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201.

301.
501.

PROMISSORY NOTE-continued.
Exceeding 51.5s. and not exceeding
Exceeding 201. and not exceeding
Exceeding 301. and not exceeding
Exceeding 501. and not exceeding 1001.
Exceeding 1001. and not exceeding 200l.
Exceeding 2001. and not exceeding 3001.
Exceeding 3001. and not exceeding 5001.
Exceeding 5001. and not exceeding 1000l.
Exceeding 10001. and not exceeding 2000.
and not exceeding 3000l.

Exceeding 20001.

Exceeding 30002.

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These notes are not to be re-issued after being

once paid.

Duty. £ s. d. 20

0 2 6 036

0

6 0
6

0 12
0 15 0
1 5 0

1 10 0

PROMISSORY NOTE for the pay- (The same duty as on a
ment of any sum of money by promissory note, pay-
instalments, or for the payment of able in less than two
several sums of money at different months after date for
days or times, so that the whole of
a sum equal to the
the money to be paid shall be defi- whole amount of the
nite and certain
money to be paid.
And the following instruments shall be deemed
and taken to be promissory notes, within the
intent and meaning of this schedule; viz.
All notes, promising the payment of any sum or
sums of money out of any particular fund,
which may or may not be available; or upon
any condition or contingency, which may or
may not be performed or happen; if the same
shall be made payable to the bearer, or to
order, and if the same shall be definite and
certain, and not amount in the whole to
twenty pounds.

And all receipts for money deposited in any
bank, or in the hands of any banker or bankers,
which shall contain any agreement or memo-
randum, importing that interest shall be paid
for the money so deposited.

Exemptions from the duties on promissory notes. All notes, promising the payment of any sum or sums of money out of any particular fund, which may or may not be available; or upon any condition or contingency, which may or may not be performed or happen; where the same shall not be made payable to the bearer or to order, and also where the same shall be made payable to the bearer or to order, if the

PROMISSORY NOTE-continued.

same shall amount to twenty pounds or be

indefinite.
And all other instruments, bearing in any degree
the form or style of promissory notes, but
which in law shall be deemed special agree-
ments, except those hereby expressly directed
to be deemed promissory notes.

But such of the notes and instruments, here
exempted from the duty on promissory notes
shall nevertheless be liable to the duty which
may attach thereon, as agreements or other-

wise.

Duty. £ s. d.

Exemptions from the preceding and all other Stamp Duties.

All promissory notes for the payment of money,

issued by the governor and company of the
bank of England.

PROTEST of any bill of exchange or promissory

note, for any sum of money,

Not amounting to 201.

0

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Amounting to 201. and not amounting to 1001. 0
Amounting to 100l. and not amounting to 500l. O
Amounting to 5001. or upwards

PROTEST of any other kind

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And for every sheet or piece of paper, parchment
or vellum, upon which the same shall be
written, after the first, a further progressive
duty of

23504

0 10 0

0 5 0

.050

FORMS.

Declarations on inland bills, 433.
Declarations on foreign bills, 441.
Declarations on promissory notes, 442.
Declarations on checks, 445.
Notice to prove consideration 446.

INLAND BILLS.

No. I.-PAYEE V. ACCEPtor.

For that whereas, one E. F. (a) heretofore, to wit, on the (b) in the year of our Lord,

at (c)

day of to wit, at &c. according to the usage and custom of merchants, (d) made his certain bill of exchange in writing, bearing date a certain day and year therein in that behalf men

(a) The drawer of the bill. Though the bill was drawn by an agent, it may be stated to have been drawn by the principal. Ante, p. 266. Where the bill is drawn by a firm, say, "Certain persons using the name, style, and firm, of A. & B." Ante, p. 266. As to a mistake in stating the name of the drawer, see ante, p. 264.

(b) The date of the bill, or if there be no date, the day on which it was made. Ante, p. 262. 24.

(c) Where the bill is drawn at a place not within the county in which the venue is laid, that place is usually stated, followed by the common venue, as, "At Chester, that is to say, at Westminster, in the county of Middlesex." Ante, p. 263.

(d) This statement is not necessary, but is usually made. Ante, p. 262.

U

tioned, to wit, the day and year aforesaid, directed (e) to the said C. D., and thereby then and there requested the said C. D. two months (g) after the date of the said bill of exchange, to pay to the said A. B. (h) or order, (i) the sum of £

(k) value received, ¶ (1) which said bill of exchange the said C. D. afterwards, to wit, on the day and year aforesaid, at &c. duly accepted, (m) according to the said usage and custom of merchants.*

By means whereof and according to the said usage and custom of merchants, the said C. D. then and there became liable (n) to pay to the said A. B., the said sum of money in the said bill of exchange specified, according to the tenor and effect (o) of the said bill of exchange, and of his said acceptance thereof, and being so liable, he the said C. D. in consideration thereof, afterwards, to wit, on the same day and year aforesaid, at &c. undertook and then and there faithfully promised the said A. B. to pay to him the said sum of money in the said bill of exchange specified, according to the tenor and effect of the said bill of exchange, and of his said acceptance thereof.t

(e) Where the bill is not directed to any particular person, but only to a certain place, as" Payable at No. 1, Wilmot Street," and has been accepted by the person residing there, it should not be described as directed to that person. Ante, p. 22. As to a conditional direction, see Ibid. And where the word "at," appears before the name of the drawees, see ante, p. 19. (g) Or at sight," or " upon demand," &c.

(h) If there be a mistake in the payee's name, see ante, p. 23. 265.

(i) As to the words, "Or Order," see ante, p. 23. 26, 27.

95. 126.

(k) See ante, p. 25. 264.

(1) Follow the exact words of the bill here, if the words value received are inserted at all; but it is no variance to omit them. Ante, p. 27. 264.

(m) See ante, p. 267. In general there is no date to the acceptance, and it is then alleged to have been made on the same day as the bill, but if there be a date to it, that date should be inserted.

(n) It is not necessary, though it is usual, to state the liability of the party, for the law will imply it from the statement of the acceptance.

(0) In actions against acceptors of bills and makers of notes, who are the parties primarily liable, the liability and promise are always stated to be, to pay according to the tenor and effect of the bill or note; but in actions against drawers of bills, or indorsers of bill or notes, as their liability is only secondary, viz., to pay on default of the acceptor or maker, the liability and promise are stated to be to pay on request.

[The common breach at the end of the account stated is suffi

cient. (p)]

Where the acceptance is special, under statute 1 & 2 Geo. 4. c. 78. add at the *

and by that acceptance then and there appointed the said sum of money in the said bill of exchange specified, to be paid at Messrs. M. N.'s Lothbury, London, only and not otherwise or elsewhere. (q)

And after the statement of the promise (†) insert the following

averment.

And the said A. B. in fact says, that afterwards and when the said bill of exchange became due and payable according to the tenor and effect thereof, to wit, on the

day of in the year at &c. the said bill of exchange so accepted as aforesaid, was duly shewn and presented for payment at the said place (r), at which the same was by the said acceptance thereof made payable as aforesaid, and payment thereof was then and there demanded according to the tenor and effect of the said bill of exchange, and of the said acceptance thereof.

No. II.-INDORSEE V. ACCEPTOR.

Proceed as in No. I. as far as the asterisk*, and then state the indorsement as follows.

And the said G. H. (the payee) to whose order the payment of the said sum of money, in the said bill of exchange specified, was by the said bill of exchange (s) appointed to be made, afterwards and before the payment of the said sum of money in the

Where it

(p) The common breach is in all cases sufficient. is necessary, see ante, p. 256. add counts on the consideration. The money counts, see ante, p. 253, are usually added, and the

count on an account stated.

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(1) As to the special acceptance, see ante, p. 185. When the acceptance is (as is very usually the case) accepted payable at Messrs. A. B. & Co.'s, Bankers, London," it is only a general acceptance, and may be either stated as such or may follow the actual words of the acceptance. No averment of presentment at the special place need in such be inserted, nor if inserted, need it be proved. Ante, p. 282.

(r) This is sufficient without averring that the bill was presented there, either to the acceptor or to the bankers or other persons. Ante, p. 262.

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(s) In stating a second indorsement, instead of the words by the said bill of exchange," say, ment."

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'by the said indorse

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