1884 ORDINANCE No. 9 OF 1885 .
Bills of Exchange.
Provided that where a cheque is presented for payment which does
not at the time of presentment appear to be crossed , or to have had a
crossing which has been obliterated , or to have been added to or altered
otherwise than as authorised by this Ordinance , the banker paying the
cheque in good faith and without negligence shall not be responsible or
incur any liability, nor shall the payment be questioned by reason of the
cheque having been crossed , or of the crossing having been obliterated or
having been added to or altered otherwise than as authorised by this
Ordinance, and of payment having been made otherwise than to a banker
or to the banker to whom the cheque is or was crossed , or to his agent
for collection being a banker, as the case may be.
Protection to 80. Where the banker, on whom a crossed cheque is drawn, in
banker and
drawer where good faith and without negligence pays it , if crossed generally , to a ban
cheque is
crossed . ker, and if crossed specially, to the banker to whom it is crossed, or his
agent for collection being a banker, the banker paying the cheque, and, if
the cheque has come into the hands of the payee, the drawer, shall res
pectively be entitled to the same rights and be placed in the same posi
tion as if payment of the cheque had been made to the true owner
thereof.
Effect of 81. Where a person takes a crossed cheque which bears on it the
crossing on
holder. words " not negotiable, " he 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.
Protection to 82. Where a banker in good faith and without negligence receives
collecting
banker. payment for a customer of a cheque crossed generally or specially to
himself, and the customer has no title or a defective title thereto, the
banker shall not incur any liability to the true owner of the cheque by
reason only of having received such payment.
PART IV.
PROMISSORY NOTES.
Promissory 83. ( 1. ) A promissory note is an unconditional promise in writing
note defined .
made by one person to another signed by the maker, engaging to pay, on
demand or at a fixed or determinable future time, a sum certain in mo
ney, to, or to the order of, a specified person or to bearer.