HC Deb 03 July 1882 vol 271 cc1350-2

(Sir John Lubbock, Mr. Cohen, Mr. Lewis Fry, Sir Hardinge Giffard, Mr. Monk)

[BILL 211.] COMMITTEE.

[Progress 27th June.]

Bill considered in Committee.

(In the Committee.)

Clauses 1 to 6, inclusive, agreed to.

Clause 7 (Address to drawee).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 3, line 19, to leave out "or," and insert "of."

Clause, as amended, agreed to.

Clause 8 agreed to.

Clause 9 (Bills prohibiting transfer, &c.)

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 3, line 26, before "between," insert "as."

Clause, as amended, agreed to.

Clauses 10 to 53, inclusive, agreed to.

Clause 54 (Duties of holder as regards drawee or acceptor).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 20, line 25, leave out "shall not be," and insert "is not."

Clause, as amended, agreed to.

Clauses 55 to 57, inclusive, agreed to.

Clause 58 (Liability of drawer or indorser).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 21, line 37, leave out "is in the nature of a new drawer, and."

Clause, as amended, agreed to.

Clauses 59 to 68, inclusive, agreed to.

Clause 69 (Alteration of bill).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 24, line 34, leave out "by any person whatever."

Clause, as amended, agreed to.

Clauses 70 to 75, inclusive, agreed to.

Clause 76 (Rules as to sets).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 27, line 35, leave out "shall be," and insert "is."

Clause, as amended, agreed to.

Clause 77 (Rules where laws conflict).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 28, line 23, leave out "shall be," and insert "is."

Clause, as amended, agreed to.

Clause 78 agreed to.

Clause 79 (Presentment of cheque for payment).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 29, line 25, leave out "was or was not justified," and insert "acted reasonably."

Clause, as amended, agreed to.

Clauses 80 to 83, inclusive, agreed to.

Clause 84 (Crossing a material part of the cheque).

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:—In page 30, line 27, leave out "shall be," and insert "is."

Clause, as amended, agreed to.

Clauses 85 to 100, inclusive, agreed to.

Clause 101 (Bills and notes under twenty shillings).

On the Motion of Mr. SOLICITOR GENERAL, Clause struck out.

Remaming clauses agreed to.

On the Motion of Mr. SOLICITOR GENERAL, the following Clause inserted after Clause 106:—

(Parole evidence allowed in certain judicial proceedings in Scotland.)

"In any judicial proceeding in Scotland, any fact relating to a bill of exchange, bank cheque, or promissory note, which, is relevant to any question of liability thereon, may be proved by parole evidence: Provided, that this enactment shall not in any way affect the existing law and practice whereby the party who is, according to the tenor of any bill of exchange, bank cheque, or promissory note, debtor to the holder in the amount thereof, may be required, as a condition of obtaining a sist of diligence, or suspension of a charge, or threatened charge, to make such consignation, or to find such caution as the court or judge before whom the cause is depending may require.

"This section shall not apply to any case where the bill of exchange, bank cheque, or promissory note has undergone the sesennial prescription."

Schedule.

On the Motion of Mr. SOLICITOR GENERAL, the following Amendment made:

Schedule 2, page, at end, add—

Enactment repealed as to Scotland.

Session and Chapter.

19 and 20 Vic. c. 60, in part.

Title of Act and extent of repeal.

"The Mercantile Law (Scotland) Amendment Act, 1856," in part (that is to say):—

Sessions 10, 11, 12, 13, 14, 16, and 16.

Bill reported; as amended, to be considered To-morrow.