the-ordinances-of-the-legislative-counci-1890v2 — Page 158

7.18 [ 9 OF 1885. ] BILLS OF EXCHANGE .

PART III .
CHEQUES ON A BANKER .
Cheque
defined .
73. A cheque is a bill of exchange drawn on a banker payable
on demand .
Except as otherwise provided in this part, the provisions of
this ordinance applicable to a bill of exchange payable on
demand apply to a cheque .
Presentment 74. Subject to the provisions of this ordinance
of cheque for
payment. ( 1. ) Where a cheque is not presented for payment within
a reasonable time of its issue, and the drawer or the
person on whose account it is drawn had the right
at the time of such presentment as between him and
the banker to have the cheque paid and suffers
actual damage through the delay, he is discbarged
to the extent of such damage, that is to say, to the
extent to which such drawer or person is a creditor
of such banker to a larger amount than he would
have been had such cheque been paid .
( 2. ) In determining what is a reasonable time regard shall
be had to the nature of the instrument, the usage
of trade and of bankers, and the facts of the
particular case.
( 3. ) The holder of such cheque as to which such drawer
or person is discharged shall be a creditor, in lieu
of such drawer or person , of such banker to the
extent of such discharge and entitled to recover the
amount from him .
Revocation of
75. The duty and authority of a banker to pay a cheque
banker’sau- drawn on him by his customer are determined by—
thority.
( 1. ) Countermand of payment :
2.) Notice of the customer's death .
Crossel Cheques.
General and 76. ( 1. ) Where a cheque bears across its face an addition of —
special cross .
ings defined . ( a. ) The words “ and company ” or any abbreviation
thereof between two parallel transverse lines,either
with or without the words “ not negotiable ; ” or
( 6. ) Two parallel transverse lines simply, either with or
without the words “ not negotiable ; ”
that addition constitutes a crossing, and the cheque is crossed
generally.