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 nonpayment; 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, or 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 payment.

SECT. II. 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, or 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 witThe evidence to be adduced by the defendant is also considered.

nesses.

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 re

coverable.

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

In the seventh chapter the whole law relative to the effect of bankruptcy on the holder of a bill, &c. is fully considered.

In the APPENDIX are to be found a few of the forms of such affidavits, declarations on promissory notes, checks on bankers, and on inland and foreign bills, as usually occur in practice. Other forms will be found in the third volume of the Treatise on Pleading. The forms of notices and of judgments on bills, &c. on a reference to the master to compute principal and interest, a list of notaries' fees, the statutes relating to bills of exchange and promissory notes in general, and those relating to small bills and notes, and the stamps on bills and notes, &c. and relating to usury, and an interest table, are also inserted.

Considering the comparative simplicity of declarations on

bills of exchange and promissory notes, and the numberless actions upon these securities, they are very often incorrect, and nonsuits frequently occur, either from the insertion of unnecessary allegations, or from the omission of second counts, which it may be expedient to insert; therefore, in this edition, the appendix of forms has been considerably enlarged, and notes to each part are given, pointing out what allegations are necessary or advisable, together with the cases in which it may be proper to insert more than one count on each bill, &c.

TEMPLE, January, 1st, 1822.