Bills of Exchange Act 1858 (SA)

A. D. 1858.

No* 4.

[Asscntecl to, 24th December, 1858.1

W 1IIGRE12 S hona jide holclcrs of dislwnored bills of and l~romissory iwtcs me often ur~justly delayed

to unnec.ess:wy es lmse in rccovcrinc. tllc :mount tllercwf bv reason of' frivolous ;Ir fiititious defences t; actions tl~ei-con, a i d it is ex- pedient that greater facilities t h i now csist should be given for the recovery of money clue on sucli bills and notes-Be it thcrcfore cnactcd, by tllc Govenlor-in-Chief of the Province of South Aus- tralia, with the ndvicc and consent of the Le$siative Oouiicil and House of Assemhly of the said Province in tlm l~rcseiit Parliament asselublcd, as i'ollows:

1. From nod after tlie f a i d a y of Jaiiunrv one thousand cigbt F;;;: t $: ~ ~ ~ ~ ~ ~ p o n

d.'

tiundrcd and fifty-llii~e, ,711 nctioils ulmn bills of exclnange or tlu. rwhmgr, &C.,

proi~~issory notes comi~~eiicecl within six nlonths nftcr the saluc s l d l: ~ ~ ~ ~, " ~ S b ~ ~ ~: r ~ ~ ~:

have become due a11d payable, may be by writ of slrrr~rnons in the A.

special form contailled in ~chedole A to tllis Act annexed, and en-

dorsed. as therciu mentioned; and it slid1 be lawful for the plaintiff I'lnlntiff on f i l in~: affidavit of pcrso~ial 011 filinq all affidavit of personal service of srrch writ within the 6cr.1ic.c~ r n v at oncc '-. sign final judgrncot

j ilrisdiction of tlie Supreme Court of the said Provirm, or an order ,, for, in Schodulo B.

for leave t,o proceed as provided by thc " S~lprenle Court Proceclure

Amendnlent-Act," ancl a copvof the writ of summo~~s and die endorse-

rricnts tlweolr, in case the aefctndtmt s l d l not have obtained leave

to appear aud have q!punred to such writ according to the exigency thereof, at once to sign final judgment i11 the form contained in

E Schedule

Schedule B to this Act annexed (on which judgment no proceeding in error shall lie) for any suni not exceeding the suni endorsed on the writ, together with "interest -.-..- to the date%f thGudg;ment, and a sum for c o s t s 3 0 X x e a by the Judges of the said Court, unless the plaintiff claim more than inch f ixd sum, in which cask the costs ,&all be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith.

defence uponthe merits 2. A Judge of the said Court shall, upon application within a	Defendant showing a
tohaveleavetoappear, period of twelve days from such service, give leave to appear to such

writ and to defend the action, on the defendant paying into Court the sum endorsed on the writ, or upon affidavits satisfactory to the Judge, which disclose a legal or equitable defence, or such facts as would malcc it incumbent on the holder to prove consideration or such other facts as the Judge may deem sufficient to support the application, and on such terms as to security or otllerwisa as to the Judge may seem fit.

3. After judgment, tlle Court or a Judge may, under special cir- cumsta~ices, set aside the judgment, and if necessary stay or set aside cxccution, and may give leave to appear to the writ, and to defend the action if it shall appear to be reasonable to the (hurt or Judge so to do, and on such terms as to the Court or Judge may seem just.

Judge special cinwmfitances, under

set asid0 jadgmont.

Judga may order bill,

&C., t o bn dcpositod 4. In any proceedings under this Act it s l d be conlpcten t to the upon io be forthwith deposited with an officer of the C o u ~ t, and further to order that all proceedings shall be stayed uutil the plaintiff shall have given security for the costs thereof'.

with	court Court or a Judge, to order the bill or notc sought to be proceeded
in certain oases,

Holders ofbills of cx. 5, The holder of any bill of exchange or promissory note UliIy,

change, &C., may issuc

,,,	if he think fit, issue one writ of summons, according to this Act,
all or any ofthe w t i e s	a p i r ~ s t all or any iiurriber of' the parties to such bill or note, and
to the bill.

such writ of summons shall be the con~mencement actions against the parties therein named respectively, a id all of an action or

subsequent proceedings against such respective parties shall be in

like manner, so far as may be, as if separate writs of summons had

been issued.

Buprcme Court Pro-	6.	The provisions of the '' Supreme Court Yrocedure Amendment
cedure Amendment

hCt and Rules incop Act)) and all rules made under or by virtue of the said Act, shall, so far

porated with this Act. as the same are or may be made applicable, extend and apply to

all proceedings to be had or taken under this Act.

short title of A C ~. 7. In citing this Act in any instrument, document, or proceeding,

it shall be sumcient to use the expression " The Summary Procedure

on Bills of Exchange Act, 1858."

SCHEDULES

SC'EIEDTJLES REFERRED TO.

VICTORIA, by the Grace of God, &C., &C., to Cl). of

in the Province of South Australia.

W C warn you, that, unless within twelve days after the service of this writ on you, inclusive of the day of such scrvicc, you obtain lcaw from one of the Judges of the Supreme Court of our said Province to appear, and do within that time appear in our said Snpreme Court in an action at thc suit of A.B., the said A B. may proceed to judgmcnt and execution. *

Witnebs, &c.

Blemorn?zdzm to be huhscribrtl on the JYrit.

N.13.-This writ is to be served within six calendar months from the date hereof,

or if renewed from the date of such renewal, including the day of such d:tte, and not

afterwards.

Enclorssment to be mu& o n flw ICT).it bgfore service thewof.

This writ was i s r u d by E.Y., of Attorney for thc plaintiff or, this

writ was issued jn person by A B. , who rcsides at (name city, town, or place, also,

name of street, and number of house (if any) of plaintiff's residence.)

Etdwsenzer~ t.

The plaintiff claims ( pounds principal and interest) or pounds

balance of p r i n ~ i ~ x l and intcrcst due to him a b the payee (or endorsee) of a bill of

clchange (or pronllssory note) of which the follo~ving is a copy (here copy bill of

exchange or promi5sory note, and :ill endo~wmcnts upon it) and if thc amount thereof

with for costs b~ paid to thc plaintiff or his Atlorney within eight days

from thc service hereof further proceedings mill be stayed.

A70f i c e.

Take notice, that if the dcfcndant do not obtain lcavc from orw of thc Judge9 of the

aaid Supxmc Couit, within twelve d q s afier h a ~ i n g been served with this writ,

inclusive of the i13y af S U C ~ S C V V ~ S C to apprar thereto, and do not within s u c h time cause an appearance to 1~ cntercd fur him in the said Court, the plaintiff will he ;it liberty at any tinw altcr t11c expiration of such twclve days to sign final judgment fur any sum not (:xLeding the sun1 above claimed, and the sum of pounds for costs, and iqsue cxcution for l h c same.

Leavc to app 'w my bc ul~tdillcd on an application at the Judges Chambers, Supremo ( ' o u ~ l Eiot~sc, Victori:~-s?~:nrc, Xddaidc, .iupportc.tl by afirlnv~t, showing that there is a dcfcncz to thc action on the merit?, or that it is reasonabl:: that the dcfcndant should bc allon cd to 'ippear in 11 P action.

E~z~?orsert~cirt /u he mncir on the TFr1-i.it aft(',. servirp thereof.

This writ w:,s serve2 by X.Y., on L h f. (the dcfcndamt, the defendants) on

Monday, thc d3y of 18 .

X.Y.

IN TEE S ~ ~ P R E M E <!OUIZT,

On the day of 1 E f duy of s ipiny jzctlg//rrentj

South Az~s t ra l ia 1 A B. in his o~vn person. (or by his Attorney) suod out a

lo wit. j writ :q:,in..t ('.T). eridors4 as f o l l c ~ s fAe.re ropy sndorsempnt of

p&&tfi f" claim) imd 1!1c s?id C D. h3,r 110'. npgcarxl: Thercfore it is considered that

the said A.B., recover :.gaimt the slid C.D.	poands, together with
pounds for costs of suit.

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Adelaide : Printed by authority by \V. C. Cox. Govermcnt Printer, Victoria-square.