Cheques Act, 1957
Cheques Act, 1957
99 of 1957
An Act to amend the law relating to cheques and certain other instruments
2. Protection of bankers paying unendorsed or irregularly indorsed cheques
(1) Where a banker in good faith and in the ordinary course of business pays a cheque drawn on him which is not indorsed or is irregularly indorsed, he does not, in doing so, incur any liability by reason only of the absence of, or irregularity in, endorsement and he is deemed to have paid it induce course.
(2) Where a banker in good faith and in the ordinary course of business pays any such instrument as the following, namely,-
(a) a document issued by a customer of his which, though not a bill of exchange, is intended to enable a person to obtain payment from him of the sum mentioned in document ;
(b) a draft payable on demand drawn by him upon himself, whether payable at the head office or some other office of his bank; he does not, on doing so, incur any liability by reason only of the absence of, or irregularity in, endorsement, and the payment discharges the instrument.
3. Rights of bankers collecting cheques not indorsed by holders
Abanker who gives value for, or has a lien on, cheque payable to order which the holder delivers to him for collection without indorsing it, has such (if any)rights as he would have had if, upon delivery, the holder had indorsed it inblank.
4. Unendorsed cheques as evidence of payment
An unendorsed cheque which appears to have been paid by the banker on whom it is drawn is evidence of the receipt by the payee of the sum payable by the cheque.
5. Protection of bankers collecting payment of cheques
(1) Where a banker, in good faith and without negligence,-
(a) receives payment from a customer of an instrument to which this section applies ; or
(b) having credited a customer’s account with the amount of such an instrument, receives payment thereof for himself ; and the customer has no title, or a defective title, to the instrument, the banker does not incur any liability to the true owner of the instrument by reason only of having received payment thereof.
(2) This section applies to the following instruments, namely,-
(b) any document issued by a customer of a banker which, though not a bill of exchange, is intended to enable a person to obtain payment from that banker of the sum mentioned in the document;
(c) any document issued by a public officer which is intended to enable a person to obtain payment from the Paymaster General or the Queen’s and Lord Treasurer’s Remembrance of the sum mentioned in the document but is not a bill of exchange ;
(d) any draft payable on demand drawn by a banker upon himself, whether payable at the head office or some other office of his bank.
(3) A banker is not to be treated for the purposes of this section a shaving been negligent by reason only of his failure to concern himself with absence of, or irregularity in, endorsement of an instrument.
6. Application of certain provisions of Bills of Exchange Act, 1882, to instruments not being bills of exchange
The provisions of the Bills of Exchange Act, 1882-, relating to crossed cheques shall, so far as applicable, have effect in relation to instruments (other than cheques) to which the last foregoing section applies as they have effect in relation to cheques.
7. Construction, saving and repeal
(1) This Act shall be construed as one with the Bills of Exchange Act, 1882-.
(2) The foregoing provisions of this Act do not make negotiable any instrument which, apart from them, is not negotiable.
(3) The enactments mentioned in the first and second columns of the schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
8. Provisions as to Northern Ireland
This Act extends to Northern Ireland, but for the purposes of section 6 of the Government of Ireland Act,1920, so much of the provisions of this Act as relates to, or affects, instruments other than negotiable instruments shall be deemed to be provisions of an Act passed before the appointed day within the meaning of that section.
SCHEDULE 1. Enactments Repealed