페이지 이미지
PDF
ePub

ferent person for the honor of another party.

Section 162. An acceptance for honor supra Acceptance protest must be in writing and indicate that it is for honor, suan acceptance for honor, and must be signed by pra protest, the acceptor for honor.

how made.

Section 163. Where an acceptance for honor Acceptance does not expressly state for whose honor it is for honor of made, it is deemed to be an acceptance for the drawer. honor of the drawer.

Section 164. The acceptor for honor is liable Acceptor for to the holder and to all parties to the bill subse- honor, to quent to the party for whose honor he has ac- whom liable. cepted.

Section 165. The acceptor for honor by such What acceptacceptance engages that he will on due present- or for honor ment pay the bill according to the terms of his engages to do. acceptance, provided it shall not have been paid by the drawee; and provided also, that it shall have been duly presented for payment and protested for non-payment and notice of dishonor given to him.

Section 166. When a bill payable after sight Maturity of bill payable is accepted for honor its maturity is calculated after sight acfrom the date of the noting for non-acceptance cepted for and not from the date of acceptance for honor.

honor.

Section 167. Where a dishonored bill has been Dishonored accepted for honor supra protest or contains a bill protested before presentreference in case of need, it must be protested for ed to acceptor non-payment before it is presented for payment for honor or to the acceptor for honor or referee in case of need.

referee.

honor; how

Section 168. Presentment for payment to the Presentment acceptor for honor must be made as follows: 1. for payment to If it is to be presented in the place where the pro- acceptor for test for non-payment was made, it must be pre- made. sented not later than the day following its maturity. 2. If it is to be presented in some other place where it was protested, then it must be forwarded within the time specified in section 101. Section 169. The provisions of section 81 apply where there is delay in making the present- Sec. 81 appliment to the acceptor for honor or referee in case cable. of need.

Provisions of

Protested

Section 170. When the bill is dishonored by when dishon- the acceptor for honor it must be protested for non-payment by him.

ored by acceptor.

After protest, person may

pay for honor of person liable.

Payment for honor supra protest nust be attested.

Declaration of payer.

Preference

Section 171. Where a bill has been protested for non-payment, any person may intervene and pay it supra protest for the honor of any person liable thereon or for the honor of the person for whose account it was drawn.

Section 172. The payment for honor supra protest in order to operate as such and not as a mere voluntary payment must be attested by a notarial act of honor which may be appended to the protest or form an extension to it.

Section 173. The notarial act of honor must be founded on a declaration made by the paver for honor or by his agent in that behalf declaring his intention to pay the bill for honor and for whose honor he pays.

Section 174. Where two or more persons ofgiven parties fer to pay a bill for the honor of different parties the person whose payment will discharge most parties to the bill is to be given the prefer

in paying.

What parties discharged

by payment

for honor.

ence.

Section 175. Where a bill has been paid for honor all parties subsequent to the party for whose honor it is paid or discharged, but the Rights of pay-payer for honor is subrogated for, and succeeds er for honor. to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.

Refusal of

payment.

course lost.

Section 176. Where the holder of a bill refuses to receive payment supra protest, he loses Rights of re- the right of recourse against any party who would have been discharged by such payment. Section 177. The payer for honor on paying to honor entitled the holder the amount of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest.

Payer for

to bill and protest.

Sets; when

Section 178. Where a bill is drawn in a set constitute one each part of the set being numbered and containing a reference to the other parts, and the whole of the parts constitute one bill.

bill.

different

Section 179. Where two or more parts of a set Negotiated to are negotiated to different holders in due course, holders; ownthe holder whose title first accrues is as between er of. such holders the true owner of the bill. But nothing in this section effects the rights of a person who in due course accepts or pays the part first presented to him.

Section 180. Where the holder of a set in-Indorsers on dorses two or more parts to different persons he sets; liabilis liable on every such part, and every indorserity. subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.

Section 181. The acceptance may be written

where writ

on any part and it must be written on one part Acceptance; only. If the drawee accepts more than one part ten. and such accepted parts are negotiated to different holders in due course, he is liable on every

such part as if it were a separate bill.

Section 182. When the acceptor of a bill Payment of drawn in a set pays it without requiring the part bill drawn in bearing his acceptance to be delivered up to him, sets.

and that part at maturity is outstanding in the hands of the holder in due course, he is liable to the holder thereof.

part of bill in

Section 183. Except as herein otherwise provided where any one part of a bill drawn in a set Payment of is discharged by payment or otherwise, the whole sets; disbill is discharged.

charges all.

Section 184. A negotiable promissory note Negotiable within the meaning of this act is an uncondi-promisssory tional promise in writing made by one person to note. another, signed by the maker engaging to pay on demand or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the makers own order it is not complete until indorsed by him.

Section 185. A check is a bill of exchange Check is bill drawn on a bank payable on demand. Except as of exchange; herein otherwise provided, the provisions of this provisions apact are applicable to a bill of exchange payable plicable. on demand apply to a check.

Presentment

for payment.

When cer

Section 186. A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.

Section 187. Where a check is certified by the tified by bank. bank on which it is drawn, the certification is equivalent to an acceptance.

When certified, drawer and indorsers

discharged.

Section 188. Where the holder of a check procures it to be accepted or certified, the drawer and all indorsers are discharged from liability thereon.

Section 189. A check of itself does not oper ate as an assignment of any part of the funds to the credit of the drawer with the bank and the bank is not liable to the holder, unless and until it accepts or certifies the check.

Section 190. This act shall be known as the

Act known as. "Negotiable Instrument Law."

Meaning of terms.

Section 191. In this act unless the context otherwise requires: "Acceptance" means an acceptance completed by delivery or notification. "Action" includes counter-claim and set-off. "Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not. "Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange, and "Note" means negotiable promissory note. "Delivery" means transfer of possession, actual or constructive, from one person to another. "Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery. "Instrument” means negotiable instrument. "Issue" means the first delivery of the instrument, complete in form, to a person who takes it as a holder. "Person" includes a body of persons whether incorporated or not. "Value" means valuable consideration. "Written" includes printed and "writing" includes print.

Section 192. The person "primarily" liable on Person prian instrument is the person who by the terms of marily liable, the instrument is absolutely required to pay the

All other parties are "secondarily" liable. Secondarily Section 193. În determining what is a "rea- Reasonable sonable time" or an "unreasonable time" regard and unreasonis to be had to the nature of the instrument, the able time. usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.

Section 194. Where the day, or the last day, when act for doing an act herein required or permitted to done on next be done falls on Sunday or on a holiday, the act succeeding may be done on the next succeeding secular or business day.

day.

Section 195. The provisions of this act do not what provisapply to negotiable instruments made and deliv-ions apply to. ered prior to the first day of January, 1908.

Section 196. In any case not provided for in Rules governthis act the rules of the law merchant shall gov-not provided ing in cases

ern.

for.

Section 197. This chapter shall take effect on Effect. the first day of January, 1908.

Section 198. All laws and parts of laws in con- Repeal. flict with the provisions of this act be and the same are hereby repealed.

Approved August 9th, 1907.

No. 723.)

AN ACT

(H. 25.

To define corrupt solicitation of legislators and provide adequate punishment therefor and the means to effectually enforce this act.

constitutes.

Section 1. Be it enacted by the legislature of Alabama, That any person who for, or without a Corrupt solici fee or reward of any kind, gift, gratuity, or thing tation, what of value, or the promise or hope thereof, corruptly solicits, persuades or influences, or attempts to influence any senator or representative, in the legislature of this State, to cast his vote, either

« 이전계속 »