45 & 46 Vict. PART V. SUPPLEMENTARY. c. 61, 90. A thing is deemed to be done in good faith, within the Good faith. meaning of this act, where it is in fact done honestly, whether it is done negligently or not. 91. (1) Where, by this act, any instrument or writing is re- Signature. quired 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. (2) In the case of a corporation, where, by this act, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be scaled with the corporate seal. But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal. 92. Where, by this act, the time limited for doing any act or Computation thing is less than three days, in reckoning time, non-business of time. days are excluded. Non-business days" for the purposes of this act mean (a) Sunday, Good Friday, Christmas Day: (b) A bank holiday under the Bank Holidays Act, 1871, or (c) A day appointed by royal proclamation as a public fast or thanksgiving day. Any other day is a business day. 93. For the purposes of this act, where a bill or note is When noting required to be protested within a specified time or before some equivalent to further proceeding is taken, it is sufficient that the bill has been protest. 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. 94. Where a dishonoured bill or note is authorized or re- Protest when quired to be protested, and the services of a notary cannot be notary not obtained at the place where the bill is dishonoured, any house- accessible. holder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill. The form given in Schedule 1 to this act may be used with necessary modifications, and if used shall be sufficient. 95. The provisions of this act as to crossed cheques shall Dividend apply to a warrant for payment of dividend. warrants may be crossed. 96. The enactments mentioned in the second schedule to this Repeal. act are hereby repealed as from the commencement of this act to the extent in that schedule mentioned. 45 & 46 Vict. ' c. 61. Savings. 33 & 34 Vict. c. 97. 25 & 26 Vict. c. 89. Saving of summary diligence in Scotland. Construction with other Acts, &c. Parole evi in certain judicial proceedings in Scotland. Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest. 97. (1) The rules in bankruptcy relating to bills of exchange, promissory notes, and cheques, shall continue to apply thereto notwithstanding anything in this act contained. (2) The rules of cominon law including the law merchant, save in so far as they are inconsistent with the express provisions of this act, shall continue to apply to bills of exchange, promissory notes, and cheques. (3) Nothing in this act or in any repeal effected thereby shall affect (a) The provisions of the Stamp Act, 1870, or acts amending it, or any law or enactment for the time being in force relating to the revenue: (b) The provisions of the Companies Act, 1862, or acts amending it, or any act relating to joint stock banks or companies: (c) The provisions of any act relating to or confirming the privileges of the Bank of England or the Bank of Ireland respectively: (d) The validity of any usage relating to dividend warrants, or the indorsements thereof. 98. Nothing in this act or in any repeal effected thereby shall extend or restrict, or in any way alter or affect the law and practice in Scotland in regard to summary diligence. 99. Where any act or document refers to any enactment repealed by this act, the act or document shall be construed, and shall operate, as if it referred to the corresponding provisions of this act. 100. In any judicial proceeding in Scotland, any fact relating dence allowed to a bill of exchange, bank cheque, or promissory note, which is relevant to any question of liability thereon, may be proved by parole evidence: Provided that this enactment shall not in any way affect the existing law and practice whereby the party who is, according to the tenor of any bill of exchange, bank cheque, or promissory note, debtor to the holder in the amount thereof, may be required, as a condition of obtaining a sist of diligence, or suspension of a charge, or threatened charge, to make such consignation, or to find such caution as the court or judge before whom the cause is depending may require. This section shall not apply to any case where the bill of exchange, bank cheque, or promissory note has undergone the sesennial prescription. 45 & 46 Vict. 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 in the county of in the United Kingdom, at the request of C. D., there being day of 188 at no notary public available, did on the (Signed) N. B.-The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten. SECOND SCHEDULE. ENACTMENTS REPEALED. Session and Chapter. 9 Will. 3, c. 17 ...... Title of Act and extent of Repeal. An Act for the better payment of inland bills 3 & 4 Anne, c. 8...... An Act for giving like remedy upon promissory and for the better payment of inland bills 17 Geo. 3, c. 30......... An Act for further restraining the negotiation 30 & 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 pro- 1 & 2 Geo. 4, c. 78... An Act to regulate acceptances of bills of ex change. 7 & 8 Geo. 4, c. 15... An Act for declaring the law in relation to bills of exchange and promissory notes be- B.B.E. M M c. 61. Section 94. 45 & 46 Vict. c. 61. Session and Chapter. 9 Geo. 4, c. 24 Title of Act and extent of Repeal. An Act to repeal certain acts, and to consoli- Section two, four, seven, eight, nine, 2 & 3 Will. 4, c. 98. An Act for regulating the protesting for nonpayment of bills of exchange drawn payable at a place not being the place of the residence of the drawee or drawees of the same. 6 & 7 Will. 4, c. 58. An Act for declaring 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. 8 & 9 Vict. c. 37...... An Act to regulate the issue of bank notes in in part. Ireland, and to regulate the repayment of certain sums advanced by the Governor and Company of the Bank of Ireland for the public service, in part; that is to say, Section twenty-four. 23 & 24 Vict. c. 111... An Act for granting to her Majesty certain in part. duties of stamps, and to amend the laws relating to the stamp duties, 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 payab'e at sight or on presentation. ENACTMENT REPEALED AS TO SCOTLAND. 19 & 20 Vict. c. 60 ... The Mercantile Law (Scotland) Amendment in part. Act, 1856, in part; that is to say, Sections ten, eleven, twelve, thirteen, fourteen, fifteen, and sixteen. INDEX. Should the Index be found defective in any part, the reader is referred ABODE, A. of payee of bills under 51., formerly must in some cases have been ACCEPTANCE, what it is, 2, 251. what it admits, 39, 266, 268. effect of, 4. by partners, 47-60. cross acceptances, 145, 465. by one of several, not partners, 253. liability of drawee before acceptance, 252. cannot be two several acceptances of the same bill, 253, 254. formerly could be oral, but not before bill in existence, 255. after previous refusal to accept, 256. now must be in writing on the bill, 257. signature sufficient, 257. delivery or notice requisite to complete, 2, 261. promise to pay, 255. promise to accept, 256. detention of the bill, 257. what engagement the holder may require of acceptor, 258. proper conduct for holder to pursue in case of qualified acceptance, 258. condition may be contained in a collateral contemporaneous but a verbal contemporaneous condition not admissible, 112, 260. nor a written one against innocent indorsee, 260. presumption as to time of, 257. personal liability of directors, &c. accepting, 81. implied warranty of authority, 44, 83. if general, acceptor liable without presentment, 261, 288. qualified or varying acceptances, 210, 259. conditional, 259. partial, 260. as to time, 260. as to parties, 261. as to place, 261, 281, 288. liability of acceptor, 262. |