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ON THE

OFFICE

AND PRACTICE

OF

A NOTARY OF ENGLAND,

AS CONNECTED WITH MERCANTILE INSTRUMENTS,

AND ON

THE LAW MERCHANT, AND STATUTES,

RELATIVE TO THE PRESENTMENT, ACCEPTANCE, AND DISHONOUR OF

BILLS OF EXCHANGE, &c.

AND TO

VARIOUS DOCUMENTS RELATING TO SHIPPING:

WITH

A FULL COLLECTION OF PRECEDENTS,

BY

RICHARD BROOKE,

SOLICITOR AND NOTARY;

ONE OF THE COMMISSIONERS OF BANKRUPT FOR THE DISTRICT OF
LIVERPOOL, AND A COMMISSIONER FOR BAIL OF THE

HIGH COURT OF ADMIRALTY OF ENGLAND.

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS, 43, FLEET-STREET.

1838.

[merged small][graphic][subsumed]

ΤΟ

THE RIGHT WORSHIPFUL

JOHN NICHOLL,

DOCTOR OF LAWS, COMMISSARY,

OR

MASTER OF THE COURT OF FACULTIES,

BY VIRTUE OF WHICH OFFICE, HE HAS THE SUPERINTENDENCE OVER THE

ADMISSION, AND PRACTICE OF THE NOTARIES OF ENGLAND,

AND IS

ND 187

THE NATURAL PROTECTOR OF THEIR RIGHTS AND PRIVILEGES;

This Treatise

IS, BY HIS PERMISSION, DEDICATED, AS A TRIBUTE OF

RESPECT AND ADMIRATION,

FOR HIS TALENTS IN DISCHARGING HIS OFFICIAL DUTIES,

AND FOR THE COURTESY AND KINDNESS OF MANNER,

REPEATEDLY EXPERIENCED FROM HIM BY

THE AUTHOR.

PREFACE.

THE prodigious extent, of the commerce of the United Kingdom, and its rapid increase since the commencement of the present century, are owing, under Divine Providence, principally to the enterprise, integrity, and skill of British merchants; and from the variety and extensive nature of their transactions, it is obvious that questions must often come before the English Courts of Law, connected with the usages which they have adopted for the well conducting of their trade and mercantile business, and from that circumstance recognised in our Courts, by the designation of the Law Merchant.

The rules to be observed, respecting the presentment and dishonour of bills of exchange, and the general practice of a notary of England, both as connected with those, and other instruments of a mercantile nature, are in accordance with, and are governed by usage and by the Law Merchant, except in one or two rare instances, in which there have been legislative enactments; yet whenever any mercantile question arises in

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