-
.
CONTENTS
Preface .
. page xi
Table of
Cases.
Table
of Statutes
xiii
xxxiii
From the Introduction to the Third Edition (1883) .
xxxvii
American Negotiable Instruments Law
xi
BILLS OF EXCHANGE ACT, 1882
PRELIMINARY
SECTION
1. Short tide of the Act
Local
extent
constmction
2. Interpretation of terms
page
3
3-4
5
and
FORM AND INTERPRETATION OF INSTRUMENTS
3. Bill of exchange defined
4. Inland and foreign bills
5. Effect where different parties to bill are the same person
6. Address to drawee .
7. Certainty required as to payee .
..
8. What bills are negotiabIe .
9. Sum payable .
10. Bill payable on demand
11. BilI payabIe at a future time
12. Omission of date in bill or acceptance
13. Ante-dating and post-dating
14. Computation of time of payment
15. Case of need
16. SpeciaI stipuIations by drawer or indorser
.
. 13-18 19
20 22
23 27
29
32
33 34 35
36 39
40
41
44 45
47
51
54
17. Definition and requisites of acceptance
18. Time for acceptance .
19. General and qualified acceptances
20. IncompIete instrument or blank signature .
21. Delivery.
Contracts on bill are contracts in writing
CAPACITY AND AUTHORITY
PARTIES
22. Capacity of parties.
Disabilities of bankers
23. Sİgnature essentiaI to Iiability
Partners.
24. Forged or unauthorised sİgnature
v
OF
59
64
65
66
70
vı
Contents
SECTION
25. Procuration signatures
26. Person signing as agent or in representative capacity
page
74
77
CONSIDERATION FOR BıLLS
27. Value defined .
Holder for value
28. Accommodation bill or party
29. Holder in due course
30. Presumption of value and good faith
Rules as to impeachment of value
80
84
87
88
93
95
TRANSFER OF BıLLS
31. Negotiation of bill
32. Requisites of a valid indorsement
33. Conditional indorsement .
34. Indorsement in blank
Special indorsement .
35. Restrictive indorsement
36. Negotiation of overdue or dishonoured bill .
37. Negotation of bill to partyaiready liable thereon
. 38. Rights of the holder .
Rights of action and proof
Transmission by act of law
Transfer by assignment
105
108
111
111
112
113
115
119
120
121
124
126
GENERAL DUTIES OF THE
HOLDER 39. Presentment for acceptance, when necessary
40. Time for presenting bill payable after sight .
41. Rules as to presentment for acceptance
42. Non-acceptance after customary time for consideration 43.
Dishonour by non-acceptance, and its consequences 44.
Duties as to qualified acceptances
45. Rules as to presentment for payment .
46. Excuses for non-presentment and delay
47. Dishonour by non-payment
48. Notice of dishonour and effect of non-notice
49. Rules as to notice of dishonour .
50. Excuses for non-notice and delay
51. Noting or protest of bill .
52. Duties of holder as regards payor
129
130
131
134
135
136
137
142
144
145
146
154
159
164
LlABlLITlES OF PARTlES
53. Funds in hands of drawee .
Relations of holder and drawee .
Relations of drawer and drawee. 54. Liability of
acceptor . 55. Liability of drawer .
Liability of indorser .
56. Who liable as indoıser
57. Measure of damages against parties to dishonoured bill 58.
Transferor by delivery and transferee .
Accommodation party and person accommodated
167
168
169
171
172
173
174
176
181
183
.
.
Content
s
vii
DISCHARGE OF Bnıs
SECIION
~
59. Payment in due eourse
Aeeommodation bill .
Reeovery of money paid by mistake .
60. Banker paying demand draft whereon indorsement is forged .
61. Coincidenee of right and liability
62. Express waiver or renuneiation .
63. Caneel1ation
64. Alteration of bill
Discharge of surety by dealings with principal
Who are principal and surety
Renewal .
"
..
ACCEPTANCE AND PAYMENT FOR
HONOUR 65. Aceeptance for honour
66. Liability of acceptor for honour.
67. Presentment to acceptor for honour or case of need
68. Payment for honour supra protest
page
185
190
190
194
196
197
199
200
205
207
210
212
213
214
215
LOST INSTR UMENTS
69. Holder's right to duplicate of lost bill.
70. Action on lost bill
217
217
BILL IN ASET
71. Rules as to sets
219
CONFLICT OF LA WS
72. Rules where laws conflict
221
.
CHEQUES ON A BANKER
73. Cheque defined
74. Presentment of cheque for payment
75. Revoeation of banker's authority to pay
Relations of banker and customer
76. General and special crossings defined .
77. Crossing by drawer or after issue
78. Crossing a material part of cheque
79. Duties of banker as to crossed cheques
80. Protection to banker and drawer where cheque is
crossed 81. Effect of "not negotiable" crossing
82. Protection to coııecting banker.
Cheques drawn a/c payee .
231
234
237
240
246
247
247
248
249
250
251
253
PROMISSORY
83. Promissory note defined NOTES
84. Delivery neeessary to complete note .
85. Joint and several notes
86. Notes payable on demand.
87. Presentment for payment .
88. Liability of maker
89. Application to notes of provisions as to bills of exchange
259
264
264
265
266
267
268
viii
Con ten
ts
SUPPLEMENTARY
SECTION
90. Good faith
91. Signatures by agents .
Seal or signature of corporation.
92. Computation of time
93. When noting equivalent to protest
94. Protest by householder
95. Dividend warrants may be crossed
96. Repeals .
97. General savings
98. Saving of summary diligence in Scotland
99. Construction of act with other acts or
documents
100. Amendment of Scotch law of evidence
SCHEDULES
TO
ACT
I.-Form of protest by householder. II.-Enactments
repealed .
LIMITATIONS
Statute of Limitations
SECURITIES FOR BILLS OF EXCHANGE
Rights of drawer
Rights of drawee or acceptor
Rights of holder
Rule in Ex p. Waring. Rights of
surety on bill
PAYMENT BY BILL, NOTE OR CHEQUE
General rule as to payment
Bill or note as collateral security .
Conditional payment .
Creditor holding higher security .
Etfect of laches .
Bill or note as absolute payment .
By bill for less sunı than debt
Cheque sent in settlement received on account
Bill as evidence of debt
Payment of debts through post.
page
271
273
275
277
277
277
278
278
278.
282
282
282
284
285
287
293
293
296
298
299
300
301
301
302
303
305
305
305
306
307
NEGOTIABLE SECURITIES FOR MONEY Tests
of negotiability .
Bank notes
Bank post bills .
Foreign bonds to bearer
Non-liability of foreign government
Circular notes
Debentures
Deposit notes.
Dividend warrants
Exchequer bonds and bills
.
Payand pension warrants .
308 309
309
310
312
313
313
316
317
317
318
Contents
IX
SECTIO
page
N
318
319
319
321
321
Post office orders
Seriı>
:sD.uc ccrtiIicates and transfers
Treasury biJIs .
Warranty of tide and genuineness
APPENDICES
FORMS
Inland Bill of Exchange
Foreign BiJI of Exchange.
Foreign BiJI of Exchange.
Promissory Note
Treasury Bill
323
323
323
324
324
324
324
325
325
325
..
Notice of Dishonour [or Protest] to Drawer.
Natice of Dishonour [or Protest] to Indorser
Notice to Drawer of Partial Acceptance
English Protest for Non-Acceptance
Act of Honour
.
STATUTES
Judgments Act, 1838 .
Stamp Act, 1853
GcJmmon Law Procedure Act, 1854
Promissory Notes Actı 1863
Bank Holidays Act, 1871 .
Holidays Extension Act, 1875
Revenue Act, 1883
Stamp Act, 1891
Order in Council, March 29, 1923 (Irish Free State Stamps)
Finance Act, 1899
BiIls of Exchange (Crossed Cheques) Act, 1906
Bankruptey Act, 1914
BiIls of Exchange (Time of Noting) Act, 1917
Finance Act, 1918
Supreme Court of Judicature, (Consolidation) Act, 1925
BiIls of Exchange Act (1882) Amendment Act, 1932
County Courts Act, 1934 .
Exchange Control Act, 1947
Companies Act, 1948
Index
,
.
327
328
328
329
329
332
333
333
345
345
346
347.
348
349
349
350
350
351
351
355