The Negotiable Instruments Act (Act XXVI of 1881): Being an Act to Define and Amend the Law Relating to Promissory Notes, Bills of Exchange and Cheques ... (Google eBook)

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Higginbotham, 1882 - Negotiable instruments - 314 pages
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Page 244 - 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.
Page 261 - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary.
Page 255 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
Page 254 - Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee. In no other case is presentment for acceptance necessary in order to render any party to the bill liable.
Page 266 - Where a bill of exchange has been protested for dishonor by nonacceptance, or protested for better security, and is not overdue, any person not being a party already liable thereon may, with the consent of the holder, intervene, and accept the bill supra protest for the honor of any party liable thereon, or for the honor of the person for whose account the bill is drawn.
Page 265 - A cancellation made unintentionally, or under a mistake, or without the authority of the holder, is inoperative ; but where a bill or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake, or without authority.
Page 259 - 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 250 - ... signature is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority : Provided that nothing in this section shall affect the ratification of an unauthorized signature not amounting to a forgery. 30. A signature by procuration...
Page 257 - ... partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm.
Page 272 - Where a person takes a crossed cheque which bears on it the words " not negotiable," he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had.

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