支票法统一规则

or in different continents.

　　For the purposes of this article cheques issued in a European country and payable in a country bordering on the Mediterranean or vice versa are regarded as issued and payable in the same continent.

　　The date from which the above mentioned periods of time shall begin to run shall be the date stated on the cheque as the date of issue.

　　Article 30.

　　Where a cheque is drawn in one place and is payable in another having a different calendar，the day of issue shall be construed as being the corresponding day of the calendar of the place of payment.

　　Article 31.

　　Presentment of a cheque at a clearing house is equivalent to presentment for payment.

　　Article 32.

　　The cou

ntermand of a cheque only takes effect after the expiration of the limit of time for presentment.

　　If a cheque has not been countermanded， the drawee may pay it even after the expiration of the time limit.

　　Article 33.

　　Neither the death of the drawer nor his incapacity taking place after the issue of the cheque shall have any effect as regards the cheque.

　　Article 34.

　　The drawee who pays a cheque may require that it shall be given up to him receipted by the holder.

　　The holder may not refuse partial payment.

　　In case of partial payment the drawee may require that the partial payment shall be mentioned on the cheque and that a receipt shall be given to him.

　　Article 35.

　　The sable cheque is bound to verify the regularity of the series of endorsements， but not the signature of the endorsers.

　　Article 36.

　　When a cheque in a currency which is not that of the place of payment， the sum payable may，within the limit of time for the presentment of the cheque， be paid in the currency of the country according to its value on the date of payment. If payment has not been made on presentment， the holder may at his option demand that payment of the amount of the cheque in the currency of the country shall be made according to the rate on the day of presentment or on the day of payment.

　　The usages of the e applied in determining the value of foreign currency. Nevertheless， the drawer may stipulate that the sum payable shall be calculated according to a rate expressed in the cheque.

　　The foregoing rule case in which the drawer has stipulated that payment must be made in a certain specified currency （stipulation for effective payment in a foreign currency）。

　　If the amount of the cheque is specified in a currency having the same denomination but a different value in the country of issue and the country of payment， reference is deemed to be

　　made to the currency of the place of payment.

　　CHAPTER V.- CROSSED CHEQUES AND CHEQUES PAYABLE IN ACCOUNT.

　　Article 37.

　　The drawer or holders of a cheque may cross it with the effects stated in the next article hereof.

　　A crossing takes the form of two parallel lines drawn on the fact of the cheque. The crossing may be general or special.

　　The crossing is general if it consists of the two lines only or if between the lines the term "banker" or some equivalent is inserted； it is special if the name of a banker is written between the lines.

　　A general crossing special crossing， but a special crossing may not be converted into a general crossing.

　　The obliteration either of a crossing or of the name of the banker shall be regarded as not having taken place.

　　Article 38.

　　A cheque which is crossed generally can be paid by the drawee only to a banker or to a customer of the drawee.

　　A cheque which is crossed specially can paid by the drawee only to the named banker， or if the latter is the drawee， to his customer. Nevertheless the named banker may procure the cheque to be collected by another banker.

　　A banker may not acquire a crossed cheque except from one of his customers or from another banker. He may not collect it for the account of other persons than the foregoing.

　　A cheque bearing s may not be paid by the drawee except in a case where there are two crossings， one of which is for collection through a clearing-house.

　　The drawee or banker who fails to observe the above provisions is liable for resulting damage up to the amount of the cheque.

　　Article 39.

　　The drawer or the holder of a cheque may forbid its payment in case by writing transversally across the face of the cheque the words "payable in account" （"a porter en compte"） or a similar expression.

　　In such a case the cheque can only be settle by the drawee by means of book

-entry （credit in account， transfer from one account to another， set off or clearing-house settlement）。

　　Settlement by book-entry is equivalent to payment.

　　Any obliteration of the words "payable in account" shall be deemed not to have taken place.

　　The drawee who does not observe the foregoing provisions is liable for resulting damage up to the amount of the cheque.

　　CHAPTER VI. - RECOURSE FOR NON-PAYMENT.

　　Article 40.

　　The holders may exercise his right of recourse against the endorsers， the drawer and the other parties liable if the cheque on presentment in due time is not paid， and if the refusal to pay is evidenced：

　　（1） by a formal instrument （protest）， or

　　（2） by a declaration dated and written by the drawee on the cheque and specifying the day of presentment， or

　　（3） by a dated declaration made by a clearing-house， stating that the cheque has been delivered in due time and has not been paid.

　　Article 41.

　　The protest or equivalent declaration must be made before the expiration of the limit of time for presentment.

　　If the cheque is presented on the last day of the limit of time， the protest may be drawn up or the equivalent declaration made on the first business day following.

　　Article 42.

　　The holder must give notice of non-payment to his endorser and to the drawer within the four business days which follow the day on which the protest is drawn up or the equivalent declaration is made or， in case of a stipulation "retour sans frais"， the day of presentment. Every endorser must， within the two business days following the day on which he receives

　　notice， inform his endorser of the notice which he has received， mentioning the names and addresses of those who have given the previous notices and so on through the series until the drawer is reached.

　　The periods mentioned above run from the receipt of the preceding notice.

　　When， in conformity with the preceding paragraph， notice is given to a person who has signed a cheque， the same notice must be given within the same limit of time to his avaliseur.

　　Where an endorser either has not specified his address or has specified it in an illegible manner， it is sufficient if notice is given to the endorser preceding him.

　　The person who must give notice may give it in any form whatever， even by simply returning the cheque.

　　He must prove that he has given notice within the limit of time prescribed. This time-limit shall be regarded as having been observed if a letter giving the notice has been posted within the said time.

　　A person who does not give notice within the limit of time prescribed above does not forfeit his rights. He is liable for the damage， if any， caused by his negligence， but the amount of his liability shall not exceed the amount of the cheque.

　　Article 43.

　　The drawer， an endorser， or an avaliseur may， by the stipulation "retour sans frais"， "sans protet"， or any other equivalent expression written on the instrument and signed， release the holder from having a protest drawn up or an equivalent declaration made in order to exercise

　　his right of recourse.

　　This stipulation does not release the holder from presenting the cheque within the prescribed limit of time， or from giving the requisite notices. The burden of proving the non-observance of the limit of time lies on the person who seeks to set it up against the holder.

　　If the stipulation is written by the drawer， it is operative in respect of all persons who have signed the cheque； if it is written by an endorser or an avaliseur， it is operative only in respect of such endorser or avaliseur. If， in spite of the stipulation written by the drawer， the holder has the protest drawn up or the equivalent declaration made， he must bear the expenses thereof. When the stipulation emanate

s from an endorser or avaliseur， the costs of the protest or equivalent declaration， if drawn up or made， may be recovered from all the persons who have signed the cheque.

　　Article 44.

　　All the persons liable on a cheque are jointly and severally bound to the holder.

　　The holder has the right to proceed against all these persons individually or collectively without being compelled to observe the order in which they have become bound.

　　The same right is possessed by any person signing the cheque who has taken it up and paid it.

　　Proceedings against one of the parties liable do not prevent proceedings against the others，even though such other parties may be subsequent to the party first proceeded against.

　　Article 45.

　　The holder may claim from the party against whom he exercises his right of recourse：

　　（1） the unpaid amount of the cheque；

　　（2） interest at the rate of six per cent as from the date of

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