APPENDIX. Statute 3 & 4 Anne, Chap. 9. intituled, "An Act for giving like "Remedy upon Promissory Notes, as now used upon Bills of « Exchange, and for the better payment of Inland Bills of Ex"change."-(Made perpetual by 7 Anne, c. 25. s. 3.") See 1 Burr. 227. 325. This act (being for the benefit of commerce) is liberally construed, S Wils. 2.* Promissory note may be 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 6 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, 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 assigned or Queen's Most Excellent Majesty, by and with the advice and eonindorsed, and sent of the Lords Spiritual and Temporal, and Commons, in this tained there present Parliament assembled, and by the authority of the same, on, as on in- 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 politie 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, whereby such person or persons, body politic and corporate, his, her, or their servant or agent as aforesaid, doth or shall promise to pay to any other person or persons, body politie 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 po action main land bills of exchange. * See constructions on this statute as to promissory notes, ante, 414 to 423. litic and corporate, to whom the same is made payable; and also APPENDIX, 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, according 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 any 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 indorsed the same, in like manner as in cases of inland bills of exchange; and in every such Plaintiff or action the plaintiff or plaintiff's shall recover his, her, or their defendant damages and costs of suit; and if such plaintiff or plaintiffs shall may recover be nonsuited, or a verdict be given against him, her, or them, the defendant or 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. costs. shall be II. And be it further enacted by the authority aforesaid, that How actions all and every such actions shall be commenced, sued and brought brought, 21 within such time as is appointed for commencing or suing actions Jac. 1. c. 16. upon the ease, by the statute made in the one and twentieth year of the reign of King James the first, intituled, An Act for Limitation of Actions, and for avoiding of Suits in Law.' III. Provided, That no body politic or corporate shall have proviso power, by virtue of this act, to issue or give out any notes, by against giv ing out notes. themselves or their servants, other than such as they might have issued, if this act had never been made. • IV. And whereas by an act of parliament made in the ninth 9 & 10 W. 3, year of the reign of his late Majesty King William the Third, 'intituled, An Act for the better payment of Inland Bills of Ex change, it is among other things enacted, that from and after c. 17. APPENDIX. 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 shalt become due, the party to whom the said bill or bills are made payable, his servant, agent, or assigns, may and shall cause the same bill or bills to be pro'tested in manner as in the said act is enacted: And whereas by there being no provision made therein for protesting such bill or bills, in case the party on whom the same are or shall be drawn, • refuse to accept the same by underwriting the same under his hand, all merchants and others do refuse to underwrite sach bill or bills, or make any other than a promissory acceptance, by which means the effect and good intent of the said act in that behalf is wholly evaded, and no bill or bills can be protested before, or for want of such acceptance by under writing the same as aforesaid.' For remedy whereof, be it enacted by the Party refus- authority aforesaid, that from and after the first day of May, ing to under which shall be in the year of our Lord one thousand seven hunexchange, dred and five, in ease, upon presenting of any such bill or bills of such bill may exchange, the party or parties on whom the same shall be drawa, shall refuse to accept the same, by, underwriting the same as aforesaid, 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 for non-acceptance as in case of fo reign bills of exchange; any thing in the said act or any other law to the contrary notwithstanding; for which protest there shall be paid two shillings and no more. write bill of be protested for non-acceptance. No acceptance of in. same be un derwritten, nor drawer ble to costs, 6 V. Provided always, that from and after the said first day of land bills of May, no acceptance of any such inland bill of exchange shall be exchange to sufficient to charge any person whatsoever, unless the same be be sufficient, underwritten or indorsed in writing thereupon; and if such bill be unless the not accepted by such underwriting, or indorsement in writing, no drawer of any such inland bill shall be liable to pay any costs, thereof lia damages, or interest thereupon, unless such protest may be made for non-acceptance thereof; and within fourteen days after such protest, the same be sent or otherwise notice thereof be given to the party from whom such bill was received, or left in writing at the place of his or her usual abode; and if such bill be accepted, and not paid before the expiration of three days after the said bill shall become due and payable, then no drawer of such bill shall be compellable to pay any costs, damages or interest thereupon, &c. unless a protest be made and sent, or notice thereof be given, in APPENDIX. manner and form above-mentioned: Nevertheless, every drawer of such bill shall be liable to make payment of costs, damages, and interest upon such inland bill, if any one protest be made of non-acceptance, or non-payment thereof, and notice thereof be sent, given, or left as aforesaid. necessary un 120 or up VI. Provided, that no such protest shall be necessary, either No protest for non-acceptance or non-payment of any inland bill of exchange less the bill unless the value be acknowledged and expressed in such bill to be drawn for be received, and unless such bill be drawn for the payment of wards, twenty pounds sterling or upwards, and that the protest hereby required for non-acceptance, shall be made by such persons as are appointed by the said recited act to protest inland bills of exchange for non-payment thereof. VII. And be it further enacted, That from and after the said By whom first day of May, if any persons doth accept any such bill of ex- be made. protest shall change, for and in satisfaction of any former debt, or sum of money formerly due unto him, the same shall be accounted and Acceptance of bill esteemesteemed a full and complete payment of such debt, if such per- ed a full payson accepting of any such bill for his debt, doth not take his due ment of debt. course to obtain payment thereof, by endeavouring to get the same accepted and paid, and make his protest as aforesaid, ei ther for non-acceptance, or non-payment thereof. VIII. Provided, that nothing herein contained shall extend to Proviso. discharge any remedy, that any person may have against the drawer, acceptor, or indorser of such bill. tinue three years, IX. And be it further enacted by the authority aforesaid, that Act to conthis act shall continue and be in force for the space of three years, from the first day of May, and from thence to the end of the next session of parliament, and no longer. [Made perpetual by 7 Anne, c. 25. s. 3.] APPENDIX. SECT. XI. STATUTES RELATIVE TO SMALL NOTES AND BILLS MADE OR NE- 15 Geo. 3. c. 48 GEO. 3. c. 88. a. D. 1808. An Act to restrain the Negotiation of Promissory Notes and Inland Bills of Exchange, under a limited Sum, in England. ‹ WHEREAS various notes, bills of exchange, and drafts for " money for very small sums have for some time past been cirea 'lated or negotiated in lieu of cash, within that part of Great Britain called England, to the great prejudice of trade and public credit, and many of such bills and drafts being payable ‹ under certain terms and restrictions which the poorer sort of 'manufacturers, artificers, labourers, and others cannot comply with, otherwise than by being subject to great extortion and • abuse: And whereas an act, passed in the fifteenth year of the 51. repealed. reign of His present Majesty, intituled, “An Act to restrain 'the Negotiation of Promissory Notes and Inland Bills of Exchange, under a limited Sum, within that part of Great Britain called England, for preventing the circulating such notes and 'drafts: And whereas doubts have arisen as to the power of jas'tices of the peace to hear and determine offences under the said act; and it is therefore expedient that more effectual provisions should be made for enforcing the provisions of the said aet" 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 from and after the pas. sing of this act, the said recited act shall be and the same is hereby repealed. Promissory notes for less II. And be it further enacted, That all promissory or other than 20s. de- potes, bills of exchange or drafts, or undertakings in writing, clared void. being negotiable or transferable for the payment of any sum of sums of money, or any orders, notes or undertakings in writing, being negotiable or transferable for the delivery of any goods, specifying their value in money, less than the sum of twenty |