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damage through the delay, he is discharged to the extent of such damage; that is to say, to the extent to which such drawer or person is a creditor of such banker to a larger amount than he would have been
had such cheque been paid. (2) In determining what is a reasonable time regard shall
be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular
(3) The holder of such cheque as to which such drawer or
person is discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount
from him. 73. The duty and authority of a banker to pay a cheque on him by his customer are determined by
(1) countermand of payment;
CROSSED CHEQUES. 74. (1) Where a cheque bears across its face an addition of
(a) the words“ and Company'
any abbreviation thereof between two parallel transverse lines, either
with or without the words “not negotiable”; or (6) two parallel transverse lines simply, either with oi
without the words “ not negotiable”;
that addition constitutes a crossing and the cheque is crossed generally.
(2) Where a cheque bears across its face an addition of the name of a banker, either with or without the words “ not negotiable," that addition constitutes a crossing and the cheque is crossed specially and to that banker.
75. (1) A cheque may be crossed generally or specially by the drawer.
(2) Where a cheque is uncrossed the holder may cross it generally or specially.
(3) Where a cheque is crossed generally the holder may cross it specially
(4) Where a cheque is crossed specially or generally the holder may add the words "not negotiable."
(5) Where the cheque is crossed specially the banker to whom it is crossed may again cross it specially to another banker for collection.
(6) Where an uncrossed cheque or a cheque crossed generally is sent to a banker for collection he may cross it specially to himself.
76. A crossing authorised by this Proclamation is a material part of the cheque ; it shall not be lawful for any person to obliterate or, except as authorised by this Proclamation, to add to or alter the crossing.
77. (1) Where a cheque is crossed generally the banker on whom it is drawn shall not pay it otherwise than to a banker.
(2) Where a cheque is crossed specially the banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed or to his agent for collection being a banker.
(3) Where a cheque is crossed specially to more than one banker, except when crossed to an agent for collection being a banker, the banker on whom it is drawn shall refuse payment thereof.
(4) Where the banker on whom the cheque is drawn which is so crossed revertheless pays the same or pays a cheque crossed generally otherwise than to a banker, or if crossed specially otherwise than to the banker to whom it is crossed or his agent for collection being a banker, he is liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid.
Provided that where a cheque is presented for payment which does not at the time of presentment appear to be crossed or to have had a crossing which has been obliterated or to have been added to or altered otherwise than as authorised by this Proclamation, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the parment be questioned by reason of the cheque having been crossed or of the crossing having been obliterated or having been added to or altered otherwise than as authorised by this Proclamation, and of payment having been made otherwise than to a banker or to the banker to whom the cheque is or was crossed or to his agent for collection being a banker, as the case may be.
78. Where the banker on whom a crossed cheque is drawn in good faith and without negligence pays it if crossed generally to a banker, and if crossed specially to the banker to whom it is crossed his agent for collection being a banker, the banker paying the cheque, and if the cheque has come into the hands of the payee the drawer, shall respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof.
79. 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.
80. Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title or a defective title thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
81. Sections 74 to 80 of this Proclamation shall extend to any document issued by customer of
banker and intended to enable any person to obtain payment on demand from such banker of the sum mentioned in such document, and shall so extend in like manner as if the said document were a cheque.
Provided that nothing herein contained shall be deemed to render any such document a negotiable instrument.
PROMISSORY NOTES. 82. (1) A note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time a sum certain in inoney to or to the order of a specified person or to bearer.
(2) An instrument in the form of a note payable to maker's order is not a note within the meaning of this section unless and until it is endorsed by the maker.
(3) A note is not invalid by reason only that it contains also a pledge of collateral security with authority to sell or dispose thereof.
83. A note is inchoate and incomplete until delivery thereof to the payee or bearer.
84. (1) A note may be made by two or more makers, and they may be liable thereon jointly or jointly and severally according to its tenor.
(2) Where a note runs I promise to pay” and is signed by two or more persons it is deemed to be their joint and several note, and any note signed by two or more persons is deemed to be their joint and several note in the absence of a contrary intention appearing upon the face of it.
85. (1) Where a note payable on demand has been endorsed it must be presented for payment within a reasonable time of the endorsement. If it be not so presented the endorser is discharged.
(2) In determining what is a reasonable time regard shall be had to the nature of the instrument, the usage of trade, and the facts of the particular case.
(3) Where a note payable on demand is negotiated it is not deemed to be overdue for the purpose of affecting the holder with defects of title of which he had no notice by reason that it appears that a reasonable time for presenting it for payment has elapsed since its issue.
86. (1) Where a note is in the body of it made payable at a particular place it must be presented for payment at that place in order to render the maker liable unless the particular place mentioned is the place of business of the payee and the note remains in his hands. In any other case presentment for payment is not necessary in order to render the maker liable.
(2) Presentment for payment is necessary in order to render the endorser of a note liable.
(3) Where a note is in the body of it made payable at a particular place presentment at that place is necessary in order to render an endorser liable ; but when a place of payment is indicated by way of memorandum only presentment at that place is sufficient to render the endorser liable ; but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice.
87. The maker of a note by making it
(1) engages that he will pay it according to its tenor;
existence of the payee and his then capacity to endorse.
88. (1) Subject to the provisions in this part and except asby this section provided, the provisions of this Proclamation relating to bills of exchange apply with the necessary modifications to notes.
(2) In applying those provisions the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first endorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer's order.
(3) The following provisions as to bills do not apply to notes, namely, the provisions relating to
(a) presentment for acceptance;
SUPPLEMENTARY. 89. A thing is deemed to be done in good faith within the meaning of this Proclamation where it is in fact done honestly, whether it is done negligently or not.
90. Where by this Proclamation any instrument or writing is 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, and the authorised sealing with a corporate seal of a corporation or the authorised stamping with an official stamp of any bank or company shall be deemed to be sufficient and equivalent to signature or endorsement of any such instrument or writing.
91. Where by this Proclamation the reasonable or other time limited for doing any act or thing is less than four days, in reckoning such time non-business days are excluded.
92. For the purposes of this Proclamation where a bill or note is required to be protested within a specified time or before some 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.
93. Where dishonoured bill note is authorised or required to be protested and the services of a notary cannot be