Bills of Exchange Act 1882
45 & 46 Vict. c. 61 · Enacted 18 August 1882 · Extends to United Kingdom
An Act to codify the law relating to Bills of Exchange, Cheques, and Promissory Notes.
Annotations to the whole text
Modifications
- C1
Act amended by Consumer Credit Act 1974 (c. 39, SIF 60), s. 125(2)
Commencement
- I1
Act wholly in force at Royal Assent
Contents
- Part I: Preliminary
- 1Short title.
- 2Interpretation of terms.
- Part II: Bills of Exchange
- Form and Interpretation
- 3Bill of exchange defined.
- 4Inland and foreign bills.
- 5Effect where different parties to bill are the same person.
- 6Address to drawee.
- 7Certainty required as to payee.
- 8What bills are negotiable.
- 9Sum payable.
- 10Bill payable on demand.
- 11Bill payable at a future time.
- 12Omission of date in bill payable after date.
- 13Ante-dating and post-dating.
- 14Computation of time of payment.
- 15Case of need.
- 16Optional stipulations by drawer or indorser.
- 17Definition and requisites of acceptance.
- 18Time for acceptance.
- 19General and qualified acceptances.
- 20Inchoate instruments.
- 21Delivery.
- Capacity and Authority of Parties
- 22Capacity of parties.
- 23Signature essential to liability.
- 24Forged or unauthorised signature.
- 25Procuration signatures.
- 26Person signing as agent or in representative capacity.
- The Consideration for a Bill
- 27Value and holder for value.
- 28Accommodation bill or party.
- 29Holder in due course.
- 30Presumption of value and good faith.
- Negotiation of Bills
- 31Negotiation of bill.
- 32Requisites of a valid indorsement.
- 33Conditional indorsement.
- 34Indorsement in blank and special indorsement.
- 35Restrictive indorsement.
- 36Negotiation of overdue or dishonoured bill.
- 37Negotiation of bill to party already liable thereon.
- 38Rights of the holder.
- General Duties of the Holder
- 39When presentment for acceptance is necessary.
- 40Time for presenting bill payable after sight.
- 41Rules as to presentment for acceptance, and excuses for non-presentment.
- 42Non-acceptance.
- 43Dishonour by non-acceptance and its consequences.
- 44Duties as to qualified acceptances.
- 45Rules as to presentment for payment.
- 46Excuses for delay or non-presentment for payment.
- 47Dishonour by non-payment.
- 48Notice of dishonour and effect of non-notice.
- 49Rules as to notice of dishonour.
- 50Excuses for non-notice and delay.
- 51Noting or protest of bill.
- 52Duties of holder as regards drawee or acceptor.
- Liabilities of Parties
- 53Funds in hands of drawee.
- 54Liability of acceptor.
- 55Liability of drawer or indorser.
- 56Stranger signing bill liable as indorser.
- 57Measure of damages against parties to dishonoured bill.
- 58Transferor by delivery and transferee.
- Discharge of Bill
- 59Payment in due course.
- 60Banker paying demand draft whereon indorsement is forged.
- 61Acceptor the holder at maturity.
- 62Express waiver.
- 63Cancellation.
- 64Alteration of bill.
- Acceptance and Payment for Honour
- 65Acceptance for honour supra protest.
- 66Liability of acceptor for honour.
- 67Presentment to acceptor for honour.
- 68Payment for honour supra protest.
- Lost Instruments
- 69Holder’s right to duplicate of lost bill.
- 70Action on lost bill.
- Bill in a Set
- 71Rules as to sets.
- Conflict of Laws
- 72Rules where laws conflict.
- Part III: Cheques on a Banker
- 73Cheque defined.
- 74Presentment of cheque for payment.
- 74APresentment of cheque for payment: alternative place of presentment.
- 74BPresentment of cheque for payment: alternative means of presentment by banker Repealed
- 74CCheques presented for payment under section 74B: disapplication of section 52(4). Repealed
- 75Revocation of banker’s authority.
- 75ASection 75A
- Crossed Cheques
- 76General and special crossings defined.
- 77Crossing by drawer or after issue.
- 78Crossing a material part of cheque.
- 79Duties of banker as to crossed cheques.
- 80Protection to banker and drawer where cheque is crossed.
- 81Effect of crossing on holder.
- 81ANon-transferable cheques.
- 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part IV: Promissory Notes
- 83Promissory note defined.
- 84Delivery necessary.
- 85Joint and several notes.
- 86Note payable on demand.
- 87Presentment of note for payment.
- 88Liability of maker.
- 89Application of Part II to notes.
- Part 4A: Presentment of cheques and other instruments by electronic means
- 89APresentment of instruments by electronic means
- 89BInstruments to which section 89A applies
- 89CBanker's obligation in relation to accepting physical instrument for presentment
- 89DCopies of instruments and evidence of payment
- 89ECompensation in cases of presentment by electronic means
- 89FSupplementary
- Part V: Supplementary
- 90Good faith.
- 91Signature.
- 92Computation of time.
- 93When noting equivalent to protest.
- 94Protest when notary not accessible.
- 95Dividend warrants may be crossed.
- 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 97Savings.
- 98Saving of summary diligence in Scotland.
- 99Construction with other Acts, &c.
- 100Parole evidence allowed in certain judicial proceedings in Scotland.
- Schedule FIRSTSchedule FIRST
- Schedule SECONDSchedule SECOND