Read online or download a free book: The Law Relating To Cheques
Publisher: RareBooksClub.com (19 May 2012)
By: Eric Russell Watson (Author)
Book format: pdf doc docx mobi djvu epub ibooks (*An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.)
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...and not where he crosses an uncrossed cheque for 64 OBLITERATING OR ALTERING A CROSSING. collection under s. 77. (Bissell v. Fox, 51 L. T. E. 663, 53 L. T. E. 193: and cf. Gordon v. London City and Midland Bank, supra.) By s. 95 the provisions of the Act as to crossed cheques are made applicable to dividend warrants. To obliterate, add to or alter a crossing, special or general, of a cheque, or knowingly offer or utter, etc., a cheque so altered, with intent to defraud, is a felony punishable with penal servitude for life. (24 25 Vict. c. 98, s. 25.) It is provided by s. 17 of the Eevenue Act, 1883, that s. 25 of 24 25 Vict. c. 98, and ss. 76 to 82 of the Bills of Exchange Act, shall extend to ' any document issued by a customer of any banker and intended to enable any person or body corporate to obtain payment from such banker of the sum mentioned in such document,... and shall extend in like manner as if the said document were a cheque. Provided that nothing in this Act shall be deemed to render such a document a negotiable instrument.' Thus a cheque with a receipt form attached, and running 'Pay... provided the receipt at the foot hereof be duly signed,' may be a cheque within ss. 76 to 82, though, by reason of the conditional form, it falls without the rest of the Act. (J. Bavins, Junr. v. London and S.-W. Bank, 5 Com. Cas. 1, in which case the banker was deprived of the protection of s. 82, as he had not acted without negligence.) Paget (' Decisions affecting Bankers,' p. 295) regards s. 17 as only extending protection to cases where the banker collects for the original payee of such documents. CHAPTER VI. BLANKCHEQUES AND IMPERFECT CHEQUES FRAUDULENT FILLING IN AND ALTERATION OF AMOUNT--THE WORDS AND FIGURES--...
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