Full legislation
s.59
Payment in due course
(1)
A bill is discharged by payment in due course by or on
behalf of the drawee or acceptor.
Payment
in due
course
(
按期付款
) 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.
[cf. 1882 c. 61 s. 59 U.K.]