(b) A bank holiday under the Bank Holidays Act, 1871, or acts amending it:

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

Any other day is a business day.

98. When noting equivalent to protest.

For the purposes of this Act, where a bill or note is required to be protested within a specified time or 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.

94. Protest when notary not accessible.

Where a dishonoured bill or note is authorized or required to be protested, and the services of a notary 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 1 to this Act may be used with necessary modifications, and if used shall be sufficient.

95. Dividend warrants may be crossed.

The provisions of this Act as to crossed cheques shall apply to a warrant for payment of dividend.

96. Repeal.

The enactments mentioned in the second schedule to this Act are hereby repealed as from the commencement of this Act to the extent in that schedule mentioned.

Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.

97. Savings.

(1) The rules in bankruptcy relating to bills of exchange, promissory notes, and cheques, shall continue to apply thereto notwithstanding anything in this Act contained.

(2) The rules of common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to bills of exchange, promissory notes, and cheques.

(3) Nothing in this Act or in any repeal effected thereby shall affect (a) The provisions of the Stamp Act, 1870,* or acts amending it, or any law or enactment for the time being in force relating to the

revenue:

(b) The provisions of the Companies Act, 1862.† or acts amending it, or any act relating to joint stock banks or companies :

33 and 34 Vict. c. 97.

+25 and 26 Vict. c. 89.

(c) The provisions of any act relating to or confirming the privileges of the Bank of England or the Bank of Ireland respectively:

(d) The validity of any usage relating to dividend warrants, or the indorsements thereof.

98. Saving of summary diligence in Scotland.

Nothing in this Act or in any repeal effected thereby shall extend or restrict, or in any way alter or affect the law and practice in Scotland in regard to summary diligence.

99. Construction with other acts, etc.

Where any act or document refers to any enactment repealed by this Act, the act or document shall be construed, and shall operate, as if it referred to the corresponding provisions of this Act.

100. Parol evidence in judicial proceedings in Scotland.

In any judicial proceeding in Scotland, any fact relating to a bill of exchange, bank cheque, or promissory note, which is relevant to any question of liability thereon, may be proved by parol evidence: Provided that this enactment shall not in any way affect the existing law and practice whereby the party who is, according to the tenor of any bill of exchange, bank cheque, or promissory note, debtor to the holder in the amount thereof, may be required, as a condition of obtaining a sist of diligence, or suspension of a charge, or threatened charge, to make such consignation, or to find such caution as the court or judge before whom the cause is depending may require. This section shall not apply to any case where the bill of exchange, bank cheque, or promissory note has undergone the sesennial prescription.

FIRST SCHEDULE.* (Sec. 94.)

Form of protest which may be used when the services of a notary cannot be obtained.

Know all men that I, A. B. (householder), of

in the county of

in the United Kingdom, at the request of C. D., there being no notary public available, did on the day of 188 at demand payment (or acceptance) of the bill of exchange hereunder written, from E. F., to which demand he made answer (state answer, if any). Wherefore, I now in the presence of G. H. and J. K. do protest the said bill of exchange.

(Signed)

A. B.

G. H. & Witnesses.

J. K.

N. B. — The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.

*The other schedules are purely local in interest, and are therefore omitted.-ED.

BILLS OF EXCHANGE (CROSSED CHEQUES) ACT, 1906.1

6 Edw. 7, c. 17.

AN ACT to amend section eighty-two of the Bills of Exchange Act, 1882. 4th August, 1906. SEC. 1. A banker receives payment of a crossed cheque for a customer within the meaning of section eighty-two of the Bills of Exchange Act, 1882, notwithstanding that he credits his customer's account with the amount of the cheque before receiving payment thereof.

SEC. 2. This act may be cited as the Bills of Exchange (Crossed Cheques) Act, 1906, and this act and the Bills of Exchange Act, 1882, may be cited together as the Bills of Exchange Acts, 1882 and 1906.

1 " NOTE. This act was passed to get rid of the decision in Capital and Counties Bank v. Gordon, A. C. (1893), 240, H. L., where it was held that if a bank received a crossed cheque from a customer, and at once credited his account with the amount, the bank became holders for value of the cheque, and in receiving payment thereof, received it on their own account, and not merely as agents for collection on behalf of their customer. They therefore did not come within the protection given by section 82 of the act of 1882 to collecting bankers. Chalmers, A Digest of the Law of Bills of Exchange,

etc., 7th ed., p. 400. — C.

INDEX.

[The "8" references are to the sections of the New York Negotiable
Instrument Law; other references are to pages.]