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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... cheques and promissory notes exists , quite as strongly as in Melbourne , Sydney , or any other colonial centre . The method adopted to indicate variations between the different Acts is as follows , viz .: the section as given in the ...
... cheques and promissory notes exists , quite as strongly as in Melbourne , Sydney , or any other colonial centre . The method adopted to indicate variations between the different Acts is as follows , viz .: the section as given in the ...
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... CHEQUES , AND PROMISSORY NOTES . [ 45 & 46 VICT . c . 61. - 18TH AUGUST , 1882. ] Victoria . [ An Act to consolidate the Law Relating to Instruments and Securities , 54 Vict . No. 1103-10th July 1890. ] New South Wales . — [ 51 Vict ...
... CHEQUES , AND PROMISSORY NOTES . [ 45 & 46 VICT . c . 61. - 18TH AUGUST , 1882. ] Victoria . [ An Act to consolidate the Law Relating to Instruments and Securities , 54 Vict . No. 1103-10th July 1890. ] New South Wales . — [ 51 Vict ...
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... Cheques and Promissory Notes . Division 1 .-— Bills of Ex- change . Division 2 . - Cheques on a Banker . } ( 1 ) Form and Interpretation ss . 4-22 . ( 2 ) Capacity and authority of Parties ss . 23-27 . ( 3 ) The Consideration for a Bill ...
... Cheques and Promissory Notes . Division 1 .-— Bills of Ex- change . Division 2 . - Cheques on a Banker . } ( 1 ) Form and Interpretation ss . 4-22 . ( 2 ) Capacity and authority of Parties ss . 23-27 . ( 3 ) The Consideration for a Bill ...
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... cheques on bankers in existence or effected before the commencement of this Act and all contracts agree- ments liens pledges or other act matter or thing made entered into or done before the commencement of this Act shall have and be of ...
... cheques on bankers in existence or effected before the commencement of this Act and all contracts agree- ments liens pledges or other act matter or thing made entered into or done before the commencement of this Act shall have and be of ...
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... appear in small type . The existence of variations is indicated by the E Cheque defined . ( 4. ) Where a bill is use of brackets [ ] . Different numberings of sections are stated in the margin . THE BILLS OF EXCHANGE ACT . 49.
... appear in small type . The existence of variations is indicated by the E Cheque defined . ( 4. ) Where a bill is use of brackets [ ] . Different numberings of sections are stated in the margin . THE BILLS OF EXCHANGE ACT . 49.
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42 Vict acceptor for honour Act for declaring Act to amend Acts amending amend the laws appear in small Bank Holidays Act better payment bill is dishonoured bill payable Bills of Exchange change and Promissory cheque is crossed colony Companies Act 1862 crossed specially day of grace deemed discharged dishonoured by non-acceptance drawn payable due course ENACTMENTS Exchange Act existence of variations holder in due individual or firm indorser Inland Bills instrument large type Law relating limited sum ment Mercantile Law Notes and Inland notice of dishonour original English payable on demand payee payment of Inland person presented for payment provisions Queensland Queensland.-For words read Companies read insolvency relation to Bills restrain the negotiation signature small type South Australia South Wales Stamp Act suprà protest Tasmania thereof TITLE OF ACT variations is indicated Variations N.B. Variations N.B.-The text Variations therefrom appear 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.