Short title. For the whole paragraph substitute Western Australia.-Be it enacted by His Excellency the Governor Tasmania.-Be it enacted by His Excellency the Governor of Tasmania, [PART I.—PRELIMINARY.] Victoria-Omit heading in [ ] 1. This Act may be cited as the Bills of Exchange Act, 1882. Victoria-For section 1 substitute the following: Short title, commencement, and 1. This Act may be cited as the Instruments Act 1890, and shall come division. Variations N.B. The text, in large type, is that of the original (English) Act. [V.3, Q.3, W.A. 3.1 New South Wales. For the Bills of Exchange Act, 1882 read the South Australia. -For the Bills of Exchange Act, 1882 read the Bills Queensland.-For the Bills of Exchange Act, 1882 read "The Bills of Western Australia.—For the Bills of Exchange Act, 1882 read “The Tasmania. For the Bills of Exchange Act, 1882 read "The Bills of New Zealand.--For the Bills of Exchange Act, 1882 read “The Bills of Victoria only. First Schedule. [2. The Acts mentioned in the First Schedule to this Act to the extent Repeal before the commencement of this Act and all contracts agree- 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. 2. In this [ ] Act, unless the context otherwise Interpretation of requires, Victoria.—Insert in [ ] the words Part of this New Zealand.-For [2. In this Act, unless the context otherwise 66 Acceptance" means an acceptance completed by Variations N.B.--The text, in large type, is that of the original (English) Act. "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. Tasmania.-For "Action" includes counter-claim and set-off read "Action" includes set-off': ["Banker" includes a body of persons whether incorporated or not who carry on the business of banking.] 66 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 [bankruptcy.] 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. Queensland.-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" Queensland.-"Australasia" means and includes Australia, Western Australia.-" Colony" means the colony of Western Australia. 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" means transfer of possession, actual or South Australia.-"Foreign Bill" means every bill of ex- "Holder" means the payee or indorsee of a bill or "Indorsement" means an indorsement completed by ["Insolvent," see "Bankrupt."] "Issue" means the first delivery of a bill or note, - New South Wales. "Note" means promissory note. "Value" means valuable consideration. "Written" includes printed, and "writing" includes print. South Australia.—“ Australia" shall include the whole of the PART II.-BILLS OF EXCHANGE. Victoria,-For Part II read Division I. Form and Interpretation. Victoria.-Insert I before Form and Interpretation. defined. [V., Q., W.A. 4.] 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 therefrom appear in small type. The existence of variations is indicated by the Inland and foreign bills. (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 reimburse 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; (b.) That it does not specify the value given, or (c.) That it does not specify the place where it is 4. (1.) An inland bill is a bill which is or on the face (V., Q., WA. 5.] Victoria. For words in [ ] read [Australia Tasmania New Zealand or New South Wales. -For words in [ ] read [Australasia.] South Australia.-(a) For words in [ ] read [Australia.] Queensland.-For words in [ ] read [Australasia.] Western Australia.-For words in [ ] read [Australia, Tasmania, New 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, Variations N.B.-The text, in large type, is that of the original (English) Act. |