[17 & 18 Vict. c. 90.] An Act to repeal the Laws relating to Usury and to the Whereas it is expedient to repeal the laws at present in force relating to usury: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 17 & 18 Vict. c. 90. pealed. I. The several acts and parts of acts made in the parliaments of Acts, &c. named England and Scotland, Great Britain and Ireland, mentioned in in schedule rethe schedule hereto, and all existing laws against usury, shall be repealed. II. Provided always, that nothing herein contained shall prejudice or affect the rights or remedies of any person, or diminish or alter the liabilities of any person, in respect of any act done previously to the passing of this act. III. Where interest is now payable upon any contract, express or implied, for payment of the legal or current rate of interest, or where upon any debt or sum of money interest is now payable by any rule of law, the same rate of interest shall be recoverable as if this act had not been passed. Transactions previous to passing be affected. of this Act not to Legal or current rate of interest to if this act had not passed. mean the same as brokers. IV. Provided always, that nothing herein contained shall extend Not to affect the or be construed to extend to repeal or affect any statute relating law as to pawnto pawnbrokers, but that all laws touching and concerning pawnbrokers shall remain in full force and effect, to all intents and purposes whatsoever, as if this act had not been passed. [17 & 18 Vict. c. 125, s. 87.] An Act for the further Amendment of the Process, Practice and Mode of Pleading in and enlarging the Jurisdiction of the Superior Courts of Common Law at Westminster, and of the Superior Courts of Common Law of the Counties Palatine of Lancaster and Durham. [12th August, 1854.] 17 & 18 Vict. c. 125, s. 87. Actions on lost LXXXVII. In case of any action founded upon a bill of exchange or other negotiable instrument, it shall be lawful for the court or a judge to order that the loss of such instrument shall not be set up, provided an indemnity is given, to the satisfaction instruments. of the court or judge, or a master, against the claims of any other person upon such negotiable instrument. 18 & 19 Vict. c. 67. From Oct. 24, 1855, all actions upon bills of exchange, &c. may be by writ of summons as form [18 & 19 Vict. c. 67.] An Act to facilitate the Remedies on Bills of Exchange and Promissory Notes by the Prevention of frivolous or fictitious Defences to Actions thereon. [23rd July, 1855.] Whereas bonâ fide holders of dishonoured bills of exchange and promissory notes are often unjustly delayed and put to unnecessary expense in recovering the amount thereof by reason of frivolous or fictitious defences to actions thereon, and it is expedient that greater facilities than now exist should be given for the recovery of money due on such bills and notes: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: I. From and after the twenty-fourth day of October, one thousand eight hundred and fifty-five, all actions upon bills of exchange or promissory notes commenced within six months after the same shall have become due and payable, may be by writ of summons in the special form contained in schedule A. to this act annexed, and indorsed as therein mentioned; and it shall be lawful for the plaintiff, on filing an affidavit of personal service of such writ within the jurisdiction of the court, or an order for leave to profinal judgment as ceed, as provided by the Common Law Procedure Act, 1852, and in schedule A. Plaintiff, on filing affidavit of personal service, may at once sign form in schedule B. Defendant showing a defence upon the merits to have leave to appear. Judge may, under special circumstances, set aside judgment. a copy of the writ of summons and the indorsements thereon, in case the defendant shall not have obtained leave to appear and have appeared to such writ according to the exigency thereof, at once to sign final judgment in the form contained in schedule B. to this act annexed (on which judgment no proceeding in error shall lie) for any sum not exceeding the sum indorsed on the writ together with interest, at the rate specified (if any), to the date of the judgment, and a sum for costs to be fixed by the masters of the superior courts or any three of them, subject to the approval of the judges thereof, or any eight of them (of whom the Lord Chief Justices and the Lord Chief Baron shall be three), unless the plaintiff claim more than such fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith. II. A judge of any of the said courts shall, upon application within the 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 indorsed on the writ, or upon affidavits satisfactory to the judge, which disclose a legal or equitable defence, or such facts as would make 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 otherwise as to the judge may seem fit. III. After judgment, the court or a judge may, under special circumstances, set aside the judgment, and, if necessary, stay or set aside execution, and may give leave to appear to the writ and to defend the action, if it shall appear to be reasonable to the court or judge so to do, and on such terms as to the court or judge may seem just. IV. In any proceedings under this act it shall be competent to the court or a judge to order the bill or note sought to be proceeded upon to be forthwith deposited with an officer of the court, and further to order that all proceedings shall be stayed until the plaintiff shall have given security for the costs thereof. V. The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this act for the recovery of the amount of such bill or note. 18 & 19 Vict. c. 67. Judge may order posited with officer of court in certain cases. bill to be de Remedy for the recovery of exnon-acceptance of dishonoured bill. penses of noting Holder of a bill of exchange may mons against all issue one sum VI. The holder of any bill of exchange or promissory note may, if he think fit, issue one writ of summons, according to this act, against all or any number of the parties to such bill or note, and such writ of summons shall be the commencement of an action or any of the or actions against the parties therein named respectively, and all 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. parties to the bill. and rules incor VII. The provisions of the Common Law Procedure Act, 1852, Common Law and the Common Law Procedure Act, 1854, and all rules made Procedure Acts under or by virtue of either of the said acts, sball, so far as the porated with this same are or may be made applicable, extend and apply to all act. proceedings to be had or taken under this act. VIII. The provisions of this act shall apply, as near as may Act to apply to be, to the Court of Common Pleas at Lancaster and the Court of Courts of Common Pleas, LanPleas at Durham, and the judges of such courts, being judges of caster and Durone of the superior courts of common law at Westminster, shall have power to frame all rules and process necessary thereto. IX. It shall be lawful for her Majesty from time to time, by an order in council, to direct that all or any part of the provisions of this act shall apply to all or any court or courts of record in England and Wales, and within one month after such order shall have been made and published in the London Gazette such provisions shall extend and apply in manner directed by such order, and any such order may be, in like manner, from time to time altered and annulled; and in and by any such order her Majesty may direct by whom any powers or duties incident to the provisions applied under this act shall and may be exercised with respect to matters in such court or courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied. ham. Her Majesty may direct act to apply record in England and Wales. to Courts of 18 & 19 Vict. c. 67. Extent of act. X. Nothing in this act shall extend to Ireland or Scotland. XI. In citing this act in any instrument, document, or proceeding, it shall be sufficient to use the expression "The Summary Procedure on Bills of Exchange Act, 1855." SCHEDULES referred to in the foregoing Act. SCHEDULE (A.) VICTORIA, by the grace of God, &c. To C. D., of in the county of We warn you, that unless within twelve days after the service of this writ on you, inclusive of the day of such service, you obtain leave from one of the judges of the courts at Westminster to appear, and do within that time appear in our court of in an action at the suit of A. B., the said A. B. may proceed to judgment and execution. Witness, &c. Memorandum to be subscribed on the Writ. N.B.-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 date, and not afterwards. Indorsement to be made on the Writ before Service thereof. This writ was issued by E. F., of , attorney for the plaintiff. Or, This writ was issued in person by A. B., who resides at [mention the city, town or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence.] or The plaintiff claims [ Indorsement. pounds principal and interest], pounds balance of principal and interest due to him as the payee [or indorsee] of a bill of exchange or promissory note, of which the following is a copy : [Here copy bill of exchange or promissory note, and all Indorsements upon it.] And if the amount thereof be paid to the plaintiff or his attorney within days from the service hereof, further proceedings will be stayed. NOTICE. Take notice, That if the defendant do not obtain leave from one of the judges of the courts within twelve days after having been served with this writ, inclusive of the day of such service, to appear thereto, and do within such time cause an appearance to be entered for him in the court out of which this writ issues, the plaintiff will be at liberty at any time after the expiration of such twelve days to sign final judgment for any sum not exceeding the sum above claimed, and the sum of issue execution for the same. pounds for costs, and Leave to appear may be obtained on an application at the Judges' Chambers, Serjeants' Inn, London, supported by affidavit showing that there is a defence to the action on the merits, or that it is reasonable that the defendant should be allowed to appear in the action. Indorsement to be made on the Writ after Service thereof. This writ was served by X. Y. on L. M. (the defendant the defendants), on Monday, the day of 18 By X. Y. SCHEDULE (B.) In the Queen's Bench. On the day of in the year of our Lord his 18. [Day of signing Judgment.] ENGLAND (to wit). A. B. in his own person [or by attorney] sued out a writ against C. D., indorsed as follows:[Here copy Indorsement of Plaintiff's Claim.] and the said C. D. has not appeared: Therefore it is considered that the said A. B. recover against the said C. D. pounds, together with costs of suit. pounds for 18 & 19 Vict. c. 67. [19 & 20 Vict. c. 25.] An Act to amend the Law relating to Drafts on "Whereas doubts have arisen as to the obligations of bankers with respect to cross-written drafts: and whereas it would conduce to the ease of commerce, the security of property, and the prevention of crime, if drawers or holders of drafts on bankers payable to bearer or to order on demand were enabled effectually to direct the payment of the same to be made only to or through some banker:" Be it therefore enacted as follows: I. In every case where a draft on any banker made payable to bearer or to order on demand bears across its face an addition, in written or stamped letters, of the name of any banker, or of the words "and company," in full or abbreviated, either of such additions shall have the force of a direction to the bankers whom such draft is made that the same is to be paid only to or through some banker, and the same shall be payable only to or through some banker. upon |