Bills of Exchange banker, he is liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid. Provided that where a cheque is presented for payment which does not at the time of presentment appear to be crossed, or to have had a crossing which has been obliterated, or to have been added to or altered otherwise than as authorised by this Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorised by this Act, and of payment having been made otherwise than to a banker or to the banker to whom the cheque is or was crossed, or to his agent for collection being a banker, as the case may be. 81. Where the banker, on whom a crossed cheque is drawn, in good faith and without negligence pays it, if crossed generally to a banker, and if crossed specially to the banker to whom it is crossed, or his agent for collection being a banker, the banker paying the cheque, and, if the cheque has come into the hands of the payee, the drawer, shall respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof. Protection to banker and drawer where cheque is crossed on holder 82. Where a person takes a crossed cheque which bears on it the Effect of crossing words 'not negotiable,' he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had. banker 83. Where a banker in good faith and without negligence receives Protection to payment for a customer of a cheque crossed generally or specially to collecting himself and the customer has no title or a defective title thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment. PART IV. PROMISSORY NOTES defined 84. (1) A promissory note is an unconditional promise in writing Promissory note made by one person to another signed by the maker, engaging 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. (2) An instrument in the form of a note payable to maker's order is not a note within the meaning of this section unless and until it is indorsed by the maker. (3) A note is not invalid by reason only that it contains also a pledge of collateral security with authority to sell or dispose thereof. (4) A note which is, or on the face of it purports to be, both made and payable within Australia, Tasmania, New Zealand, or the Fiji Islands, is an inland note. Any other note is a foreign note. 85. A promissory note is inchoate and incomplete until delivery Delivery necesthereof to the payee or bearer. sary 86. (1) A promissory note may be made by two or more makers, Joint and several notes Note payable on demand Presentment of Bills of Exchange and they may be liable thereon jointly, or jointly and severally, according to its tenor. (2) Where a note runs, 'I promise to pay,' and is signed by two or more persons, it is deemed to be their joint and several note. 87. (1) Where a note payable on demand has been indorsed, it must be presented for payment within a reasonable time of the indorsement. If it be not so presented the indorser is discharged. (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. 88. (1) Where a promissory note is in the body of it made payable note for payment at a particular place, it must be presented 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. Liability of maker (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. 89. 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. 90. (1) Subject to the provisions in this part and except as by this Part II. to notes section provided, the provisions of this Act relating to bills of exchange apply with the necessary modifications to promissory notes. Application of (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 correspond with the drawer of an accepted bill payable to drawer's order. (8) The following provisions as to bills do not apply to notes; namely, provisions relating to (a) Presentment for acceptance. (b) Acceptance. (c) Acceptance suprà protest. (d) Bills in a set. (4) Where a foreign note is dishonoured protest thereof is unnecessary. Bills of Exchange PART V.-SUPPLEMENTARY 91. A thing is deemed to be done in good faith, within the meaning Good faith of this Act, where it is in fact done honestly, whether it is done negligently or not. 92. (1) Where, by this Act, any instrument or writing is required Signature to be signed by any person, it is not necessary that he should sign it with his own hand, but it shall be sufficient if his signature is written thereon by some other person by or under his authority. (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. 93. Where by this Act the time limited for doing any act or thing Computation of is less than three days, in reckoning time, non-business days are excluded. 'Non-business days' for the purposes of this Act mean (a) Sunday, Good Friday, Christmas Day. (b) A bank holiday under 'The Bank Holidays Act, 1884,' Any other day is a business day. time equivalent to 94. For the purposes of this Act, where a bill or note is required When noting to be protested within a specified time, or before some further proceed- protest ing 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. 95. Where a dishonoured bill or note is authorised 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 the Schedule to this Act may be used with necessary modifications, and, if used, shall be sufficient. Protest when notary not ac cessible 96. The provisions of this Act as to crossed cheques shall apply to Crossed cheques a warrant for payment of dividend. 97. (1) A negotiable bill, other than a cheque, and a negotiable note, shall not be drawn or made for any sum less than twenty shillings. (2) An instrument which contravenes this rule shall be void, and any person who issues or negotiates it shall be liable, on summary conviction before two justices in petty sessions, to a penalty not exceeding twenty pounds, and not less than five pounds. (3) Provided that no complaint under this section shall be entertained after the expiration of twenty days from the commission of the offence. and warrants for payment of dividend Bills and notes under twenty shillings Repeal Savings Construction with other Acts, &o. Bills of Exchange 98. The Bills of Exchange Act, 1879,' and all other Acts and parts of Acts in force in this Colony contrary to or inconsistent with the provisions of this Act are hereby repealed. 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. 99. (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, 1882,' or Acts amending it, or any law or enactment for the time being in force relating to the revenue. (b) The provisions of The Joint Stock Companies Ordinance, 1858,' or Acts amending it, or any Act relating to joint stock banks or companies. (c) The validity of any usage relating to dividend warrants or the indorsement thereof. 100. 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. F. NAPIER BROOME, GOVERNOR. THE SCHEDULE FORM OF PROTEST WHICH MAY BE USED WHEN THE SERVICES OF A NOTARY CANNOT BE OBTAINED in the Colony of Know all men that I, A.B. (householder), of Western Australia, at the request of C.D., there being no notary public available, did on the day of 138, at (aforesaid, or in the said Colony), demand payment (or acceptance) of the bill of exchange (hereunto annexed or hereunder written) fron 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. N.B.-The bill itself should be annexed, or a copy of the bill, and all that is written thereon should be underwritten. An Act to make it lawful to close up certain portions of Streets in the Town of York. WE [Assented to 10th September, 1884. HEREAS certain pieces of land in the town of York, more particularly described in the schedule hereto, have hitherto formed portions of certain Public Streets in the said town, and it is expedient that the said pieces of land should cease to form portions of the said Streets: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. All rights of way in and over the pieces of land in the town of York, which are described in the schedule hereto, shall henceforth cease and determine; and it shall be lawful for Her Majesty to deal with the said pieces of land as if they had never formed portions of public streets. F. NAPIER BROOME, GOVERNOR. SCHEDULE All that portion of the street called Seventh Road extending from Carter Road Northward to North Road; and also all that portion of the street called Eighth Road extending from Carter Road Northward to North Road. WESTERN AUSTRALIA ANNO QUADRAGESIMO OCTAVO VICTORIA REGINÆ No. 12 An Act to amend the Law of Newspaper Libel, and to provide for the Registration of Newspaper Proprietors. [Assented to 10th September, 1884. HEREAS it is expedient to amend the Law affecting civil actions and criminal prosecutions for Newspaper Libel; And whereas it is also expedient to provide for the Registration of |