1924th Book3 Title21 Chapter06

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (April 1924)

BOOK III ON SPECIFIC CONTRACTS. (April 1924)

• The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. 40, 41, 42, 43, 44, 45, 46, 47, 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
• For the details, please, refer to the page of "Introduction" and the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".

← Previous Page | Next Page →

TITLE XXI. Bills.

Chapter VI. Forged, Stolen and Lost Bills.

Section 1166.

• A forged bill means a bill which has been fabricated or altered or which bears false signatures as defined by Section 222 of the Penal Code.

- Thai translation: P.86/306

《Genealogies》

1. Draft of 1919: Ob.1116
2. Code of January 1925: -
3. Code of January 1929: -

Section 1167.

• A person who forges a bill has no rights under such bill.

- Thai translation: P.86/306

《Genealogies》

1. Draft of 1919: Ob.1117
2. Code of January 1925: -
3. Code of January 1929: -

Section 1168.

• A bill bearing false signatures is valid for the genuine signatures which may be on it.

- Thai translation: P.86/306

《Genealogies》

1. Draft of 1919: Ob.1118
2. Code of January 1925: 1006
3. Code of January 1929: 1006

Section 1169.

• [I] If a statement in a bill has been altered without the consent of the parties, any person who affixes his signature on such bill after the alteration is liable according to the tenor of the altered bill.
• [II] If it is impossible to find out whether the signature was affixed before or after the alteration was made, the signature is presumed to have been affixed before alteration.

- Thai translation: P.86/310

《Genealogies》

1. Draft of 1919: Ob.1119
2. Code of January 1925: 1007
3. Code of January 1929: 1007

Section 1170.

• No rights can be exercised under a forged bill by a person who acquired it or became a party to it in bad faith or without such care as may be expected from a person of ordinary prudence.
• When a signature on a bill is forged, no rights can be exercised against any party thereto through or under that signature by a person who acquired it or become a party to it.

- The Commission of Codification, 31th October 1922, Vol.42, P.42/133

- Thai translation: P.86/310

《Genealogies》

1. Draft of 1919: Ob.1120
2. Code of January 1925: -
3. Code of January 1929: -

Section 1171.

• If a bill payable to order on demand is drawn on a banker and such banker pays the bill in good faith, and in the ordinary course of business, he is deemed to have paid it in due course only in the case where the indorsement or the payee or any other subsequent indorsement has been forged.

- The Commission of Codification, 31th October 1922, Vol.42, P.42/133

- The Committee of Legislative Drafting, 14th February 1924, P.43/229

- Thai translation: P.86/310

《Genealogies》

1. Draft of 1919: -
2. Code of January 1925: -
3. Code of January 1929: -

Section 1172.

• The holder of a bill which is lost or stolen must, as soon as he knows of the loss or theft, notify in writing the maker, the drawee, the referee in case of need, the acceptor for honour and the surety, if any, to refuse payment of the bill.

- Thai translation: P.86/312

《Genealogies》

1. Draft of 1919: Ob.1121
2. Code of January 1925: 1010
3. Code of January 1929: 1010

Section 1173.

• [I] If the lost or stolen bill is presented for acceptance or payment to a person who has received the notice provided by Section 1121 1172 he must inform the person presenting it that the bill is a lost or stolen bill.
• [II] He must also notify the holder of the bill without delay the name and description of the person presenting it.

- Thai translation: P.86/312

《Genealogies》

1. Draft of 1919: Ob.1122
2. Code of January 1925: -
3. Code of January 1929: -

Section 1174.

• The person presenting a bill which was lost or stolen must surrender it to its holder without compensation if it is proved that he acquired it in bad faith or without such care as may be expected from a person of ordinary prudence.

- Thai translation: P.86/312

《Genealogies》

1. Draft of 1919: Ob.1123
2. Code of January 1925: -
3. Code of January 1929: -

Section 1175.

• [I] If the lost or stolen bill is not presented for payment on the day of maturity the holder is entitled to get a copy duplicate-bill of the same tenor.
• [II] The copy duplicate-bill must be demanded through the successive indorsers.

- The Revising Committee, 13th February 1924, P.43/230

- Thai translation: P.86/313

《Genealogies》

1. Draft of 1919: Ob.1124
2. Code of January 1925: 1011
3. Code of January 1929: 1011

Section 1176.

• If the lost or stolen bill was payable after sight but not accepted or was payable on demand, the holder is entitled to get the copy duplicate-bill as soon as the notice of loss or theft has reached the maker, the drawee, the referee in case of need, the acceptor for honour and the surety, if any.

- The Revising Committee, 13th February 1924, P.43/230

- Thai translation: P.86/313

《Genealogies》

1. Draft of 1919: Ob.1125
2. Code of January 1925: -
3. Code of January 1929: -

Section 1177.

• The holder has under the copy duplicate-bill the same rights as under the original bill, except rights lost by prescription or by the omission of any necessary proceedings.

- The Revising Committee, 13th February 1924, P.43/230

- Thai translation: P.86/313

《Genealogies》

1. Draft of 1919: Ob.1126
2. Code of January 1925: -
3. Code of January 1929: -

Section 1178.

• Whoever presents a bill which has been lost or stolen, and receives payment of it is bound to repay the sum received by him if it is proved that he acquired the bill in bad faith or without such care as may be expected from a person of ordinary prudence.

- Thai translation: P.86/315

《Genealogies》

1. Draft of 1919: Ob.1127
2. Code of January 1925: -
3. Code of January 1929: -

Section 1179.

• If the loss, theft or forgery of a bill was caused or facilitated by the fault of one of the parties to the bill, he is liable to the person who has paid or repaid the bill for such part of the injury caused, as the Court may think fit.

- Thai translation: P.86/315

《Genealogies》

1. Draft of 1919: Ob.1128
2. Code of January 1925: -
3. Code of January 1929: -