Imagens das páginas
PDF
ePub

S. 100.

It is in accordance with practice, though hardly consistent with the terms of the statute, to allow the statutory proof of the debt in actions laid on the bill.1

1 Clarkson's Trs. v. Gibson, June 8, 1820, F.C.; Laidlaw v. Hamilton, 1826, 4 S. 636 (n.e. 644); Blair v.

Horn, 1859, 21 D. 1004, per L.J.C.
Inglis; 1 Bell's Com. 419.

SCHEDULES.

FIRST SCHEDULE.

Form of Protest which may be used when the services of
a Notary cannot be obtained.

KNOW all men that I, A. B. [householder], of

[ocr errors]

in

the county of
in the United Kingdom, at the
request of C. D., there being no notary public available, did on
the

day of

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.

[blocks in formation]

N.B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.

[blocks in formation]

Section 94.

Session and Chapter.

17 Geo. 3, c. 30.

Title of Act and extent of Repeal.

An Act for further restraining the negotiation of Promissory Notes and Inland Bills of Exchange under a limited sum within that part of Great Britain called England.

39 & 40 Geo. 3, c. 42. An Act for the better observance of Good Friday in certain cases therein mentioned.

48 Geo. 3, c. 88.

An Act to restrain the negotiation of Promissory Notes and Inland Bills of Exchange under a limited sum in England.

1 & 2 Geo. 4, c. 78. An Act to regulate Acceptances of Bills of

[blocks in formation]

6 & 7 Will. 4, c. 58. An Act for delaring the law as to the day

on which it is requisite to present for payment to Acceptor, or Acceptors supra protest for honour, or to the Referee or Referees, in case of need, Bills of Exchange which have been dishonoured.

[blocks in formation]

23 & 24 Vict. c. 111, An Act for granting to Her Majesty certain Duties of Stamps, and to amend the Laws relating to the Stamp Duties,

in part.

in part; that is to say,

Section nineteen.

34 & 35 Vict. c. 74. An Act to abolish Days of Grace in the case of Bills of Exchange and Promissory Notes

payable at sight or on presentation.

39 & 40 Vict. c. 81. The Crossed Cheques Act, 1876.

41 & 42 Vict. c. 13. The Bills of Exchange Act, 1878.

ENACTMENT REPEALED AS TO SCOTLAND.

19 & 20 Vict. c. 60, The Mercantile Law Amendment (Scotland)

in part.

Act, 1856,

in part; that is to say,

Sections ten, eleven, twelve, thir

teen, fourteen, fifteen, and six

teen.

APPENDIX.

I. NEGOTIABLE INSTRUMENTS.

A NEGOTIABLE instrument is one by delivery of which the obligation therein contained is transferred, so that a transferee who takes the instrument in good faith for value, obtains a good title to enforce the obligation, though his author has a defective title or no title.1

3

Subject to the provisions of the Bills of Exchange Act,2 bills of exchange and promissory notes payable to bearer 3 are negotiable instruments, and those payable to order, though not fully negotiable, are so to this extent, that when delivered to the specified indorsee they give him an independent title. Exchequer bills also are negotiable.5 And while at one time negotiable instruments were regarded as a fixed class defined by law, it is now held that any instrument is negotiable in law, which is transferable by delivery, and, according to usage general, well established, and not opposed to any definite rule of law, is in this country treated as negotiable. In the case of Gorgier v. Mieville' it was held that bonds of a foreign government which were payable to "every person who should for the time being be holder of the bond," and were proved to be constantly negotiated in this country like Exchequer bills, were negotiable. Since then the following instruments have been decided, or assumed, to be negotiable: -foreign government bonds, scrip issued in England for

11 Smith's L.C. 471-3; Walker and Watson v. Sturrock, 1897, 35 S.L.R. 26, per Lord Kincairney; Bell's Prin. 1460.

2 S. 29.

3 S. 8 (3).

4 Ss. 8 (4), 34 (3).

5 Brandao v. Barnett, 1846, 12

Cl. & Fin. 895.

6 Crouch v. Crédit Foncier, infra. 7 1824, 3 B. & C. 45.

8 Attorney-General v. Bouwens, 1838, 4 M. & W. 171; Walker and Watson v. Sturrock, cit.

« AnteriorContinuar »