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LIBRARY OF THE
At the Office of The BANKERS' MAGAZINE, New-York, 46 Pine-street,
(second floor,) Commercial Advertiser Building :
1. THE NATIONAL BANK Act, approved June 3, 1864, with an Analysis of each Section
Alphabetical Index to subjects - List of all the National Banks in operation to June,
.....Price, $1 00 II. ACTS OF CONGRESS RELATING TO LOANS AND THE CURRENCY, from the year 1942 to June,
1864, including the Five-Twenty Act of February 23, 1862; the $900,000,000 Act of March 3, 1863; the Five-Forty Act of March 3, 1564, (under which Act the Treasury is now negotiating $200,000,000 of Ten Forty Bonds, repayable in Coin;) the Gold Acts of March and June, 1864. To which are added, an Analysis of the several Laws, and the conditions under which the 10-40 Bonds are now issued. [This volume is essential to a full understanding of the Bank Act, and the Government Bonds and Currency of 1862, 1863 and 1864.] One volume, S vo...........
1 00 III. THE MANUAL FOR NOTARIES PUBLIC AND BANKERS. Fourth edition, enlarged, with
important Laws, Decisions, Forms, &c. A work of the first importance to Bank
3 00 IV. THE BANKS AND CLEARING HOUSE OF NEW-YORK. By J. S. GIBBONS. With Engravings. New Edition,.
2 00 V. LIFE OF JOHN LAW, by THIERS,..
THE principal design of this summary of the law of Bills of Exchange and Promissory Notes is to furnish to that numerous class of public officers, notaries public, and officers of banks, throughout the American Union, a Manual to which they may with convenience refer for information and guidance. As such, it will also be of equal use to the commercial community, as well as to all men of business dealing more or less in these negotiable instruments.
The ponderous volumes which have been written, both in England and America, on this branch of Commercial Law, are designed for the use of the legal profession, and consequently contain much which the man of business neither needs nor cares to know. He therefore finds it inconvenient, and sometimes difficult, to gather from among the mass of legal learning those requisitions of the law which he desires to ascertain for his immediate use.
To obviate this inconvenience, and to meet the wants of the non-professional man, are the objects of the present Manual. The plan pursued in its compilation has therefore been, to state but briefly the general rules and principles of the law, and to be minute on those which relate to the rights and duties of holders of and parties to Bills and Notes. With this view, forms of Protest and of Notice have been given; and in order to render the book equally useful in every State of the Union, the statute laws of individual States, bearing upon these instruments, have been added.
A summary of the laws of Continental Europe on this subject has been prefixed, from a belief that it would be so much the more acceptable, as they are not so fully contained even in any of the larger works, although a knowledge of them often is of great importance.
Thus it is hoped this Manual will prove itself adapted to the purposes for which it was intended, and meet the wants of those for whom it was prepared.
BOSTON, Sept. 28th, 1858.
PREFACE TO THE THIRD EDITION
MANUAL FOR BANKERS AND NOTARIES PUBLIO.
NUMEROUS subjects connected with the Negotiation and Protest of Bills of Exchange and Promissory Notes have been suggested for consideration since the publication of the early edition of this volume. With a view to illustrate these topics, and to place before the banking fraternity a reliable manual for reference by bank officers, notaries public and the mercantile community, we have thought it advisable to enlarge the original plan of this work. We are indebted to Henry Brace, Esq., a member of the New York bar, for a considerable portion of these additional materials. The first chapter is devoted to the Construction and Law of Protest of Bills of Exchange; their negotiability, &c.
Chapter Second relates to the Law of Agency, including the risks and liabili. ties incurred by Banks and Bankers as collecting agents—Guaranty of Bills Forged and Lost Bills-Days of Grace.
Chapter Third embraces a condensed view of the law relating to the “Transfer of Bills and Notes ;" as to Who may Transfer them; to Whom such Transfers may be Made; Modes of Transfer; Times of Transfer; and Obligations of Endorsers.
Chapter Fourth is upon Letters of Credit.
Chapter Fifth is upon Bank Notes--the Liability to Redeem Stolen or Lost Bills. There have been, of late years, numerous cases involving large sums. All these should be familiar to every bank officer. The present volume will, therefore, be found useful for reference, by Notaries Public especially, and by all officers of banking institutions, including directors.
To the bank clerk the volume will be acceptable in furnishing a concise manual of the liabilities and risks which bankers run in the purchase of negotiable paper. Secondly, of the remedies in case of non-payment, protest, &c. Thirdly, of the course to be pursued in the loss of bills, payment of fraudulent checke, &c. The most careful bank officer is liable to impositions or losses in purchasing fraudulent bills—paying forged checks—in remittances of paper for collecting, &c. This volume is intended to supply a want long felt by the Banker and Notary Public; and the commendations bestowed on the early edition of the work are a guaranty that the later emendations will be fully appreciated by the banking fraternity.
In the preparation of this work, the editors have availed themselves of the valuable information contained in the following works, to which our banking readers are referred, and which should be found in every banker's library : I. “Brooke on the Office and Duties of Notary.” (London.) IL. “Story on Bills of Exchange.” (Boston: Little, Brown & Co.) III. “Story on the Law of Promissory Notes.” IV. “Parsons on Contracts."
NEW YORK, No. 162 PEARL STREET,
March 31, 1857.
PREFACE TO THE FOURTH EDITION
MANUAL FOR NOTARIES PUBLIC AND BANKERS.
SINCE the publication of the third edition of “The Manual for Notaries Public and Bankers,” in March, 1857, numerous and interesting questions have been decided in the State Courts, in reference to the law of Bills of Exchange, Promissory Notes and of Banking. The present edition, while it adds two hundred pages of matter to the original work, furnishes to the notary and to the banker a summary of these important decisions of the past seven years, and points out where more copious information can be had on these subjects by those who wish to make themselves familiar with the law of bills and notes.
In the present edition may be found chapters on the Law of Agency-on the Transfer of Bills and Notes-on the Law of Letters of Credit-on the Law of Bank Notes—Decisions in all the State Courts—the Law of Usury—the Law relating to Notaries Public, and the existing laws of each State in reference to Interest, Penalty for Violation of the Usury Laws, and the Laws relating to Damages on Protested Bills of Exchange, Foreign and Domestic
The “ MANUAL,” in its present shape, is more of a Digest than before, and will no doubt prove more acceptable, not only to the Notary Public and Bank Cashier, for whom the work was originally intended, but to the Bank Director, the Bank Clerk and the Private Banker; in fact, to all who deal in commercial paper, and who wish to inform themselves as to the rights and liabilities of holders of bills and notes, and of parties thereto.
The business of banking in this country is rapidly assuming increased importance, along with the growth of commercial intercourse. Hence the necessity, on the part of the Bank Clerk, to make himself familiar with the law and usages as to negoti. able paper. Legislation is constantly producing changes in the several States, and the bank officer is expected to know the tenor of these movements.
NEW-YORK, June, 1864.