.his heirs, And that by virtue of these presents the said.. executors, administrators and assigns, now is and henceforth shall be entitled thereto conformably to local custom, Government however reserving its rights. In witness whereof I, the said Registrar have subscribed to these presents and caused my seal of office to be affixed hereto. Thus done and executed at the office of the Registrar of Deeds, Pretoria, on this the...............day of.................... .in the year of Our Lord one thousand nine hundred and.. Registrar of Deeds. NOTE. When the certificate is issued under an order of Court the necessary recital of the order is to be made. That in obedience to an order of the Supreme Court under the provisions of section thirty-one of the Deeds Proclamation, 1902, I, the Registrar of Deeds, do hereby cede and transfer in full and free property to and on behalf of.. .his heirs, executors, administrators and assigns certain (here describe the property) and that by virtue of these presents the said..... ..his heirs, executors, administrators and assigns now is and henceforth shall be entitled thereto conformably to local custom, Government however reserving its rights. In witness whereof I, the said Registrar, have subscribed to these presents and have caused my seal of office to be affixed hereto. Thus done and executed at the office of the Registrar of Deeds, Pretoria, on this the...............day of... .in the year of Our Lord one thousand nine hundred and.. Registrar of Deeds. Proo. No. 10 of 1902. Proc. No. 11 of 1902. Interpretation terms. PROCLAMATION By His Excellency the Administrator. (DATED 14TH MARCH, 1902.) To Consolidate, Amend and Declare the Law relating to Bills of Exchange, Cheques and Promissory Notes. of BY Y VIRTUE OF THE AUTHORITY in me vested I do hereby declare, proclaim and make known as follows: PART I. 1. In this Proclamation unless the context otherwise requires 66 66 Acceptance" means an acceptance completed by delivery or notification. "Action" includes a counter claim, claim in reconvention and set off. "Banker" includes a body of persons, whether incorporated or not, who carry on the business of banking. رو "Bearer means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange; and "Note" means promissory note. "To note" is to make a notarial minute in accustomed form of the circumstances of dishonour and at the time of dishonour of a bill or note. "Delivery means transfer of possession, actual or con- "Holder" means the payee or endorsee of a bill or note who "Issue" means the first delivery of a bill or note complete or not. "Value" means valuable consideration. "Written" includes printed; and "Writing" includes print. 66 "Non-business days" include- (a) Sunday, New Year's Day, Good Friday, Easter (b) Any day appointed by the Governor under the 'Payment in due course means payment made at or after Proc. No. 11 of 1902. Bill of exchange 2. (1) A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the defined. 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. (2) An instrument which does not comply with these conditions or which orders any act to be done in addition to the payment of money is not a bill of exchange. (3) An order to pay out of a particular fund is not unconditional within the meaning of this section, but an unqualified order to pay coupled with (a) An indication of a particular fund out of which the (b) A statement of the transaction which gives rise to the (c) A statement on the bill that it is drawn against speci- (d) A statement on the bill that it is drawn under or is unconditional. (4) A bill is not invalid by reason (a) That it is not dated; (b) That it does not specify the value given or that any (c) That it does not specify the place where it is drawn or Subsections (a) and (b) are by Ord. 37 of 1903, sect. 4, to be omitted and to be substituted therefor the words " Sunday and any day appointed by any law or by the Lieutenant-Governor under the authority of any law as a solemn fast or day of thankgiving or as a public holiday." Proc. No. 11 of 1902. Effect where differ ent parties to the bill are the same person. Address to drawee. Certainty required as to payee. What bills are negotiable. Sum payable. 3. (1) A bill may be drawn payable to or to the order of the drawer; or it may be drawn payable to or to the order of the drawee. (2) Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument at his option either as a bill of exchange or as a promissory note. 4. (1) The drawee must be named or otherwise indicated in a bill with reasonable certainty. (2) A bill may be addressed to two or more drawees whether they are partners or not, but an order addressed to drawees in the alternative or to two or more drawees in succession is not a bill of exchange. 5. (1) Where a bill is not payable to bearer the payee must be named or otherwise indicated therein with reasonable certainty. (2) A bill may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two or one or some of several payees. A bill may also be made payable to the holder of an office for the time being. (3) Where the payee is a fictitious or non-existing person, or a person not having capacity to contract, the bill may be treated as payable to bearer. 6. (1) When a bill contains words prohibiting transfer or indicating an intention that it should not be transferable it is valid as between the parties thereto, but is not negotiable. (2) A negotiable bill may be payable either to order or to bearer. (3) A bill is payable to bearer which is expressed to be so payable or on which the only or last indorsement is an indorsement in blank. (4) A bill is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable. (5) Where a bill either originally or by indorsement is expressed to be payable to the order of a specified person and not to him or his order it is nevertheless payable to him or his order at his option. 7. (1) The sum payable by a bill is a sum certain within the meaning of this Proclamation although it is required to be paid (a) With interest; (b) By stated instalments; (c) By stated instalments with a provision that upon default in payment of any instalment the whole shall become due; (d) According to an indicated rate of exchange to be ascertained as directed by the bill. (2) Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two the sum denoted by the words is the amount payable. (3) Where a bill is expressed to be payable with interest unless the instrument otherwise provides interest runs from the date of the bill, and if the bill is undated from the issue thereof 8. (1) A bill is payable on demand (a) Which is expressed to be payable on demand or at sight, or on presentation; or (6) In which no time for payment is expressed. (2) Where a bill is accepted or indorsed when it is overdue it shall, as regards the acceptor who so accepts or any indorser who so indorses it, be deemed a bill payable on demand. Bill payable at a 9. A bill is payable at a determinable future time within the meaning of this Proclamation, which is expressed to be future time. payable (1) At a fixed period after date or sight. (2) On or at a fixed period after the occurrence of a specified event which is certain to happen though the time of happening may be uncertain. An instrument expressed to be payable on or after the occurrence of a specified event which may or may not happen is not a bill, and the happening of the event does not cure the defect. Omission of date in date. 10. Where a bill expressed to be payable at a fixed period after date is issued undated, or where the acceptance of a bill, bill payable after payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the bill shall be payable accordingly: Provided that (1) Where the holder in good faith and by mistake inserts a wrong date; and (2) In every case where a wrong date is inserted if the bill subsequently comes into the hands of a holder in due course the bill shall not be avoided thereby, but shall operate and be payable as if the date so inserted had been the true date. 11. (1) Where a bill or an acceptance or any indorsement on a bill is dated the date shall, unless the contrary be proved, be deemed to be the true date of the drawing, acceptance or indorsement as the case may be. (2) A bill is not invalid by reason only that it is antedated or postdated, or that it bears date on a Sunday. 12. Where a bill is not payable on demand the day on which it falls due is determined as follows: (1) If the date on which any bill would fall due shall be |
