BILLS OF EXCHANGE.
No. 3 of 1885.
321
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.
banker and
crossed.
80. Where the banker on whom a crossed cheque is drawn, in good faith and without negligence, pays it, if crossed generally, to a banker, 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 respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof.
66
81. Where a person takes a crossed cheque which bears on it the 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.
*
82.-(1) Where a banker, in good faith and without negligence, receives 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.
(2) A banker receives payment of a crossed cheque for a customer within the meaning of this section notwithstanding that he credits his customer's account with the amount of the cheque before receiving payment.
Account may be credited before payment of cheque.
bankers pay-
82a. Any draft or order drawn upon a banker for a sum of money payable to order on demand which shall, when presented for payment, purport to be indorsed by the person to whom the same shall be drawn payable, shall be a sufficient authority to such banker for payment without proof of indorsement.
*As amended by No. 63 of 1911. *As amended by No. 7 of 1907.
sufficient authority for payment without proof of indorsement.
BILLS OF EXCHANGE.
No. 3 of 1885.
321
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 pay- ment 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.
banker and
crossed.
80. Where the banker on whom a crossed cheque is drawn, in Protection to good faith and without negligence, pays it, if crossed generally, 10 drawer where a banker, and, if crossed specially, to the banker to whom it is cheque is crossed or his agent for collection being a banker, the banker pay- ing the cheque, and, if the cheque has come into the hands of the payee, the drawer, shall respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof.
66
81. Where a person takes a crossed cheque which bears on it Effect of
crossing on the words not negotiable", he shall not have, and shall not be holder. capable of giving, a better title to the cheque than that which the person from whom he took it had.
*
82.-(1) Where a banker, in good faith and without negligence, Protection
to collecting reccives payment for a customer of a cheque crossed generally or banker. 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.
(2) A banker receives payment, of a crossed cheque for a customer within the meaning of this section notwithstanding that he credits his customer's account with the amount of the cheque before receiving payment.
Account may before pay-
be credited,
ment of
cheque. t
bankers pay-
82a. Any draft or order drawn upon a banker for a sum of money Drafts on payable to order on demand which shall, when presented for pay- able to order ment, purport to be indorsed by the person to whom the same on demand shall be drawn payable, shall be a sufficient authority to such authority for
*As amended by No. 63 of 1911. As amended by No. 7 of 1907.
sufficient
payment
without
proof of indorsement.
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