may be pro other place. residence, and bills of exchange are to be payable in any place, not accepted, other than the place by him or them therein tested in such mentioned, to be the residence of the drawee or drawees thereof, and which shall not on the presentment for acceptance thereof be accepted, shall or may be without further presentment to the drawee or drawees protested for non-payment, in the place in which such bills of exchange shall have been by the drawer or drawers expressed to be payable, unless the amount owing upon such bills of exchange shall have been paid to the holder or holders thereof, on the day on which such bills of exchange would have become payable, had the same been duly accepted"". Acceptors for Honour, and By the act 6th and 7th William 4th, c. 58, sec. 1, after reciting that bills of exchange are case of need. occasionally accepted supra protest for honour, or have a reference thereon in case of need; it is enacted, "That it shall not be necessary to present such bills of exchange to such acceptors or acceptor for honour, or to such referees or referee, until the day following the day on which such bills of exchange shall become due; and that if the place of address on such bill of exchange, of such acceptors or acceptor for honour, or of such referees or referee, shall be in any city, town, or place, other than in the city, town, or place where such bill shall be therein made payable, then it shall not be necessary to forward such bill of exchange for presentment (1) Vide observations upon that Act in Chapter 4, p. 99. for payment to such acceptors or acceptor for Protest on honour, or referees or referee, until the day non-payment. following the day on which such bill of exchange shall become due.” other day of rest. And it enacts, by sec. 2, "That if the day Sunday, or following the day on which such bill of exchange shall become due, shall happen to be a Sunday, Good Friday, or Christmas Day, or a day appointed by his Majesty's proclamation for solemn Fast, or of Thanksgiving, then it shall not be necessary that such bill of exchange shall be presented for payment, or be forwarded for such presentment for payment, to such acceptors or acceptor for honour, or referees or referee, until the day following such Sunday, Good Friday, Christmas Day, or solemn Fast, or day of Thanksgiving." case of need. Before that act was passed, the Court of Referees in Exchequer held, that where a bill had a reference to Messrs. Spooner, Attwood and Co. bankers, in case of need, put upon it by an indorser, that the holder was not bound to present it at that house"); and as the act does not enact that such bills shall be presented to the referees in case of need, but merely enacts, that it shall not be necessary to present such bills to the acceptors for honour, or to such referees or referee, until the day following the day on which (1) Leonard v. Wilson, one of the public officers of the Bank of Liverpool, 2 Cromp. and Meeson, Rep. 589. Referees in case of need. Receipts Bills or Notes. they shall become due, it does not appear that it affects the decision of the Court of Exchequer, or that the holder is bound to present it to the referee in case of need. The general Stamp Act") contains an exempwritten upon tion from the stamp duty on receipts, written on bills of exchange and promissory notes, as follows; "Receipts or discharges written upon promissory notes, bills of exchange, drafts or orders for the payment of money, duly stamped according to the laws in force at the date thereof; or upon bills of exchange drawn out of but payable in Great Britain." Tender. The above clause of exemption is generally worded, and it is consequently considered to apply, to all cases of the receipt of the amount, or part of the amount, of any bill, or note, and whether paid by any party to it, or paid supra protest, by any person for the honour of any party to it(2). In case of a tender of the amount, it may be necessary to bear in mind, that the act 7th George 4th c. 46, sec. 15, which authorizes the Bank of England to establish branch banks at any place or places in England, enacts, that their notes, issued in such places, shall be payable in coin in such places, as well as in London, and also that (1) 55th Geo. III, c. 184, Schedule, title, Receipt. (2) Vide Chapter 4, p. 102, as to the Receipts commonly if not generally written upon Bills on payment Supra Protest. by the act 3rd and 4th William 4th, c. 98, sec. 6, Tender. bank notes are declared a legal tender for above Bank Notes. £5, so long as the Bank of England shall continue to pay on demand their notes in legal coin; but that no such notes shall be deemed a legal tender of payment by the governor and company of the Bank of England, or any of their branch banks: and that the said governor and company are not to be liable to pay at any branch bank, notes not specifically made payable at such branch bank; but the said governor and company shall be liable to pay and satisfy at the Bank of England, in London, all notes of the said governor and company, or of any branch thereof. By the act 56th George 3rd, c. 68, a legal Silver. tender cannot be made in silver coin of any sum exceeding forty shillings. It has been decided that in an action upon a bill of exchange, a plea by an acceptor, of a tender of the amount, made after the day of payment, and before the action was brought, is insufficient"); "The plea must state not only that the defendant. was ready to pay on the day of payment, but that he tendered it on that day". (1) Hume v. Peploe, 8 East, 168; Poole v. Tumbridge, 2 Meeson and Welsby, R. 223. (2) Per Parke, B. in Poole v. Tumbridge, 2 Meeson and Welsby, R. 223. CAP. VI. SHIP PROTESTS.-CERTIFICATES OF SURVEY.-PROTESTS RELATING TO VARIOUS MERCANTILE SUBJECTS. Ship Protests. On the arrival of a vessel at her port of destination, it is the custom for the master to cause Entry or an entry or note of a protest to be made, which is signed by him at the office of a notary; it is somewhat in the form of a notice from the master, and if correctly drawn up in that form, it does not require a stamp. It should contain some particulars of the voyage, such as the name of the vessel, and of the master, the port from whence she came, the time of her departure, the nature of her cargo, and the date of her arrival; the best mode, and one which is becoming general, is to have a printed book of registry, containing the formal parts of such entries, with proper blanks, in which the above-mentioned particulars are to be supplied. This ceremony is called noting a protest, or entering a note of a protest; and masters of vessels consider, that by usage it may be regularly done, at any time within forty-eight hours after arrival; it is, however, much more frequently done on the day of arrival, or on the next day. The same ceremony is also usually performed by a master of a vessel after any extraordinary accident or injury, if the vessel should be obliged to put into a port other than that of her destination, |