elsewhere; and the defendant or defendants in every such action or APPENDIX. suit shall and may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if the same shall appear to have been so done, or if any such action or suit shall be brought after the time limited for bringing the same, or be brought or laid in any other place than as aforementioned, then the jury shall find for the defendant or defendants; or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have the like remedy for the Treble costs. recovery thereof as any defendant or defendants hath or have in any other cases by law. By 17 Geo. 3. c. 30. s. 1, made perpetual by 27 Geo. 3. c. 16.—« Whereas the said act (meaning 15 Geo. 3. c. 51.) hath "been attended with very salutary effects, and in case the pro"visions therein contained were extended to a further sum, (but "yet without prejudice to the convenience arising to the public "from the negotiation of promissory notes and inland bills of ex"change for the remittance of money, in discharge of any balance "of account or other debt,) the good purposes of the said act "would be further advanced;" Be it therefore enacted, That all promissory or other notes, bills of exchange, or drafts, or undertakings in writing, being negotiable or transferrable for the payment of twenty shillings, or any sum of money above that sum, and less than five pounds, or which twenty shillings, or above that sum, and less than five pounds, shall remain undischarged, and which shall be issued, within that part of Great Britain called England, at any time after the first of January, 1778, shall specify the names and places of abode of the persons respectively to whom, or to whose order, the same shall be made payable, and shall bear date before or at the time of drawing or issuing thereof, and not on any day subsequent thereto, and shall be made payable within the space of twenty-one days next after the day of the date thereof; and shall not be transferrable or negotiable after the time thereby limited for payment thereof; and that every indorsement to be made thereon shall be made before the expiration of that time, and bear date at, or not before the time of making thereof; and shall specify the name and place of abode of the person or persons to whom, or to whose order, the money contained in every Statutes as to bills and notes under £5. 672 APPENDIX. such note, bill, draft, or undertaking is to be paid; and that the signing of every such note, bill, draft, or undertaking, and also of every such indorsement, shall be attested by one subscribing witness at the least; and which said notes, bills of exchange, or drafts, or undertakings in writing, may be made or drawn in words to the purport or effect as set out in the schedule hereunto annexed, No. 1 and 2. And that all promissory or other notes, bills of exchange, or drafts, or undertakings in writing, being negotiable or transferrable, for the payment of twenty shillings, or any sum of money above that sum, or less than five pounds; or in which twenty shillings, or above that sum, and less than five pounds shall remain undischarged, and which shall be issued within that part of Great Britain called England, at any time after the said 1st day of January, 1778, in any other manner than as aforesaid; and also every indorsement on any such note, bill, draft, or undertaking, to be negotiated under this act, other than as aforesaid, shall, and the same are hereby declared to be, absolutely void; and the person publishing, uttering or negotiating them, is subject to the penalty of £20. "Twenty-one days after date, I promise to pay to A. B. of (place) or for value received by "his order, the sum of And the indorsement, toties quoties. "C. D. (Day) (Month) (Year) "Pay the contents to G. G. of (place) or his order. "A. B. No. 2. (Place) (Day) (Month) (Year) "Twenty-one days after date, pay to A. B. of (place) or his order, the favour of Bank By 37 Geo. 3. c. 28, it is enacted, "That all promissory notes APPENDix. " and other notes, for payment of money, which since the 2d "day of March, one thousand seven hundred and ninety-seven, "have been, or which hereafter shall be issued by the Governor Exceptions in ❝ and Company of the Bank of England, payable to bearer, not- of England. "withstanding the same shall have been, or shall be made and "issued for the payment of any sum of money under the sum of "five pounds, shall be good and valid in the law, to all intents and purposes, in like manner as if the same had been made and "issued for the sum of five pounds or upwards; and no person "concerned or who has acted, or who shall or may be concerned « or act in, the making, uttering, publishing, or negotiating, such "notes, shall be subject or liable to any penalty or forfeiture "whatsoever in respect thereof." favour of notes mand. By 37 Geo. 3. c. 32.-Whereas it is expedient that the said Exceptions in acts (15th and 17th Geo. S.) should be suspended for a certain for 20 shillings, time, so far as the same may relate to any notes, drafts, or under- payable on detakings, made payable on demand 2: be it therefore enacted, that the said acts, so far as the same relate to the making void of promissory notes, or drafts, or undertakings in writing, payable on demand to the bearer thereof, for any sum of money less than the sum of five pounds in the whole; and also to restrain the publishing or uttering and negotiating of any such notes, drafts, or undertakings as aforesaid, shall, after the second day of March, one thousand seven hundred and ninety-seven, be, and the same are hereby declared to be, to all intents and purposes, suspended until the first day of May next. Sect. 3. And be it further enacted, "That if any person liable to Made of enforc "the payment of any such notes, drafts, or undertakings in writing, ing payment of "as may be issued in pursuance of this act, shall neglect or fail to lings. "make full payment in money of the sum or sums for which such 66 notes, drafts, or undertakings in writing, shall be respectively given 66 or issued, or so much thereof as shall be or remain due thereon re Continued by 37 Geo. 3. c. 61. s. 2. and c. 120.—38 Geo. 3. c. 7. 39 Geo. 3.—43 Geo. 3. c. 1.-44 Geo. 3. c. 1. s. 4.—45 Geo. 3. c. 25. 55 Geo. 3. c. 6—and continued till two years after the expiration of the restrictions, upon payments in cash by the Bank of England, by 56 Geo. 3. c. 21. 2 Therefore notes payable otherwise than on demand to the bearer thereof, are still invalid, unless framed according to the 15th and 7th Geo. 3, notes for 20 shil APPENDIX. spectively, by the space of three days after demand thereof, made "by the holder or holders of such notes, drafts, or undertakings "in writing, it shall and may be lawful for any one or more of His "Majesty's justices of the peace for the county, riding, city, divi"sion or place, where the person or persons respectively refusing " so to pay any of such notes, drafts, or undertakings in writing, "as last aforesaid, shall or may happen to be or reside, and such "justice or justices is or are hereby required, upon complaint "made by the holder or holders thereof, to summon the person "or persons against whom such complaint shall be made, and "after his, her, or their appearance, or in default thereof, upon "due proof upon oath (and which oath such justice or justices is "or are hereby empowered to administer) of such summons or "warning having been given, such justice or justices shall pro"ceed to hear and determine the said complaint, and award such "sum to be paid by the person or persons respectively liable to "the payment of every such note, draft or undertaking in writing, "to the holder or holders thereof, as shall appear to such justice "or justices to be due thereon, together with such a sum for costs, "not exceeding the sum of twenty shillings, as to such justice or justices shall seem meet; and if any person or persons shall "refuse or neglect to pay or satisfy such sum of money, as upon "such complaint as aforesaid shall be adjudged, upon the same "being demanded, such justice or justices shall, by warrant under his or their hand and seal, or hands and seals, cause the same to be levied by distress and sale of the goods of the party so "neglecting or refusing as aforesaid, together with all costs and "chargesattending such distress and sale, returning the overplus, "if any, to the owner." * Extended to seven days by the 37th Geo. 3. c. 61. s. 2. STAMP ACT. 55 GEO. 3. c. 184. An Act for repealing the Stamp Duties on Deeds, N. B. The new duties to commence and take place from Instruments hav but of sufficient ing wrong stamps, value, valid. Section X. And be it further enacted, That, from and after the passing of this act, all instruments for or upon which any stamp or stamps shall have been used of an improper denomination or rate of duty, but of equal or greater value in the whole with or than the stamp or stamps which ought regularly to have been used thereon, shall nevertheless be deemed valid and effectual in the law; except in cases where the stamp or stamps used on such in- Exception. struments shall have been specially appropriated to any other instrument, by having its name on the face thereof. XI. And be it further enacted, That if any person shall make, sign or issue, or cause to be made, signed or issued, or shall accept or pay, or cause or permit to be accepted or paid, any bill of exchange, draft or order, or promissory note for the payment of money, liable to any of the duties imposed by this act, without the same being duly stamped for denoting the duty hereby charged thereon, he, she or they shall, for every such bill, draft, order or note, forfeit the sum of fifty pounds. Making, &c. bills not duly stamped. of exchange, &c. Penalty. Post dating bills XII. And be it further enacted, That if any person or persons shall make and issue, or cause to be made and issued, any bill of of exchange, &c. exchange, draft or order, or promissory note for the payment of money, at any time after date or sight, which shall bear date subsequent to the day on which it shall be issued, so that it shall not in fact become payable in two months, if made payable after date or in sixty days, if made payable after sight, next after the day on which it shall be issued, unless the same shall be stamped for denoting the duty hereby imposed on a bill of exchange and promissory note for the payment of money at any time exceeding two months after date, or sixty days after sight, he, she or they shall, |