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[55 Vict. c. 9.]

An Act to amend the Act of the eighth and ninth Victoria, chapter one hundred and nine, intituled " An Act to amend the Law concerning Games and Wagers."

[20th May, 1892.]

Promises to repay sums paid under

1. Any promise, express or implied, to pay any person any 55 Vict. c. 9. sum of money paid by him under or in respect of any contract or agreement rendered null and void by the Act of the eighth and ninth Victoria, chapter one hundred and nine, or to pay any sum of money by way of commission, fee, reward, or otherwise in respect of any such contract, or of any services in relation thereto or in connexion therewith, shall be null and void, and no action shall be brought or maintained to recover any such sum of money.

void by

8 & 9 Vict.
c. 109, to be
null and void.

[56 & 57 Vict. c. 39.]

An Act to consolidate and amend the Laws relating to
Industrial and Provident Societies.

[12th September, 1893.]

33. A promissory note or bill of exchange shall be deemed to 56 & 57 Vict. have been made, accepted, or endorsed on behalf of any society if made, accepted, or endorsed in the name of the society, or by or on behalf or account of the society, by any person acting under the authority of the society.

66. If any officer of a registered society, or any person on its behalf, uses any seal purporting to be a seal of the society, whereon its name is not so engraved as aforesaid, or issues or authorises the issue of any notice, advertisement, or other official publication of the society, or signs or authorises to be signed on behalf of the society any bill of exchange, promissory note, indorsement, cheque, order for money or goods, or issues or authorises to be issued any bills of parcels, invoice, receipt, or letters of credit of the society, wherein its name is not mentioned in manner aforesaid, he shall be liable to a fine not exceeding fifty pounds, and shall further be personally liable to the holder of any such bill of exchange, promissory note, cheque, or order for money or goods for the amount thereof unless the same is duly paid by the society.

c. 39. Promissory notes and bills of exchange.

Penalty for not using name of


59 & 60 Vict. c. 25.

Exemptions from stamp


[59 & 60 Vict. c. 25.]

An Act to consolidate the Law relating to Friendly and other
[7th August, 1896.]

33. Stamp duty shall not be chargeable upon the following document:

(a.) Draft or order or receipt given by or to a registered society or branch in respect of money payable by virtue of its rules or of this Act.

[6 Edw. 7. c. 17]]

The Bills of Exchange (Crossed Cheques) Act, 1906.


A banker receives payt of a croned cheque for a customer within the meaning of s. 82 ofther Bill, of Exchange Act 1882, notwitterbanding that he

credibs his customer's account with the amount

of the cheque before receiving payt thereof.


Should the Index be found defective in any part, the reader is referred
to the full Analytical Table of Contents prefixed.


what it is, 2, 255.

what it admits, 41, 271, 273.

effect of, 4.

by partners, 49–62.

cross acceptances, 150, 464.


by one of several, not partners, 258.

liability of drawee before acceptance, 256.

cannot be two several acceptances of the same bill, 258.

before bill filled up, 259.

formerly could be oral, even before bill in existence, 260.

after bill is due, 261.

after previous refusal to accept, 261.

now must be in writing on the bill, 262.

signature sufficient, 262.

delivery or notice requisite to complete, 2, 266.

promise to pay, 262, note (i).

promise to accept, 260.

detention of the bill, 262, note (i).

what engagement the holder may require of acceptor, 262.

proper conduct for holder to pursue in case of qualified acceptance,


condition may be contained in a collateral contemporaneous
writing, 112-115, 264.

but a verbal contemporaneous condition not admissible, 114,


nor a written one against innocent indorsee, 264.

presumption as to time of, 261.

personal liability of directors, &c., accepting, 83.

implied warranty of authority, 46, 85.

if general, acceptor liable without presentment, 265, 293.

qualified or varying acceptances, 216, 263.

conditional, 264.

partial, 265.

as to time, 265.

as to parties, 266.

as to place, 265, 288, 292.

liability of acceptor, 267.

how discharged, 267.


by waiver, 203, 268.


what a plea of waiver should state, 270.
acceptance discharged by cancellation, 267, 268.

by taking other security, 270.

in case of joint acceptors, by taking security from one, 271.
presentment for acceptance, 211-216.

release of acceptors, 317.

release by or to one of several, 317.

how far covenant not to sue will operate as release, 318, 327.
agreement not to sue, 327.

effect of release may be restrained by the terms of the instrument,
318, 327.

admits drawer's handwriting, 271.

and authority of agent to draw, 41, 272.

but not to indorse, 41, 272.

nor indorsement, 271, 272.

where drawee cannot dispute his acceptance, 272.

forged acceptance, 272.

ratification of, 39, 40, 272.

payment of, no estoppel, 273.

obligation to accept, 273.

See also Agent; Corporation; Executor; Infant; Married
Woman; Partner.

"approved", 279.


mode of accepting supra protest, 273, 275.

who may so accept, 258, 275.

whether there may be several acceptors supra protest, 258, 275.

conduct for holder to pursue who takes an acceptance supra
protest, 275.

presentment for payment to the drawee still necessary, 276.
liability of acceptor supra protest, 277.

against what parties acceptor supra protest acquires a right of
action, 278.


contract of, 271.


what it is, 143, 154, 155.

when a defence that a bill was drawn for accommodation, 143, 154.
who is principal on, 323.

accommodated drawer not entitled to notice of dishonour, 245, 246.
nor accommodated indorser, 249.

drawer discharged by indulgence to the acceptor, 323.
payment of supra protest, 279.

proof of, in bankruptcy, 464.

in the hands of an indorsee for value, 465.

may be indorsed by bankrupt after bankruptcy, 480.

operation of Statute of Limitations as to, 360.

notice no defence against a holder for value, 143, 154.

liability of party accommodated, 155, 197, 446.

time of issue of, 339.


direction to place to, 102.

mutual, when not barred by the Statute of Limitations, 365.

[blocks in formation]


who may bring, 2, 144, 183, 405.

suing in the name of another, 2, note (k), 184, 405.

judgment against two parties, 408.

debt and assumpsit, 421, note (a).


when a corporation could sue or be sued in assumpsit, 81.
against what parties actions may be brought, 144, 181, note (q),

party liable in two capacities, 408.

how far extinguishment of the right of action as to one party will
be a defence to others, 322, 323, 445.

affidavit to arrest, 448.

imprisonment for debt abolished, 448.

trover or detinue for a bill, 398.

effect of judgment in an action of trover in changing the property
in a bill, 399.

former relief in equity, 399-402.

venue, 411

inspection, discovery and interrogatories, 353, 429.

staying proceedings, in what cases, and on what terms, 429.
setting aside plea, 424.

Bills of Exchange Act, 1855...27, 412, note (m).

summary procedure, 411.

ordinary procedure, 417.

leave to defend, 415.

statement of claim, 417.

statement of defence, 420.

defences, 421, note (a).

set-off and counter-claim, 424.
reply, 428.

mode of trial, 430.

right to begin, 430.

evidence, 432-438.

proofs in various actions, 436.

damages, 438.

interest, 439-443.

re-exchange, 443.

costs, 445-447.

judgment and execution, 448.



if given on bill, presentment must be made there to charge drawer

and indorsers, 289.

to the drawee, 100.

of notice of dishonour, 230, 249.

ADJUDICATION. See Bankruptcy.

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