Page:Halsbury Laws of England v1 1907.pdf/791

 — Part

I.

Definitions.

569

The judicial recognition of the banker's lien (e) implies the inclusion in banking business of the making of advances or the granting of overdrafts to customers. 1149.

A

cheque

on demand

is

a

bill of

exchange drawn on a banker, payable

P^i^t

I.

Definitions,

Cheque,

(/).

A bearer cheque is one expressed to be payable to a particular person or bearer (g), or to bearer (Ii). An order cheque is one which is expressed to be so payable, or w^hich is expressed to be payable to a particular person or body and does not contain words prohibiting transfer or indicating an intention that it should not be transferable (i). A cheque payable to the order of a particular person, and not to him or his order, is nevertheless payable to him or his order at his option (j). A crossed cheque is a cheque which bears across the face of it and (a) two parallel transverse lines, with or without the words company " or any abbreviation thereof between them, and either with or without the words " not negotiable," such a cheque is crossed generally (b) an addition of the name of a banker, either with or w^ithout the words "not negotiable," such a cheque is crossed specially to that banker {k).

Crossed



A

bank note

bearer on

is

demand

a bill or note for the issued by a bank (l).

payment

of

money

to the

Brandao v. Barnett (1846), 12 CI. & F. 787. See p. 620, 2^081. If) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 73. It is not necessarily drawn by a customer {Capital and Counties Bank v. Gordon, [1903] A. C. 240, at p. 250, where drafts drawn by a branch on the head office of the same bank were accorded the protection of the Stamp Act, 1853 (16 & 17 Vict. c. 59), s. 19, which uses the words " draft or order drawn upon a banker"). For form of cheque, see Encyclopaedia of Forms, Vol. II., p. 515. ((/) For cheques made payable to a particular object, e.g., "wages," see p. 608, (e)

jpost.

{h)

An

in blank

order cheque on which the only or last indorsement is an indorsement equally payable to bearer (Bills of Exchange Act, 1882 (45 & 46 Vict,

is

8 (3) ). s. 8 (4). The addition of the words " account payee " does not prohibit transfer or indicate such intention {National Bank v. Silke, [1891] 1 Q. B. 435). It is a question whether a cheque m.ade payable to "order" can be made nontransferable (ibid.). I'he judgments in this case have been read as implying that the " not negotiable " crossing prohibited transfer. Such is clearly not the case compare Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 81, which limits negotiability, not transferability Great Western Rail. Co. v. London and County Bank, [1901] A. C. 414. (./) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 8 (5). {k) Ibid., s. 76. Transverse parallel lines are not necessary in a specially crossed cheque. The words not negotiable" by themselves do not constitute a crossing (see p. Qll, post). For forms of crossing, see Encyclopaedia of Forms, Vol. II., pp. 515, 516. Stamp Act, 1854 [1) See Bank Charter Act, 1844 (7 & 8 Vict. c. 32), s. 28 (17 & 18 Vict. c. 83), s, 11, qucere, however, as to the meaning of "holder" in that The payee of an order cheque or draft is a " holder," though not bearer section. (see Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 2 Day v. Lonqhurst, [1893] W. N.. 3 Lloyd's Bank, Ltd. v. Cooke, [1907] 1 K. B. 794, per Fletcher MouLTON, L.J., at p. 807). See note (r), p. 572, post. c. 61), s. (t)

Ibid.,











Bank

note,