Question 38. - Do you consider a draft drawn payable "with bank charges" negotiable?

Answer. - We would not consider this to be a bill of exchange. Section 28 (d) of the Bills of Exchange Act declares the sum payable by a bill to be "a sum certain" if it is paya'ble according to a rate of exchange to be ascertained as directed by the bill. This is the only provision in the Act which could be looked to to support the proposition that a bill payable "with bank charges" is for a sum certain, and we do not think that it would come within this section.