BILLS OF EXCHANGE ACT 1909 - SECT 41 Negotiation of overdue or dishonoured bill

BILLS OF EXCHANGE ACT 1909 - SECT 41

  (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 or she 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.