Page images
PDF
EPUB

For the whole paragraph substitute-
Western Australia.-Be it enacted by His Excellency the Governor

of Western Australia and its Dependencies, by and with the
advice and consent of the Legislative Council thereof, as

follows: Tasmania.-Be it enacted by His Excellency the Governor of Tasmania,

by and with the advice and consent of the Legislative Council and

House of Assembly, in Parliament assembled, as follows: New Zealand.-Be it enacted by the General Assembly of New

Zealand in Parliament assembled, and by the authority of the same, as follows:

[Part 1.-PRELIMINARY.]

Victoria-Omit heading in [ ]

1. This Act may be cited as the Bills of Exchange Act, 1882.

Short title.

Victoria-For section 1 substitute the following:

Short title, com1. This Act may be cited as the Instruments Act 1890, and shall come division.

mencement, and into operation on the first day of August One thousand eight hundred and ninety, and is divided into Parts Divisions and Subdivisions as follows:

(1) Form and Interpretation ss.

4-22.
(2) Capacity and authority of

Parties ss. 23-27.
(3) The Consideration for a Bill ss.

28-31.

(4) Negotiation of Bills ss. 32-39. Division 1.

(5) General Duties of the Holder
Bills of Ex-

ss. 40-53.
change.
Part I.- Bills of

(6) Liabilities of Parties ss. 54-59.
Exchange

(7) Discharge of Bill ss. 60-65. Cheques and

(8) Acceptance and Payment for Promissory

honour ss. 66-69.
Notes.

(9) Lost Instruments ss. 70 and 71.
(10) Bill in a Set s. 72.

(11) Conflict of Laws s. 73.
Division 2.-
Cheques on a

(1) Generally ss. 74-76.
Banker.

(2) Crossed Cheques ss. 77-83.
Division 3.-Promissory Notes ss. 84-90.
Division 4.–Summary Proceedings ss. 91-98.
Division 5.--Supplementary ss. 99-107.

N.B.-The text, in large type, is that of the original (English Act. Variations

therefrom appear in small type. The existence of variations is indicated by the delivery or notification. N.B.--The text, in large type, is that of the original (English) Act. Variations

[ocr errors]

New South Wales.- For the Bills of Exchange Act, 1882 read the

“Bills of Exchange Act, 1887.”
South Australia. -For the Bills of Exchange Act, 1882 read the Bills

of Exchange Act, 1884.
Queensland. For the Bills of Exchange Act, 1882 read “The Bills of

Exchange Act 1884."
Western Australia.-For the Bills of Exchange Act, 1882 read The

Bills of Exchange Act 1884."
Tasmania.- For the Bills of Exchange Act, 1882 read The Bills of

Exchange Act, 1884."
New Zealand. - For the Bills of Exchange Act, 1882 read “The Bills of
Exchange Act, 1883.”

Victoria only.
[2. The Acts mentioned in the First Schedule to this Act to the extent

Repeal

First Schedule. to which the same are thereby expressed to be repealed are hereby repealed. Provided that such repeal shall not affect any instrument or security the subject matter of this Act made or given or in existence before or at the commencement of this Act, nor the registration of any instrument or security the subjectmatter of this Act effected before the commencement of this Act, nor any contract or agreement made lien or pledge given or other act matter or thing done before the commencement of this Act. And all bills of exchange promissory notes bankers' drafts cheques on bankers

in existence or effected before the commencement of this Act and all contracts agreements liens pledges or other act matter or thing made entered into or done before the commencement of this Act shall have and be of the same force and effect and continue to have and be of the same force and effect to all intents and purposes whatsoever as the same would respectively have had or continued to have had if this Act had not been passed, and not further or otherwise.]

Queensland and Western Australia only.
[2. This Act shall come into operation on the first day of January, One Commencement.

thousand eight hundred and eighty-five.]
Victoria.Part I.—Bills of Exchange Cheques and Promissory Notes.

terms.

IV.3, Q.3, W.A. 2. In this [ ] Act, unless the context otherwise Interpretation of 3.

requires,

Victoria.Insert in [ ] the words Part of this
Vew Zealand. -For [2. In this Act, unless the context otherwise

requires] read [2. In this Act, if not inconsistent with the

context, -]
“ Acceptance” means an acceptance completed by

therefrom appear in small type. The existence of variations is indicated by the

“ Action” includes [] counter-claim and set-off.

New South Wales. -Insert in [ ] suit in equity.
“ Australasia" means and includes Australia, Tasmania, New

Zealand, and the Fiji Islands.
Tasmanii.- For “Action” includes counter-claim and set-off

read Action” includes set-off': ["Banker” includes a body of persons whether in

corporated or not who carry on the business
of banking:]
Queensland.-

For the words in [ ] substitute [“ Banker" or “Bank” includes a person or body of persons, whether

incorporated or not, carrying on the business of banking.] Bankrupt”] includes any person whose estate is

vested in a trustee or assignee under the law
for the time being in force relating to [bank-
ruptcy.]
Victoria.- For [“ Bankrupt”] read [“Insolvent'] and for

[bankruptcy] read (insolvency).
New South Wales.After [bankruptcy] add (or insolvency).
South Australia.--- For paragraph relating to "Bankrupt"

substitute the following: “Insolvent" means any person whose estate is vested in a trustee or assignee under the law for the time being in force relating to insolvency, or by virtue of any assignment for the benefit of creditors under the Statute No. 16 of 1860, or other the law for

the time being in that behalf. Queenslanul.- For ["Bankrupt"] read [“Insolvent") and for

[bankruptcy] read (insolvency). “ Bearer” means the person in possession of a bill or

note which is payable to bearer. “ Bill” means bill of exchange, [and “note” means

promissory note].
New South Wales.Omit words in [ ]. Definition of a note"

comes after Issue.”
Queensland.--" Australasia” means and includes Australia,

Tasmania, New Zealand, and the Fiji Islands,

Colony” means the colony of Queensland.
Western Australia.—Colony” means the colony of Western

Australia.

N.B.-The text, in large type, that of the original (English) Act. Variations

therefrom appear in small type. The existence of variations is indicated by the

1

Delivery” means transfer of possession, actual or
constructive, from one person to another.
South Australia.—“Foreign Bill” means every bill of ex-

change which is not an inland bill:
“Holder” means the payee or indorsee of a bill or

note who is in possession of it, or the bearer

thereof.
“ Indorsement” means an indorsement completed by

delivery.

["Insolvent," see "Bankrupt."]
“Issue" means the first delivery of a bill or note,

complete in form to a person who takes it as a
holder,

New South Wales.-“Note” means promissory note.
“Person” includes a body of persons whether incor-

porated or not.
South Australia. — “Province” means the province of South

Australia.
• Value” means valuable consideration.
*Written” includes printed, and “writing" includes

print.
South Australia.-“ Australia” shall include the whole of the

Australian Continent, Tasmania, New Zealand, and Fiji,
and all islands adjacent thereto which are portions of
Her Majesty's dominions.

PART II.-BILLS OF EXCHANGE.

Victoria,-- For Part II read Division I.

Form und Interpretation.

Victoria.- Insert I before Form and Interpretation. 3. (1.) A bill of exchange is an unconditional order in Bill of Exchange writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer. N.B.–The text, in large type, is that of the original (English) Act. Variations

IV., Q., W.A. 4.)

defined.

therefrom appear in small type. The existence of variations is indicated by the

2.) An instrument which does not comply with these
conditions, or which orders any act to be done in addition
to the payment of money, is not a bill of exchange.

(3.) An order to pay out of a particular fund is not
unconditional within the meaning of this section; but an
unqualified order to pay, coupled with (a) an indication
of a particular fund out of which the drawee is to reim-
burse himself or a particular account to be debited with
the amount, or (b) a statement of the transaction which
gives rise to the bill, is unconditional.
(4.) A bill is not invalid by reason-

(a.) That it is not dated;
(6.) That it does not specify the value given, or

that any value has been given therefor;
(c.) That it does not specify the place where it is

drawn or the place where it is payable.

Inland and foreign bills.

4. (1.) An inland bill is a bill which is or on the face (v., Q., W.A. 5.)
of it purports to be (a) both drawn and payable within
[the British Islands), or (6) drawn within (the British
Islands] upon some person resident therein. " Any other
bill is a foreign bill.
Victoria.- For words in [ ] read [Australia Tasmania New Zealand or

Fiji Islands.]
New South Wales. For words in [ ] read [Australasia.]
South Australia.-(a) For words in [ ] read (Australia.]

(6) For words in t I read (province.]
Queensland.--For words in [ ] read [Australasia.]
W’estern Australia. -For words in [ ] read [Australia, Tasmania, New

Zealand, or Fiji Islands.]
Tasmania.--For words in [ ] read [Tasmania.]

New Zealand.- For words in [ ] read [colony.]
[For the purposes of this Act “British Islands” mean
any part of the United Kingdom of Great Britain and
Ireland, the islands of Man, Guernsey, Jersey, Alderney,

N.B.—The text, in large type, is that of the original (English) Act, Variations

therefrom appear in small type. The existence of variations is indicated by the

« PreviousContinue »