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Time for acceptance.
General and qualified acceptances.
(6.) It must not express that the drawee will perform his pro
mise by any other means than the payment of money. 18. A bill may be accepted(1.) before it has been signed by the drawer, or while other
wise incomplete : (2.) When it is overdue, or after it has been dishonoured by
a previous refusal to accept, or by non-payment: (3.) When 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. 19. (1.) An acceptance is either (a) general or (b) qualified.
(2.) A general acceptance assents without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn.
In particular an acceptance is qualified which is-
acceptor dependent on the fulfilment of a condition
therein stated : (b) partial, that is to say, an acceptance to pay part only of
the amount for which the bill is drawn : (c) local, that is to say, an acceptance to pay only at a par
ticular specified place: An acceptance to pay at a particular place is a general accept
ance, unless it expressly states that the bill is to be
paid there only and not elsewhere: (d) qualified as to time : (e) the acceptance of some one or more of the drawees, but
not of all. 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 a primâ 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.
Inchoate in struments.
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.
21. (1.) Every contract on a bill, whether it be the drawer's, Delivery. 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.
(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 has 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. 22. (1.) Capacity to incur liability as a party to a bill is co- Capacity of extensive with capacity to contract.
parties. 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 an infant, 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.
23. No person is liable as drawer, indorser, or acceptor of a Signature bill who has not signed it as such : Provided that
liability. (1.) 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
Forged or unauthorised signature.
(2.) 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. 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.
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.
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.
Person signing as agent or in representative capacity.
Value and hold. er for value.
The Consideration for a Bill. 27. (1.) Valuable consideration for a bill may be constitated by,
(a.) Any consideration sufficient to support a simple contract; (6.) An antecedent debt or liability. Such a debt or lia
bility is deemed valuable consideration whether the bill
is payable on demand or åt 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 became 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
tion bill or
28. (1.) An accommodation party to a bill is a person who Accommodahas signed a bill as drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name
party. 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.
29. (1.) A holder in due course is a holder who has taken a Holder in due bill, complete and regular on the face of it, under the following course, conditions; namely, (a.) That he became the holder of it before it was overdue,
and without notice that it had been previously dis
honored, if such was the fact :
that at the time the bill was negotiated to him, he had
(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.
30. (1.) Every party whose signature appears on a bill is Presumption of primâ facie deemed to have become a party thereto for value. value and good
faith. (2.) Every holder of a bill is primâ 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. 31. (1.) A bill is negotiated when it is transferred from Negotiation of one person to another in such a manner as to constitute the bill. 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.
(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 indorse
32. An indorsement in order to operate as a negotiation must ment.
comply with the following conditions, namely,–
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 recognised, is deemed to be written on the bill
itself. (2.) 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. (3.) 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. (4.) Where, in a bill payable to order, the payee or indorsee
is wrongly designated, or his name is mis-spelt, he may indorse the bill as therein described, adding, if
he think fit, his proper signature. (5.) 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. (6.) An indorsement may be made in blank or special. It
may also contain terms making it restrictive. Conditional 33. Where a bill purports to be indorsed conditionally the indorsement.
condition may be disregarded by the payer, and payment to the
indorsee is valid whether the condition has been fulfilled or not. Indorsement in
34. (1.) An indorsement in blank specifies no indorsee, and blank and a bill so indorsed becomes payable to bearer. special indorsement.