The Bills of Exchange Act.-1884. (3.) The following provisions as to bills do not apply to notes, namely, provisions relating to (a.) Presentment for acceptance: (b.) Acceptance: (c.) Acceptance suprá protest: (d.) Bills in a set. (4.) Where a foreign note is dishonored, protest thereof is unnecessary. PART V. PART IV. PART V. 90. A thing is deemed to be done in good faith, within the Good faith. meaning of this Act, where it is in fact done honestly, whether it is done negligently or not. 91. (1.) Where, by this Act, any instrument or writing is re- Signature. quired to be signed by any person, it is not necessary that he should sign it with his own hand, but it is 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. 92. Where, by this Act, the time limited for doing any act or Computation of time thing 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 or public holiday: (c.) A day appointed by Proclamation as a public fast or thanksgiving day. Any other day is a business day. equivalent to 93. 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 pro- protest. ceeding 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. Where PART V. not accessible. The Bills of Exchange Act.-1884. 94. Where a dishonored bill or note is authorised or required Protest when notary to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonored, any householder or substantial resident of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonor of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill. Savings. Repeal of 3, 1861, ss. 4, 5; and 100, 1878. The form given in the Schedule to this Act may be used with necessary modifications, and if used shall be sufficient. 95. (1.) The rules in insolvency 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 the provisions of the Companies Act, 1864, or Acts amending it, or any Act relating to joint stock banks or companies. 96. The fourth and fifth sections of The Mercantile Law Amendment Act, 1861, and the whole of The Mercantile Law Further Amendment Act, 1878, and of Act No. 19 of 1870-71, intituled an Act to amend the law relating to the endorsement of cheques, drafts, or orders, are hereby repealed; but such repeal shall not affect anything done or suffered, or any right, title, or interest acquired before the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WILLIAM C. F. ROBINSON, Governor. SCHEDULE. The Bills of Exchange Act.-1884. SCHEDULE. Form of protest which may be used when the services of a notary cannot Section 94. Know all men that I, A. B. [householder], of no notary public available, did on the at at the request of C. D., there being 188 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. N.B.-The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten. Adelaide By authority, E. SPILLER, Government Printer, North-terrace. ANNO QUADRAGESIMO SEPTIMO ET QUADRAGESIMO VICTORIÆ REGINE. A.D. 1884. No. 313. An Act to settle the Boundaries of Sections in a portion of the Hundreds of Encounter Bay, Goolwa, and Waitpinga. [Assented to, September 10th, 1884.] WHEREAS the original survey of certain sections in the hun- Preamble. dreds of Encounter Bay, Goolwa, and Waitpinga, made in the year 1839, was erroneous as regards those sections, and by reason of the errors contained in such survey some proprietors have, since the making thereof, enjoyed more and others less land than they were respectively entitled to, and the true boundaries of several sections of land have become doubtful: And whereas, owing to lapse of time, it is desirable for the quieting of doubts to confirm the title of each proprietor to the land which he has actually enjoyed, and to make compensation for deficiency of acreage in certain cases-Be it therefore Enacted by the Governor of the Province 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, as follows: 1. This Act may be cited as "The Encounter Bay, Goolwa, and Short title. Waitpinga Boundaries Act." map. 2. Notwithstanding the claim of any proprietor of land within Boundaries of sections those portions of the hundreds of Encounter Bay, Goolwa, and to be taken to be as in Waitpinga, numbered and delineated in the map hereinafter referred to, and called "The Boundaries Map," to have more or other land than he has actually enjoyed, the boundaries of the several sections of land numbered and delineated in the said map shall henceforth be |