63 Cancellation. 第六十三条　涂销。

(1)Where a bill is intentionally cancelled by the holder or his agent, and the cancellation is apparent thereon, the bill is discharged.

(2)In like manner any party liable on a bill may be discharged by the intentional cancellation of his signature by the holder or his agent. In such case any indorser who would have had a right of recourse against the party whose signature is cancelled is also discharged.

(3)A cancellation made unintentionally, or under a mistake, or without the authority of the holder is inoperative; but where a bill or any signature thereon appears to have been cancelled the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake, or without authority.

（１）如汇票被持票人或其代理人故意涂销，且涂销十分明显，汇票责任即告解除。

　　（２）任何对汇票负责之当事人得以同样方式经持票人或其代理人故意涂销其签名而告解除责任。在此情况下，任何对被涂销签名之当事人具有追索权之背书人的责任即可解除。

（３）无意的或错误的或未经持票人授权的涂销不生效。但如汇票或其上之签名看来已被涂销，则宣称该涂销是无意的、错误的或未经授权之当事人应负举证责任。

 

64 Alteration of bill. 第六十四条　汇票之更改。

(1)Where a bill or acceptance is materially altered without the assent of all parties liable on the bill, the bill is avoided except as against a party who has himself made, authorised, or assented to the alteration, and subsequent indorsers.

Provided that,Where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.

(2)In particular the following alterations are material, namely, any alteration of the date, the sum payable, the time of payment, the place of payment, and, where a bill has been accepted generally, the addition of a place of payment without the acceptor’s assent.

（１）如未经对汇票负责之所有当事人之同意而对汇票或承兑作重要更改，汇票即属无效，但对自己作出、授权或同意此等更改之当事人及其后手背书人仍属有效。

　　倘若汇票已作重要更改，但更改并不明显，且汇票为正当持票人所持有，则该持票人可将汇票作为并未更改而行使其权利，且得按汇票原有意向要求付款。

（２）下述各项更改应属重要更改。即，任何日期、应付金额、付款时间、付款地之更改，及如汇票已被一般承兑，未经承兑人同意而加列付款地。

 

Acceptance and Payment for Honour参加承兑和参加付款

　65 Acceptance for honour supra protest. 第六十五条　对已作成拒绝证书的汇票参加承兑。

(1)Where a bill of exchange has been protested for dishonour by non-acceptance, or protested for better security, and is not overdue, any person, not being a party already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest, for the honour of any party liable thereon, or for the honour of the person for whose account the bill is drawn.

（１）如对一张因拒绝承兑而遭退票的汇票作成拒绝证书，或为取得更好保障而对汇票作成拒绝证书，且此汇票未过期，则经持票人同意，任何非对汇票已负责的当事人可为了对汇票负责之任何当事人或开立汇票之帐户人之信誉而对已作拒绝证书之汇票参与并承兑。

 

(2)A bill may be accepted for honour for part only of the sum for which it is drawn.

(3)An acceptance for honour supra protest in order to be valid must—

(a)be written on the bill, and indicate that it is an acceptance for honour:

(b)be signed by the acceptor for honour.

(4)Where an acceptance for honour does not expressly state for whose honour it is made, it is deemed to be an acceptance for the honour of the drawer.

(5)Where a bill payable after sight is accepted for honour, its maturity is calculated from the date of the noting for non-acceptance, and not from the date of the acceptance for honour.

（２）可仅对汇票的部分金额参加承兑。

　　（３）为使已作成拒绝证书的汇票参加承兑有效，必须：

　　（ａ）书写在汇票上且表明参加承兑；

　　（ｂ）由参加承兑人签字。

　　（４）如未明确指明被参加承兑人之姓名，则可视为出票人参加承兑。

（５）如参加承兑为见票后付款之汇票，则汇票之到期日从因拒绝承兑而作成公证记录之日起算，而非从参加承兑日起算。

 

66 Liability of acceptor for honour. 第六十六条　参加承兑人的责任。

(1)The acceptor for honour of a bill by accepting it engages that he will, on due presentment, pay the bill according to the tenor of his acceptance, if it is not paid by the drawee, provided it has been duly presented for payment, and protested for non-payment, and that he receives notice of these facts.

(2)The acceptor for honour is liable to the holder and to all parties to the bill subsequent to the party for whose honour he has accepted.

（１）倘若参加承兑人收到通知，知悉受票人对已作正当提示付款的汇票不予付款，并已作成拒绝付款证书，参加承兑人由于承兑该汇票，即保证在汇票正当提示时将根据承兑文义对汇票付款。

（２）参加承兑人对持票人和被参加承兑人之所有后手当事人负有责任。

 

67 Presentment to acceptor for honour. 第六十七条　向参加承兑人提示汇票。

(1)Where a dishonoured bill has been accepted for honour supra protest, or contains a reference in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honour, or referee in case of need.

(2)Where the address of the acceptor for honour is in the same place where the bill is protested for non-payment, the bill must be presented to him not later than the day following its maturity; and where the address of the acceptor for honour is in some place other than the place where it was protested for non-payment, the bill must be forwarded not later than the day following its maturity for presentment to him.

（１）如遭退票之汇票已被参加承兑，或有关于预备付款之记载，则必须在向参加承兑人或预备付款人提示付款之前，作成拒绝付款证书。

　　（２）如参加承兑人的地点与拒绝付款证书作成地相同时，汇票必须在不迟于到期日的次日向参加承兑人提示；如参加承兑人的地点与拒绝付款证书作成地相异时，汇票必须在不迟于到期日的次日送出，以便向参加承兑人提示。

(3)Delay in presentment or non-presentment is excused by any circumstance which would excuse delay in presentment for payment or non-presentment for payment.

(4)When a bill of exchange is dishonoured by the acceptor for honour it must be protested for non-payment by him.

（３）如对延迟提示付款或不作提示付款可予宽恕的情况发生于向参加承兑人延迟提示或不予提示时，同样可以宽恕，持票人对延迟提示或不作提示可予免责。

（４）当汇票遭参加承兑人退票时，对参加承兑人必须作出拒绝付款证书。

 

68 Payment for honour supra protest. 第六十八条　对已作成拒绝证书之汇票参加付款。

(1)Where a bill has been protested for non-payment, any person may intervene and pay it supra protest for the honour of any party liable thereon, or for the honour of the person for whose account the bill is drawn.

(2)Where two or more persons offer to pay a bill for the honour of different parties, the person whose payment will discharge most parties to the bill shall have the preference.

（１）如汇票已被作成拒绝付款证书，则任何人可为了对汇票负责之任何当事人或委托开立汇票人之信誉而对已作拒绝证书之汇票参与并付款。

（２）如两名或两名以上的人为不同之当事人提供支付汇票之票款，则就该项付款能解除最多的汇票当事人责任者为享有优先权。

 

(3)Payment for honour supra protest, in order to operate as such and not as a mere voluntary payment, must be attested by a notarial act of honour which may be appended to the protest or form an extension of it.

(4)The notarial act of honour must be founded on a declaration made by the payer for honour, or his agent in that behalf, declaring his intention to pay the bill for honour, and for whose honour he pays.

(5)Where a bill has been paid for honour, all parties subsequent to the party for whose honour it is paid are discharged, but the payer for honour is subrogated for, and succeeds to both the rights and duties of, the holder as regards the party for whose honour he pays, and all parties liable to that party.

　（３）对已作成拒绝证书的汇票参加付款，如需作为不仅是自愿付款而是参加付款，还必须对参加行为作出公证，以资证实。此项内容可附加在拒绝证书之上，或作为拒绝证书的补充。

　　（４）对参加行为所作的公证须以参加付款人或其代理人所作的声明书为基础，该声明书应表明其参加付款的意图，以及被参加付款人之姓名。

（５）如汇票被参加付款，所有被参加付款人的后手当事人均被解除责任，而持票人对被参加付款人和所有对其负有责任的当事人的权利和义务，由参加付款人取代和继受。

 

(6)The payer for honour on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonour is entitled to receive both the bill itself and the protest. If the holder do not on demand deliver them up he shall be liable to the payer for honour in damages.

(7)Where the holder of a bill refuses to receive payment supra protest he shall lose his right of recourse against any party who would have been discharged by such payment.

（６）参加付款人向持票人支付汇票金额和退票项下的公证费后，有权取得汇票和拒绝证书。如经要求，持票人未能交出汇票和拒绝证书，应对参加付款人负赔偿之责。

（７）如汇票持票人拒绝接受在作成拒绝证书后之参加付款，将丧失对任何因作出此项付款而原可解除责任之当事人之追索权。

 

Lost Instruments　票据之丧失

69 Holder’s right to duplicate of lost bill.第六十九条　丧失汇票之持票人有权取得副本汇票。

Where a bill has been lost before it is overdue the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer if required to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again.

If the drawer on request as aforesaid refuses to give such duplicate bill he may be compelled to do so.

如汇票在其丧失之时尚未过期，该汇票之持票人得要求出票人出具另一同样文义的汇票。如有要求，应向出票人提供担保品，以赔偿出票人在声称丧失之汇票重又发现时因需对任何人负责而遭受的损失。

如向出票人提出上述要求而被拒绝出具副本汇票，得强使出票人如此办理。

 

70 Action on lost bill. 第七十条　对丧失汇票的诉讼。

In any action or proceeding upon a bill, the court or a judge may order that the loss of the instrument shall not be set up, provided an indemnity be given to the satisfaction of the court or judge against the claims of any other person upon the instrument in question.]

Annotations: Help about Annotation

在就汇票进行诉讼或控告时，如已向法庭或法官提供其认为满意之赔偿保证以应付任何人对丧失票据提出之权利主张，法庭或法官得下令：票据之丧失不应成为抗辩之理由。

 

71 Rules as to sets.　第七十一条　成套汇票之规则。

(1)Where a bill is drawn in a set, each part of the set being numbered, and containing a reference to the other parts the whole of the parts constitute one bill.

(2)Where the holder of a set indorses two or more parts to different persons, he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed as if the said parts were separate bills.

（１）如汇票以成套形式开立，则全套中的每张汇票须编列号码，且应载有涉及其他各张之内容。各张汇票之全体构成汇票。

（２）如成套汇票之持有人将两张或两张以上之汇票背书于不同的人则各张汇票成为单独之汇票，背书人对每张汇票均应负责，其后各后手背书人对各自所作背书也应负责。

 

(3)Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders deemed the true owner of the bill; but nothing in this sub-section shall affect the rights of a person who in due course accepts or pays the part first presented to him.

(4)The acceptance may be written on any part, and it must be written on one part only.

If the drawee accepts more than one part, and such accepted parts get into the hands of different holders in due course, he is liable on every such part as if it were a separate bill.

（３）如两张或两张以上的汇票流通转让给不同的正当持票人，在此类持票人间，最先得到所有权者被认为是汇票的真正所有人。但此项规定不影响承兑人或付款人的权利，如第一张汇票经提示时，在正当情况下，承兑人或付款人对汇票得作出承兑或付款。

（４）可对任何一张汇票承兑，但承兑必须仅在一张汇票上作成。如受票人对超过一张的汇票承兑，且该已被承兑的汇票为不同的正当持票人所持有，则各该汇票成为单独之汇票，承兑人应对各张汇票负责。

 

(5)When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereof.

(6)Subject to the preceding rules, where any one part of a bill drawn in a set is discharged by payment or otherwise, the whole bill is discharged.

（５）当承兑人对成套汇票之一张作出付款，但未要求将记载该承兑的汇票交付，而在到期日该未收回之汇票为正当持票人所持有，承兑人应对持票人负责。

（６）根据上述规则，如开立的成套汇票中的任何一张因付款或其他原因而解除责任，则所有各张汇票均被解除责任。

 

Conflict of Laws法律上的冲突

72 Rules where laws conflict. 第七十二条　法律冲突规则。

Where a bill drawn in one country is negotiated, accepted, or payable in another, the rights, duties, and liabilities of the parties thereto are determined as follows:—

(1)The validity of a bill as regards requisites in form is determined by the law of the place of issue, and the validity as regards requisites in form of the supervening contracts, such as acceptance, or indorsement, or acceptance supra protest, is determined by the law of the place where such contract was made.

Provided that—

(a)Where a bill is issued out of the United Kingdom it is not invalid by reason only that it is not stamped in accordance with the law of the place of issue:

(b)Where a bill, issued out of the United Kingdom, conforms, as regards requisites in form, to the law of the United Kingdom, it may, for the purpose of enforcing payment thereof, be treated as valid as between all persons who negotiate, hold, or become parties to it in the United Kingdom.

如汇票在一国开立，而在另一国流通、承兑、付款，则汇票各当事人之权利、责任、义务按如下规定决定：

　　（１）汇票要项之格式之有效性，由出票地法决定；诸如承兑或背书或对已作成拒绝证书的汇票的承兑等伴随合约要项之格式之有效性，由合约缔结地法决定。但：

　　（ａ）如汇票非在英国开立，则并不仅因汇票未根据出票地法贴印花税而使汇票无效；

（ｂ）如汇票非在英国开立，但汇票要项之格式符合英国法律，则该汇票在英国之流通转让人、持有人、或汇票当事人之间视为有效，并能达到执行支付之目的。

 

(2)Subject to the provisions of this Act, the interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made.

Provided that where an inland bill is indorsed in a foreign country the indorsement shall as regards the payer be interpreted according to the law of the United Kingdom.

(3)The duties of the holder with respect to presentment for acceptance or payment and the necessity for or sufficiency of a protest or notice of dishonour, or otherwise, are determined by the law of the place where the act is done or the bill is dishonoured.

（２）根据本法规定，对汇票之开立、承兑或对已作成拒绝证书的汇票之承兑的解释，由各该合约缔结地法决定。

　　但如一张英国国内汇票在国外背书，则对付款人而言，背书之解释应遵循英国法律。

（３）持票人对提示承兑或提示付款之责任和拒绝证书或退票通知之是否必要或充分，或其他事项，由行为地或退票地法决定。

 

Part III Cheques on a Banker第三节　对银行开立之支票

　　73 Cheque defined.第七十三条　支票之定义。

A cheque is a bill of exchange drawn on a banker payable on demand.

Except as otherwise provided in this Part, the provisions of this Act applicable to a bill of exchange payable on demand apply to a cheque.

支票是以银行为付款人的凭票即付之汇票。除本节另有规定外，凡适用于凭票即付之汇票之本法条文也适用于支票。

 

74 Presentment of cheque for payment. 第七十四条　支票之提示付款。

Subject to the provisions of this Act—

(1)Where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or the person on whose account it is drawn had the right at the time of such presentment as between him and the banker to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of such banker to a larger amount than he would have been had such cheque been paid.

除本法各项另有规定外：

（１）如支票未能在开立后之合理时间内提示付款，而支票之出票人或帐户人有权在支票提示时，按其与银行之约定，使支票付讫，但由于延迟提示而遭受实际损失，则其可按所受损失之程度被解除责任，即作为银行债权人之出票人或帐户人所持有之债权额大于该支票被付讫后所持之债权额，则就该超过部分可被解除责任。

 

(2)In determining what is a reasonable time regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case.

(3)The holder of such cheque as to which such drawer or person is discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge, and entitled to recover the amount from him.

（２）在决定何为合理时间时，应考虑票据之性质、商业和银行惯例，以及具体案例的事实。

（３）支票的出票人或帐户人被解除责任后，该支票之持有人应取代出票人或帐户人成为银行的债权人，对被解除责任之金额，有权要求银行偿付。

 

76 General and special crossings defined.　第七十六条　一般和特别划线的定义。

(1)Where a cheque bears across its face an addition of—

(a)The words “and company” or any abbreviation thereof between two parallel transverse lines, either with or without the words “not negotiable”; or

(b)Two parallel transverse lines simply, either with or without the words “not negotiable”;

 

that addition constitutes a crossing, and the cheque is crossed generally.

(2)Where a cheque bears across its face an addition of the name of a banker, either with or without the words “not negotiable,” that addition constitutes a crossing, and the cheque is crossed specially and to that banker.

（１）如支票在跨越其票面上有下列加注，即构成划线，支票亦就成为一般划线支票：

　　（ａ）在两条平行线之间载有“和公司”字样或任何编语，加上或不加上“不得流通”字样；或

　　（ｂ）仅仅为两条平行线，加上或不加上“不得流通”字样。

（２）如支票在跨越其表面上加注银行名字，加上或不加上“不得流通”字样，这一加注即构成了划线，支票就成为特别划线给该银行的支票。

 

77 Crossing by drawer or after issue. 第七十七条　出票人划线或支票在开出后划线。

(1)A cheque may be crossed generally or specially by the drawer.

(2)Where a cheque is uncrossed, the holder may cross it generally or specially.

(3)Where a cheque is crossed generally the holder may cross it specially.

(4)Where a cheque is crossed generally or specially, the holder may add the words “not negotiable.”

(5)Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker for collection.

(6)Where an uncrossed cheque, or a cheque crossed generally, is sent to a banker for collection, he may cross it specially to himself.

　　（１）支票可由出票人作成一般划线或特别划线。

　　（２）如支票未经划线，持票人可作成一般划线或特别划线。

　　（３）如支票已作成一般划线，持票人可作成特别划线。

　　（４）如支票被一般划线或特别划线，持票人可加上“不得流通”字样。

　　（５）如支票已被特别划线，被特别划线的该银行作为托收，可再将支票特别划线给另一银行。

（６）如一张未划线的支票或一张一般划线支票寄给银行以作托收，银行可将此支票特别划线给本行。

 

78 Crossing a material part of cheque. 第七十八条　划线是支票的重要部分。

A crossing authorised by this Act is a material part of the cheque; it shall not be lawful for any person to obliterate or, except as authorised by this Act, to add to or alter the crossing.

第七十八条　划线是支票的重要部分。

 

79 Duties of banker as to crossed cheques. 第七十九条　银行对划线支票的职责。

(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.

（１）如支票特别划线给超过一家银行，除非划线给其托收代理的银行，否则受票银行得拒绝付款。

　　（２）如划线支票的受票银行仍对这类支票作出付款，或将一般划线支票支付给银行以外的其他人，或将特别划线支票支付给划线的该银行以外或其托收代理的银行以外的其他人，应对由于此等付款而使支票真正所有人遭受的任何损失负责。

　　但如支票在其提示付款时看来未经划线，或虽经划线已被涂抹，或未经本法准许加列或改变，银行对支票的付款系善意且并无疏忽，则银行对之不负责任，也不承担任何义务。银行之付款不因下述原因而被查问：支票已被划线，或划线被涂抹，或未经本法准许加列、更改，以及将票款付给银行以外，划线的该银行以外，或根据具体情况其托收代理的银行以外之其他人。