crossing authorized by this Act is a material part of the
cheque; it shall not be lawful for any person to obliterate or, except
as authorized by this Act, to add to or alter the crossing.
Duties of banker as to crossed cheques
79. (1) Where a cheque is crossed specially to more than one
banker, except when crossed to an agent for collection being a
banker, the banker on whom it is drawn shall refuse payment
thereof.
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(2) Where the banker on whom a cheque is drawn which is so
crossed nevertheless pays the same, or pays a cheque crossed
generally otherwise than to a banker, or if crossed specially
otherwise than to the banker to whom it is crossed, or his agent
for collection being a banker, he is liable to the true owner of the
cheque for any loss he may sustain owing to the cheque having
been so paid:
Provided that where a cheque is presented for payment, which
does not at the time of presentment appear to be crossed, or to have
had a crossing which has been obliterated, or to have been added
to or altered otherwise than as authorized by this Act, the banker
paying the cheque in good faith and without negligence shall not
be responsible or incur any liability, nor shall the payment be
questioned by reason of the cheque having been crossed, or of the
crossing having been obliterated or having been added to or altered
otherwise than as authorized by this Act, and of payment having
been made otherwise than to a banker or to the banker to whom
the cheque is or was crossed, or to his agent for collection being
a banker, as the case may be.
Protection to banker and drawer where cheque is crossed
80.  Where the banker, on whom a crossed cheque (including a
cheque which under section 81A or otherwise is not transferable)
is drawn, in good faith and without negligence pays it, if crossed
generally, to a banker, and if crossed specially, to the banker to
whom it is crossed, or his agent for collection, being a banker, the
banker paying the cheque, and if the cheque has come into the
hands of the payee, the drawer, shall respectively be entitled to
the same rights and be placed in the same position as if payment
of the cheque has been made to the true owner thereof.
Effect of "not negotiable" crossing on holder
81.  Where a person takes a crossed cheque which bears on it the
words "not negotiable" he shall not have and shall not be capable
of giving a better title to the cheque than that which the person
from whom he took it had.
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Bills of Exchange
Non-transferable cheque
81A. (1) Where a cheque is crossed and bears across its face the
words "account payee" or "a/c payee", either with or without the
word "only", the cheque shall not be transferable, but shall only
be valid as between the parties thereto.
(2) For the purpose of section 80, a banker is not to be treated
as having been negligent by reason only of his failure to concern
himself with any purported indorsement of a cheque which under
subsection (1) or otherwise is not transferable.
Special Provisions Relating to Endorsement, Etc.
Protection of bankers paying unindorsed or irregularly indorsed
cheques, etc.
82. (1) Where a banker in good faith and in the ordinary course
of business pays a cheque drawn on him which is not indorsed or
is irregularly indorsed, he does not, in doing so, incur any liability
by reason only of the absence of, or irregularity in, indorsement,
and he is deemed to have paid it in due course.
(2) Where a banker in good faith and in the ordinary course of
business pays any such instrument as the following, namely:
(a) a document issued by a customer of his which, though
not a bill of exchange, is intended to enable a person to
obtain payment from him of the sum mentioned in the
document;
(b) a draft payable on demand drawn by him upon himself,
whether payable at the head office or some other office
of his bank,
he does not, in doing so, incur any liability by reason only of the
absence of, or irregularity in, indorsement, and the payment discharges
the instrument.
Rights of bankers collecting cheques not indorsed by holders
83.  A banker who gives value for, or has a lien on, a cheque
payable to order which the holder delivers to him for collection
without indorsing it, has such (if any) rights as he would have had
if, upon delivery, the holder had indorsed it in blank.
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Unindorsed cheques as evidence of payment
84.  An unindorsed cheque which appears to have been paid by
the banker on whom it is drawn is evidence of the receipt by the
payee of the sum payable by the cheque.
Protection of bankers collecting payment of cheques, or certain
other instruments
85. (1) Where a banker, in good faith and without negligence--
(a) receives payment for a customer of an instrument to
which this section applies; or
(b) having credited a customer's account with the amount of
such an instrument, receives payment thereof for himself,
and the customer has no title, or a defective title, to the instrument,
the banker does not incur any liability to the true owner of the
instrument by reason only of having received payment thereof.
(2) This section applies to the following instruments, namely:
(a) cheques (including cheques which under section 81A or
otherwise are not transferable);
(b) any document issued by a customer of a banker which,
though not a bill of exchange, is intended to enable a
person to obtain payment from that banker of the sum
mentioned in the document;
(c) any draft payable on demand drawn by a banker upon
himself, whether payable at the head office or some other
office of his bank.
(3) A banker is not to be treated for the purposes of this section
as having been negligent by reason only of his failure to concern
himself with absence of, or irregularity in, indorsement of an
instrument.
Application of certain provisions to instruments not being bills
of exchange
86.  The provisions of this Act relating to crossed cheques shall,
so far as applicable, have effect in relation to instruments (other
than cheques) to which section 85 applies as they have effect in
relation to cheques.
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Bills of Exchange
Saving
87.  The provisions of sections 82 to 86 do not make negotiable
any instrument which apart from them is not negotiable.
PART IV
PROMISSORY NOTES
Promissory note defined
88. (1) A promissory note is an unconditional promise in writing
made by one person to another signed by the maker, engaging to
pay, on demand or at a fixed or determinable future time, a sum
certain in money, to, or to the order of, a specified person or to
bearer.
(2) An instrument in the form of a note payable to maker's
order is not a note within the meaning of this section unless and
until it is indorsed by the maker.
(3) A note is not invalid by reason only that it contains also a
pledge of collateral security with authority to sell or dispose thereof.
(4) A note which is, or on the face of it purports to be, both
made and payable within Malaysia is an inland note. Any other
note is a foreign note.
Delivery necessary
89.  A promissory note is inchoate and incomplete until delivery
thereof to the payee or bearer.
Joint and several notes
90. (1) A promissory note may be made by two or more makers,
and they may be liable thereon jointly, or jointly and severally
according to its tenor.
(2) Where a note runs "I promise to pay" and is signed by two
or more persons it is deemed to be their joint and several note.
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Note payable on demand
91. (1) Where a note payable on demand has been indorsed, it
must be presented for payment within a reasonable time of the
indorsement. If it be not so presented, the indorser is discharged.
(2) In determining what is a reasonable time, regard shall be
had to the nature of the instrument, the usage of trade, and the facts
of the particular case.
(3) Where a note payable on demand is negotiated, it is not
deemed to be overdue, for the purpose of affecting the holder with
defects of title of which he had no notice, by reason that it appears
that a reasonable time for presenting it for payment has elapsed
since its issue.
Presentment of note for payment
92. (1) Where a promissory note is in the body of it made payable
at a particular place, it must be presented for payment at that place
in order to render the maker liable. In any other case, presentment
for payment is not necessary in order to render the maker liable.
(2) Presentment for payment is necessary in order to render the
indorser of a note liable.
(3) Where a note is in the body of it made payable at a particu-
lar place, presentment at that place is necessary in order to render
an indorser liable; but when a place of payment is indicated by
way of memorandum only, presentment at that place is sufficient
to render the indorser liable, but a presentment to the maker else-
where, if sufficient in other respects, shall also suffice.
Liability of maker
93.
The maker of a promissory note by making it--
(a) engages that he will pay it according to its tenor;
(b) is precluded from denying to a holder in due course the
existence of the payee and his then capacity to indorse.
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Application of Part II to notes
94. (1) Subject to the provisions in this Part, and except as by this
section provided, the provisions of this Act relating to bills of
exchange apply, with the necessary modifications, to promissory
notes.
(2) In applying those provisions the maker of a note shall be
deemed to correspond with the acceptor of a bill, and the first
indorser of a note shall be deemed to correspond with the drawer
of an accepted bill payable to drawer's order.
(3) The following provisions as to bills do not apply to notes,
namely, provisions relating to--
(a) presentment for acceptance;
(b) acceptance;
(c) acceptance supra protest;
(d) bills in a set.
(4) Where a foreign note is dishonoured, protest thereof is
unnecessary.
PART V
SUPPLEMENTARY
Good faith
95.  A thing is deemed to be done in good faith, within the
meaning of this Act, where it is in fact done honestly whether it
is done negligently or not.
Signature
96. (1) Where, by this Act, any instrument or writing is required
to be signed by any person, it is not necessary that he should sign
it with his own hand, but it is sufficient if his signature is written
thereon by some other person by or under his authority.
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(2) In the case of a corporation, where by this Act, any instrument
or writing is required to be signed, it is sufficient if the instrument
or writing be sealed with the corporate seal.
But nothing in this section shall be construed as requiring the
bill or note of a corporation to be under seal.
Computation of time
97. (1) Where, by this Act, the time limited for doing any act or
thing is less than three days, in reckoning time, non-business days
are excluded.
(2) "Non-business days" for the purpose of this Act mean--
(a) Sundays;
(b) bank or public holidays;
(c) Saturdays, in the case of bills drawn payable in a foreign
currency.
(3) Any other day is a business day.
When noting equivalent to protest
98.  For the purposes of this Act, where a bill or note is required
to be protested within a specified time or before some further
proceeding is taken, it is sufficient that the bill has been noted for
protest before the expiration of the specified time or the taking of
the proceeding; and the formal protest may be extended at any
time thereafter as of the date of the noting.
Protest when notary not accessible
99. (1) Where a dishonoured bill or note is authorized or required
to be protested, and the services of a notary cannot be obtained
at the place where the bill is dishonoured, any Magistrate of the
First Class may give a certificate signed and sealed by him, attesting
the dishonour of the bill, and the certificate shall in all respects
operate as if it were a formal protest of the bill.
(2) Any Magistrate acting under subsection (1) shall, as far as
may be, be guided by any rules having the force of law for the
time being in force which may have been promulgated for the
guidance of notaries public.
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(3) The Yang di-Pertuan Agong may by notification in the Gazette
prescribe the fees payable on issue of certificates under subsection
(l), and may in like manner prescribe the form of such certificates.
Dividend warrants and banker's draft may be crossed
100.  The provisions of this Act as to crossed cheques shall apply
to a warrant for payment of dividend and to a banker's draft.
Savings
101. (1) The rules in bankruptcy relating to bills of exchange,
promissory notes, and cheques shall continue to apply thereto
notwithstanding anything in this Act contained.
(2) Subject to the provisions of any written law for the time
being in force, the rules of the common law of England, including
the law merchant, shall, save in so far as they are inconsistent with
the express provisions of this Act, apply to bills of exchange,
promissory notes, and cheques.
(3) Nothing in this Act or in any repeal effected thereby shall
affect--
(a) the provisions of any written law for the time being in
force relating to revenue;
(b) the provisions of any written law for the time being in
force relating to joint stock banks or companies;
(c) the validity of any usage relating to dividend warrants,
or the indorsement thereof.
Repeal
102.  The Bills of Exchange Enactment of the Federated Malay
States [Cap. 56] and the Negotiable Instruments Enactment of
Johore [Johore En. No. 86] are hereby repealed.
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LAWS OF MALAYSIA
Act 204
BILLS OF EXCHANGE ACT 1949
LIST OF AMENDMENTS
Amending law
Short title
In force from
F.M. Ord. 30/1959
Bills of Exchange (Amendment
01-08-1959
and Extension) Ordinance 1959
L.N. 260/1965
Modification of Laws (Bills of
01-07-1965
Exchange) (Extension) Order 1965
P.U. (A) 431/1969
Emergency (Essential Powers)
30-10-1969
Ordinance No. 9, 1969
Act A41
Bills of Exchange (Amendment)
30-04-1971
Act 1971
Act A1012
Bills of Exchange (Amendment)
s. 3, 01-11-1997;
Act 1998
s. 2, 4, 5 and 6,
01-07-1998
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LAW OF MALAYSIA
Act 204
BILLS OF EXCHANGE ACT 1949
LIST OF SECTIONS AMENDED
Section
Amending authority
In force fom
Long title
Ord. 30/1959
01-08-1959
1
Ord. 30/1959
01-08-1959
2
Act A41
30-04-1971
14
Act A41
30-04-1971
73A
Act A1012
01-11-1997
74A
Act A1012
01-11-1997
80
Act A1012
01-11-1997
81A
Act A1012
01-11-1997
82
Ord. 30/1959
01-08-1959
82A
Ord. 30/1959
01-08-1959
82B
Ord. 30/1959
01-08-1959
82C
Ord. 30/1959
01-08-1959
82D
Ord. 30/1959
01-08-1959
Ord. 30/1959
01-08-1959
82E
85
Act A1012
01-11-1997
92
Act A41
30-04-1971
94
Ord. 30/1959
01-08-1959
95
Ord. 30/1959
01-08-1959
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA