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ment or delivery. And lastly, are stated the conse quences of the loss of a bill, &c. and what conduct the holder should thereupon pursue, and whether he can sue the parties thereto at law, without producing the bill.

The fifth chapter contains five Sections. In section 1. the presentment of a bill for acceptance; in section II. the nature of acceptances; in section III. non-acceptance, and the conduct which the holder should thereupon pursue; in section IV. protest for better security; and in section v, acceptances supra protest are considered.

Section 1.-When a presentment for acceptance is necessary, at what time it should be made, and the mode of making it.

Section 11.-1st, By whom an acceptance may be made. 2dly, At what time it may be made, and here some recent very important decisions are collected, shewing that an acceptance cannot be made before a bill is drawn. 3dly, The form and effect of the different acceptances, whether in writing, or verbal, or absolute, conditional, partial or varying; and what amounts to an acceptance. 4thly, The liability of the acceptor, how far an acceptance is revocable, and how the acceptor's liability may be released or discharged. 5thly, The liability of a party promising to pay a bill,

Section III.-Non-acceptance, and the conduct which the holder must thereupon pursue. 1st, When notice of non-acceptance is necessary; and when the want of it is excusable. 2dly, Of the protest for nonacceptance and of notice, and how it should be given.

3dly, The time when the protest must be made, and the notice given. 4thly, By whom notice must be given. 5thly, To whom it must be given. 6thly, Of the liability of the parties to a bill on the dishonour of it by the drawee. 7thly, How the consequences of neglect to give notice may be waived.

Section IV-Contains the points relative to the protest for better security.

In Section v.-The nature of an acceptance supra protest is considered, and first, by whom it may be made; secondly, the mode of making it; thirdly, the liability of such acceptor; and lastly, the nature of his right against the parties for whose honour he accepted the bill.

The sixth chapter contains four sections. In section first, presentment of a bill, &c. for payment; in section second, payment; in section third, the conduct to be pursued on non-payment; and in section fourth, payment supra protest are considered.

SECT. I. Presentment for payment; first, when it is necessary, and when the neglect is excusable; secondly, by and to whom, and where, the presentment should be made; thirdly, the time when a bill, check, or note, should be presented for payment, and herein in general of the mode of computing the time when a bill, &c. is due; of new and old style, of days of grace, of usances, of lunar and calendar months, of bills payable at sight, when due, when checks, bills, &c. payable on demand, or generally, should be presented for payment; and of the time of the day when the presentment should be made, and of leaving the bill on presentment for pay

ment.

SECT. 11. Of payment; first, by and to whom it may be made, and the consequences of the payment to a party having no interest in the bill, or to or by a bankrupt; secondly, within what time payment must be made; thirdly, how it should be made, and herein of payment by remittance of a bill, or by draft, and of giving up the bill to the acceptor, of the effect of giving time to the acceptor or prior indorser, and of receiving part payment from such parties, of the consequences of proving under a commission, and of compounding with the acceptor; fourthly, of the receipt for payment; fifthly, of the effect of payment, &c. and how far money paid by mistake may be recovered back.

SECT. III. Of the conduct which the holder should pursue on non-payment, which is in general governed by the same rules, as in the case of non-acceptance; and first, when notice of non-payment is necessary ; secondly, the form and mode of giving notice, by protest in the case of a foreign bill, and sometimes of an inland bill, and by notice of non-payment in all cases; thirdly, the time when protest must be made and notice given, and here some very important recent decisions are stated relating to the time when notice of non-payment is to be given, and whether the reasonableness thereof be a question of law, or of fact; fourthly, by whom notice of non-payment must be given: fifthly, to whom; sixthly, the liability of the different parties thereupon; seventhly, how the consequences of the neglect to give notice may be waived or done away; eighthly, of the effect of giving time, of receiving part, and of compounding.

SECT. IV. Of payment supra protest for the honour of the drawer, and indorsers, and of the right of the party making such payment.

In the seventh chapter of the present edition, checks on bankers are separately considered.

In the eighth chapter, the points relating to promissory notes, bankers' notes, and Bank of England notes are considered; and first, the origin and nature of promissory notes, the effect given to them by the 3d and 4th Ann. c. 9., their resemblance to bills of exchange, and how far the rules applicable to the one affect the other. The form and requisites of these notes, are governed in general by the same rules as those affecting bills, the stamps thereon, and the transfer thereof. Secondly, bankers' cash notes are considered, and the stamps thereon, and transfer thereof; and lastly, the nature of Bank notes, and the various points relating thereto.

The SECOND PART relates to the remedies or modes of inforcing payment of a bill, note, &c. and is divided into seven chapters.

In the first chapter is stated by, and against, whom an action of assumpsit may be supported.

In the second chapter, the requisites of the affidavit to hold to bail, and the arrest for a debt due on a bill, &c. the nature and parts of a declaration on a bill, &c., and the common counts applicable to the consideration thereof, and what are proper to be inserted, are considered; and in this chapter, as well as in the Appendix of Precedents, with the Notes, the

author has endeavoured to state all the points relating to the declaration.

The third chapter relates to the staying of proceedings on payment of debt and costs, to judgment by default, reference to the master to compute principal and interest due on the bill, &c. the writ of inquiry, and the defences and pleas in an action on a bill.

In the fourth chapter, the evidence in an action on a bill, &c. is fully considered. And first, what facts the plaintiff must prove, and first, the making of the bill, &c.: secondly, that the defendant became party thereto, as acceptor, drawer or indorser; thirdly, the plaintiff's interest in the bill, as payee, bearer, indorsee or acceptor supra protest; fourthly, the breach of the defendant's contract, as the default of acceptance or payment.

Secondly. The mode of proving these facts, and first of the mode of proving the bill; secondly, how the defendant became party thereto; thirdly, the plaintiff's interest, and lastly, the non-acceptance or non-payment, and notice thereof to the defendant, and in general of the competency of witnesses. The evidence to be adduced by the defendant is also considered.

In the fifth chapter, the verdict and damages in an action on a bill, &c. are considered, and first, how much of the sum payable by the bill, &c. is recoverable when the defendant has not had value for the whole amount, or when the bill, &c. is payable by instalments; secondly, what interest; thirdly, what expenses, re-exchange, provision, &c. are recoverable.

The sixth chapter relates to the action of debt, on a bill, &c. and when it is sustainable,

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