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Section 35: Negotiation of overdue or dishonoured bill

Bills Of Exchange Act · PART I: BILLS OF EXCHANGE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

35. Negotiation of overdue or dishonoured bill (1) Where a bill is negotiable in its origin, it continues to be negotiable until it has been restrictively indorsed, or 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 from then on 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 has been in circulation for a period of over one year from the time of issue. (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 to it at the time of dishonour, but nothing in this section shall affect the rights of a holder in due course.

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