Cheques Act 1860 (SA)

ANNO VICESIMO TERTIO ET VICESIMO QUARTO fl/s

A.D. 1860.

[Assented to, 18th July, 1860.1 - -I $ , " &-A .-

HEREAS i t is exp~dient to amend the Law relating to Cheques,

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W Drafts. and Orders on Bankers or others-Be it therefore

~nscted, by the Governor-in-Chief of the Province of South Aus-

tralia, with the acivice and consent of the Legislative Council and

House of Assembly of the said Province, in this present Parliament	G
assembled, as follows:

1. ltThenever a cheque or draft on any banker, or draft or order ~ ~ $ ~ ~ ~ ~: ~ r i & OIL'

on any company, or on any person or persons, payable to bearer, or part of a cheque,( 2 B -- *- ? :

to order, ou demand, shall be issued, crossed eithcr in written or draft, or order.

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stamped letters, with the name = banker, or with two transverse

1b-m m s t h e words 'land company," or any ab&eviation of the same, . - 2

such crossmg shall be deemed a material part of the cheque, draft,

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or order, and except as hereinafter mentioned, shall not be obliterated, or added to, or altered by any person whomaoever after the issuing thereof; and the banker, company, person, or persons upon whom such cheque, draft, or order shall be drawn, shall not pay such cheque,

draft, or order to any other than the banker, with whose name such

cheque, draft, or order shall be so crossed, or if the same be m m e d

as aforesaid, without a banker's name, to any other than a banker.

issued uncrossed, or shall be crossed with the words "and company, 2. Whenever any such cheque, draft, or order shdl have bee; ~ $ ~ & !, ~ ~ ~ ~ $ ~ m ~ e i i &*, ,a CW-

Or any abbreviation of the same, and without the name of any pauy," may cross the same with the name

banker, any lawful holder of such cheque, draft, or order, while of a Banker.

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the same remains so uncrossed, or crossed with the words " and company," or any abbreviation of the same, without the name of an) banker, may cross the same with the name of a banker; and when ever any such cheque, draft, or order shall be uncrossed, any such IsrR.Iul holder may cross the same with the words '' and company," or any abbreviation of the same, or with or without the name of a banker, and any such crossing, a8 in this section mentioned, shall be deemed a material part of the cheque, draft, or order, and shall not

be obliterated, or added to, or altered by any person whomsoever aftel

the making thereof; and the banker, company, person, or personE upon whom suchcheque, draft, or order shall be drawn shall not pay such cheque, draft, or order to any other than the banker, with whose name such cheque, draft, or order shall be so crossed, as last aforesaid.

Persnn8 obliterating,

BC., crossing with in- 3, If any person shall obliterate, add to, or alter any such cross- intent to defraud, any cheque, draft, or order as aforesaid, whereon such fraudulent obliteration, addition, or alteration has been made, knowing it to have been so made, such person shall be guilty of felony, and being convicted thereof shall be liable, at thc discretion of the Court, to be imprisoned for life or for any less .term, with or without hard labor, and with or without solitary confinement.

t ~ t to dofraud, guilty ing, with intent to defraud, or.offer, utter, dispose or; or put off with

of felony.

Banker not tobere-

epousible for payiug a 4. Any banker, company, person, or persons, paying a cheque,

chcq~le,c&c.,whichd~Rs draft, or order, which does not at the me when it is presented for

not p l a i d y a p ~ a r t o payment	plainly appear to be	or to 'nave bccn crossed as aforcseld,
have been crossed or

altered.

or to have been obliterated, added to, or altered as aforcsaid, shdi not be in any way responsible or incur any liability, nor shafi such payment be questioned by reason of such cheque, draft, or order having been so crossed as aforesad, or having been so obliterated, added to, or altered ris aforesaid, or of his or their having paid the same to a person other than a banker, or other than thc banker with whosc name such cheque, draft, or order shall have been so crossed, unless such banker, company, person, or persons shall have acted

mnlafidt? or been guilty of negligence in so paying such cheque.

Interpretation of the 5. I n the construction of this Act the word Banker" shall in-

word " Bankcr."

clude any person or persons, or corporation, or joint stock company

acting as a banker or bankers.

Commencement df

A C ~. 6. This Act hall take effect from the first day of August, 1860,

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ADELAIDE: Printed by authority, by W. C. Cox,