sions relating hereto, 3 & 4

Anne, c. 9. sect. 4.

cause the said bill or bills to be protested' by a notary public, APPENDIX. and in default of such notary public, by any other substantial Further provi person of the city, town, or place, in the presence of two or more credible witnesses, refusal or neglect being first made of due payment of the same; which protest shall be made and written under a fair written copy of the said bill of exchange, in the words or form following:

which is made per petual by 7 Ann.

c. 25. 1 Salk. 131.

Mod. cases in the

law, 80. 373. 6 Mod. 80.

day of The form of the protest.

have demanded payment of the bill, of the which the above is the copy, which the said

did not pay, wherefore

do hereby protest the said bill. Dated

given in fourteen

days after made,

&c.

II. Which protest so made as aforesaid, shall, within fourteen Protest or notice days after making thereof, be sent, or otherwise due notice shall thereof to be be given thereof, to the party from whom the said bill or bills were received, who is, upon producing such protest, to repay the said bill or bills, together with all interest and charges from the day such bill or bills were protested; for which protest shall be paid a sum not exceeding the sum of sixpence; and in default or neglect of such protest made and sent, or due notice given within the . days before limited, the person so failing or neglecting thereof, is and shall be liable to all costs, damages, and interest, which do and shall accrue thereby.

III. Provided nevertheless, that in case any such inland bill or Bill lost or misbills of exchange shall happen to be lost or miscarried within the carried, drawer to give anothor. time before limited for the payment of the same, then the drawer of the said bill or bills is and shall be obliged to give another bill or bills of the same tenor with those first given, the person or persons to whom they are and shall be so delivered, giving security, if demanded, to the said drawer, to indemnify him against all persons whatsoever, in case the said bill or bills of exchange so alleged to be lost or miscarried, shall be found again.

As to protest and constructions on this statute, ante, 396, &c. 2 Ante, 398.-4 T. R. 170.

* As to lost bills and constructions on this clause, ante, 196, &c.

APPENDIX. Statute. 3 & 4 Anne, Chap. 9. intituled, " An Act

for giving like Remedy upon Promissory Notes,

as is now used upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange."-Made perpetual by 7 Anne, c. 25.

s. 3.")

• WHEREAS it hath been held, That notes in writing, signed by the party who makes the same, whereby such party promises to pay unto any other person, or his order, any sum of money therein mentioned, are not assignable or indorsable over, within the custom of merchants, to any other person; and that such person to whom the sum of money mentioned in such note is 6 payable, cannot maintain an action by the custom of merchants, " against the person who first made and signed the same; and that any person to whom such note should be assigned, indorsed, or 'made payable, could not, within the said custom of merchants, 'maintain any action upon such note against the person who first

year

drew and signed the same.' Therefore, to the intent to encourage trade and commerce, which will be much advanced, if such notes shall have the same effect as inland bills of exchange, and shall be negotiated in like manner: 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, That all uotes in writing, that after the first day of May, in the of our lord one thousand seven hundred and five, shall be made and signed by any person or persons, body politic or corporate, or by the servant or agent of any corporation, banker, goldsmith, merchant, or trader, who is usually intrusted by him, her or them, to sign such promissory notes for him, her, or them, whereby such person or person, body politic and corporate, his, her, or their servant or agent as aforesaid, doth or shall promise to pay to any other person or persons, body politic and corporate, his, her, or their order, or unto bearer, any sum of money mentioned in such note, shall be taken and construed to be, by virtue thereof, due and payable to any such person or persons, body politic and

* See constructions on this statute as to promissory notes, ante, 414 to 423.

corporate, to whom the same is made payable; and also every APPENDIX. such note payable to any person or persons, body politic and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants; and that the person or persons, body politic and corporate, to whom such sum of money is or shall be by such note made payable, shall and may maintain an action for the same, in such manner as he, she, or they, might do, upon any inland bill of exchange, made or drawn according to the custom of merchants, against the person or persons, body politic and corporate, who, or whose servant or agent as aforesaid, signed the same and that any person or persons, body politic and corporate, to whom such note that is payable to any person or persons, body politic and corporate, his, her, or their order, is indorsed or assigned, or the money therein mentioned, ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body politic and corporate, who, or whose servant or agent as aforesaid, signed such note, or against any of the persons that indorsed the same, in like manner as in cases of inland bills of exchange; aud in every such action the plaintiff or plaintiffs shall Plaintiff or defendant may rerecover his, her, or their damages and costs of suit; and if such Cover costs. plaintiff or plaintiffs shall be nonsuited, or a verdict be given against him, her, or them, the defendant or defendants shall recover his, her, or their costs against the plaintiff or plaintiffs; and every such plaintiff or plaintiffs, defendant or defendants, respectively recovering, may sue out execution for such damages and costs by capias, fieri facias, or elegit.

II. And be it further enacted by the authority aforesaid, that all and every such actions shall be commenced, sued and brought within such time as is appointed for commencing or suing actions upon the case, by the statute made in the one and twentieth year of the reign of King James the first, intituled, 'An Act for Limi tation of Actions, and for avoiding of Suits in Law.'

How actions shall

be brought, 21

Jac. 1. c. 16.

III. Provided, That no body politic or corporate shall have Proviso against power, by virtue of this act, to issue or give out any notes, by giving out notes. themselves or their servants, other than such as they might have

issued, if this act had never been made.

IV. And whereas by an act of parliament made in the ninth year 9 & 10 W. S. c. 17. of the reign of his late Majesty King William the Third, intituled, An Act for the better Payment of Inland Bills of Exchange, it is among other things enacted, that from and after presenta

APPENDIX.

Party refusing to

underwrite bill of exchange, such bill may be pro. tested for nonacceptance.

No acceptance of inland bills of ex

same be under

written, nor

drawer thereof

tion and acceptance of the said bill or bills of exchange (which acceptance shall be by the underwriting the same under the 'party's hand so accepting) and after the expiration of three days after the said bill or bills shall become due, the party to whom the said bill or bills are made payable, his servant, agent, or assigns, may and shall cause the same bill or bills to be protested in manner as in the said act is enacted: And whereas by there being no provision made therein for protesting such bills or bills, in case the party on whom the same are or shall be drawn, refuse to accept the same by underwriting the same under his hand, all merchants and others do refuse to underwrite such bill or bills, or make any other than a promissory acceptance, by which means the effect and good intent of the said act in that 'behalf is wholly evaded, and no bill or bills can be protested be" fore, or for want of such acceptance by under writing the same ' as aforesaid.' For remedy whereof, be it enacted by the authority aforesaid, that from and after the first day of May, which shall be in the year of our lord one thousand seven hundred and five, in case, upon presenting of any such bill or bills of exchange, the party or parties, on whom the same shall be drawn, shall refuse to accept the same, by underwriting the same as aforesaid, the party to whom the said bill or bills are made payable, his servant, agent or assigns, may and shall cause the said bill or bills to be protested for non-acceptance as in case of foreign bills of exchange; any thing in the said act or any other law to the contrary notwithstanding; for which protest there shall be paid two shillings and no more.

V. Provided always, that from and after the said first day of change to be suf- May, no acceptance of any such inland bill of exchange shall be ficient, unless the sufficient to charge any person whatsoever, unless the same be underwritten or indorsed in writing thereupon; and if such bill be liable to costs, &c. not accepted by such underwriting, or indorsement in writing, no drawer of any such inland bill shall be liable to pay any costs, damages, or interest thereupon, unless such protest may be made for non-acceptance thereof; and within fourteen days after such protest, the same be sent or otherwise notice thereof be given to the party from whom such bill was received, or left in writing at the place of his or her usual abode; and if such bill be accepted, and not paid before the expiration of three days after the said bill shall become due and payable, then no drawer of such bill shall be compellable to pay any costs, damages or interest thereupon,

unless a protest be made and sent, or notice thereof be given, in manner and form above-mentioned: Nevertheless, every drawer of such bill shall be liable to make payment of costs, damages, and interest upon such inland bill, if any one protest be made of nonacceptance, or non-payment thereof, and notice thereof be sent, given, or left as aforesaid.

VI. Provided, that no such protest shall be necessary, either for non-acceptance or non-payment of any inland bill of exchange, unless the value be acknowledged and expressed in such bill to be received, and unless such bill be drawn for the payment of twenty pounds sterling or upwards, and that the protest hereby required for non-acceptance, shall be made by such persons as are appointed by the said recited act to protest inland bills of exchange for non-payment thereof.

APPENDIX.

No protest neces

sary unless the bill be drawn for £20 or upwards.

shall be made.

Acceptance of

bill esteemed a

VII. And be it further enacted, That from and after the said By whom protest first day of May, if any persons doth accept any such bill of exchange, for and in satisfaction of any former debt, or sum of money formerly due unto him, the same shall be accounted and esteemed a full and complete payment of such debt, if such person accepting of any such bill for his debt, doth not take his due course to obtain payment thereof, by endeavouring to get the same accepted and paid, and make his protest as aforesaid, either for nonacceptance, or non-payment thereof.

full payment of

debt.

VIII. Provided, that nothing herein contained shall extend to Proviso. discharge any remedy, that any person may have against the drawer, acceptor, or indorser of such bill.

IX. And be it further enacted by the authority aforesaid, that this act shall continue and be in force for the space of three years, from the first day of May, and from thence to the end of the next session of parliament, and no longer.

[Made perpetual by 7 Anne, c. 25. s. 3.]

Act to continue three years.