No. X. 7&8 Geo.IV. c. 15. Commissioners of Stamps shall not stamp Notes under 51. payable on Demand. Indemnity. Act not to ex tend to Orders drawn by any Person on his Banker. Notes under 201. to be payable at the Bank where issued. Act may be altered this Session. 39 & 40 G. 3. c. 42. VII. And be it further enacted, That from and after the passing of this Act, the Commissioners of Stamps shall not be empowered to provide any stamp or stamps for expressing or denoting the duty or duties payable in England upon any promissory note for the payment to the bearer on demand of any sum of money less than the sum of five pounds; nor shall it be lawful for the said Commissioners, or any of their officers, to stamp any promissory note, or the form of any promissory note, for the payment to the bearer on demand of any sum of money less than five pounds. VIII. And whereas the said Commissioners of Stamps did, in pursuance of directions in that behalf from the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, on the third day of February last past, order their officers not to stamp any more promissory notes for circulation in England of less value than five pounds; and it is expedient that the said Commissioners of the Treasury and the Commissioners of Stamps, and all persons acting under their authority in that behalf, should be indemnified for having so respectively acted without the authority of Parliament; be it therefore enacted, That the said Commissioners of His Majesty's Treasury, and the said Commissioners of Stamps respectively, and all persons who shall by their order, in pursuance of the said directions, have refused to stamp any such notes, or to do any matter or thing relating thereto, shall be and are and is hereby saved harmless indemnified and discharged in respect thereof, as well against the King's Majesty his heirs and successors, as against all and every other persons and person; and that all suits and proceedings whatsoever touching or concerning any matter discharged by this Act, shall be and the same are hereby made void and of no effect to all intents and purposes; any law statute or usage to the contrary notwithstanding. IX. Provided always, and be it further enacted, That nothing herein contained shall extend to any draft or order drawn by any person or persons on his her or their banker or bankers, or on any person or persons acting as such banker or bankers, for the payment of money held by such banker or bankers, person or persons, to the use of the person or persons by whom such draft or order shall be drawn. X. And be it further enacted, That every promissory note payable to bearer on demand, for any sum of money under the sum of twenty pounds, which shall be made and issued after the fifth day of April one thousand eight hundred and twenty-nine, shall be made payable at the bank or place where the same shall be so made and issued as aforesaid: Provided always, that nothing herein contained shall extend to prevent any such promissory note from being made payable at several places, if one of such places shall be the bank or place where the same shall be so issued as aforesaid. XI. And be it further enacted, That this Act may be altered amended or repealed by any Act or Acts to be made in this present session of Parliament. [ No. X. ] 7 & 8 Geo. IV. c. 15.-An Act for declaring the WHEREAS an Act was passed in the thirty-ninth and fortieth years of the reign of His late Majesty King George the Third, intituled An Act for the better Observance of Good Friday in certain Cases therein mentioned; and it was thereby enacted, that where bills of exchange and promissory notes became due and payable on Good Friday, the same should, from and after the first day of June then next ensuing, be payable on the day before Good Friday; and that the holder or holders of such bills of exchange or promissory notes might note and protest the same for non-payment on the day preceding Good Friday, in like manner as if No. X. 7&8 Geo.IV. the same had fallen due and become payable on the day preceding Good III. And be it further enacted, That from and after the said tenth day of April one thousand eight hundred and twenty-seven, Good Friday and Christmas Day, and every such day of fast or thanksgiving so appointed by His Majesty, is and shall, for all other purposes whatever, as regards bills of exchange and promissory notes, be treated and considered as the Lord's day, commonly called Sunday. S2 c. 15. Where Bills of Exchange becoming due on the Day preceding Good Christmas Day, Friday or are dishonoured, Notice thereof may be given on the Day after such Good Friday, &c. Bills of Exchange becom. ing due on Fast or Thanksgiv ing Days to be payable on the Day next preceding such Fast or Thanksgiving Day. Good Friday, Christmas Day, &c., as regards Bills of Exchange, to be treated as the Lord's Day. No. XI. 9 Geo. IV. c. 24. Act not to extend to Scotland. After 1st Sept. 1828, the Irish Acts 8 Anne relating to Pro- c. 15. (U. K.) Promissory Notes may be assignable as Bills of Exchange. And the Persons to whom they are assigned may maintain Actions for the same. IV. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to that part of the United Kingdom called Scotland. [No. XI.] 9 Geo. IV. c. 24.-An Act to repeal certain Acts, and to consolidate and amend the Laws relating to Bills of Exchange and Promissory Notes in Ireland.-[19th June 1828.] WHEREAS it is expedient that the Acts relating to bills of exchange and promissory notes in Ireland should be consolidated and amended, so that the law in relation thereto may be assimilated to that of England; and also that the fees payable to notaries public in Ireland, for noting and protesting such bills and notes, should be regulated and defined: be it therefore enacted by the King'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, That an Act passed in the Parliament of Ireland in the eighth year of the reign of Queen Anne, intituled An Act for the better Payment of Inland Bills of Exchange, and making Promissory Notes more obligatory; and also an Act passed in the Parliament of Ireland in the twenty-sixth year of the reign of King George the Third, to explain and amend the said Act of the eighth year of the reign of Queen Anne; and also an Act passed in the Parliament of the United Kingdom in the first and second years of the reign of His present Majesty, intituled An Act to regulate Acceptance of Bills of Exchange; and also an Act passed in the Parliament of the United Kingdom in the seventh and eighth years of His present Majesty's reign, intituled An Act for declaring the Law in relation to Bills of Exchange and Promissory Notes becoming payable on Good Friday or Christmas Day, so far as the said two last-mentioned Acts or either of them relate to or are in force in Ireland, shall, from and after the first day of September one thousand eight hundred and twenty-eight, be and the same are hereby repealed; except so far as any of the said Acts may repeal any former Act or Acts, and except as to actions or suits heretofore commenced and prosecuted upon any of the said so hereby repealed Acts respectively. II. And be it enacted, That when any note in writing commonly called a promissory note shall at any time after the said first day of September one thousand eight hundred and twenty-eight be made and signed by any person or persons, banker or bankers, goldsmith or goldsmiths, merchant or merchants, trader or traders, or by any clerk servant or agent usually intrusted by him her or them to sign such promissory notes for him her or them, whereby the maker or makers of such note doth or do or shall promise to pay any sum of money mentioned therein to any other person or persons, his her or their order, or unto bearer, such note shall be taken and construed to be, by virtue thereof, due and payable to the person or persons to whom the same is made payable, or to the bearer thereof respectively; and every such note payable to any person or persons, or to his her or their order, shall be assignable or indursable over in the same manner as inland bills of exchange are or may be according to the custom of merchants; and the person or persons to whom such sum of money is or shall by any such note or indorsement be made payable, or to whom such note shall be indorsed or assigned, or shall be payable, shall and may maintain an action for the same, in such manner as he slie or they might do upon any inland bill of exchange made or drawn according to the custom of merchants, either against the person or persons by whom or by whose servant or agent as aforesaid the same was signed, or against any of the persons having indorsed such assignable or indorsable note, in like manner as in cases of inland bills of exchange; and in every such action the plaintiff or plaintiffs shall recover his her or their damages and costs of suit; and if such plaintiff or plaintiffs shall be nonsuited, or a verdict shall be given against him her or them, the defendant or defendants shall recover his her or their costs against the plaintiff or plaintiff's; No. XI. and every such plaintiff or plaintiffs, defendant or defendants, respectively recovering, may sue out execution for such damages and costs by capias 9 Geo. IV. fieri facias or elegit. III. And be it further enacted, That every such action shall be commenced sued and brought within such time as is appointed for commencing or suing actions upon the case, by an Act made in the Parliament of Ireland in the tenth year of the reign of King Charles the First, intituled An Act for Limitations of Actions, and for avoiding of Suits in Law. IV. And be it further enacted, That from and after the first day of September one thousand eight hundred and twenty-eight, in all cases where any inland bill of exchange or promissory note for the sum of five pounds and upwards respectively shall be dishonoured by non-acceptance of such bill, or non-payinent of such bill or note, it shall be lawful for the holder or holders of such bill or note to cause the same to be protested for such non-acceptance or non-payment, as the case may be, by a notary public, and in default of such notary public, by any other substantial person of the city town or place where such bill or note shall be so dishonoured, in the presence of two or more credible witnesses; which protest shall be made and written under a fair written copy of such bill or note, in the form or to the effect following: KNOW all men, That I, A. B. on the day of c. 24. Actions to be brought within the time limited by the Statute of Limitations. Dishonoured Bills above the Value of 51. may be pro tested. Form of Pro payment of the bill or test. have demanded from the above-named note [or acceptance of the bill] of which the above is a copy, which 'the said did not pay, [or accept]: do hereby protest this 'Wherefore I the said the said bill [or note]. Dated at day of Notice of Protest to be given. Which protest so made as aforesaid shall be sent, or otherwise due notice of such dishonour shall be given, by or on behalf of the party holding or protesting such bill or note, to the party from whom such bill or note was received, and whom it is sought to make chargeable therewith, and such party shall thereupon pay the said bill or note, together with all interest and charges from the day when such bill or note was protested; and there shall be paid to the notary or other person protesting any such Expences of bill or note, a sum of two shillings and sixpence for any bill or note not Protest. amounting to twenty pounds, and a sum of four shillings for any bill or note amounting to twenty pounds and upwards, over and above all stamp duty upon such protest, and also of the fee of one shilling, herein-after provided, for registering and copying such bill; and in case such protest shall be made and sent, or such due notice of the dishonour of such bill or note shall be given as aforesaid, to any person liable to the payment thereof by reason of such dishonour, the person so receiving such protest or notice, and failing or neglecting to pay the amount of such bill or note so protested or dishonoured, together with the costs of such protest, shall be liable to all costs damages and interest which may and shall accrue thereby. V. And be it further enacted, That in case it shall happen that any bill or note shall be lost or miscarried before the same shall have been presented for acceptance, or within the time limited for payment of the same, then the drawer of such bill, or the maker of such note, shall be obliged to give aonther bill or note of the same tenor with the bill or note first given, the person or persons to whom the same shall be so delivered giving security, if demanded, to the said drawer or maker, to indemnify him against all persons whomsoever, in case the bill or note so alleged to be lost or miscarried shall be found again. VI. And be it further enacted, That from and after the said first day of September one thousand eight hundred and twenty-eight, if any person doth or shall receive any such bill or note, for and in satisfaction of any former debt or of any sum of money formerly due unto such person, the same shall be accounted and esteemed, at law and in equity, a full and complete payment of such debt, if such person so receiving any such bill or note for his debt shall not use due diligence to obtain payment thereof by endeavouring to get such bill accepted and paid, or such note paid, When a Bill or Note is lost, the Drawer to give another on certain Conditions. Bills accepted in satisfaction of any former Debt, to be deemed a full Payment, No. XI. 9 Geo. IV. c. 24. What shall be deemed a general, and what a qualified Acceptance. and also make his protest as aforesaid, either for non-acceptance or nonpayment thereof, or otherwise give due notice of the dishonour thereof as aforesaid: Provided thatnothing herein contained shall extend to satisfy or discharge any other and different security or remedy that any person using such due diligence as aforesaid may have for the same debt against the drawer acceptor or indorser of such bill, or the maker or indorser of such note. VII. And be it further enacted, That from and after the first day of September one thousand eight hundred and twenty-eight, if any person shall accept a bill of exchange payable at the house of a banker or other person, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill; but if the acceptor shall in his acceptance express that he accepts the bill payable at the house of a banker, or of any other person only, or not otherwise or elsewhere, such acceptance shall be deemed and taken to be, to all intents and purposes whatsoever, a qualified acceptance of such bill, and the acceptor shall not be liable to pay such bill, except in default of payment when such payment shall have been duly demanded at the time when such bill shall have become payable, and at the house of such banker, or other place where such bill shall have been made payable. No Acceptance VIII. And be it further enacted, That from and after the said first day of any Inland of September one thousand eight hundred and twenty-eight, no acceptance Bill of Exchange of any inland bill of exchange shall be sufficient to charge any person or to be good, unpersons, unless such acceptance shall have been made in writing upon less made in such bill, or if there be more than one such bill of the same tenor and Writing on the date, then on one of the said bills. same. Bills falling due on Good Friday Christmas Day and Days of Fast, to be pay able on the Day before. In such Cases IX. And whereas the Bank of Ireland, and banks in general, and other persons in Ireland, are often under the necessity of transacting business on Good Friday Christmas Day, and days appointed by His Majesty's proclamation for solemn fasts or days of thanksgiving for the purpose of receiving money for foreign and inland bills of exchange and promissory notes becoming payable on those days respectively, in consequence whereof many persons are prevented observing the same with due solemnity: And whereas doubts have existed in Ireland, whether foreign and inland bills of exchange and promissory notes falling due on any Sunday are properly payable on the Saturday next before such Sunday, or on the Monday next after such Sunday: Now therefore, for the better observance of Good Friday and Christmas Day, and such days of fast and thanksgiving as aforesaid, and also for the removing such doubts as aforesaid, and assimilating the law of Ireland to that of England in such respects, be it enacted, That in all cases where any such bill of exchange or promissory note in Ireland shall fall due on any Sunday, or on any Good Fri day, or on any Christmas Day, or on any such day of fast or day of thanksgiving, the same shall be payable on the day next preceding such Sunday or such Good Friday, or on the day (not being a Sunday) next preceding such Christmas Day or day of fast or day of thanksgiving respectively; and that in case of non-payment of such bill of exchange or promissory note, the same may be noted and protested on such preceding day as if the same were payable on such day; and that whenever such Christmas Day shall fall on, or such day of fast or day of thanksgiving shall be appointed on a Monday, every such bill of exchange or promissory note, which would be payable on such Christmas Day or day of fast or day of thanksgiving, shall be payable on the Saturday preceding such Christmas Day or day of fast or day of thanksgiving respectively, and in case of non-payment, being first duly demanded, may be noted and protested for payment on such preceding Saturday. X. And be it further enacted, That from and after the first day of September one thousand eight hundred and twenty eight, in cases of bills of exchange and promissory notes falling due on any Sunday, Good Friday, or any Christmas Day, or on any day of fast or day of thanksgiving as aforesaid, as well as in the cases of foreign or inland bills of exchange given until the Day next after such Good Friday, &c. thereof not necessary to be |