Negotiable Instruments Procedure Act 1901 (NSW)

Act No. 42, 1901.

An Act to consolidate enac tments re la t ing to remedies on bills of exchange , and other negot iable ins t ruments , and orders for t he paymen t of money. [7th November, 1901.]

BE it enacted by the K i n g ' s Most t h e advice and consent of t h e Legis la t ive Counci l and Legis la t ive

Exce l l en t Majes ty , by and wi th

Assembly of New South W a l e s in P a r l i a m e n t assembled, and by the

au tho r i t y of t he same, as fo l lows :—

2.    The Acts ment ioned in t h e Schedule to this Act , to t he ex ten t

the re in expressed, arc hereby repealed.

3. I n this Ac t " J u d g e " means a J u d g e of the Court in which

the act ion is b rought .
4. No plea shall be admissible in any act ion to a count on any

dishonoured bill , note , cheque, or o ther order for t he p a y m e n t of money

wi thou t a n affidavit—

(a)	of t h e t r u t h of such plea ; or
(b)	of such facts as a Judge may under the circumstances deem sufficient in t h a t behalf.

5. A n y plea to any such count filed wi thout such affidavit may

be t rea ted	as a nul l i ty . •
6. By leave of a J u d g e , instead of such affidavit, t h e defendant m a y pay into Court the a m o u n t of the plaintiff 's claim or so	m u c h
thereof as t he J u d g e shall	appoin t .

7. U p o n appl icat ion on behalf of any defendant who has been absent from his usua l place of business or abode a t t he t ime of service of t he s u m m o n s , a J u d g e m a y give such fur ther t ime for p lead ing as he deems reasonable .

8. I n any act ion in t he Supreme Cour t founded upon a

negot iable i n s t r u m e n t , t h e Court or a J u d g e m a y order t h a t t h e loss of such i n s t r u m e n t shall no t be set u p , provided an indemni ty is given to t h e satisfaction of t he Cour t or J u d g e or t he P ro thono ta ry against

t he claims of any other person upon such i n s t rumen t .

S C H E D U L E .

Reference to Act. Title or short title. Extent of repeal.

20 Vic. No . .30 . . . An A c t to facili tate t h e remedies or bills of The whole.

exchange and promissory no tes .

20 Vic. N o . 3 1	...	The Common Law Procedure A c t of 1857	Section 53.
22 Vic. No . 3	. . .	A n Act to ex tend the provisions of t he twen t i e th	The whole.

Victor ia n u m b e r th i r ty .