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91.-(1.) Where, by this Act, any instrument or writing is Signature. required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority.
(2.) In the case of a corporation, where, by this Act, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal.
But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal.
92. Where, by this Act, the time limited for doing any act or Computation thing is less than three days, in reckoning the time, non-business of time. days are excluded.
“Non-business days” for the purposes of this Act mean-
Acts amending it:
thanksgiving day Any other day is a business day.
93. For the purposes of this Act, where a bill or note is When noting required to be protested within a specified time or before some
protest. further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.
94. Where a dishonoured bill or note is authorised or required Protest when to be protested, and the services of a notary cannot be obtained notes not at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.
The form given in Schedule 1 to this Act may be used with necessary modifications, and if used shall be sufficient.
95. The provisions of this Act as to crossed cheques shall Dividend apply to a warrant for a payment of dividend.
97.-1.) The rules in bankruptcy relating to bills of exchange Savings_83 & 34 promissory notes, and cheques, shall continue to apply thereto 25 & 26Vict.c.89. notwithstanding anything in this Act contained.
(2.) The rules of common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply. to bills of exchange, promissory notes, and cheques.
Construction with other Acts, &c.
(3.) Nothing in this Act or in any repeal effected thereby shall affect(a.) The provisions of the Stamp Act, 1870, or Acts amending
it, or any law or enactment for the time being in force
relating to the revenue. (6.) The provisions of the Companies Act, 1862, or Acts
amending it, or any Act relating to joint-stock banks or
companies : (c.) The provisions of any Act relating to or confirming the
privileges of the Bank of England or the Bank of
Ireland respectively: (d.) The validity of any usage relating to dividend warrants,
or the indorsement thereof.
in the United Kingdom, at the request of C. D., there being no notary public available, did on the day of
188 at demand payment (or acceptance) of the bill of exchange hereunder written, from E, F., to which demand he made answer [state answer, if any] wherefore I now, in the presence of G. H. and J. K., do protest the said bill of exchange.
(Signed) A. B.
5. K. Witnesses.
N. B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.
BILLS OF LADING.
18 & 19 Vict. c. 111. Rights of con- 1. Every consignee of goods named in a bill of lading, and signee or indorsee.
every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass upon, or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of
lading had been made with himself. Not to affect 2. Nothing herein contained shall prejudice or affect any right right of stoppage of stoppage in transitu, or any right to claim freight against the or claim or original shipper or owner, or any liability of the consignee or freight
indorsee by reason of his being such consignee or indorsee, or of his receipt of the goods by reason of such consignment or indorsement.
3. Every bill of lading in the hands of a consignee or indorsee Evidence of for valuable consideration representing goods to have been shipment. shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board.(a)
Proviso: The master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or holder, or some person under whom the holder claims.
The Stamp Act, 1870.
33 & 34 VICT. C. 97. 56.-(1.) A bill of lading is not to be stamped after the execu- Stamp duty. tion thereof.
(2.) Every person who makes or executes any bill of lading not duly stamped shall forfeit the sum of 501.
BILLS OF SALE.
33 & 34 VICT. C. 97. 57. A copy of a bill of sale is not to be filed in any court, Stamp duty. unless the original, duly stamped, is produced to the proper officer.
The Bills of Sale Act, 1878.
41 & 42 VICT, c. 31. 2. This Act shall come into operation on the 1st day of CommencoJanuary, 1879, which day is in this Act referred to as the commencement of this Act.
3. This Act shall apply to every bill of sale executed on or Application of
(a) The owner is not estopped by the signature of the master from showing that the goods or some of them were never put on board : (Brown y. Powell, Duffryn, &c., Company, 32 L. T. 621.)
Interpretation of terms.
after the 1st day of January, 1879 (whether the same be absolute, or subject, or not subject, to any trust), whereby the holder or grantee has power, either with or without notice, and either immediately, or at any future time, to seize or take possession of any personal chattels comprised in or made subject to such bill of sale.
4. In this Act the following words and expressions shall have the meanings in this section assigned to them respectively, unless there be something in the subject or context repugnant to such construction; (that is to say,)
The expression “bill of sale” shall include bills of sale,
assignments, transfers, declarations of trust without transfer, inventories of goods with receipt thereto attached, or receipts for purchase moneys of goods and other assurances of personal chattels, and also powers of attorney, authorities, or licences to take possession of personal chattels as security for any debt, and also any agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels, or to any charge or security thereon, shall be conferred, but shall not include the following documents; that is to say, assignments for the benefit of the creditors of the person making or giving the same, marriage settlements (a), transfers, or assignments of any ship, or vessel, or any share thereof, transfers of goods in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, India warrants, warehousekeepers' certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such docu
ment to transfer or receive goods thereby represented : The expression “personal chattels” shall mean goods,
furniture, and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fixtures and growing crops, but shall not include chattel interests in real estate, nor fixtures (except trade machinery as hereinafter defined), when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on which they grow, nor shares or interests in the stock, funds, or securities of any government, or in the capital or pro
(a) I.e., ante-nuptial settlements : (Fowler v. Foster, 28 L. J. 210, Q. B.)
perty of incorporated or joint stock companies, nor choses
or giving of such bill of sale :
possession ” of the person making or giving a bill of sale,
may have been taken by or given to any other
provisions of this Act. 5. From and after the commencement of this Act, trade " Trade machimachinery shall, for the purposes of this Act, be deemed to be nery." personal chattels, and any mode of disposition of trade machinery by the owner thereof which would be a bill of sale as to any other personal chattels shall be deemed to be a bill of sale within the meaning of this Act. For the purposes of this Act, “ Trade machinery means the machinery used in or attached to any factory or workshop. 1st. Exclusive of the fixed motive-powers, such as
the water-wheels and steam-engines, and the
appurtenances of the said motive-powers; and,
the shafts, wheels, drums, and their fixed
and loose ; and,
in the factory or workshop.
section from the definition of trade
manual labour is exercised by way of trade, or for workshop."
of an article ; or,