Marginal note:Time of payment
43. Where a bill is payable at sight, or at a fixed period after date, after sight or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run and by including the day of payment.
- R.S., c. B-5, s. 44.
Marginal note:Sight bill
44. Where a bill is payable at sight or at a fixed period after sight, the time begins to run from the date of the acceptance if the bill is accepted, and from the date of noting or protest if the bill is noted or protested for non-acceptance or for non-delivery.
- R.S., c. B-5, s. 45.
Marginal note:Due date
45. (1) Every bill that is made payable at a month or months after date becomes due on the same numbered day of the month in which it is made payable as the day on which it is dated, unless there is no such day in the month in which it is made payable, in which case it becomes due on the last day of that month, with the addition, in all cases, of the days of grace.
Marginal note:Definition of “month”
(2) The term “month” in a bill means the calendar month.
- R.S., c. B-5, s. 46.
Capacity and Authority of Parties
Marginal note:Capacity of parties
46. (1) Capacity to incur liability as a party to a bill is coextensive with capacity to contract.
(2) Nothing in this section enables a corporation to make itself liable as drawer, acceptor or endorser of a bill, unless it may do so under the law in force relating to that corporation.
- R.S., c. B-5, s. 47.
Marginal note:Effect of disability on holder
47. Where a bill is drawn or endorsed by any infant, minor or corporation having no capacity or power to incur liability on a bill, the drawing or endorsement entitles the holder to receive payment of the bill and to enforce it against any other party thereto.
- R.S., c. B-5, s. 48.
48. (1) Subject to this Act, where a signature on a bill is forged, or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorized signature is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority.
(2) Nothing in this section affects the ratification of an unauthorized signature not amounting to a forgery.
Marginal note:Recovery of amount paid on forged cheque
(3) Where a cheque payable to order is paid by the drawee on a forged endorsement out of the funds of the drawer, or is so paid and charged to his account, the drawer has no right of action against the drawee for the recovery of the amount so paid, nor any defence to any claim made by the drawee for the amount so paid, as the case may be, unless he gives notice in writing of the forgery to the drawee within one year after he has acquired notice of the forgery.
Marginal note:Default of notice
(4) In case of failure by the drawer to give notice of the forgery within the period referred to in subsection (3), the cheque shall be held to have been paid in due course with respect to every other party thereto or named therein, who has not previously instituted proceedings for the protection of his rights.
- R.S., c. B-5, s. 49.
- Date modified: