company (Chapter XIV.-Of Crossed Cheques. Secs. 124-130.) abbreviation thereof, between two parallel transverse lines, or of two parallel transverse lines simply, either with or without the words "not negotiable" that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed generally. 124. 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 shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker. 125. Where a cheque is uncrossed, the holder may cross it generally or specially. Where a cheque is crossed generally, the holder may cross it specially. Where a cheque is crossed generally or specially, the holder may add the words" not negotiable." Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection. 126. Where a cheque is crossed generally, the banker on whom it is drawn shall not pay it otherwise than to a banker. 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 his agent for collection. 127. Where a cheque is crossed specially to more than one banker, except when crossed to an agent for the purpose of collection, the banker on whom it is drawn shall refuse payment thereof. 128. Where the banker on whom a crossed cheque is drawn has paid the same in due course, the banker paying the cheque, and (in case such cheque has come to the hands of the payee) the drawer thereof, shall respectively be entitled to the same rights, and be placed in the same position in all respects, as they would respectively be entitled to and placed in if the amount of the cheque had been paid to and received by the true owner thereof. 129. Any banker paying a cheque crossed generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is crossed, or his agent for collection, being a banker, shall be liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid. 130. A person taking a cheque crossed generally or specially, bearing in either case the words "not negotiable," 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. (Chapter XIV.-Of Crossed Cheques. Sec. 131. Chapter XV.-Of Bills in Secs. 132-133. Chapter XVI.-Of International Law. Secs. Sets. 134.135.) 131. A banker who has in good faith and without negligence received Non-liability of banker repayment for a customer of a cheque crossed generally or specially to himself ceiving payshall not, in case the title to the cheque proves defective, incur any liability to ment of cheque. the true owner of the cheque by reason only of having received such payment. CHAPTER XV. OF BILLS IN SETS. 132. Bills of exchange may be drawn in parts, each part being numbered Set of bills. and containing a provision that it shall continue payable only so long as the others remain unpaid. All the parts together make a set; but the whole set constitutes only one bill, and is extinguished when one of the parts, if a separate bill, would be extinguished. Exception. When a person accepts or indorses different parts of the bill in favour of different persons, he and the subsequent indorsers of each part are liable on such part as if it were a separate bill. 133. As between holders in due course of different parts of the same set he who first acquired title to his part is entitled to the other parts and the money represented by the bill. Holder of part entitled first acquired to all. CHAPTER XVI. OF INTERNATIONAL LAW. 134. In the absence of a contract to the contrary, the liability of the maker or drawer of a foreign promissory note, bill of exchange or cheque is regulated in all essential matters by the law of the place where he made the instrument, and the respective liabilities of the acceptor and indorser by the law of the place where the instrument is made payable. Illustration. A bill of exchange was drawn by A in California, where the rate of interest is 25 per cent., and accepted by B, payable in Washington, where the rate of interet is 6 per cent. The bill is indorsed in British India, and is dishonoured. An action on the bill is brought against B in British India. He is liable to pay interest at the rate of 6 per cent. only; but, if A is charged as drawer, A is liable to pay interest at the rate of 25 per cent. Law of place 135. Where a promissory note, bill of exchange or cheque is made payable of payment in a different place from that in which it is made or indorsed the law of the honour. governs dis (Chapter XVI.-Of International Law. Secs. 136-137. Chapter XVII.Notaries Public. Secs. 138-139.) place where it is made payable determines what constitutes dishonour and what notice of dishonour is sufficient. Illustration. A bill of exchange drawn and indorsed in British India, but accepted payable in France, is dishonoured. The indorsee causes it to be protested for such dishonour, and gives notice thereof in accordance with the law of France, though not in accordance with the rules herein contained in respect of bills which are not foreign. The notice is sufficient. Instrument 136. If a negotiable instrument is made, drawn, accepted or indorsed out made, etc., out of British of British India, but in accordance with the law of British India, the circumIndia, but in accordance stance that any agreement evidenced by such instrument is invalid according with its law. to the law of the country wherein it was entered into does not invalidate any subsequent acceptance or indorsement made thereon in British India. Presumption as to foreign law. 137. The law of any foreign country regarding fromissory notes, bills of exchange and cheques shall be presumed to be the same as that of British India, unless and until the contrary is proved. Power to ap point notaries public. Power to make rules for notaries public. CHAPTER XVII.1 NOTARIES PUBLIC. 138. The Governor General in Council may, from time to time, by notification in the official Gazette, appoint any person, by name or by virtue of his office, to be a notary public under this Act and to exercise his functions as such within any local area, and may, by like notification, remove from office any notary public appointed under this Act. 139.2 The Governor General in Council may, from time to time, by notification in the official Gazette, make rules consistent with this Act for the guidance and control of notaries public appointed under this Act, and may, by such rules (among other matters), fix the fees payable to such notaries. SCHEDULE [ENACTMENTS REPEALED.] Rep. by the Repealing and Amending Act, 1891 (XII of 1891). 1 Ch. XVII was inserted by the Negotiable Instruments Act, 1885 (II of 1885), s. 10, printed, General Acts, Vol. V. 2 For rules under this section see Notification No. 1433, dated 30th September, 1886, Gazette of India, 1886, Pt. I, p. 548. On the extension of the Act to Upper Burma, similar rules were framed with respect to that Province,, see Notification No. 489, dated 11th May, 1894, Burma Gazette, Pt. II, p. 109, printed, Burma Rules Manual, Ed. 1897, p. 81. Cancellation of instruments, see Specific Relief Act, 1877. Cattle-trespass, see Indian Forest Act, 1878. Caveats, see District Delegates Act, 1881; Probate and Administration Act, 1881. Cheques, see Negotiable Instruments Act, 1881. Clients, Agreements with, see Legal Practitioners Act, 1879. Coasting-trade, see Sea Customs Act, 1878. Codicil, see Probate and Administration Act, 1881. Contracts, see Indian Limitation Act, 1877; Specific Relief Act, 1877. Court-fees, see Presidency Magistrates (Court-fees) Act, 1877. Crown Factories, see Indian Factories Act, 1881, Customs, see Sea Customs Act, 1878. · Chief Controlling Revenue-authority's power to make rules for disposal of records Definitions, 255. Documents to be kept in accordance with law not to be destroyed, 255. High Court's power to make rules for disposal of records and documents, 254, Dishonour, see Negotiable Instruments Act, 1881. District Delegates Act, 1881 Administration, Caveats against, 374. District Delegate when to grant, and when not to grant, 373, procedure when District Delegate considers he should refuse Caveats against probate, 374 District Delegate, High Court empowered to appoint, 373. Probate, Caveats against, 374. District Delegate when to grant, and when not to grant, 373, 374. Drawback, see Sea Customs Act, 1878. Duties of customs, see Sea Customs Act, 1878. Easements, see Indian Limitation Act, 1877. 373 257 Capture of wild elephants prohibited, except in certain cases, 258. Killing of wild elephants prohibited, except in certain cases, 258. to be produced on requisition of certain officers, 259. Limitation of prosecution, 259. Penalty for contravention, 258. Wild elephants, captured or killed by unlicensed person, property of Government, European military lunatic, see Military Lunatics Act, 1877. Excise-duty, see Sea Customs Act, 1878. Executors, see Probate and Administration Act, 1881. Exportation, see Sea Customs Act, 1878. Extradition, see Foreign Jurisdiction and Extradition Act, 1879. Factories, see Indian Factories Act, 1881. Fairways, see Obstruction in Fairways Act, 1879. Farmers of opium revenue, see Opium Act, 1878. Fog-signals, see Indian Merchant Shipping Act, 1880. Foreign Jurisdiction and Extradition Act, 1879 Bond to appear, arrest on breach of, 293. British Indian criminal law applied to British subjects abroad, 292, Definitions, 290. 288 Extradition from British India of persons other than European British subjects, requisition for, from any part of British dominions, 294. Governor General's jurisdiction beyond British India, and delegation there- |