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Bills of Exchange Act, 1964 (Act No. 34 of 1964)

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"acceptance"

means an acceptance completed by delivery or notification;

 

"action"

[Definition deleted by section 1 (a) of Act 56 of 2000.]

 

"bank"

means a body of persons, whether incorporated or not, that carries on the business of banking, and includes the South African Reserve Bank contemplated in the South African Reserve Bank Act, 1989 (Act 90 of 1989), a bank as defined in section 1 of the Banks Act, 1990 (Act 94 of 1990), a mutual bank as defined in section 1 of the Mutual Banks Act, 1993 (Act 124 of 1993), and the Post Office Savings Bank as defined in section 1 of the Post Office Act, 1958 (Act 44 of 1958);

[Definition of "banker" substituted by definition of "bank" by section 1 (b) of Act 56 of 2000.]

 

"bearer"

means the person in possession of a bill which is payable to bearer.

 

"bill"

means a bill of exchange as defined in section two;

 

"cheque"

means a bill drawn on a bank payable on demand;

[Definition substituted by section 1 (c) of Act 56 of 2000.]

 

"collecting bank"

means a bank collecting payment of a cheque or other document contemplated in section 83;

[Definition inserted by section 1 (d) of Act 56 of 2000.]

 

"delivery"

means actual or constructive transfer of possession from one person to another;

 

"foreign bill"

[Definition deleted by section 1 (e) of Act 56 of 2000.]

 

"holder"

means the payee of indorsee of a bill who is in possession of it, or the bearer thereof;

 

"indorsement"

means an indorsement completed by delivery;

 

"inland bill"

[Definition  deleted by section 1 (f) of Act 56 of 2000.]

 

"issue"

means the first delivery of a bill, complete in form, to a person who takes it as a holder;

 

"non-business day"

means a day contemplated in section 3 of the Public Holidays Act, 1994 (Act 36 of 1994);

[Definition substituted by section 1 (g) of Act 56 of 2000.]

 

"note"

means a promissory note as defined in section 87;

[Definition used as a noun substituted by section 1 (h) of Act 56 of 2000.]

 

"note"

[Definition used as a verb deleted by section 1 (i) of Act 56 of 2000.]

 

"payment in due course"

means payment made at or after the maturity of a bill to the holder thereof in good faith and, if his title to the bill is defective, without notice thereof.

 

"Post Office cheque"

[Definition deleted by section 1 (j) of Act 56 of 2000.]

 

"value"

[Definition deleted by section 1 (k) of Act 56 of 2000.]

 

"warrant-voucher"

[Definition deleted by section 1 (l) of Act 56 of 2000.]

 

 


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