Bills of Exchange Act 1882

1. Introductory Text

2. Part I Preliminary

   1. 1. Short title.

   2. 2. Interpretation of terms.

3. Part II Bills of Exchange

   1. Form and Interpretation

      1. 3. Bill of exchange defined.

      2. 4. Inland and foreign bills.

      3. 5. Effect where different parties to bill are the same person.

      4. 6. Address to drawee.

      5. 7. Certainty required as to payee.

      6. 8. What bills are negotiable.

      7. 9. Sum payable.

      8. 10. Bill payable on demand.

      9. 11. Bill payable at a future time.

      10. 12. Omission of date in bill payable after date.

      11. 13. Ante-dating and post-dating.

      12. 14. Computation of time of payment.

      13. 15. Case of need.

      14. 16. Optional stipulations by drawer or indorser.

      15. 17. Definition and requisites of acceptance.

      16. 18. Time for acceptance.

      17. 19. General and qualified acceptances.

      18. 20. Inchoate instruments.

      19. 21. Delivery.

   2. Capacity and Authority of Parties

      1. 22. Capacity of parties.

      2. 23. Signature essential to liability.

      3. 24. Forged or unauthorised signature.

      4. 25. Procuration signatures.

      5. 26. Person signing as agent or in representative capacity.

   3. The Consideration for a Bill

      1. 27. Value and holder for value.

      2. 28. Accommodation bill or party.

      3. 29. Holder in due course.

      4. 30. Presumption of value and good faith.

   4. Negotiation of Bills

      1. 31. Negotiation of bill.

      2. 32. Requisites of a valid indorsement.

      3. 33. Conditional indorsement.

      4. 34. Indorsement in blank and special indorsement.

      5. 35. Restrictive indorsement.

      6. 36. Negotiation of overdue or dishonoured bill.

      7. 37. Negotiation of bill to party already liable thereon.

      8. 38. Rights of the holder.

   5. General Duties of the Holder

      1. 39. When presentment for acceptance is necessary.

      2. 40. Time for presenting bill payable after sight.

      3. 41. Rules as to presentment for acceptance, and excuses for non-presentment.

      4. 42. Non-acceptance.

      5. 43. Dishonour by non-acceptance and its consequences.

      6. 44. Duties as to qualified acceptances.

      7. 45. Rules as to presentment for payment.

      8. 46. Excuses for delay or non-presentment for payment.

      9. 47. Dishonour by non-payment.

      10. 48. Notice of dishonour and effect of non-notice.

      11. 49. Rules as to notice of dishonour.

      12. 50. Excuses for non-notice and delay.

      13. 51. Noting or protest of bill.

      14. 52. Duties of holder as regards drawee or acceptor.

   6. Liabilities of Parties

      1. 53. Funds in hands of drawee.

      2. 54. Liability of acceptor.

      3. 55. Liability of drawer or indorser.

      4. 56. Stranger signing bill liable as indorser.

      5. 57. Measure of damages against parties to dishonoured bill.

      6. 58. Transferor by delivery and transferee.

   7. Discharge of Bill

      1. 59. Payment in due course.

      2. 60. Banker paying demand draft whereon indorsement is forged.

      3. 61. Acceptor the holder at maturity.

      4. 62. Express waiver.

      5. 63. Cancellation.

      6. 64. Alteration of bill.

   8. Acceptance and Payment for Honour

      1. 65. Acceptance for honour supra protest.

      2. 66. Liability of acceptor for honour.

      3. 67. Presentment to acceptor for honour.

      4. 68. Payment for honour supra protest.

   9. Lost Instruments

      1. 69. Holder’s right to duplicate of lost bill.

      2. 70. Action on lost bill.

   10. Bill in a Set

       1. 71. Rules as to sets.

   11. Conflict of Laws

       1. 72. Rules where laws conflict.

4. Part III Cheques on a Banker

   1. 73. Cheque defined.

   2. 74. Presentment of cheque for payment.

   3. 74A. Presentment of cheque for payment: alternative place of presentment.

   4. 74B. Presentment of cheque for payment: alternative means of presentment by banker

   5. 74C. Cheques presented for payment under section 74B: disapplication of section 52(4).

   6. 75. Revocation of banker’s authority.

   7. 75A. (1) On the countermand of payment of a cheque, the...

   8. Crossed Cheques

      1. 76. General and special crossings defined.

      2. 77. Crossing by drawer or after issue.

      3. 78. Crossing a material part of cheque.

      4. 79. Duties of banker as to crossed cheques.

      5. 80. Protection to banker and drawer where cheque is crossed.

      6. 81. Effect of crossing on holder.

      7. 81A. Non-transferable cheques.

      8. 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Part IV Promissory Notes

   1. 83. Promissory note defined.

   2. 84. Delivery necessary.

   3. 85. Joint and several notes.

   4. 86. Note payable on demand.

   5. 87. Presentment of note for payment.

   6. 88. Liability of maker.

   7. 89. Application of Part II to notes.

6. Part V Supplementary

   1. 90. Good faith.

   2. 91. Signature.

   3. 92. Computation of time.

   4. 93. When noting equivalent to protest.

   5. 94. Protest when notary not accessible.

   6. 95. Dividend warrants may be crossed.

   7. 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   8. 97. Savings.

   9. 98. Saving of summary diligence in Scotland.

   10. 99. Construction with other Acts, &c.

   11. 100. Parole evidence allowed in certain judicial proceedings in Scotland.

7. SCHEDULES

   1. FIRST SCHEDULE

      1. Form of protest which may be used when the services...

      2. Know all men that I, A.B. [householder], of in the...

      3. (Signed) A.B.

      4. G.H. Witnesses.

      5. J.K.

      6. N.B.—The bill itself should be annexed, or a copy of...

   2. SECOND SCHEDULE

      1. . . . . . . . . . ....