A Commentary on the Bills of Exchange Act, 1882 (45 and 46 Victoria, Cap. 6l)

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Bell & Bradfute, 1904 - Banks and banking - 306 pages

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Contents

Sum payable
18
Bill payable on demand
20
Omission of date in bill payable after date
21
Antedating and postdating
22
Computation of time of payment
23
Case of need
25
Optional stipulations by drawer or indorser
26
Definition and requisites of acceptance
27
Time for acceptance
28
General and qualified acceptances
29
Inchoate instruments
31
Delivery
36
Capacity and Authority of Parties SECTION PAGE 22 Capacity of parties
37
Signature essential to liability
43
Forged or unauthorised signature
46
Procuration signatures
50
Person signing as agent or in representative capacity
53
The Consideration for a Bill 27 Value and holder for value
56
Accommodation bill or party
63
Holder in due course
66
Presumption of value and good faith
70
Negotiation of Bills 31 Negotiation of bill
72
Requisites of a valid indorsement
75
Conditional indorsement
78
Restrictive indorsement
79
Negotiation of over due or dishonoured bill
80
Negotiation of bill to party already liable thereon
83
General Duties of the Holder 39 When presentment for acceptance is necessary
85
Time for presenting bill payable after sight
86
Rules as to presentment for acceptance and excuses for non presentment
87
Nonacceptance
89
Dishonour by nonacceptance and its consequences
90
Duties as to qualified acceptances
91
Rules as to presentment for payment
92
Excuses for delay or nonpresentment for payment
96
Dishonour by nonpayment
98
Notice of dishonour and effect of nonnotice
99
Excuses for nonnotice and delay
106
Noting or protest of bill
108
Duties of holder as regards drawee or acceptor
113

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Common terms and phrases

Popular passages

Page 5 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed 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.
Page 88 - Where the drawee is a fictitious ,person or a person not having capacity to contract.
Page 31 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 101 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Page 110 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
Page 29 - An acceptance to pay at a particular place is a general acceptance, unless it expressly states that the bill is to be paid there only and not elsewhere. Sec. 141. An acceptance is qualified, which is : 1. Conditional, that is to say, which makes payment by the acceptor dependent on the fulfilment of a condition therein stated ; 2.
Page 67 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 29 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.
Page 175 - 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...
Page 54 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.

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