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A SYNOPSIS

OF THE

BILLS OF EXCHANGE ACTS

OF ENGLAND AND WALES,

ASD THE

COLONIES OF VICTORIA, NEW SOUTH WALES, SOUTH

AUSTRALIA, QUEENSLAND, WESTERN AUSTRALIA,

TASMANIA, AND NEW ZEALAND.

Melbourne:

MCCARRON, BIRD & CO., PRINTERS AND PUBLISHERS, 479 COLLINS STREET.

(Office of the Australasian rance and Banking Record)

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PREFACE.

In these days when the relations of the Australasian colonies, particularly in financial matters, are more closely interwoven than ever, local variations in the text of so important a piece of legislation as the Bills of Exchange Act, when not forgotten altogether, are apt to confuse. Constant readers of the banking correspondence columns of the Australasian Insurance and Banking Record will have noticed how frequently questions arise from the want of complete identity of provisions in the Act as adopted by the several colonies. The variations, the want of identity referred to, render it necessary for a banker sitting say in Melbourne or Sydney, but with connections in other colonies, to keep at hand the Bills of Exchange Act of each colony. This necessity is sufficiently troublesome, but even with the different statutes before him, the banker finds nothing to indicate points of difference, and he is consequently compelled either to devote time which he can ill spare to collating texts, or to refer the matter to his solicitor. But the solicitor has to take the trouble which the banker seeks to escape. It is therefore manifest that to both banker and solicitor, and in fact to everybody having mercantile relations with more than one of the Australasian colonies, a synoptical treatment of all the Bills of Exchange Acts must be of great utility. The intention of this work is to render this important service. In its projection, however, the question arose, which Act should be taken as the principal text upon which to note variations, and it was concluded that the parent Act, that passed by the Imperial Parliament in 1882, might most suitably be selected. This has accordingly been done, and the work now presented to the mercantile, banking, and legal worlds, is a complete synopsis of the

iv.

Australasian colonies. By reference to its pages the exact law upon the subject as enacted in any colony can be easily ascertained, while the points of difference between the eight Acts will be at once perceived.

The work, it will be seen, is calculated to be eminently useful, not only in the colonies, but also in London, where the need of an exact acquaintance with colonial law on bills of exchange, cheques and promissory notes exists, quite as strongly as in Melbourne, Sydney, or any other colonial centre.

The method adopted to indicate variations between the different Acts is as follows, viz.: the section as given in the English Act being printed in large type, the alterations contained in each of the colonial Acts are set forth in small type. The great majority of these alterations are verbal only, and do not really affect the law. Perhaps the most inconvenient of them is divergence from the numbering of the sections, a fault which colonial Legislatures might profitably avoid when adopting English Acts. The three colonial Acts in which the numbering differs from the English Act are those of Victoria, Queensland, and Western Australia, all of which are one in advance. The variations are marked by the use of brackets ]. In order to keep the reader readily instructed, a note stating the method of treatment is repeated at the bottom of every page.

The greatest care has been taken in the collation of the texts, which has been entrusted to the hands of a legal gentleman experienced in such work, and it is confidently believed that perfect accuracy has been achieved. The schedules contained in the various Acts will be found on pages 68 to 76. The Table of Contents on pages 77 to 80 will be found serviceable.

The work is now committed to the favourable consideration of the banker, the merchant, and the solicitor, who are interested in the scope of its contents.

MELBOURNE,

AN ACT TO CODIFY THE LAW RELATING TO

BILLS OF EXCHANGE, CHEQUES, AND
PROMISSORY NOTES.

[45 & 46 Vict. c. 61.–18th AUGUST, 1882.]
Victoria.—[An Act to consolidate the Law Relating to Instruments and

Securities, 54 Vict. No. 1103—10th July 1890.]
New South Wales. —[51 Vict. No. 2—8th July 1887.]
South Australia.—[47 & 48 Vict. No. 312—10th September 1884).
Queensland.—[48 Vict. No. 10-30th September 1884.]
Western Australia.--[48 Vict. No. 10-27th August 1884.]
Tasmania.—[48 Vict. No. 14—24th November 1884.]
New Zealand.--[47 Vict. No. 8-20th August 1883.]

E it enacted by the Queen's most Excellent Majesty,

by and with the advice and consent of the [Lords Spiritual and Temporal, and Commons, in this present Parliament assembled] and by the authority of the same, as follows:

For the words in [ ] substitute-
Victoria.-[Legislative Council and the Legislative Assembly of Victoria

in this present Parliament assembled] New South Wales. —[Legislative Council and Legislative Assembly of New South Wales in Parliament assembled]

For the whole paragraph substituteSouth Australia.—Whereas it is desirable to codify the law relating to

bills of exchange, cheques, and promissory notes—Be it therefore Enacted by the Governor of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, and by the authority of the same, as follows:

For the words in [ ] substituteQueensland.-[Legislative Council and Legislative Assembly of Queens

land in this present Parliament assembled] 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

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