The Common Law of South Africa: A Treatise Based on Voet's Commentaries on the Pandects, with References to the Leading Roman-Dutch Authorities, South African Decisions, and Statutory Enactments in South Africa, Volume 1

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African Book Company, 1904 - Common law

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Page 365 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 365 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 365 - In particular the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 214 - Ms 1 Grandmother, 2 Grandfather's Wife, 3 Wife's Grandmother, 4 Father's Sister, 5 Mother's Sister, 6 Father's Brother's Wife, 7 Mother's Brother's Wife, 8 Wife's Father's Sister, 9 Wife's Mother's Sister. 10 Mother, 11 Step-mother, 12 Wife's Mother, 13 Daughter, 14 Wife's Daughter, 15 Son's Wife...
Page 365 - Every holder of a bill Is prima facie deemed to be a holder in due course; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill, is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill.
Page 138 - Lord one thousand seven hundred and fifty-two, to whom any beneficial Devise, Legacy, Estate, Interest, Gift or Appointment of or affecting any Real or Personal Estate, other than and except Charges on Lands, Tenements...
Page 18 - Court may c2 take judicial notice of any general custom which is not only well established but reasonable in itself. Any Dutch law which is inconsistent with such well-established and reasonable custom, and has not, although relating to matters of frequent occurrence, been distinctly recognised and acted upon by the Supreme Court, may fairly be held to have been abrogated by disuse.
Page 331 - WHEN the agreement for sale is of a thing not specified, as of an article to be manufactured, or of a certain quantity of goods in general, without a specific identification of them, or an
Page 216 - ... notice, enter his premises between the hours of eight in the forenoon and four in the afternoon and separate and take away such meter or other property of the company, and may disconnect any meter...
Page 18 - Colony, the law administered by the High Court of Justice in England, for the time being, so far as the same shall not be repugnant to, or in conflict with, any Ordinance, Act of Parliament or other statute having the force of law in this Colony, shall be the law to be administered by the said Supreme Court or other competent court.

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