[V., Q., W. A. 6.]

(V., Q., W. A. 7.]

[V., Q., W.A. 8.]

and Sark, and the islands adjacent to any of them being
part of the dominions of Her Majesty.]

(2.) Unless the contrary appear on the face of the bill, the holder may treat it as an inland bill.

5. (1.) A bill may be drawn payable to, or to order of, the drawer; or it may be drawn payable to, to the order of, the drawee.

the Effect where or to bill are the

2.) Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or as a promissory note.

different parties

same person.

drawee.

6. (1.) The drawee must be named or otherwise Address to indicated in [a] bill with reasonable certainty.

Queensland.-Omit [a].

(2.) A bill may be addressed to two or more drawees whether they are partners or not, but an order addressed to two drawees in the alternative or to two or more drawees in succession is not a bill of exchange.

7. (1.) Where a bill is not payable to bearer, the payee Certainty must be named or otherwise indicated therein with required as to reasonable certainty.

(2.) A bill may be made payable to two or more
payees jointly, or it may be made payable in the
alternative to one of two, or one or some of several
payees. A bill may also be made payable to the holder
of an office for the time being.

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

paree.

What bills are

negotiable.

Sum payable.

(3.) Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.

8. (1.) When a bill contains words prohibiting trans- [V., Q., W.A. 9.] fer, or indicating an intention that it should not be transferable, it is valid as between the parties thereto, but is not negotiable.

(2.) A negotiable bill may be payable either to order or to bearer.

(3.) A bill is payable to bearer which is expressed to be so payable, or on which the only or last indorsement is an indorsement in blank.

(4.) A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable.

(5.) Where a bill, either originally or by indorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option.

9. (1.) The sum payable by a bill is a sum certain [V., Q., W.A. 10. ]
within the meaning of this [ ] Act, although it is
required to be paid-

Victoria.-Insert in [ ] the words Part of this.
(a.) With interest.

(b.) By stated instalments.

(c.) By stated instalments, with a provision that
upon default in payment of any instalment
the whole shall become due.

(d.) According to an indicated rate of exchange
or according to a rate of exchange to be
ascertained as directed by the bill.

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

[V., Q., W.A. 11.]

(2.) Where the sum payable is expressed in words and also in figures, and there is a discrepancy between the two, the sum denoted by the words is the amount payable.

(3.) Where a bill is expressed to be payable with interest, unless the instrument otherwise provides, interest runs from the date of the bill, and if the bill is undated from the issue thereof.

10. (1.) A bill is payable on demand

(a.) Which is expressed to be payable on demand,
or at sight, or on presentation; or

(b.) In which no time for payment is expressed.
(2.) Where a bill is accepted or indorsed when it is
overdue, it shall, as regards the acceptor who so accepts,
or any indorser who so indorses it, be deemed a bill
payable on demand.

Bill payable on demand.

future time.

[V., Q., W.A. 12.] 11. A bill is payable at a determinable future time Bill payable at a within the meaning of this [ ] Act which is expressed to be payable

[V., Q., W.A. 13.]

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

(1.) At a fixed period after date or sight.

(2.) On or at a fixed period after the occurrence of
a specified event which is certain to happen,
though the time of happening may be uncer-
tain.

An instrument expressed to be payable on a contin-
gency is not a bill, and the happening of the event does
not cure the defect.

in bill payable

12. Where a bill expressed to be payable at a fixed omission of date period after date is issued undated, or where the accept- after date. ance of a bill payable at a fixed period after sight is

Variation

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 th

8

Ante-dating and post-dating.

Computation of time of payment.

undated, any holder may insert therein the true date of
issue or acceptance, and the bill shall be payable
accordingly.

Provided that (1) where the holder in good faith and
by mistake inserts a wrong date, and (2) in every case
where a wrong date is inserted, if the bill subsequently
comes into the hands of a holder in due course the bill
shall not be avoided thereby, but shall operate and be
payable as if the date so inserted had been the true
date.

13. (1.) Where a bill or an acceptance or any indorse- [V., Q., W.A. 14.] ment on a bill is dated, the date shall, unless the contrary

be proved, be deemed to be the true date of the drawing,
acceptance, or indorsement, as the case may be.

(2.) A bill is not invalid by reason only that it is
ante-dated or post-dated, or that it bears date on a
Sunday.

14. Where a bill is not payable on demand the day (v., Q.,W.A. 15.1 on which it falls due is determined as follows:

(1.) Three days, called days of grace, are, in every

case where the bill itself does not otherwise
provide, added to the time of payment as fixed
by the bill, and the bill is due and payable on
the last day of grace: [Provided that-
(a) When the last day of grace falls on Sunday,
Christmas Day. Good Friday, or a day
appointed by Royal proclamation as a
public fast or thanksgiving day, the bill is,
except in the case hereinafter provided for,
due and payable on the preceding business
day;

(b) When the last day of grace is a Bank Holiday
(other than Christmas Day or Good Friday)
under the Bank Holidays Act 1871 and

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

Acts amending or extending it, or when the last day of grace is a Sunday and the second day of grace is a Bank Holiday, the bill is due and payable on the succeedin business day.]

For part in [] substitute

Victoria.-[Provided that when the last day of grace is a Sunday or a bank holiday under the Banks and Currency Act 1890 and Acts amending or extending it or a day appointed by the Governor in Council as a day of solemn fast or thanksgiving, the bill is due and payable on the succeeding business day:]

New South Wales. -[Provided that--when the last day of grace falls on Sunday, or on a bank holiday under the "Bank Holidays Act, 1875," and Acts amending or extending it, or on a day appointed by proclamation by the Governor-in-Council as a day of public fast or thanksgiving, the bill is due and payable on the succeeding business day.]

South Australia.-[Provided that when the last day of grace falls on Sunday, Christmas Day, Good Friday, or a public or bank holiday, or a day appointed by proclamation as a public fast or thanksgiving day the bill is due and payable on the succeeding business day:]

Queensland.[Provided that when the last day of grace is a Sunday, or a bank holiday under "The Bank Holidays Act of 1877," or any Act amending or in substitution for it, the bill is due and payable on the succeeding business day.]

Western Australia.-[Provided that (a) When the last day of grace falls on Sunday, Christmas Day, Good Friday, or a bank holiday under "The Bank Holidays Act, 1884," the bill is due and payable on the succeeding business day.]

Tasmania.-[Provided that when the last day of grace is Sunday or a bank holiday under "The Bank Holidays Act, 1884," or Acts amending it, or a day appointed by the Governor in Council as a day of solemn fast or thanksgiving, the bill is due and payable on the succeeding business day; but in the case of bills drawn before the commencement of this Act, when the last day of grace is Sunday, the bill is due and payable on the preceding business day:]

New Zealand.-[(a) When the last day of grace falls on Sunday, the bill is, except in the case hereinafter provided for, due and payable on the preceding business day. (b) When the last day of grace is a bank holiday under "The Banks and Bankers Act, 1880," and "The Banks and Bankers Act Amendment Act, 1882, or when the last day of grace is a Sunday and the second day of grace is a bank holiday, the bill is due and payable on the succeeding business day.]

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