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Statute 9 & 15 IV. 3. c. 17. entitled "An Act for the better Payment of
Inland Bills of Exchange."

Bills of

or upwards,

WHEREAS great damages and other inconveniences do frequently "happen in the course of trade and commerce, by reason of delays of "payment and other neglects on inland bills of exchange in this king"dom;" be it therefore enacted by the King's Most Excellent Majesty, by and with the consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority exchange of the same, That from and after the four-and-twentieth day of June drawn in next, which shall be in the year one thousand six hundred and ninetyEngland, eight, all and every bill or bills of exchange drawn in, or dated at and &c. of £5 from, any trading city or town, or any other place in the kingdom of payable at England, dominion of Wales, or town of Berwick-upon-Tweed, of the certain sum of five pounds sterling or upwards, upon any person or persons of number of or in London, or any other trading city, town, or any other place (in days, &c. which said bill or bills of exchange shall be acknowledged and expressAfter ac- ed the said value to be received,) and is and shall be drawn payable at a and three certain number of days, weeks, or months, after date thereof, and from days after it and after presentation and acceptance of the said bill or bills of exis due, may change, (which acceptance shall be by the under writing the same under be protest- the party's hand so accepting) and after the expiration of three days afed. ter the said bill or bills shall become due, the party to whom the said

a

hereto, 3 &

Further bill or bills are made payable, his servant, agent or assigns, may and provisions shall cause the said bill or bills to be protested by a notary public, relating and in default of such notary public, by any other substantial person 4 Ann, c. 9. of the city, town, or place, in the presence of two or more credible which witnesses, refusal or neglect being first made of due payment of is made the same, which protest shall be made and written under a fair written perpetual tual copy of the said bill of exchange, in the words or form following:

4.

by 7 Ann,

c.25. 1Salk.

6

131. Mod. KNOW all men, that I, A. B. on the cases in the the usual place of abode, of the said

law,80.373.ment of the bill, of the which the above is the

6 Mod. 80. "

The form of the protest. [ 525 ]

or

did not pay, wherefore I the said

'test the said bill. Dated this

day of

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Protest II. Which protest so made as aforesaid, shall, within fourteen days notice after making thereof, be sent, or otherwise due notice shall be given thereof to thereof, to the party from whom the said bill or bills were received, who be given is, upon producing such protest, to repay the said bill or bills, together days after with all interest and charges from the day such bill or bills were pro made, &c. tested; for which protest shall be paid a sum not exceeding the sum of

fourteen

As to protest and constructions on this statute, see ante, 311, 312, &c.

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sixpence and in default or neglect of such protest made and sent, or APPENDIX. due notice given within the days before limited, the person so falling or neglecting thereof, is and shall be liable to all costs, damages, and interest, which do and shall accrue thereby.

drawer to

ano

III. Provided nevertheless, that in case any such inland bill or bills Bill lost or of exchange shall happen to be lost or miscarried within the time be- miscarried, fore limited for the payment of the same, then the drawer of the said give bill or bills is and shall be obliged to give another bill or bills of the ther. same tenor with those first given, the person or persons to whom they are and shall be 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.

66

Statute 3 & 4 Anne, chap. 9. entitled, "An Act for giving like Reme-
dy 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.)

strued,

com

3

may

• WHEREAS it hath been held, That notes in writing, signed by See 1 Burr. the party who makes the same, whereby such party promises to 227. 325. pay This act unto any other person, or his order, any sum of money therein men(being for tioned, are not assignable or indorsable over, within the custom of the benefit merchants, to any other person; and that such person to whom the of sum of money mentioned in such note is payable, cannot maintain an merce)is liaction by the custom of merchants, against the person who first made berally conand signed the same; and that any person to whom such note should wils. 2 t 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 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 Promissory Excellent Majesty, by and with the advice and consent of the Lords note Spiritual and Temporal, and Commons, in this present Parliament asbe assigned or indorsed, sembled, and by the authority of the same, That all notes in writing, and action that after the first day of May, in the year of our Lord one thousand maintained seven hundred and five, shall be made and signed by any person or per- thereon, as sons, body politic or corporate, or by the servant or agent of any corpo-on ration, 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 persons, 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 corporate, to whom the same is made payable; and also every such note payable to any person or persons, body politic and corporate, his, her, or their or

b Ante, 312. 4 T. R. 170.

*As to lost bills and constructions on this clause, ante, 151, &c.

† See constructions on this statute as to promissory notes, antee, 324 to 331.

inland bills of ex

change.

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APPENDIX. der, 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 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 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 of the persons that indorsed the same, in like manner as in cases [ 527 any Plaintiff or of inland bills of exchange; and in every such action the plaintiff or defendant plaintiffs shall recover his, her, or their damages and costs of suit ; and may reco-if such 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.

ver costs.

How ac

II. And be it further enacted by the authority aforesaid, that all and tions shall every such actions shall be commenced, sued and brought within such be brought, 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, entitled, An Act for Limitation of Actions, and for avoiding of Suits in Law.'

31 Jac. 1. c. 16.

ing

Proviso

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III. Provided that no body politic or corporate shall have power, by against giv- virtue of this act, to issue or give out any notes, by themselves or their servants, other than such as they might have issued, if this act had never been made.

notes.

9 & 10 W. 3. c. 17.

IV. And whereas by an act of parliament made in the ninth year of the reign of his late Majesty King William the Third, entitled, Act for the better Payment of Inland Bills of Exchange, it is among other things enacted, that from and after presentation and acceptance of the said bill or bills of exchange (which acceptance shall be by the 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 be come 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 bill or bills, in case the party on whom the same are or shall he drawn, 'refuse to accept the same by under writing the same under his hand, all merchants and others do refuse to under write such bill or bills, ur 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 before, or for want of such acceptance by underwriting the same as aforesaid. For remedy whereof, be it enacted by the authority aforesaid, that from and after the first

sing to

day of May, which shall be in the year of our Lord one thousand seven APPENDIX. 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 Party refurefuse to accept the same, by underwriting the same as aforesaid, the underwrite party to whom the said bill or bills are made payable, his servant, agent bill or assigns, may and shall cause the said bill or bills to be protested for exchange, non-acceptance as in case of foreign bills of exchange; any thing in such the said act or any other law to the contrary notwithstanding; for which may be proprotest there shall be paid two shillings and no more.

tested

of

bill

non-accept

ance.

be

nor

the

V. Provided always, that from and after the said first day of May, No acceptno acceptance of any such inland bill of exchange shall be sufficient to ance of incharge any person whatsoever, unless the same be underwritten or in- land bills of dorsed in writing thereupon; and if such bill be not accepted by such exchange to underwriting, or indorsement, in writing, no drawer of any such cient, uninland bill shall be liable to pay any costs, damages, or interest there- less upon, unless such protest may be made for non-acceptance thereof; and same be unwithin fourteen days after such protest, the same may be sent or other- derwritten, wise notice thereof be given to the party from whom such bill was re-thereof liaceived, or left in writing at the place of his or her usual abode; and if ble to costs, such bill be accepted, and not paid before the expiration of three days &c. 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 thereupon 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 non-acceptance, or non-payment thereof, and notice thereof be sent, given, or left as aforesaid.

unless

be

VI. Provided, that no such protest shall be necessary, either for non- No protest acceptance or non-payment of any inland bill of exchange, unless the necessary value be acknowledged and expressed in such bill to be received, and bill unless such bill be drawn for the payment of twenty pounds sterling or drawn for upwards, and that the protest hereby required for non-acceptance, shall £20 or upbe made by such persons as are appointed by the said recited act to wards. protest inland bills of exchange for non-payment thereof.

made.

VII. And be it further enacted, that from and after the said first day[529] of May, if any person doth accept any such bill of exchange, for and in By whom satisfaction of any former debt, or sum of money formerly due unto protestshall him, the same shall be accounted and esteemed a full and complete Accept 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 endea- esteemed a vouring to get the same accepted and paid, and make his protest as full payaforesaid, either for non-acceptance or non-payment thereof.

ance of bill

ment of

debt.

VIII. Provided, that nothing herein contained shall extend to dis- Proviso. charge 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 Act to conshall continue and be in force for the space of three years, from the first tinue three day of May, and from thence to the end of the next session of parlia- years. ment, and no longer.

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

See Windle v. Andrews, 2 Stark. 425.

APPENDIX.

0000000000000000

SECT IX.

STATUTES RELATIVE TO SMALL NOTES AND BILLS
MADE OR NEGOTIATED IN ENGLAND.

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48 GEO. 3. c. 88. a. D. 1808.

An Act to restrain the Negotiation of Promissory Notes and Inland
Bills of Exchange, under a limited Sum in England.

"WHEREAS various notes, bills of exchange, and drafts for money for very small sums have for some time past been circulated or negotiated in lieu of cash, within that part of Great Britain called England, to the great prejudice of trade and public credit, and many of such bills and drafts being payable under certain terms and restrictions which the poorer sort of manufacturers, artificers, labourers, and [530] others cannot comply with, otherwise than by being subject to great ' extortion and abuse: And whereas an act, passed in the fifteenth 15 Geo. 3. year of the reign of His present Majesty, intituled, " An Act to res c. 51. re-train the Negotiation of Promissory Notes and Inland Bills of Expeated. 'change, under a limited Sum, within that part of Great Britain called England, for preventing the circulating such notes and drafts:" And whereas doubts have arisen as to the power of justices of the peace to hear and determine offences under the said act; and it is therefore 'expedient that more effectual provisions should be made for enforcing the provisions of the said act; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment assembled, and by the authority of the same, That from and after the passing of this act, the said recited act shall be and the same is hereby repealed.

Promissory

notes

ed void.

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II. And be it further enacted, That all promissory or other notes, for bills of exchange or drafts, or undertakings in writing, being negotiable less than or transferrable for the payment of any sum or sums of money, or any 20s. declar-orders, notes or undertaking in writing, being negotiable or transferrable for the delivery of any goods, specifying their value in money, less than the sum of twenty shillings in the whole, heretofore made or issued, or which shall hereafter be made or issued, shall, from and after the first day of October, one thousand eight hundred and eight, be and the same are hereby declared to be absolutely void and of no effect; any law, statute, usage or custom, to the contrary thereof in anywise not withstanding.

Penalty on III. And be it further enacted, That if any person or persons shall, persons ut-after the first day of July, one thousand eight hundred and eight, by tering such notes, 20s. any art, device, or means whatsoever, publish or utter any such notes, bills, drafts, or engagements as aforesaid, for a less sum than twenty

to £5.

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