3 When effect of filing expires; how revived. The conditions and reservations specified in the first section of this act which may be in any instrument filed in pursuance of this act shall cease to be valid against subsequent purchasers or mortgagees in good faith after the expiration of one year from the filing of such instrument, and as to them the sale shall then be deemed absolute, unless, within thirty days next preceding the expiration of each and every term of one year after the filing of such instrument a true copy of such instrument together with a statement exhibiting the interest of the person so contracting to sell such property, in the property thereby claimed by him by virtue thereof, shall be again filed in the office of the clerk or register aforesaid of the town or city where the person to whom such property is so contracted to be sold shall then reside, if such person shall then be a resident of this state; and if not such resident, then in the office of the clerk or register of the town or city where the property so contracted to be sold was at the time of the execution of such instrument. Id., § 3. 13 Daly, 247.

4 Record, how kept; fees. The clerks of the several towns and counties of this state in whose offices contracts for the conditional sale of goods and chattels on credit are by this act required to be filed shall indorse on every such instrument or copy so filed the number thereof and enter such number and the names of all parties to such instrument and the amount thereby required to be paid and the future contingency or event required to occur before the ownership of the goods and chattels described therein shall pass from the person contracting to sell the same, the time when such amount will be due and the date of the filing of such instrument or copy, in the books kept in such offices for the entry of similar matters regarding mortgages of goods and chattels and in like manner as in cases where such mortgages are so filed, except that the name of the person in such instrument contracting to sell shall be entered in the column of mortgagees and the name of the person therein contracting to buy shall be entered in the column of mortgagors. For their services under this act such clerks shall receive the same fees they are now authorized to receive for like services in regard to mortgages of goods and chattels. Id., § 4.

5 Satisfaction and discharge. A contract for the conditional sale of goods and chattels on credit filed as required by this act may be satisfied and discharged of record in the same manner, so far as is applicable, as may mortgages of goods and chattels which may now be filed in the offices of town or county clerks. Id., § 5.

6 Proviso. This act shall not affect any proceeding now pending nor any transaction had before the passage of this act. Id., § 6.

22 W. D. 109.

7 Specification of articles excepted from this act; notice; sale. This act shall not apply to household goods, pianos, organs, scales, butchers' and meat-market tools and fixtures, wood-cutting machines and wood-cutting machinery, engines, boilers and portable furnaces and boilers for heating purposes, portable saw-mills and saw machines, threshing machines and horse-powers, mowing machines, reapers and harvesters and grain-drills, with their attachments, dairy sizes of centrifugal cream separators, vehicles, coaches, hearses, carriages, buggies and phaetons, bicycles and tricycles of all kinds and any other device for locomotion by human power; provided, that the contracts for the sale of the same shall be executed in duplicate, and one duplicate shall be delivered to the purchaser. In case household goods, pianos, organs, scales, butchers' and meat-market tools and fixtures, wood-cutting machines and wood-cutting machinery, engines, boilers and portable furnaces and boilers for heating purposes, portable sawmills and saw machines, threshing machines and horse-powers, mowing machines, reapers and harvesters and graindrills, and their attachments, vehicles, coaches, hearses, carriages, buggies and phaetons, bicycles and tricycles of all kinds and any other device for locomotion by human power, are sold upon the condition that the titles shall remain in the vendor, or some other person than the purchaser, until the payment of the pur

chase-price, or until the occurring of any future event or contingency, and the same are retaken by the vendor, or by his successor in interest, such property so retaken shall be retained for thirty days by the person by whom or on whose behalf the same has been so taken, during which time the purchaser or his successor in interest may fulfill such contract or purchase, and shall be entitled thereupon to receive such property. After the expiration of such time, the person by whom or on whose behalf the said property has been taken, may proceed to sell the same at public auction, and out of the proceeds may retain the balance remaining unpaid on the purchase-price and the expenses of storing, advertising and sale thereof; and any surplus remaining shall be paid to the person or persons from whom the property was taken. But no such sale shall be made until after the giving of a printed or written notice of such sale to the person or persons from whom the said property has been taken, requiring such person or persons to pay such unpaid balance and expenses, and that in case of default in so doing that such property will be sold to pay the same, at a time and place to be specified in the notice. Such notice shall be served personally at least fifteen days before the time of such sale upon the person or persons from whom the property was taken, providing such service can be made with reasonable diligence within the state of New York. If the person or persons from whom the property was taken can not with reasonable diligence be found within the state of New York, then such notice shall be given by publication once in each week for four successive weeks before the time of such sale in a newspaper published at or nearest the place where such sale is to take place. This act shall not apply to railroad equipment or rolling stock sold, leased or loaned under a contract which has been or must be recorded pursuant to the provisions of chapter three hundred and eighty-three of the laws of eighteen hundred and eighty-three, entitled "An act relating to certain contracts for the lease or conditional sale of railroad equipment and rolling stock, and providing for the record thereof." L. 1884, c. 315, § 7, as am'd L. 1885, c. 488; L. 1886, c. 495; L. 1888, c. 225; L. 1892, c. 632; L. 1893, c. 684; L. 1894, c. 420; L. 1895, cs. 523, 925, and L. 1896, c. 601.

57 Hun, 545; 33 N. Y. St. R. 192; 46 id. 240.

See also Chattel Mortgages; Evidence, § 68; Sales.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1833, c. 279.

BILLS, LEGISLATIVE.

See Legislative Law; Statutes.

BILLS, NOTES, AND CHECKS.

1 Negotiable promissory notes. All notes in writing, made and signed by any person, whereby he shall promise to pay to any other person, or his order, or to the order of any other person, or unto the bearer, any sum of money therein mentioned, shall be due and payable, as therein expressed; and shall have the same effect, and be negotiable in like manner, as inland bills of exchange, according to the custom of merchants. 1 R. S. 768, § 1.

6 N. Y. 19, 29; 57 id. 573; 54 id. 234; 60 id. 265; 61 id. 251; 64 id. 155; 66 id. 14; 2 Hilt. 527; 39 Barb. 45; 46 How. Pr. 411; 44 id. 7; 14 Hun, 193; 22 id. 354: 127 N. Y. 92; 57 Hun, 518; 33 N. Y. St. R. 99; 38 id. 57; 11 N. Y. Supp. 278, 279, 282.

2 Same, when signed by agent. Every such note, signed by the agent of any person, under a general or special authority, shall bind such person, and shall have the same effect, and be negotiable, as above provided. Id., § 2.

57 Hun, 518; 33 N. Y. St. R. 99.

3 Section 3, defining the word "person," was repealed by L. 1892, c. 677. See The Statutory Construction Law, § 5.

4 Actions by payees, endorsees, and holders. The payees and endorsees of every such note payable to them or their order, and the holders of every such note payable to bearer, may maintain actions for the sums of money therein mentioned, against the makers and endorsers of the same respectively, in like manner as in cases of inland bills of exchange, and not otherwise. Id., § 4.

127 N. Y. 92; 57 Hun, 518; 87 id. 257; 33 N. Y. St. R. 99; 38 id. 57; 20 N. Y. Supp. 513.

5 Notes payable to order of maker, or fictitious person. Such notes, made payable to the order of the maker thereof, or to the order of a fictitious person, shall, if negotiated by the maker, have the same effect, and be of the same validity, as against the maker and all persons having knowledge of the facts, as if payable to bearer. Id., § 5.

3 Hill, 115; 2 Sandf. 138; 4 E. D. Smith, 85; 1 Bosw. 205; 41 N. Y. Super. 215; 7 Daly, 137; 79 N. Y. 536; 126 id. 318; 37 N. Y. St. R. 382; 47 id. 450.

6 Acceptances to be in writing. No person within this state shall be charged as an acceptor on a bill of exchange, unless his acceptance shall be in writing, signed by himself, or his lawful agent. Id., § 6.

40 N. Y. Super. 15; 9 N. Y. 584, 435, 441; 8 id. 398; 46 id. 88; 101 id. 447; 83 id. 318; 5 Hill, 413; 2 id. 583; 1 id. 84, 584; 5 Duer, 377; 10 Abb. Pr. 59; 3 Bosw. 512; 5 id. 291; 2 Duer, 121; 32 Hun, 398; 17 Wend. 510; 2 N. Y. Supp. 544.

7 Same, on separate paper; effect of. If such acceptance be written on a paper, other than the bill, it shall not bind the acceptor, except in favor of a person to whom such acceptance shall have been shown, and who, on the faith thereof, shall have received the bill for a valuable consideration. Id., § 7.

9 N. Y. 435, 441; 3 Bosw. 512; 5 id. 291; 17 Wend. 510; 40 N. Y. Super. 19; 10 Abb. Pr. 59; 32 Hun, 398.

8 Written promise to accept. An unconditional promise, in writing, to accept a bill before it is drawn, shall be deemed an actual acceptance, in favor of every person who, upon the faith thereof, shall have received the bill for a valuable consideration. Id., § 8.

57 N. Y. 459; 9 id. 441; 46 id. 88; 101 id. 442; 37 id. 116;

Bosw. 290; 3 id. 512; 5 Hill, 432: 5 Duer, 583, 377; 17 Wend. 508; 35 N. Y. Super. 162; 40 id. 15; 15 Hun, 405; 32 id. 398; 17 W. D. 538; 10 Daly, 367; 10 Abb. Pr. 59; 11 N. Y. Supp. 278, 279, 282 9 Refusal to accept on bill. Every holder of a bill presenting the same for acceptance, may require that the acceptance be written on the bill. A refusal to comply with such request shall be deemed a refusal to accept, and the bill may be protested for non-acceptance. Id., § 9.

10 Right of action for breach of promise to accept. The four last sections shall not be construed to impair the right of any person, to whom a promise to accept a bill, may have been made, and who, on the faith of such promise, shall have drawn or negotiated the bill, to recover damages of the party making such promise, on his refusal to accept such bill. Id., § 10.

5 Duer, 377. 583.

11

Destroying or retaining bill, when acceptance. Every person, upon whom a bill of exchange is drawn, and to whom the same is delivered for acceptance, who shall destroy such bill, or refuse, within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill, accepted or non-accepted, to the holder, shall be deemed to have accepted the same. 1 R. S. 769, § 11.

11 Hun, 168; 4 id. 96, 97.

[Note.- §§ 12-17 related to acceptance of bills during the prevalence of pestilence or infectious diseases in New York city, but those sections have been superseded by the New York City Consolidation Act, L. 1882, c. 410, §§ 2026-2031.]

12 Damages on non-payment of bills. The rate of damages to be allowed and paid upon the usual protest for non-payment of bills of exchange, drawn or negotiated within this state, shall, in the following cases, be as follows:

1. If such bill shall have been drawn upon any person or persons at any place in either of the states of Maine, New-Hampshire, Vermont, Massachusetts, RhodeIsland, Connecticut, New-Jersey, Pennsylvania, Ohio, Delaware, Maryland or Virginia, or in the District of Columbia, three dollars upon the hundred, upon the principal sum specified in such bill:

2. If such bill shall have been drawn upon any person or persons at any place in either of the states of North-Carolina, South-Carolina, Georgia, Kentucky or Tennessee, five dollars upon the hundred, upon the principal sum specified in

such bill:

3. If such bill be drawn upon any person or persons at any place, in any other state or territory of the United States, or at any other place on, or adjacent to,

this continent, and north of the equator, or in any British or other foreign possessions in the West Indies, or elsewhere in the Western Atlantic Ocean, ten dollars upon the hundred, upon the principal sum specified in such bill:

4. If such bill shall have been drawn upon any person or persons, at any port or place in Europe, ten dollars upon the hundred, upon the principal sum specified in such bill. 1 R. S. 770, § 18.

3 How. Pr. 60; 3 Sandf. 213.

13 Same: what to include; interest. Such damages shall be in lieu of interest, charges of protest, and all other charges incurred previous to and at the time of giving notice of non-payment; but the holder of such bill shall be entitled to demand and recover lawful interest upon the aggregate amount of the principal sum specified in such bill, and of the damages thereon, from the time at which notice of protest for non-payment shall have been given, and payment of such principal sum, shall have been demanded. Id., § 19.

14 No exchange, when payable in United States money. If the contents of such bill be expressed in the money of account of the United States, the amount due thereon, and of the damages herein allowed for the non-payment thereof, shall be ascertained and determined, without any reference to the rate of exchange, existing between this state and the place on which such bill shall have been drawn, at the time of the demand of payment, or of notice of non-payment. 1 R. S. 771, § 20.

15 Otherwise, when in foreign currency. If the contents of such bill be expressed in the money of account or currency of any foreign country, then the amount due, exclusive of the damages payable thereon, shall be ascertained and determined by the rate of exchange, or the value of such foreign currency, at the time of the demand of payment. Id., § 21.

2 Hilt. 83; 18 Abb. Pr. 45; 6 Rob. 117.

16 Damages and interest on non-acceptance. Where a bill of exchange shall be protested for non-acceptance, the same rate of damages shall be allowed on the protest for non-acceptance, as provided in the four last sections; and shall be in lieu of interest, charges of protest, and all other charges incurred previous to, and at the time of giving notice of non-acceptance; but the holder shall be entitled to recover interest upon the aggregate amount of the principal sum specified in the bill and of the damages thereon, from the time at which notice. of protest for non-acceptance shall have been given. Id., § 22.

18 Abb. Pr. 45.

17 Who to recover damages. The damages allowed by this title,* shall be recovered only by the holder of a bill who shall have purchased the same, or some interest therein, for a valuable consideration. Id., § 23.

18 Notice of protest by mail, where addressed. In all cases where a notice of non-acceptance of a bill of exchange, or non-payment of a bill of exchange, promissory note, or other negotiable instrument may be given by sending the same by mail, it shall be sufficient if such notice be directed to the city or town where the person sought to be charged by such notice resided at the time of drawing, making or endorsing such bill of exchange, promissory note or other negotiable instrument, unless such person at the time of affixing his signature to such bill, note or other negotiable instrument, shall in addition thereto specify thereon the post-office to which he may require the notice to be addressed. L. 1835, c. 141, § 1.

3 N. Y. 444; 25 Barb. 140; 24 Wend. 234; 23 id. 620; 9 Bosw. 308; 43 N. Y. St. R. 907; 63 id. 419.

See 22, post.

19 Proviso. Nothing in this act shall apply to bills of exchange, promissory notes, or other negotiable instruments made or drawn before this act takes effect. Id., § 2.

23 Wend. 620; 21 id. 12; 19 id. 384.

This subject, §§ 1-17.

20 No grace on sight drafts. All bills of exchange or drafts, drawn payable at sight, at any place within this state, shall be deemed due and payable on presentation, without any days of grace being allowed thereon. L. 1857, c. 416, § 1.

21 Same as to checks, etc., on bankers. All checks, bills of exchange or drafts, appearing on their face to have been drawn upon any bank or upon any banking association or individual banker, carrying on banking business under the act to authorise the business of banking, which are on their face payable on any specified day or in any number of days after the date or sight thereof, shall be deemed due and payable on the day mentioned for the payment of the same, without any days of grace being allowed, and it shall not be necessary to protest the same for non-acceptance. Id., § 2.

49 N. Y. 269.

Whenever the residence or

22 When notice of protest, etc., may be by mail. place of business of the endorser of a promissory note, or of the drawer or endorser of a check, draft or bill of exchange, shall be in the city or town, or whenever the city or town indicated under the endorsement or signature of such endorser or drawer, as his or her place of residence, or whenever in the absence of such indication, the city or town where such endorser or drawer, from the best information obtained by diligent inquiry, is reputed to reside or have a place of business, shall be the same city or town where such promissory note, check, draft or bill of exchange is payable or legally presented for payment, or acceptance, all notices of non-payment and of non-acceptance of such promissory note, check, draft or bill of exchange may be served by depositing them, with the postage thereon prepaid, in the post-office of the city or town where such promissory note, check, draft, or bill of exchange was payable or legally presented for payment or acceptance, directed to the endorser or drawer, at such city or town. Id., § 3.

51 N. Y. 144; 9 Bosw. 308; 45 Barb. 666; 137 N. Y. 379; 62 Hun, 484; 2 Misc. 228; 43 N. Y. St. R. 44; 46 id. 568; 50 id. 590, 661.

23 Saving clause. This act shall take effect on the first day of July next, [1857,] but shall not apply to any bills of exchange, checks, drafts or promissory notes bearing date prior to that time. Id., § 4.

24 Protest, etc., when to be governed by foreign law. Any bill of exchange, promissory note or bank check which by its terms is payable in any of the states or territories of the United States other than this state, or in any foreign country, may be presented for acceptance or payment, and demand of such acceptance or payment, and protest for refusal to accept or to pay the same, and notice of such presentment, demand, refusal and protest may be made, according to the laws of such other state, territory or foreign country. L. 1865, c. 309, § 1, as partly repealed by L. 1877, c. 417, § 1, ¶ 39.

25 Public holidays and half holidays. The following days and half days, namely: The first day of January, commonly called New Year's Day; the twelfth day of February, known as Lincoln's birthday; the twenty-second day of February, known as Washington's birthday; the thirtieth day of May, known as Decoration Day; the fourth day of July, called Independence Day; the first Monday of September, to be known hereafter as Labor Day; the twenty-fifth day of December, known as Christmas Day; any general election day in this state; every Saturday from twelve o'clock at noon until twelve o'clock at midnight which is hereby designated as a half-holiday; and any day appointed or recommended by the governor of this state, or the president of the United States, as a day of thanksgiving, or fasting and prayer, or other religious observance, shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday, and as public holidays or half-holidays; and all such bills, checks and