« PreviousContinue »
Action on lost bill.
Rules as to sets.
If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.
70. In any action 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.
Bill in a Set. 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 bolders 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 sub-section 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 withont requiring the part bearing his 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. 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 :1. The validity of a bill as regards requisites in form is deter
mined by the law of the place of issue, and the validity as regards requisites in form of the supervening contracts, such as acceptance, or indorsement, or acceptance suprà protest, is determined by the law of the place where such contract was made.
Rules where laws conflict.
is not invalid by reason only that it is not stamped
in accordance with the law of the place of issue :
forms, as regards requisites in form, to the law of
parties to it in the United Kingdom.
of the drawing, indorsement, acceptance, or acceptance
the place where such contract is made.
country, the indorsement shall, as regards the payer,
acceptance or payment and the necessity for or suffi-
act is done or the bill is dishonored.
Kingdom and the sum payable is not expressed in the
the place of payment on the day the bill is payable.
another, the due date thereof is determined according
CHEQUES ON A BANKER. 73. A cheque is a bill of exchange drawn on a banker pay- Cheque defined. able on demand.
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. 74, Subject to the provisions of this Act
Presentment of cheque for payment.
(1.) 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 than he would have been
had such cheque been paid. (2.) 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
(3.) 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
(1.) Countermand of payment:
Revocation of banker's authority.
Crossed Cheques. General and 76. (1.) Where a cheque bears across its face an addition special cross ofings defined.
(a.) The words and company" or any abbreviation thereof
between two parallel transverse lines, either with or
without the words “not negotiable”; or (6.) Two parallel transverse lines simply, either with or
without the words “not negotiable”; that addition constitutes a crossing, and the cheque is crossed generally.
(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 77. (1.) A cheque may be crossed generally or specially by drawer or after the drawer. issue.
(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.
78. A crossing authorised by this Act is a material part of Crossing a the cheque; it shall not be lawful for any person to obliterate material part
of cheques. or, except as authorised by this Act, to add to or alter the crossing.
79. (1.) Where a cheque is crossed specially to more than Duties of one banker except when crossed to an agent for collection being banker as to
crossed a banker, the banker on whom it is drawn shall refuse payment thereof.
cheques. (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 authorised 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 authorised 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.
80. Where the banker, on whom a crossed cheque in drawn, Protection in good faith and without negligence pays it, if crossed general. banker and to ly, to a banker, and if crossed specially, to the banker to whom drawer where it is crossed, or his agent for collection being a banker, the
crossed. 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 had been made to the true owner thereof.
Effect of crossing on holder.
Protection to collecting banker.
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.
82. Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title or a defective title thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Promissory note defined.
PROMISSORY NOTES. 83. (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 the British Islands is an inland note. Any other note is a foreign note.
84. A promissory note is inchoate and incomplete until delivery thereof to the payee or bearer.
85. (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.
86. (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
Joint and several notes.
Note payablo on demand.