[*472]

city, to be regulated agreeably 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 of the said city, the sum of two shillings and sixpence; and without the walls of the said city, the sum of three shillings and sixpence (provided the same be only registered in the notary's book); and so in proportion, according to the distance, to be regulated agreeably to the charge of noting bills.

Sixth. For every copy of bill paid in part, and a receipt at foot of such copy, shall be charged two shillings; and so in proportion for every additional bill so copied (exclusive of the receipt stamp).

Seventh. For every duplicate protest of one bill (including four shillings for the duty) shall be charged the sum of seven shillings and sixpence, and so in like proportion of three shillings and sixpence (exclusive of the duty) for every additional bill.

Eighth. For every folio of ninety words, translated from the French, Dutch, or Flemish, into English, or from the English into French, Dutch, or Flemish, two shillings for each such folio; and from Italian, Spanish, Portuguese, German, Danish, and Swedish, one shilling and ninepence per folio of ninety words; and from Latin, two shillings and sixpence per folio; and for attesting the same to be a true translation, if necessary, seven shillings and sixpence, exclusive of fees and stamps.

Ninth. That all attestations to letters of attorney, affidavits, etc., at the request of any gentleman in the law, shall be charged seven shillings and sixpence, exclusive of fees, stamps, and attendance.

Tenth. For every city seal shall be charged one guinea, for one deponent, exclusive of attendance and exemplification; and if more than one deponent, ten shillings and sixpence for each additional affidavit.

Eleventh. For all notarial copies shall be charged sixpence per folio of seventy-two words, exclusive of attestation, stamps, etc.

APPENDIX II.

STATUTES.

[9 & 10 Will. 3, c. 17.]

An Act for the better Payment of Inland Bills of Exchange.

"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 kingdom:" 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 the commons, in this present parliament assembled, and by the authority of the same, That from and after the four and twentieth day of June next, which shall be in the year one thousand six hundred and ninety-eight, all and every bill or bills of exchange drawn in, or dated at and from, any trading city or town, or any other place in the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, of the sum of five pounds sterling or upwards, upon any person or persons of or in London, or any other trading city, town, or any other place (in which said bill or bills of exchange shall be acknowledged and expressed the said value to be received), and is and shall be drawn payable at a certain number of days, weeks, or months after date thereof, that from and after presentation and acceptance of the said bill or bills of exchange (which acceptance shall be by 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 become due, the party to whom the said bill or bills are made payable, his servant, agent, or assigns, may and shall cause the said bill or bills to be protested by a notary public, and in default of such notary public by any other substantial person of the city, town, or place, in the presence of two or more credible witnesses, refusal or neglect being first made of due payment of the same: which protest shall be made and written under a fair written copy of the said bill of exchange, in the words or form following:

Know all men, that I, A. B., on the place of abode of the said

day of

at the usual have demanded payment of the bill, of did not pay, whereDated this

the which the above is the copy, which the said fore I the said

do hereby protest the said bill.

day of

*II. Which protest so made as aforesaid shall, within fourteen [*474] days after making thereof, be sent, or otherwise due notice shall be given thereof, to the party from whom the said bill or bills were received, who is, upon producing such protest, to repay the said bill or bills, together with all interest and charges from the day such bill or bills were protested; for which protest shall be paid a sum not exceeding the sum of sixpence ; and in default or neglect of such protest made and sent, or due notice given within the days before limited, the person so failing or neglecting thereof is and shall be liable to all costs, damages, and interest, which do and shall accrue thereby.

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

[3 & 4 Anne, c. 9, s. 1.]

An Act for giving like Remedy upon Promissory Notes as is now used upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange.

"Whereas it hath been held that notes in writing signed by the party who makes the same, whereby such party promises to pay unto any other person, or his order, any sum of money therein mentioned, are not assignable or indorsable over, within the custom of merchants, to any other person, and that such person to whom the sum of money mentioned in such note is payable cannot maintain an action by the custom of merchants, against the person who first made and signed the same; and that any person to whom such note should be assigned, signed, 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 excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That all notes in writing that,

after the first day of May, in the year of our Lord one thousand seven hundred and five, shall be made and signed by any person or persons, body politic or corporate, or by the servant or agent of any corporation, banker, goldsmith, merchant, or trader, who is usually *intrusted by him, her, or them, to sign such promissory notes for him, her, or them, [*475] whereby such person or persons, body politic or 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 order, shall be assignable or indorsable over in the same manner as inland bills of exchange are or may be, accordding to the custom of merchants; and that 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 an 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 that 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 any of the persons that indorse the same, in like manner as in cases of inland bills of exchange. And, in every such action, the plaintiff or plaintiffs shall recover his, her, or their damages and costs of suit; and, if such plaintiff or plaintiffs shall be non-suited, or a verdict be given against him, her, or them, the defendant or the 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.

[17 Geo. 3, c. 30, ss. 1, 2, 4, made perpetual by 27 Geo. 3, c. 16; repealed temporarily by 26 & 27 Vict. c. 105; repeal continued by 34 & 35 Vict. c. 95, by 36 & 37 Vict. c. 75, by 38 & 39 Vict. c. 72, and by 41 & 42 Vict. c. 70, till 31st December, 1879.]

An Act for further restraining the Negotiation of Promissory Notes and Inland Bills of Exchange, under a limited Sum, within that Part of Great Britain called England.

"Whereas by a certain act of parliament, passed in the fifteenth year of the reign of his present majesty (intituled 'An Act to restrain the Negotiation of Promissory Notes and Inland *Bills of Exchange, under [*476] a limited Sum, within that part of Great Britain called England'), all negotiable promissory or other notes, bills of exchange or drafts, or undertakings in writing, for any sum of money less than the sum of twenty shillings in the whole, and issued after the twenty-fourth day of June, one thousand seven hundred and seventy-five, were made void, and the publishing or uttering and negotiating of any such notes, bills, drafts or undertakings, for a less sum than twenty shillings, or on which less than that sum should be due, was by the said act restrained, under certain penalties or forfeitures therein mentioned; and all such notes, bills of exchange, drafts or undertakings in writing, as had issued before the said twenty-fourth day of June, were made payable upon demand, and were directed to be recovered in such manner as is therein also mentioned; and whereas the said act hath been attended with very salutary effects, and, in case the provisions therein contained were extended to a further sum (but yet without prejudice to the convenience arising to the public from the negotiation of promissory notes and inland bills of exchange, for the remittance of money in discharge of any balance of account or other debt), the good purposes of the said act would be further advanced:" 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 parliament assembled, and by the authority of the same, That all promissory or other notes, bills of exchange, or drafts or undertakings in writing, being negotiable or transferable, for the payment of twenty shillings, or any sum of money above that sum, and less than five pounds, or on which twenty shillings or above that sum, and less than five pounds, shall remain undischarged, and which shall be issued within that part of Great Britain called England, at any time after the first day of January, one thousand seven hundred and seventy-eight, shall specify the names and places of abode of the persons respectively to whom, or to whose order, the same shall be made payable; and shall bear date before or at the time of drawing or issuing thereof, and not on any day subsequent thereto; and