APPENDIX B Bills of Exchange (Crossed Cheques) Act, 1906. 16 Edw. 7. CH. 17.] Chapter 17. An Act to amend section eighty-two of the Bills of Exchange A.D. 1906. Act, 1882. [4th August 1906.] BE OE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. A banker receives payment of a crossed cheque for a customer within the meaning of section eighty-two of the Bills of Exchange Act, 1882, notwithstanding that he credits his customer's account with the amount of the cheque before receiving payment thereof. Amendment of 45 & 46 Vict. c. 61. s. 82. 2. This Act may be cited as the Bills of Exchange (Crossed Cheques) Short title. Act, 1906, and this Act and the Bills of Exchange Act, 1882, may be cited together as the Bills of Exchange Acts, 1882 and 1906. APPENDIX C Bills of Exchange (Time of Noting) Act, 1917. [7 & 8 GEO. 5. CH. 48.] Chapter 48. An Act to amend the Bills of Exchange Act, 1882, with respect A.D. 1917. to the time for noting Bills. BE [8th November 1917.] OE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. In subsection (4) of section fifty-one of the Bills of Exchange Act, 1882 (which relates to the time of noting a dishonoured bill), the words "it must be noted on the day of its dishonour" shall be repealed, and the following words shall be substituted therefor, namely, "it may be noted on the day of its dishonour and must be noted not “later than the next succeeding business day.” Time of noting. 45 & 46 Vict. c. 61. 2. This Act may be cited as the Bills of Exchange (Time of Noting) Short title Act, 1917, and shall be construed as one with the Bills of Exchange Act, 1882, and the Bills of Exchange Acts, 1882 and 1906, and this Act may be cited together as the Bills of Exchange Acts, 1882 to 1917. and construction. 6 Edw. 7. c. 17. A.D. 1889. A.D. 1889. 2. Powers of mercantile agent with respect to disposition of goods. 3. Effect of pledges of documents of title. 4. Pledge for antecedent debt. 5. Rights acquired by exchange of goods or documents. 6. Agreements through clerks, &c. 7. Provisions as to consignors and consignees. Dispositions by Sellers and Buyers of Goods 8. Disposition by seller remaining in possession. 9. Disposition by buyer obtaining possession. 10. Effect of transfer of documents on vendor's lien or right of stoppage in transitu. An Act to amend and consolidate the Factors Act. BE [26th August 1889.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. For the purposes of this Act (1) The expression mercantile agent" shall mean a mercantile Definitions. (2) A person shall be deemed to be in possession of goods or of the 66 (5) The expression pledge shall include any contract pledging, or giving a lien or security on, goods, whether in consideration of an original advance or of any further or continuing advance or of any pecuniary liability: (6) The expression person "shall include any body of persons corporate or unincorporate. Dispositions by Mercantile Agents. owner, 2.-(1) Where a mercantile agent is, with the consent of the in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent, shall, subject to the provisions of this Act, be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make the same. (2) Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition, which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent; provided that the person taking under the disposition has not at the time thereof notice that the consent has been determined. (3) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of this Act, be deemed to be with the consent of the owner. (4) For the purposes of this Act the consent of the owner shall be presumed in the absence of evidence to the contrary. Powers of mercantile agent with respect to disposition of goods. 3. A pledge of the documents of title to goods shall be deemed to Effect of be a pledge of the goods. pledges of documents of title. antecedent debt. 4. Where a mercantile agent pledges goods as security for a debt Pledge for or liability due from the pledgor to the pledgee before the time of the pledge, the pledgee shall acquire no further right to the goods than could ha ve been enforced by the pledgor at the time of the pledge. Rights acquired by exchange of goods or documents. Agreements through clerks, &c. Provisions as to consignors and consignees. Disposition by seller remaining in possession. Disposition by buyer obtaining possession. Effect of transfer of documents on vendor's lien or right of stoppage in transitu. Mode of transferring documents. 5. The consideration necessary for the validity of a sale, pledge, or other disposition, of goods, in pursuance of this Act, may be either a payment in cash, or the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, or any other valuable consideration; but where goods are pledged by a mercantile agent in consideration of the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, the pledgee shall acquire no right or interest in the goods so pledged in excess of the value of the goods, documents, or security when so delivered or transferred in exchange. 6. For the purposes of this Act an agreement made with a mercantile agent through a clerk or other person authorised in the ordinary course of business to make contracts of sale or pledge on his behalf shall be deemed to be an agreement with the agent. 7.-(1) Where the owner of goods has given possession of the goods to another person for the purpose of consignment or sale, or has shipped the goods in the name of another person, and the consignee of the goods has not had notice that such person is not the owner of the goods, the consignee shall, in respect of advances made to or for the use of such person, have the same lien on the goods as if such person were the owner of the goods, and may transfer any such lien to another person. (2) Nothing in this section shall limit or affect the validity of any sale, pledge, or disposition, by a mercantile agent. Dispositions by Sellers and Buyers of Goods. 8. Where a person, having sold goods, continues, or is, in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same. 9. Where a person, having bought or agreed to buy goods, obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer, by that person or by a mercantile agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods, shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent of the owner. 10. Where a document of title to goods has been lawfully transferred to a person as a buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, the last-mentioned transfer shall have the same effect for defeating any vendor's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeating the right of stoppage in transitu, Supplemental. 11. For the purposes of this Act, the transfer of a document may be by endorsement, or, where the document is by custom or by its express terms transferable by delivery, or makes the goods deliverable to the bearer, then by delivery. 12.-(1) Nothing in this Act shall authorise an agent to exceed Saving for or depart from his authority as between himself and his principal, or exempt him from any liability, civil or criminal, for so doing. (2) Nothing in this Act shall prevent the owner of goods from recovering the goods from an agent or his trustee in bankruptcy at any time before the sale or pledge thereof, or shall prevent the owner of goods pledged by an agent from having the right to redeem the goods at any time before the sale thereof, on satisfying the claim for which the goods were pledged, and paying to the agent, if by him required, any money in respect of which the agent would by law be entitled to retain the goods or the documents of title thereto, or any of them, by way of lien as against the owner, or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands as the produce of the sale of the goods after deducting the amount of his lien. (3) Nothing in this Act shall prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same, or any part of that price, subject to any right of set-off on the part of the buyer against the agent. 13. The provisions of this Act shall be construed in amplification and not in derogation of the powers exerciseable by an agent independently of this Act. rights of true owner. common law Saving for powers of agent. 14. The enactments mentioned in the schedule to this Act are Repeal. hereby repealed as from the commencement of this Act, but this repeal shall not affect any right acquired or liability incurred before the commencement of this Act under any enactment hereby repealed. 15. This Act shall commence and come into operation on the first Commenceday of January one thousand eight hundred and ninety. 16. This Act shall not extend to Scotland. 17. This Act may be cited as the Factors Act, 1889. ment. Extent of Short title. SCHEDULE. Session and 4 Geo. 4. c. 83. 6 Geo. 4. c. 94. 5 & 6 Vict. c. 39. 40 & 41 Vict. c. 39. ENACTMENTS REPEALED. Title. Section 14. Extent of Repeal. The whole Act. An Act for the better protection of The whole Act. An Act to amend the Factors Acts. The whole Act. The whole Act. |