Observations and Opinions. OPINION OF DR. LUSHINGTON, RESPECTING CASE. F. R. is an attorney-at-law, practising at with an office and the customary establishment of clerks there. A. B. is a young man, articled as a clerk to him, in the usual form, for a term of five years, with a view to admission, at the end of the term, as an attorney. A. B. wishes also to be admitted as a public notary, and with that intent is also articled as a clerk to G. D. B. a notary, practising at for a term of seven years; but as the latter articles were only executed to enable him to obtain a notarial faculty, and as A. B. is not expected to give active service under them, he of course, is not employed in the office of G. D. B. and on the contrary, writes and works, in the usual way of attornies' clerks, at the desk and in the office of F. R. G. D. B. contends, however, that such service is good and valid, because he occasionally employs A. B. to prepare or copy notarial documents. 1st. You are requested to advise, whether such service to G. D. B. is good and available towards the admission of A. B. as a notary, your attention being drawn to the Statute 41st Geo. III, c. 79, secs. 2 and 7. 2nd. And in case you are of opinion that such ser vice is merely colourable and unavailable, then to advise whether, if G. D. B. should, at the end of Observations the term, sign the usual certificate (required by expose him to reprehension and punishment by I am of opinion, that the act requires a bonâ-fide service to a notary public for seven years, and that the service of A. B. to G. D. B. is insufficient to entitle A. B. to be admitted a notary. (1) I also think that G. D. B. if he signs the usual certificate on such a service, will expose himself to reprehension and punishment, should his conduct be made known in proper form, to the Master of the Faculties. STEPHEN LUSHINGTON. Doctors' Commons, April 11, 1823. (1) The correctness and soundness of the above opinion have been since proved by the decision in the case of the King v. the Scriveners' Company, 10 Barn. and Cress. 511. 1st. 2nd. BILL, SUGGESTED TO BE BROUGHT BEFORE PARLIAMENT DAY FOR THE PRESENTMENT OF BILLS OF EXCHANGE AND PROMISSORY NOTES FOR An Act for declaring the Law, in relation to the Time of Bill suggested WHEREAS it is expedient, for the benefit of commerce and relating to the Time of Day the prevention of doubts and litigation, to make provision for the present ment of Bills in relation to the time of day when bills of exchange and and Notes for payment. promissory notes may be presented for payment; Be it therefore 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 (1) It appears to be only proper that the Acceptor of a Bill, or the maker of a Promissory Note, should be prepared with funds to provide for the Bill or Note at any reasonable hour when the Holder may send for payment, in the common course of business, on the day on which it becomes payable; and it appears very unreasonable that the Holder should ever be expected to send repeatedly, perhaps at much inconvenience to himself, for payment of it. Lord Kenyon, in Leftley v. Mills, 4 Term Rep. 179, expressed himself as if he thought that the Acceptor of a Bill had until the last moment of the day of grace to pay the Bill. It does not appear that in practice, such a suggested right is claimed in this country; indeed it would be prejudicial to the credit of the Acceptor to attempt it, besides being injurious to commerce if it could be established, because it would often deprive the Holder of the opportunity of sending off advices or the protest by the next packet. The Author never knew an instance of such a right being pretended by any Acceptor, and it appears very probable that the Courts, if the case came before them, would decide against it; however, if any doubts exist on the point, it is submitted that a short Act of Parliament, if passed to the effect of the above form, would be expedient and useful to obviate them. and Notes for payment. assembled, and by the authority of the same; That from Bill suggested relating to the and after the passing of this act it shall be lawful for the Time of Day for the presentholder or holders, bearer or bearers of all bills of exchange ment of Bills or promissory notes, or for his, her or their agent or agents, to present or cause such bills of exchange or promissory notes to be presented for payment at any reasonable time during the day on which the same shall be payable; and that it shall be lawful for any public notary, duly admitted and practising, at the request of, or on behalf of such holder or holders, bearer or bearers, agent or agents, to present or cause to be presented, at any reasonable time during such day, such bills of exchange or promissory notes for payment; and that it shall be lawful for such public notary, after refusal or default made in payment of such bills of exchange or promissory notes, to note or protest the same on non-payment; and that in default of such public notary, duly admitted and practising, and able and willing to act in the premises as aforesaid, it shall be lawful for any other substantial person of the city, town or place to act in the premises as aforesaid, and to protest such bills of exchange or promissory notes in the presence of two credible witnesses, and that every such last-mentioned protest, so made as aforesaid, shall have the same effect and operation at law as if such protest had been made or solemnized by any public notary. |