CHAPTER VI.

OF PAYMENT AND INTEREST.

To whom payment should be made.

Interest when rate specified .

Interest when no rate specified .

Delivery up of instrument on payment, or indemnity in

case of loss

78

79

80

121

I 22

CHAPTER VII.

OF Discharge from LIABILITY ON Notes,

BillS AND CHEQUES.

Discharge from liability-.

(a)

by cancellation;

(6) by release;

(c) by payment.

Discharge by allowing drawee more than twenty-four hours

to accept .

When cheque not duly presented and drawer damaged

thereby

Cheque payable to order

Parties not consenting discharged by qualified or limited

acceptance.

Effect of material alteration

Alteration by indorsee

Acceptor or indorser bound notwithstanding previous

alteration

Payment of instrument on which alteration is not apparent.

Extinguishment of rights of action on bill in acceptor's

hands.

CHAPTER IX.

OF NOTING AND PROTEST.

SECT.

PAGE.

99

.

100

100

Noting

Protest

Protest for better security

Contents of protest

Notice of protest

Protest for non-payment after dishonor by non-acceptance.

Protest of foreign bills

IOI

158

159

159

161

162

163

163

OF ACCEPTANCE AND PAYMENT FOR HONOR AND

REFERENCE IN CASE OF NEED.

Acceptance for honor

How acceptance for honor must be made

Acceptance not specifying for whose honor it is made

Liability of acceptor for honor

When acceptor for honor may be charged

Payment for honor

Rights of payer for honor
Drawee in case of need
Acceptance and payment without protest

169

170

171

171

171

172

• 173

173

173

Special Rules of Evidence-(contd.)

(e) as to order of indorsements;

(f) as to stamp;

(g) that holder is a holder in due course.

Presumption on proof of protest

Estoppel against denying original validity of instrument.

Estoppel against denying capacity of payee to indorse

Estoppel against denying signature or capacity of prior

party

.

CHAPTER XIV.

OF CROSSED CHEQUES.

Cheque crossed generally

Cheque crossed specially

Crossing after issue

Payment of cheque crossed generally

Payment of cheque crossed specially

Cheque crossed specially more than once not to be paid..

Payment in due course of crossed cheque.

Payment of crossed cheque out of due course

Cheque bearing words “not negotiable”.

Non-liability of banker receiving payment of cheque .

.

182

183

183

183

184

125

126

126

127

128

184

.

129

130

131

184

184

185

. 187

OF INTERNATIONAL Law.

Law governing liability of maker, acceptor or indorser of

foreign instrument

Law of place of payment governs dishonor

Instrument made, &c., out of British India, but in accord.

ance with its law

Presumption as to foreign law

SCHEDULE

APPENDIX.

(Provisions of Miscellaneous Enactments affecting Negotiable

Instruments).

Comparative Statement showing the corresponding Sections of the Indian Act (XXVI of 1881), and the English

Act (45 & 46 Vict. c. 61.)

Indian Act.

English Act.

Indian Act.

English Act.

I

89 (2)

2

2 3 4 5

see s. 63 (2) see s. 54 (6) (c)

28 (1), (2)

2

6 7 8 9 10 II 12 13 14

2

4(1)

(2)

I

37 38

39 83 (1) 89

40 3 (1), 3 (3), 6 (1)

41 7 (1), 9 (1), (a) (c) (d), 42 73

43 15, 17 (1), 65 (1) 44

45
29 (1), (a) (b)

46 para. I
59 (1)
4(1), 83 (4)

3

4 8

5 31 (1), see also s. 247

(issue)
32 (I), 56
34 (1), (2)

50
51

52
10 (1), (6)

54 10 (1), (a), 11 (1) 55 14 (1)

56
14 (2), (3)

57
14 (2) (3)
14 (1), (a) (6) 59

бо
22 (1)

(2) (1)

3

21 (1)

(2), (a) , (2), (6) 31 (2) 32 (3) 31 (2) 31 (3) 34 (4) 35 (1) 32 (3), 36 (1)

49

5 (2)
9 (2)

see s. 33

20

15 16 17 18 19 20 21 22 para. 2 23 24 25

Expla.

29 (3)
34 (1)
35 (2), (3)
32 (2)

26 para. I

61 para. I

2

3

39 (1) 41 (2), (6) 39 (2) 39 (2), 89 (1)

see 42

27 28 29 30 31 32

26 (1), 35 (5)

55 (1)

87 (1) 45 (3) 45 (1)

54 (1), 88 (1)

6 (2) 55 (2) 10 (2)

52 (1), (2) 45 (4), (a) 45 (4), (c) 45 (4), (d) 74 (1)

36