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BILLS OF EXCHANGE ACT 1882 - SECT 79

Duties of banker as to crossed cheques.

79.(1) Where a cheque is crossed specially to more than one banker except when
crossed to an agent for collection being a banker, the banker on whom it is
drawn shall refuse payment thereof.

(2) Where the banker on whom a cheque is drawn which is so crossed
nevertheless pays the same, or pays a cheque crossed generally otherwise than
to a banker, or if crossed specially otherwise than to the banker to whom it
is crossed, or his agent for collection being a banker, he is liable to the
true owner of the cheque for any loss he may sustain owing to the cheque
having been so paid.

Provided that where a cheque is presented for payment which does not at the
time of presentment appear to be crossed, or to have had a crossing which has
been obliterated, or to have been added to or altered otherwise than as
authorised by this Act, the banker paying the cheque in good faith and without
negligence shall not be responsible or incur any liability, nor shall the
payment be questioned by reason of the cheque having been crossed, or of the
crossing having been obliterated or having been added to or altered otherwise
than as authorised by this Act, and of payment having been made otherwise than
to a banker or to the banker to whom the cheque is or was crossed, or to his
agent for collection being a banker, as the case may be.

© 1882 Crown Copyright

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