22 THECUBAREVIEW 



note placed on the face of the instrument, that there exist sufficient funds in the bank 

 to pay the same. In this case the bank becomes responsible for the payment of the 

 check and the liabilities of the drawer and endorsers shall cease to exist. 



161. If the check is certified by the drawer himself, his liability and that of 

 the endorsers shall subsist together with that of the bank which certifies, provided 

 the check has been presented for collection within the time set forth in this law. Other- 

 wise the bank alone shall be liable. 



162. In the case of loss or destruction of checks, duplicates may be drawn by 

 virtue of an agreement between the drawer and drawee and provided the holder shall 

 offer a bond to their satisfaction to make the amount of the same good, during the 

 period of one year. 



163. Actions of all kinds arising from a check prescribed one year from date 

 of the issue of the check. 



164. The provisions contained in the Code of Commerce with respect to the solidary 

 guarantee of the drawer and endorser, and with respect to the protest and to the 

 exercise of the actions which arise from bills of exchange, shall be applicable to checks. 



165. Checks may be drawn only upon banks and the drawing of the same against 

 private individuals or commercial associations which have funds of the drawer on hand, 

 is absolutely prohibited. 



166. For this purpose the banks shall make up books of forms or models of checks 

 of the size that shall be determined by the National Banking Commission so that the 

 depositors may use the same in making their orders for payment. These books of 

 forms or of checks shall be numbered consecutively and shall be delivered only to the 

 depositor or to a person duly authorized, and the bank that violates this provision 

 shall incur in a fine of $1,000 in addition to the civil liability existent in the case 

 of fraud or forgery. 



In the case of the forgery of a check, the bank shall be responsible for the damage 

 caused : 



(a) When the signature of the drawer has been clearly forged. 



(b) When the check that has been paid has amendments, erasures or other 

 defects of the kind enumerated in article 150. 



(c) When the forgery has been committed on check books not delivered by 

 the bank to the drawer. 



167. The bank is not liable for the forgery of the signatures of the endorsers. 



168. The drawer is liable for the prejudicial consequences of the forgery, when 

 the signature forged appears on checks delivered by the bank to the drawer and 

 is perfect, it being impossible for persons not handwriting experts to discover the 

 forgery. 



169. A check may be crossed in a general or special manner. That cross in 

 general is the case where it has no name between the parallel lines of the same; and 

 it is especially crossed if the name of a specified bank is written between the parallel 

 lines of the same. 



170. The holder of a check crossed in general may cross it especially at the same 

 time. And the drawee against whom the general crossed check has been addressed shall 

 pay the same only to a bank. The especially crossed check may only be presented 

 for payment by the bank designated, but if it does not make collection directly, it 

 may do so through another bank by endorsing on the same the order for collection. 



171. The holder is absolutely prohibited from erasing or changing the cross lines 

 and notes on a crossed check. 



TITLE IV. 



Suspension of Payments, Reorganization and Liquidation of Banks, Banking 



Houses and Savings Banks 



172. The provisions of this title are applicable to all classes of banks, bankers, 

 savings societies and to whatever other commercial associations and private bankers 



