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DEBT ON PROMISSORY NOTES.
24. Payee FOR that whereas the said C. D. on, &c. at, &c. made his certain proof note a-missory note in writing, bearing date the day and year aforesaid, and gainst ma-then and there delivered the said note to the said A. B., by which said note, he the said C. D. then and there promised to pay, two months af ter the date thereof, to the said A. B. or order, the sum of £50, for value received.
By means whereof and by force of the statute in such case made and provided, the said C. D. then and there became liable to pay to the said A. B. the said sum of money in the said note specified, according to the tenor and effect of the note; and although the said sum of money in the said note specified, hath, according to the tenor and effect of the said note, been long since due and payable, yet the said C. D. (al[ 512 though often requested so to do) hath not as yet paid the said sum of money, or any part thereof, but hath hitherto wholly neglected and refused so to do, whereby an action hath accrued to the said A. B. to demand and have of and from the said C. D. the said sum of money in the said note specified, parcel of the said sum above demanded.
N. B. Add the proper common counts in debt in the consideration of the note, and the account stated, and the usual conclusion in debt.
25. By the
FOR that whereas the said C. D. on, &c. at, &c. according to the payee of a usage and custom of merchants from time immemorial used and apbill against proved of within this kingdom, made his certain bill of exchange in on default writing, bearing date the day and year aforesaid, and then and there of payment directed the said bill of exchange to one E. F. (by the name and addiby the ac- tion of Mr. E. F., &c.) by which said bill of exchange he the said C. D. ceptor, then and there requested the said E. F. two months after the date thereof, to pay to the said A. B. or order, the sum of £50, value received, and then and there delivered the said bill of exchange to the said A. B., which said bill of exchange, the said E. F. afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, upon sight thereof accepted, according to the said usage and custom of merchants.
And the said A. B. avers, that afterwards, when the said bill of exchange became due and payable, according to the tenor and effect thereof,
• When debt is sustainable on a note, see ante, 427 to 429. See the forms, Morgan's Precedents, 548.-1 Mod. Ent. 312. See the form, 2 Bos. & Pul. 78, debt lies
against indorser, when he is also drawe and payee. Stratton v. Hill, 3 Price, 253
When debt on bills is sustainable, sec ante. 427 to 429, and supra.
to wit, on, &c. at, &c. aforesaid, the said bill of exchange so accepted APPENDIX. as aforesaid, was duly presented and shown to the said E. F. for payment thereof, according to the said usage and custom of merchants, and the said E. F. was then and there requested to pay the said sum of money in the said bill of exchange specified, according to the tenor and effect thereof, and of his said acceptance thereof, but the said F. F. did not, nor would, when the said bill of exchange was so presented and shown to him for payment thereof as aforesaid, or at any time afterwards, pay the said sum of money therein specified, or any part thereof but then and there wholly neglected and refused so to do, of all which said premises, the said C. D. afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, had notice.
By means whereof, and according to the said usage and custom of 515 ] merchants, he the said C. D. then and there became liable to pay the said A. B. the said sum of money in the said bill of exchange specified, when he the said C. D. should be thereunto afterwards requested, and being so liable, he the said C. D in consideration thereof, afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, agreed to pay to the said A. B. the said sum of money in the said bill of exchange specified, when he the said C. D. should be thereunto afterwards requested whereby and by reason of the said sum of money in the said bill of exchange specified, being and remaining wholly unpaid, an action hath accrued to the said A. B. to demand and have, of and from the said C. D. the said sum of money in the said bill of exchange specified, parcel of the said sum above demanded.
In the King's Bench.
A. B. Plaintiff. Notice to and plaintiff to C. D. Defendant. prove con
I hereby give you notice, that on the trial of this cause the above-given by named defendant will insist and give in evidence, that the supposed him bill of exchange (or "promissory note,") mentioned in the declaration bill.d in this cause, if any such there be, was obtained from the said defendant (or "from G. H.") without legal or sufficient consideration, and by undue means, and that the said defendant is not liable to pay the same and I do hereby further give you notice, and require you on the said trial to prove the consideration given by the said plaintiff, and every other party for the said bill of exchange, and when such consideration was given and paid, and in what manner, and the person and persons by and from whom the same bill of exchange was obtained by the said plaintiff or any other person, and the time when the said plaintiff and any other person became the holder thereof: and I do hereby further give you notice, and require you on the said trial to produce and give in evidence all letters and copies of letters, and books of account, and vouchers, in any way relating to the said bill of exchange: and in particular a certain letter bearing date, &c. (here specify any particular document material to be produced.) Dated, &c. Yours, &c.
Attorney for the said defendant.
To Mr. N. O. the above-named plaintiff, and
The day the bill became due. CHITTY ON BILIS.
As to this notice, see ante, 400.
JUDGMENTS IN ASSUMPSIT ON A BILL, &c.
As yet of Michaelmas Term, in the 2d year of the reign of King George the Fourth, witness Sir Charles Abbott, Knt.
Judgment Middletown, to wit.-A. B. puts in his place his attorney against C. D. in a plea of trespass on the case upon promises.
rer to a re
plication of Middlesex, to wit.-The said C. D. puts in his place
nul tiel re
cord, to a
judgment Middlesex, to wit.-Be it remembered, that, &c. [here copy the demurrer-book, containing declaration on a bill of exchange and money counts, plea judgment recovered, replication nul tiel record demurrer thereto, joinder, and award of curia advisari vult.]
to a decla
ration on bill of exchange,and
on the first
the bill, on
At which day, before our said Lord the King at Westminster, come counts; as well as the said A. B. by his attorney aforesaid, as the said C. D. by with a re-his attorney aforesaid; and whereupon all and singular the premises damna to being seen, and by the court of our said Lord the King now here fully the money understood, and mature deliberation being thereupon had, it appears to counts, and the said court here, that the said replication of the said A. B. and the judgment matters therein contained, are sufficient in law for the said A. B. to have for plaintiff and maintain his aforesaid action thereof against the said C. D. Wherecount for fore the said A. B. ought to recover against the said C. D. his dathe princi- mages, by reason of the premises. * And hereupon the said A. B. pal and in-freely here in court, remits to the said C. D. all damages sustained by reason of the not performing of the said several promises and undera reference takings in the last four counts of the said declaration mentioned: master therefore let the said C. D. be thereof acquitted. And because it is to compute suggested and proved, and manifestly appears to the said court here, principal & that the said A. B. hath sustained damages by reason of the not performing of the said promise and undertaking in the said first count of the said declaration mentioned, to £50, besides the costs and charges of the said suit: Therefore it is considered that the said A. B. do reJudgment signed the cover against the said C. D. the said sum of £50, for his damages last 17th day of aforesaid; and also £20 for his said costs and charges by the said court May, 1821. here adjudge to the said A. B. with his assent, which said damages, costs, and charges, in the whole amount to £70, and the said C. D. in mercy, &c.
N. B. Insert the memoranda of the warrants of attorney, as in the precedent, ante, 314, and then proceed as follows:
* More or less, according to the number of the common counts.
To wit. Be it remembered, that on
next after APPENDIX.
in this same term, before our Lord the King, at Westmin-00303000 ster, comes A. B. by E. F. his attorney, and brings into court of our on a judgsaid Lord the King, before the King himself now here, his certain bill ment by nil against C. D. being in the custody of the Marshal of the Marshalsea of dicit. our Lord the King, before the King himself, of a plea of trespass on the case upon promises, and there are pledges for the prosecution thereof, to wit, John Doe and Richard Roe, which said bill follows in those words, that is to say,-to wit, A. B. complains of C. D. being in the custody, &c. (here copy the declaration to the end, omitting the pledges, and proceed in a new line as follows:
And the said C. D. in his proper person (or by G. H. his attorney,) comes and defends the wrong and injury when, &c. and says nothing in bar or preclusion of the said action of the said A. B. whereby the said A. B. remains therein undefended against the said C. D., wherefore the said A. B. ought to recover against the said C. D. his damages by reason of the premises, &c. (proceed as in the first precedent, from the asterisk to the end, and if the final judgment be of a term subsequent to the interlocutory judgment, insert the continuances as in the next precedent.)
N. B. The same as the two precedents to the end of the interlocutory [ 516 ] judgment at the asterisk, and then proceed as follows:
But because it is unknown to the court of our said Lord the King The like now here, what damages the said A. B. hath sustained by means of the when final premises, the sheriff is commanded, that by the oath of twelve good and judgment is signed of a lawful men of his bailiwick, he diligently inquire what damages the said different A. B. hath sustained, as well by means of the premises, as for his costs term from and charges by him about his suit in this behalf expended, and that he the interlosend the inquisition which he shall thereupon take to our said Lord the cutoryjudg King, at Westminster, on under his; a continuseal, and the seals of those by whose oath he shall take that inquisition, ance by together with the writ of our said Lord the King, to him thereupon di-award of rected, and the same day is given to the said A. B. at the same place. writ of in
At which day before our said Lord the King, at Westminster afore- vicecomes said, comes the said A. B. by his attorney aforesaid: And the sheriff non misit hath not sent the writ of our said Lord the King to him in that behalf breve. directed, nor hath he done any thing thereupon. Therefore, as before the sheriff is commanded, that by the oath of twelve good and lawful men, &c. (same as above, to the asterisk, inserting a return day in the subsequent term, and then proceed as follows:) And hereupon the said A. B. freely in court, remits to the said C. D. all damages, &c. (as above, from the asterisk, 514.)
The omission of the following supposed default is not material, 4 Taunt. 148.
NOTARY'S FEES OF OFFICE, AS SETTLED THE FIRST OF
 First-That from and after the fifth day of the present month of July, the noting for all bills drawn upon, or addressed at the house of any person or persons residing within the ancient walls of the said city of London shall be charged one shilling and sixpence; and without the said walls, and not exceeding the limits hereunder specified, the sum of two shillings and sixpence.
Second-For all bills drawn upon, or addressed at the house of any person or persons residing beyond Old or New Bond Street, Wimpole Street, New Cavendish Street, Upper Mary-bone Street, Howland Street, Lower Gower Street, lower end of Gray's-inn Lane, (and not off the pavement,) Clerkenwell church, Old Street, Shoreditch church, Brick Lane, St. George's in the East, Execution-dock, Wapping, Dockhead, upper end of Bermondsey Street, (as far as the church,) end of Blackman Street, end of Great Surrey Street, Blackfriars-Road, (as far as the Circus,) Cuper's Bridge, Bridge Street, Westminster, Arlington Street, Piccadilly, and the like distances, three shillings and sixpence : and off the pavement, one shilling and sixpence per mile additional.
Third-For protesting a bill drawn upon, or addressed at the house of any person or persons residing within the ancient walls of the said city, (including the stamp duty of four shillings, and exclusive of the charge of noting,) the sum of six shillings and sixpence and without the ancient walls of the said city, including the like stamp duty, and exclusive of the said charge of noting, the sum of eight shillings, agreeably to the second article.
Fourth-That all acts of honour within the ancient walls or the said city of London, shall be charged the sum of one shilling and sixpence upon each bill; and for all acts of honour without the ancient walls of the said city, to be regulated agreeable to the charge of noting bills out of the city; and the like charge for any additional demand that may be made upon the said bill, or when the same is mentioned and inserted in the answer in the protest.
Fifth-For every post demand and act thereof, within the ancient walls
But see ante, 312, and 4 T. R. 179.