No. 458.

referee or referees is a bank holiday, such notice of dishonor shall 37 VICTORIA, be given and such bill of exchange or promissory note shall be presented or forwarded on the day next following such bank holiday.

holidays.

4. No person shall be compellable to make any payment or to as to any paydo any act upon such bank holidays which he would not be com- ments on bank pellable to do or make upon the Lord's Day (commonly called 34 Vict. c. 17 s. 3. Sunday), and the obligation to make such payment and do such act shall apply to the day following such bank holiday, and the making of such payment and doing such act on such following day shall be equivalent to payment of the money or performance of the act on the holiday.

Governor.

5. The Governor may from time to time as he may think fit Appointment of by proclamation appoint a special day to be observed as a bank holidays by proholiday either throughout Victoria or in any part thereof or in any clamation of the city town borough shire or district therein, and any day so appointed Ib. s. 4. shall be kept as a close holiday in all banks within the locality mentioned in such proclamation, and shall as regards bills of exchange and promissory notes payable in such locality be deemed to be a bank holiday for all the purposes of this Act.

for bank holiday

Council.

6. The Governor when it is made to appear to the Governor in pay appointed Council in any special case that in any year it is expedient that a may be altered day by this Act appointed for a bank holiday should not be a bank by Order in holiday may declare by proclamation in the Government Gazette Ib. s. 5. published not less than one week from the day appointed for such holiday that such day shall not in such year be a bank holiday and may appoint such other day as to the Governor in Council may seem fit to be a bank holiday, and thereupon the day so appointed shall in such year be substituted for the day appointed by this Act.

7. All courts judges and persons acting judicially shall take Courts to take judicial notice of the anniversary of the birthday of Her Majesty and of every her successor.

judicial notice of the anniversary of the Queen's birthday.

be

on Christmas

8. In construing this Act bills of exchange or promissory notes what bills in the which under the law heretofore in force were payable and might be construction of noted and protested on the day before Christmas Day or Good deemed payable Friday, in consequence of the day on which they would otherwise Day or Good have been payable or on which they might have been so noted or Friday. protested being Christmas Day or Good Friday shall be deemed bills of exchange or promissory notes as the case may be which were payable or might have been noted and protested on such Christmas Day or Good Friday.

9. This Act may be cited for all purposes as the "Bank Title of Act. Holidays Act 1873."

Ib. s. 7.

SCHEDULES.

When any of the days last above-mentioned fall upon a Sunday, the next following Monday shall be a bank holiday.

BILLS OF EXCHANGE AND PROMISSORY

NOTES.

[See Banks (Holidays)-Instruments and Securities.]

BILLS OF LADING.
[See Instruments and Securities.]

BILLS OF SALE.
[See Instruments and Securities.]

BONDS.

[See Instruments and Securities.]

BOROUGH.

[See Local Government.]

Title of Act.

Repeal of Acts.
First Schedule.

Interpretation clause.

An Act to Consolidate the Law relating to Licensed
Carriages.

[2nd June 1864.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. This Act shall commence and come into operation on the first day of January in the year of our Lord One thousand eight hundred and sixty-five; and shall be called and may be cited as "The Licensed Carriages Statute 1864;" and is divided as follows:

PART I.-Hackney Carriages ss.-4-7.

PART II.-Stage Carriages ss. 8-31.

2. The Acts mentioned in the First Schedule hereto to the extent to which the same are in the said schedule expressed to be repealed shall be and the same are hereby repealed; but all things commenced or done before the coming into operation of this Act and all offences committed and penalties incurred and all licenses granted and bye-laws made under or by virtue of any the said repealed Acts shall be continued and performed and shall be punished and enforced and shall continue and be in force respectively as if this Act had not been passed.

3. Whenever in Part I. of this Act the word "hackney carriage" is used the same shall be held to mean any coach car cabriolet or other vehicle plying kept or let out for hire within the city of Melbourne or town of Geelong or within the distance of eight miles from the corporate limits thereof respectively. Provided however that nothing contained in the said Part nor in any bye-law made by virtue thereof shall be held to extend to any carriage or vehicle duly licensed as a stage carriage under Part II. of this Act if the same shall ply at regular periods as such to places beyond the corporate limits of the said city or town. Provided also that no such bye-law

66

No. 217.

shall apply to or be held to apply to carriages which shall be let to 27 VICTORIA, hire only when previously ordered or bespoken at the stables or residences of their owners and which shall never be permitted to ply for hire in any street or place off the premises of their respective owners or to the owners or drivers of such carriages. A stage carriage" within the meaning of Part II. of this Act shall be deemed and taken to be any coach or other carriage or vehicle used employed or let out for the purpose of conveying passengers for hire to or from different parts in Victoria and which when travelling along any highway or other road shall travel at the rate of three miles or more in the hour, without regard to the number of wheels or to the number of passengers which the same shall be able or fitted to contain or carry or to the number of horses by which the same may be drawn or to its being an open or close carriage. Provided that each passenger to be carried or conveyed by any such carriage or vehicle shall be charged or shall pay a separate and distinct fare for his place or seat therein or conveyance thereby.

PART I.-HACKNEY CARRIAGES.

4. The councils of the city of Melbourne and town of Geelong Bye-laws. may from time to time make such bye-laws as they shall think fit for licensing and regulating hackney carriages plying for hire within the said city or town and the vicinity within the distance of eight miles from the corporate limits of the said city or town and the owners and drivers of such hackney carriages. Provided that for every such license of a hackney carriage for any one year there shall be paid such sum as the council of the said city or town shall direct not exceeding the sum of three pounds.

5. The councils of the said city and town in the bye-laws so to Matters within be made by them by virtue of this Part of this Act shall have bye-laws. power and authority to make regulations touching the licensing and the conduct of the owners drivers and conductors of such hackney carriages in their several employments; the hours within which such owners drivers or conductors shall exercise their respective callings; whether they shall wear any and what badges; the number and description and furnishing of such hackney carriages; the number of persons to be carried in the same; the situation and number of public stands; the amount of fares for time or distance to be paid for the use of such hackney carriages; the safe custody and delivery of any property which may be accidentally or otherwise left in such hackney carriages; the punishing the misconduct of the drivers and conductors of and persons attending such hackney carriages, whether in the way of imposition by demanding or receiving more than the regular fare or otherwise. Provided that for every such license of any such owner driver or conductor there shall be paid such sum as the council of the said city or town shall direct not exceeding the sum of five shillings. Provided also that in the case of any license issued under this Part of this Act to residents in any borough, the council of the said city or town (as the case may be) issuing such licenses to such residents as aforesaid shall annually pay to the council of such borough one-half of the net amount so received from the residents within such borough.