A Treatise 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 PrecedentsSaunders and Benning, 1838 - 539 pages |
From inside the book
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Page 21
... plaintiff , if he or she shall recover any penalty or penalties , shall recover the same for his or her own use , with full costs of suit . ( 3 ) That all actions brought for any thing done in pursuance of the act , shall be commenced ...
... plaintiff , if he or she shall recover any penalty or penalties , shall recover the same for his or her own use , with full costs of suit . ( 3 ) That all actions brought for any thing done in pursuance of the act , shall be commenced ...
Page 43
... plaintiff purchased a bill drawn by the defendant upon a person at Rio de Janeiro , ( 1 ) Per Gibbs , C. J. in Goupy v . Harden , 7 Taunt . 159 , and see Fry v . Hill , 7 Taunt . 397 , and per Buller , J. in Muilman v . D'Eguino , 2 Hen ...
... plaintiff purchased a bill drawn by the defendant upon a person at Rio de Janeiro , ( 1 ) Per Gibbs , C. J. in Goupy v . Harden , 7 Taunt . 159 , and see Fry v . Hill , 7 Taunt . 397 , and per Buller , J. in Muilman v . D'Eguino , 2 Hen ...
Page 44
... plaintiff kept the bill nearly five months , and then sold it again ; and the drawee having failed , the plaintiff sued the drawer , and the jury having found a verdict for the plaintiff , the Court refused to disturb it . In Shute and ...
... plaintiff kept the bill nearly five months , and then sold it again ; and the drawee having failed , the plaintiff sued the drawer , and the jury having found a verdict for the plaintiff , the Court refused to disturb it . In Shute and ...
Page 45
... plaintiff at ninety days after sight . The captain then proceeded with the vessel to Quebec , and remained some time there , and it was not shown , though it was suggested , that he carried the bills with him round by Quebec , and ...
... plaintiff at ninety days after sight . The captain then proceeded with the vessel to Quebec , and remained some time there , and it was not shown , though it was suggested , that he carried the bills with him round by Quebec , and ...
Page 47
... plaintiff called a witness to prove that he had gone to a house represented to be that of the drawee , who was a tanner , in Bristol , and had presented it to a person in a tan - yard there , but it did not appear that he had inquired ...
... plaintiff called a witness to prove that he had gone to a house represented to be that of the drawee , who was a tanner , in Bristol , and had presented it to a person in a tan - yard there , but it did not appear that he had inquired ...
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Common terms and phrases
acceptance supra protest acceptor for honour act of honour action admitted affidavit aforesaid agents annexed appear Articles of Clerkship attestation bankers Barn Bayley on Bills become due bill of lading bill or note bills of exchange bottomry bond calendar months cargo charterparty clerk consignee copy Court of Faculties declaration defendant demurrage discharge dishonoured drawee drawee's drawn duly enacted England execution executors expences foreign bill freight freighters George hereby hereunto holder indorser inland bills instrument law merchant liable lien Liverpool London Lord Ellenborough Lord one thousand master ment mentioned merchant necessary notarial act NOTARIAL CERTIFICATE notary's oath owners parties payable person plaintiff port power of attorney practice presentment for payment promissory notes public notary R. B. Notary Public refused residing respect seal ship or vessel Ship Protest stamp duty statute sworn term thereof thousand eight hundred unto voyage witnesses
Popular passages
Page 64 - An Act for the more effectual Abolition of Oaths and Affirmations, taken and made in various departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial Oaths and Affidavits"; and to make other provisions for the abolition of unnecessary Oaths. [9th September, 1835.]
Page 323 - of the reign of his late Majesty, intituled, " An Act to repeal an act of the present session of Parliament, intituled, an Act for the more effectual abolition of oaths and affirmations taken and made in various departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary
Page 283 - executors, administrators, or assigns, for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, and also the said ship or vessel, her tackle, apparel, and furniture, and the freight to be earned by her on the voyage after mentioned, firmly by these presents, sealed with my
Page 242 - more effectual abolition of oaths and affirmations, taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.
Page 241 - that the foregoing statement is correct, and contains a true account of the facts and circumstances, and we make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an act made and passed in the sixth year of the
Page 74 - I, AB, do solemnly and sincerely declare, That and I make this solemn Declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the year of the reign of his present Majesty, intituled, An Act [here
Page 9 - for offences committed against this act, shall and may be sued for and recovered in any of his Majesty's Courts of Record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, protection, privilege, wager of law, or more than one imparlance shall be allowed, and wherein the plaintiff
Page 9 - suit shall be brought or commenced for any thing done in pursuance of this act, every such action or suit shall be commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and tried in the county wherein the cause of action shall have
Page 10 - further enacted, That this act shall be deemed, adjudged, and taken to be a publick act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.
Page 284 - aforesaid, and the said master, AB hath taken up the same on the hazard and adventure aforesaid. Now the condition of the above obligation is such, that if the said ship or vessel do and shall, with all reasonable and convenient speed, sail from the port of aforesaid, on the said intended voyage to