A Synopsis of the Bills of Exchange Acts of England and Wales: And the Colonies of Victoria, New South Wales, South Australia, Queensland, Western Australia, Tasmania and New ZealandMcCarren, Bird, 1892 - 80ÆäÀÌÁö |
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3 ÆäÀÌÁö
... appear in small type . The existence of variations is indicated by the " Action " includes [ ] counter - claim and use of brackets [ ] . Different numberings of sections are stated in the margin . THE BILLS OF EXCHANGE ACT . 3.
... appear in small type . The existence of variations is indicated by the " Action " includes [ ] counter - claim and use of brackets [ ] . Different numberings of sections are stated in the margin . THE BILLS OF EXCHANGE ACT . 3.
4 ÆäÀÌÁö
... Action " includes [ ] counter - claim and set - off . New South Wales . - Insert in [ ] suit in equity . " Australasia " means and includes Australia , Tasmania , New Zealand , and the Fiji Islands . Tasmania . - For " Action " includes ...
... Action " includes [ ] counter - claim and set - off . New South Wales . - Insert in [ ] suit in equity . " Australasia " means and includes Australia , Tasmania , New Zealand , and the Fiji Islands . Tasmania . - For " Action " includes ...
19 ÆäÀÌÁö
... 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 ...
... 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 ...
45 ÆäÀÌÁö
... small type . The existence of variations is indicated by the Holder's right to duplicate of lost bill . Action on use of brackets [ ] Different numberings of sections are stated in the margin . THE BILLS OF EXCHANGE ACT . 45.
... small type . The existence of variations is indicated by the Holder's right to duplicate of lost bill . Action on use of brackets [ ] Different numberings of sections are stated in the margin . THE BILLS OF EXCHANGE ACT . 45.
46 ÆäÀÌÁö
... Action on lost bill . Lost Instruments . Victoria . - Insert ( 9 ) before heading . 69. Where a bill has been lost before it is overdue , ( V. , Q. , W.A. 70. ] the person who was the holder of it may apply to the drawer to give him ...
... Action on lost bill . Lost Instruments . Victoria . - Insert ( 9 ) before heading . 69. Where a bill has been lost before it is overdue , ( V. , Q. , W.A. 70. ] the person who was the holder of it may apply to the drawer to give him ...
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acceptor for honour Acts amending appear in small Australia.-For authorised Bank Holidays Act bankrupt bill is dishonoured bill is drawn bill is due bill payable Bills of Exchange cheque is crossed colony Companies Act Companies Act 1862 court crossed specially day of grace deemed delivery dishonoured by non-acceptance drawee or acceptor drawer or indorser due and payable due course Exchange Act existence of variations give notice holder in due individual or firm Inland Bills instrument large type ment notice of dishonour original English party liable payable on demand payee payment of Inland person place of payment presented for payment Promissory Notes Provided qualified acceptance Queensland Queensland.-For words read Division read insolvency relating to bills signature small type South Australia South Wales sub-section substitute the following suprà protest Tasmania thereof variations is indicated Variations N.B. Variations N.B.-The text Variations therefrom appear Vict Victoria Victoria.-Insert Western Australia writ Zealand
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5 ÆäÀÌÁö - Perhaps the best definition of a bill of exchange yet conceived is that in the English Bills of Exchange Act, of 1882, which says: "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.
18 ÆäÀÌÁö - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
28 ÆäÀÌÁö - Delay in Giving Notice — How Excused Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
15 ÆäÀÌÁö - 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.
17 ÆäÀÌÁö - 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.
18 ÆäÀÌÁö - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
19 ÆäÀÌÁö - 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.
26 ÆäÀÌÁö - A bill is dishonored by non-acceptance: 1. When it is duly presented for acceptance, and such an acceptance as is prescribed by this act is refused or cannot be obtained; or 2. When presentment for acceptance is excused, and the bill is not
15 ÆäÀÌÁö - ... the delivery may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
19 ÆäÀÌÁö - A bill is negotiated when it is transferred from one person to another in such a manner as to constitute the transferee the holder of the bill.