lue, as if it were paid, because he is still obliged for the Sum, at all Times, and in all Places.

15. The Acceptant of a Bill in Commiffion, drawn at Time on him, may, and he muft demand of the Drawer the accepted Bill, if the Drawer against the Time of Payment does call in the Bill again, and pay the Monies, and the Drawer is obliged to restore it, but he muft, before he parts with it, clearly and expressly write upon it, that he himself called in the Bill, and fatisfied it, and tear, or cut it through with a Knife, for a Token of its being made void; and the Drawer is obliged to allow the Acceptant at least half Provifion.

16. When a Factor is drawn upon to fatisfy a Bill out of the Effects or Goods that he hath in his Hands to difpofe of, then he is always (whatever happens) preferred to thofe Goods, and muft have his Difbursements out of them, before any other Creditors can lay Claim thereto.

17. If any Perfon be drawn upon in Commiffion, and there is afterwards found a Difference in their Accounts, as to the Sums, and Quantities drawn, the Acceptant is obliged to prove his Account, by producing the Bills; no other Evidence, for many Reasons, being a fufficient Proof.

IT

SECT. XVII.

Of being remitted to in Commiffion.

T is the Duty of him to whom a Bill is remitted, to endeavour to get or procure Acceptance. 2. On Refufal, to proteft, if not forbidden, though not exprefsly ordered. 3. To ad

vife the Remitter of the Receipt, Acceptance, or protesting thereof, and to fend the Proteft to him. And lastly, to advise any other third Perfon that is or may be concerned in it; and all this must be done, without fail, by the next Return of the Post.

2. He that hath Bills remitted to him for Account of a third Perfon, or to be at the Disposal of a third Person, cannot place the said Bills to his own, nor to the Remitter's Account, nor to any other's Account, but is obliged to obferve the Order of him only, for whofe Account it is, and at whose Disposal the faid Monies and Bills were ordered, and remitted to him.

3. If a Bill remitted for the Account, or to be at the Difpofal of a third Perfon, be endorsed, or made payable at firft to the Receiver thereof, or to his Order, he that receives the Bill (if he hath advised the Perfon for whofe Account, or at whofe Difpofal it must be, that he hath received fuch a Bill for his Account, or to be at his Difpofal) cannot revoke his Word, to pleasure the Remitter, but must wait for the Order of the faid third Perfon; but if he has not writ nor advised the faid third Perfon thereof, then he may, at the Request of the Remitter, or the Remitter at the Requeft of the Poffeffor, observe the last Order, or wait for further Orders.

4. When a Perfon has Monies remitted to him. in Commiffion, and the Principal orders the faid Monies to be remitted to fome other Place further, or to difpofe thereof some other Ways, if the Party the Money is remitted to omits these Orders, or neglects them, and detains the Money

by him, he is obliged to make good to his Principal all the Lofs and Damages that the Principal can make appear that he has fuftained, by his Factor's not obferving his Order, nor effecting his Commiffion.

5. If any Perfon has Bills remitted to him to be endorsed, and drawn in from other Places, and the Principal either limits the Price at which he would have them re-valued, or orders them to be sent back, if he cannot negociate them at the limited Price; he does then very unwifely, if he fends the said Bills back in Blank, or endorsed, payable to the Principal's Orders; because if the Bills were returned with Proteft, he would make himfelf liable to answer for them. But to free himself from the Fear of this Trouble and Lofs, if the Bills be made payable, or endorsed to the Order of his Principal, and the Principal endorfes them payable to his (the Factor's) Order, the Factor may blot or fcrape out that Order, and make it not legible, and fo fend the Bills back again. But then again, if the Bills be originally made payable to the Order of him to whom they are remitted to the Value of the Remitter, and this can no ways be altered; then it is adviseable for him to write on the Back of the Bill, the Contents and Value was not paid to his Order, but to a later Order of the Remitter's, and is yet to be paid.

6. When any Perfon receives a Remittance for Account of another Person, and the Bill is not accepted, or if accepted, not paid in Time, but protested; then the Party it was remitted to, if he hath Occasion for Monies for the Principal's Account, may value the Sum on the Remitter,

when

when he returns the Protefts and Bills together, with the Brokerage, Provifion, and Charges for the Principal's Account, he giving the Perfon he draws on punctual Advice of the fame.

7. When a Perfon has Monies remitted to him in divers Bills, for divers Accounts, for one more, for another lefs, and reckoning the Sum Total of all the Bills, and not advifing which Bill was for this Man's Account, which was for that, and which was for a third Perfon's Account; then in cafe one of these Remittances should be protested for Non-payment, the Poffeffor thereof may, at his best Conveniency, re-value the fame on the Remitter; and if he can't get Satisfaction there, the Lofs will fall upon all the Bills for whofe Account the Remittances were made, and every one must bear a Proportion of the Lofs, pro rato, of the Sum he was to have of thofe Remittances; and if the Remitter stood Surety for any, he muft fuffer Lofs, pro rato, with the rest.

8. If a Perfon has Remittances made to him for Draughts that were formerly drawn on him, and fall due before the faid Remittances do, and fo come too late to be of Servive to the Acceptor in fatisfying thofe Draughts; then he may, if he pleases, reckon Intereft for the Disburse of his Monies for the Time at 5 per Cent. per Annum, reckoning one Month if the Time be above 15 Days, and half a Month if it be less than 15 Days; but if it does not fuit his Conveniency to part with his Money, he may, against the Time the Draught falls due, value the Sum on the Remitter, and keep the Product of his Remittance till further Orders: But in doing thus, it will give

H 3

give but little Satisfaction or Content to the Drawer, nor will be much for the Credit of the other.

9. If a Poffeffor in Commiffion does not protest in due Time and Form, either for Non-acceptance or Non-payment, the Poffeffor himself will be liable to make good to the Remitter, or to him for whofe Account it was, the Re-exchange and Charges, the Acceptor being obliged for no more than the Sum the Bill is for, and the Drawer, ipfo facto, is discharged.

SECT.

XVIII.

Of remitting in Commiffion, and being Surety.

1. HE

E that remits in Commiffion, does either remit for the Account of him to whom he remits, or for a third Perfon, and he either ftands Surety, or not, for the Remittances.

2. A Remitter in Commiffion must take special Care that he orders the Bills to be made payable to whom his Principal gives Orders; and if he lets the Bills be made payable to his own Order, he muft not forget to endorse them to his Principal's Order, before he fends them away.

3. If a Remitter in Commiffion hath ordered the Bills to be made payable, either directly to the Principal, or to his Order, or to any other, &c. he may, if he thinks fit, before he hath fent them away, or parted with them out of his own Hands, caufe them to be altered, and may make them payable to any other.

4. When a Remitter in Commiffion hath fent his Bill to a third Perfon, by the Order of his

Principal,

1