on demand.

[V., Q., W. A. 87.] 86. (1.) Where a note payable on demand has been in- Note payable dorsed, it must be presented for payment within a reasonable time of the indorsement. If it be not so presented the indorser is discharged.

(V., Q., W. A. 88.]

[V., Q., W.A. 89.]

[Tas. i.]

[Tas. ii.]

(2.) In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade, and the facts of the particular case.

(3.) Where a note payable on demand is negotiated, it is not deemed to be overdue, for the purpose of affecting the holder with defects of title of which he had no notice, by reason that it appears that a reasonable time for presenting it for payment has elapsed since its issue.

of note for

87. (1.) Where a promissory note is in the body of it Presentment made payable at a particular place, it must be presented payment." for payment at that place in order to render the maker liable. In any other case, presentment for payment is not necessary in order to render the maker liable.

(2.) Presentment for payment is necessary in order to render the indorser of a note liable.

(3.) Where a note is in the body of it made payable at a particular place, presentment at that place is necessary in order to render an indorser liable; but when a place of payment is indicated by way of memorandum only, presentment at that place is sufficient to render the indorser liable, but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice.

88. The maker of a promissory note by making it—
(1.) Engages that he will pay it according to its

tenor;

(2.) Is precluded from denying to a holder in due
course the existence of the payee and his then
capacity to indorse.

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

Liability of maker.

Application of
Part II. to notes.

Interpretation.

Form of action upon bills due and costs.

89. (1.) Subject to the provisions in [] this part and, V., Q., W.A. 90.)
Victoria.-Insert in [] the words this Division of.

except as by this section provided, the provisions of
this [] Act relating to bills of

Victoria.-Insert in [] the words Part of this.

exchange apply, with the necessary modifications, to
promissory notes.

(2.) In applying those provisions the maker of a note
shall be deemed to correspond with the acceptor of a bill,
and the first indorser of a note shall be deemed to corre-
spond with the drawer of an accepted bill payable to
drawer's order.

(3.) The following provisions as to bills do not apply to notes; namely, provisions relating to -

(a) Presentment for acceptance;

(b) Acceptance;

Acceptance suprà protest;

Bills in a set.

(4.) Where a foreign note is dishonoured, protest thereof is unnecessary.

Victoria only.

Division 4.--Summary Proceedings.

91. In the interpretation of this Division of this Part of this Act and the provisions thereof, the term "bill” shall mean and include bill of exchange and promissory note.

92. Any action upon a bill commenced within six months after the same shall have become due may be by writ of summons in the form contained in the Second Schedule to this Act and indorsed as therein mentioned. And it shall be lawful for the plaintiff on filing an affidavit of personal service of such writ or an order for leave to proceed as provided by any law or rule of practice now or hereafter to be in force and a copy of the writ of summons and the indorsements thereon, in case the defendant shall not have obtained leave to appear and have appeared to such writ according to the exigency thereof, at once to sign final judgment in the form contained in the Third Schedule to this Act (on which judgment no proceeding in error shall lie) for any sum not exceeding the sum indorsed on the writ together with the interest at the rate specified (if any) to the date of the judgment, and the fixed sum hereinafter mentioned for costs (exclusive of mileage) that is to say-in town causes four guineas, and in country or agency causes five

Variations

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

pounds (unless the plaintiff claim more than such fixed sum, in which case
the costs shall be taxed in the ordinary way); and the plaintiff may upon
such judgment issue execution forthwith.

93. A judge of the Supreme Court shall upon application where the Judge if he shall
defendant resides within fifty miles of the General Post Office within eight see cause may
allow appearance
and where the defendant resides beyond that distance within sixteen days to writ and action
from such service give leave to appear to such writ and to defend the action, to be defended.
on the defendant paying into court the sum indorsed on the writ or upon
affidavits satisfactory to the judge which disclose a defence or such facts as
would make it incumbent on the holder to prove consideration or such other
facts as the judge may deem sufficient to support the application; and on
such terms as to security or otherwise as to the judge may seem fit.

94. After judgment the court or a judge may under special circumstances Judge may allow set aside the judgment and if necessary stay or set aside execution and action to be defended after may give leave to appear to the writ and to defend the action if it shall judgment if he appear to be reasonable to the court or judge so to do, and on such terms as see fit. to the court or judge may seem just.

officer of court,

95. In any proceedings under this Division of this Part of this Act, it Bill to be shall be competent to the court or a judge to order the bill sought to be deposited with proceeded upon to be forthwith deposited with an officer of the court; and and plaintiff to further to order that all proceedings shall be stayed until the plaintiff shall give security for have given security for the costs thereof.

costs.

be recovered

96. The holder of every dishonoured bill shall have the same remedies for Expenses of the recovery of the expenses incurred in noting the same for non-acceptance noting, dc., may or non-payment or otherwise by reason of such dishonour, as he has under with the bill. this Act for the recovery of the amount of such bill.

97. The holder of any bill may if he think fit issue one writ of summons One writ may be issued against according to this Division of this Part of this Act against all or any number all the parties to of the parties to such bill; and such writ of summons shall be the a bill. commencement of an action or actions against the parties therein named respectively; and all subsequent proceedings against such respective parties. shall be in like manner (so far as may be) as if separate writs of summons had been issued.

to this Part.

98. The practice and mode of procedure for the time being applicable to Practice in and regulating actions at law shall (so far as the same are not inconsistent actions to apply herewith) extend and apply to all proceedings had or taken under this Division of this Part of this Act.

PART V.-SUPPLEMENTARY.

Victoria.-For Part V. read Division 5.

90. A thing is deemed to be done in good faith, within Good faith. the meaning of this [ ] Act, where it is in fact done honestly, whether it is done negligently or not.

Victoria.-Insert in [ ] the words Part of this.

Variations

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

Signature.

Computation of time.

92.]

A,

91. (1.) Where, by this [ ] Act, any instrument or IV. 100, Q., W.A.
Victoria.-Insert in [ ] the words Part of this.

writing is required to be signed by any person, it is not
necessary that he should sign it with his own hand, but it
[is] sufficient if his signature is written thereon by some
other person by or under his authority.

Queensland.-For [is] read [shall be].

(2.) In the case of a corporation, where, by this [] Act, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal.

But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal.

Victoria.-Insert in [] the words Part of this.

93.1

92. Where, by this [ ] Act, the time limited for doing (v.101, Q., W. A. any act or thing is less than three days, in reckoning time, non-business days are excluded.

Victoria.-Insert in [ ] the words Part of this.

"Non-business days" for the purposes of this Act

(b) A bank holiday under the [" Bank Holidays (Tas. ii.]
Act, 1871," or Acts amending it:]

Victoria. For words in [] read [Banks and Currency Act 1890 or

Acts amending it :]

New South Wales. -For words in [ ] read ["Bank Holidays Act,
1875," or Acts amending or extending it:]

South Australia. -For sub-section (b) substitute the following:-
(b) A bank or public holiday.

Queensland.-For sub-section (b) substitute the following:—

(b) A bank holiday under "The Bank Holidays Act of
1877," or Acts amending or in substitution for it.
Western Australia.- For the Bank Holidays Act, 1871, read
Tasmania.-
"The Bank Holidays Act, 1884."
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

[Tas. iii.]

[V. 102, Q., W.A. 94.]

[V. 103, Q., W. A. 95.]

New Zealand.-For sub-sec. (b) substitute the following:

(b) Good Friday, Christmas Day, and every other bank
holiday under "The Banks and Bankers Act, 1880,"
and "The Banks and Bankers Act Amendment Act,
1882."

(c) A day appointed by [Royal proclamation] as
a public fast or thanksgiving day.

Victoria.-
New

For words in [] read [proclamation by the

New South Wales.-J Governor in Council].

South Australia. -For words in [] read [Proclamation].

Queensland.

Western Australia.} Omit sub-sec. (e).

Tasmania. For words in [ ] read [Proclamation by the Governor

in Council].

New Zealand.-Omit sub-sec. (c).

Any other day is a business day.

equivalent to

93. For the purposes of this [ ] Act, where a bill or When noting note is required to be protested within a specified time or protest. before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.

Victoria.-Insert in [ ] the words Part of this.

notary not

94. Where a dishonoured bill or note is authorised or Protest when required to be protested, and the services of a notary accessible. cannot be obtained at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.

The form given in [Schedule I.] to this Act may First Schedule.
be used with necessary modifications, and if used shall
be sufficient.

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