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Bills of Exchange Act 1882 (c. 61)Introductory TextPart I Preliminary (ss. 1-2)1. Short title2. Interpretation of termsPart II Bills of Exchange (ss. 3-72)Form and Interpretation (ss. 3-21)3. Bill of exchange defined4. Inland and foreign bills5. Effect where different parties to bill are the same person6. Address to drawee7. Certainty required as to payee8. What bills are negotiable9. Sum payable10. Bill payable on demand11. Bill payable at a future time12. Omission of date in bill payable after date13. Ante-dating and post-dating14. Computation of time of payment15. Case of need16. Optional stipulations by drawer or indorser17. Definition and requisites of acceptance18. Time for acceptance19. General and qualified acceptances20. Inchoate instruments21. DeliveryCapacity and Authority of Parties (ss. 22-26)22. Capacity of parties23. Signature essential to liability24. Forged or unauthorised signature25. Procuration signatures26. Person signing as agent or in representative capacityThe Consideration for a Bill (ss. 27-30)27. Value and holder for value28. Accommodation bill or party29. Holder in due course30. Presumption of value and good faithNegotiation of Bills (ss. 31-38)31. Negotiation of bill32. Requisites of a valid indorsement33. Conditional indorsement34. Indorsement in blank and special indorsement35. Restrictive indorsement36. Negotiation of overdue or dishonoured bill37. Negotiation of bill to party already liable thereon38. Rights of the holderGeneral Duties of the Holder (ss. 39-52)39. When presentment for acceptance is necessary40. Time for presenting bill payable after sight41. Rules as to presentment for acceptance, and excuses for non-presentment42. Non-acceptance43. Dishonour by non-acceptance and its consequences44. Duties as to qualified acceptances45. Rules as to presentment for payment45A. Additional rules as to presentment of cheques and other documents46. Excuses for delay or non-presentment for payment47. Dishonour by nonpayment48. Notice of dishonour and effect of non-notice49. Rules as to notice of dishonour50. Excuses for non-notice and delay51. Noting or protest of bill52. Duties of holder as regards drawee or acceptorLiabilities of Parties (ss. 53-58)53. Funds in hands of drawee54. Liability of acceptor55. Liability of drawer or indorser56. Stranger signing bill liable as indorser57. Measure of damages against parties to dishonoured bill58. Transferor by delivery and transfereeDischarge of Bill (ss. 59-64)59. Payment in due course60. Banker paying demand draft whereon indorsement is forged61. Acceptor the holder at maturity62. Express waiver63. Cancellation64. Alteration of billAcceptance and Payment for Honour (ss. 65-68)65. Acceptance for honour supra protest66. Liability of acceptor for honour67. Presentment to acceptor for honour68. Payment for honour suprà protestLost Instruments (ss. 69-70)69. Holder's right to duplicate of lost bill70. Action on lost billBill in a Set (s. 71)71. Rules as to setsConflict of Laws (s. 72)72. Rules where laws conflictPart III Cheques on a Banker (ss. 73-82)73. Cheque defined74. Presentment of cheque for payment75. Revocation of banker's authorityCrossed Cheques (ss. 76-82)76. General and special crossings defined77. Crossing by drawer or after issue78. Crossing a material part of cheque79. Duties of banker as to crossed cheques80. Protection to banker and drawer where cheque is crossed81. Effect of crossing on holder82. Protection to collecting bankerPart IV Promissory Notes (ss. 83-89)83. Promissory note defined84. Delivery necessary85. Joint and several notes86. Note payable on demand87. Presentment of note for payment88. Liability of maker89. Application of Part II to notesPart V Supplementary (ss. 90-100)90. Good faith91. Signature92. Computation of time93. When noting equivalent to protest94. Protest when notary not accessible95. Dividend warrants may be crossed96. Repeal97. Savings98. Saving of summary diligence in Scotland99. Construction with other Acts, &c.100. Parole evidence allowed in certain judicial proceedings in ScotlandFirst ScheduleSecond Schedule - Enactments repealed
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 August 1882 - onwards

58. Transferor by delivery and transferee

(1) Where the holder of a bill payable to bearer negotiates it by delivery without indorsing it he is called a "transferor by delivery."

(2) A transferor by delivery is not liable on the instrument.

(3) A transferor by delivery who negotiates a bill thereby warrants to his immediate transferee being a holder for value that the bill is what it purports to be, that he has a right to transfer it, and that at the time of transfer he is not aware of any fact which renders it valueless.

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