BILLS OF EXCHANGE.
No. 3 of 1885.
197
23. No person is liable as drawer, indorser, or acceptor of a bill who has not signed it as such: Signature essential to liability.
Provided that—
(1) where a person signs a bill in a trade or assumed name, he is liable thereon as if he had signed it in his own name;
(2) the signature of the name of a firm is equivalent to the signature by the person so signing of the names of all persons liable as partners in that firm.
24. Subject to the provisions of this Ordinance, where a signature on a bill is forged or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorized signature is wholly inoperative, and no right to retain the bill, or to give a discharge therefor, or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority: Forged or unauthorized signature.
Provided that nothing in this section shall affect the ratification of an unauthorized signature not amounting to a forgery.
25. A signature by procuration operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature if the agent in so signing was acting within the actual limits of his authority. Procuration signature.
26.-(1) Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal or in a representative character, he is not personally liable thereon; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. Person signing as agent or in representative capacity.
(2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted.
BILLS OF EXCHANGE.
No. 3 of 1885.
197
23. No person is liable as drawer, a bill who has not signed it as such:
indorser, or acceptor of Signature
Provided that—
(1) where a person signs a bill in a trade or assumed name, he is liable thereon as if he had signed it in his own name;
(2) the signature of the name of a firm is equivalent to the signature by the person so signing of the names of all persons liable as partners in that firm.
essential to liability.
24. Subject to the provisions of this Ordinance, where a Forged or signature on a bill is forged or placed thereon without the unauthorized
signature. authority of the person whose signature it purports to be, the forged or unauthorized signature is wholly inoperative, and no right to retain the bill, or to give a discharge therefor, or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority:
Provided that nothing in this section shall affect the ratification of an unauthorized signature not amounting to a forgery.
25. A signature by procuration operates as notice that the. Procuration agent has but a limited authority to sign, and the principal is signature. only bound by such signature if the agent in so signing was acting within the actual limits of his authority.
26.-(1) Where a person signs a bill as drawer, indorser, Person or acceptor, and adds words to his signature, indicating that signing as
agent or in he signs for or on behalf of a principal or in a representative representa- character, he is not personally liable thereon; but the mere tive addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability.
(2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instru- ment shall be adopted.
capacity.
No comments yet.
Private notes are available after approval.