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from whom such bill was received, or left in writing at the place of his usual abode; and if such bill be accepted, and not paid before the expiration of 3 days after said bill shall be payable, then no drawer shall pay costs, damages, or interest thereon, unless a protest be made and sent, or notice given, as aforesaid ; nevertheless, every drawer of such bill shall be liable to costs, &c. if any one protest be made for non-acceptance or non

payment, and notice be sent, &c. as aforesaid. But by s. 6. s. 6. no such protest shall be necessary for non-accept

ance or non-payment, of any inland bill of exchange, Bill to be for £20. unless the value be expressed in such bill to be received,

3 Ann, and unless the bill be drawn for *£20 sterling, or upc. 11. Ir. wards; and the protest, hereby required for non-accept

ance, shall be made by such persons as are appointed by 8.7. the 9 & 13 W. 3. c. 17. s. I. supra. By s. 7. if any

person accept such bill of exchange in satisfaction of any Bill laken in satisfaction of.a former debt, the same shall be esteemed a full payment, former debt.

if he doth not his endeavour to get the same accepted and paid, and make his protest as aforesaid for non-acceptance or non-payment. Provided s. 8. that nothing herein shall discharge any remedy that any person may have against the drawer, acceptor, or indorser of such

bill. Promissory notes By this statute (s. 1.) all notes in writing signed by any negotiable, and me

person [for body corporate,) or by the servant or agent thereon, as in

of any [Icorporation), banker, goldsmith, merchant, or

of any itoarnomrin case of bills of exchange. trader, who is usually entrusted by them to sign such pro3 & 4 Ann.

missory notes, whereby such person, &c. sliall promise C. 9. s. 1. Eng.

to pay any other person, &c. or order, or bearer, any money mentioned in such notes, shall be, by virtire thereof, due and payable to such person, &c. to whom the same are made payable. And every such note, parable to such person, &c. or order, shall be assignable over as inland bills of exchange are by the custom of

merchants;

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So much of this act as relates to corporations is omitted in the 3 Ape. c. 11. Ir. : l'he governor and company of the Bank of England were by virtue of the 5 W. & M. c. 20. Eng. (which incorporates them,) empowered to issue bills assignable by indorsement. But the governor and company of the lank of Ireland were not established or incorporated, until the 21 & 09 Coo. 5. c.-16. Ir. was passcd for that purpose.

imitation,

Proviso.

merchants; and the person, &c. to whom such note is
payable, may maintain an action for the same, as upon
an inland bill of exchange. And the person, &c. to
whom such note so payable to order is indorsed or as-
signed, may maintain his action against the person, &c.
who, or whose servant or agent as aforesaid, signed such
note, or against any of the persons that indorsed the
same, as in cases of inland bills of exchange, and reco-
ver damages and costs of suit; and if plaintiff be non-
suited, or verdict be against him, the defendant shall
recover costs; and such plaintiff or defendant respec-
tively may sue out execution by capias, fieri facias, or
elegit. And by s. 2. such actions shall be brought within s. 2.
the time appointed for bringing actions by the #21 Jac. 1. ,. .
c. 16. Eng. “An act for limitation of actions, &c.” [1 By
s. 3. no body corporate shall have power to issue notes
other than they might before this act.] The 8 Ann. c. 11.5

" S Ann. c. 11.
Ir. has incorporated the 9 & 10 W. 3. c. 17. Eng. and Ir.
3 & 4 Ann. c. 9. Eng. and contains the same provisions, with
such exceptions as are noted in the margin. But the 26 26 Geo. 3.

c. 17. Ir. Geo. 3. c. 17. Ir. bas increased the fees of public nota-“ ries to 4s. for protesting any foreign bill of exchange, Fees of protest. and the like sum for protesting any inland bill exceeding £20; and to 2s. 6d. for protesting any inland bill, &c. not exceeding £20; and to 1s. 6d. for noting any bill of exchange, above all stamp duties payable thereon. By the 40 Geo. 3. c. 42. Eng. where bills of exchange and 40 Geo. 3.

6. 42. Eng. promissory notes become due and payable on Good Friday, the same shall be payable on the day before; and Rills and notes

due on Good the holders of such bills, &c. may note and protest the Prides shall be

: paid he day same for non-payment on the day preceding Good Fri- before. day: No statute in Ireland has provided in any such manner for the better observance of Good Friday.

The negotiation of promissory notes and inland bills of Negotiation of exchange under a limited sum is restrained by the 48 70 Geo. 3. c. 88. E. (which repeals the 15 Geo. 3. c. 51.) sun restrained.

43 Gen. 3. c. 88. which enacts that all promissory or other notes, bills of exchange or drafts, or undertakings in writing, being negotiable or transferable, for the payment of any money, or any orders, notes or undertakings in writing, beiny VOL. I.

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negotiable * 10 Car. 1. st. 2. c. f, lr.

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s. 3.

S. 4.

negotiable or transferable, for the delivery of any goods, specifying their value in money, less than 20s. in the whole, shall be void.' And by s. 3. if any person

shall by any art, device, or means, publish or utter any Penalty for uttering them. such note, &c. for a less sum than 20s. or on which a

less sum than 20s. shall be due, and which shall be negotiable, &c. or shall negotiate, &c. the same, such person shall forfeit a sum not exceeding £20, nor less than £5, at the discretion of the justice of peace who sha'l hear, &c. such offence. By s. 4. any justice of

peace of the county, &c. may determine the same in a Justices em powered to hear summary way, within 20 days after such offence shall be and determine

committed; and such justice, upon information exhioffences.

bited or complaint made upon oath, shall summon the party accused, and also the witnesses on either side, and examine into the fact, and upon due proof thereof adjudge the penalty for such offence. And by s. 5. if any person shall be summoned as a witness before such justice, on the part of the prosecutor or person accused, and shall not appear at the time or place appointed, without a reasonable excuse, to be allowed by such justice, he shall forfeit 40s. By s. 6. a form of conviction is prescribed; which the justice shall return to the next general quarter sessions of the place where such conviction was made, to be filed by the clerk of the peace. And by s. 7. it shall be lawful for such clerk of the peace, upon application made by any person, forthwith to deli

ver a copy of such conviction upon payment of 1s. for s. 8. each copy. By s. 8. one moiety of said penalties shall

be to the informer, and the other to the poor of the parish or place, &c.: and in case such person shall not pay the same, or give sufficient security to prosecute any appeal against such conviction, such justice shall by warrant cause the same to be levied, by distress and sale of the offenders goods, together with all costs attending the distress, &c.; and a forin is hereby prescribed for such warrant of distress. And by s. 9. such justice may order such offender to be detained until the return to such warrant of distress, unless he shall give sufficient security for his appearance before said justice, on such

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day as shall be appointed by said justice for the return of such warrant, not exceeding 5 days from the taking of such security. And by s. 10. if upon such return no suf s. 10. ficient distress can be had, then such justice shall commit such offender to the common gaol, or house of correction, of the county, &c. for 3 calendar months, unless the money forfeited be sooner paid, or until such offender shall give notice to the informer that he intends to appeal to the justices at the next general quarter sessions for such county, &c. and shall enter into recognizance before some justice, with 2 sufficient sureties, conditioned to try such appeal, and to abide the order of, and pay such costs as shall be awarded by, the justices at such sessions; which notice of appeal shall not be less than 8 days before the trial thereof; and the justices at such sessions, upon proof of such notice being given, and of the entering into such recognizance, shall hear such appeal, in a suimary way, and award such costs to the parties as they shall think proper; and such determination shall be final. By, s. 11. no person shall be disabled from being a witness in any such prosecution, by reason of his being an inhabitant of the parish where the offence was committed. And by s. 12. no proceedings s. 12. touching any conviction under this act, shall be quashed for want of form, or be removed by certiorari or other process. By s. 13. all actions for any thing done in pursuance of this act shall be commenced within 3 calendar months after the fact; and be brought within the county where such fact was committed; and the defendant may plead the general issue, and give this act and the special matter in evidence; and if it shall appear to have been done in pursuance and by authority of this act, or if such action shall be brought after the time so limited, or brought or laid at any other place than as aforesaid, the jury shall find for the defendant; or if the plaintiff be non-suit or discuntinue, or if upon demurrer judgment be given against him, the defendant shall recover treble costs. By the 45 Geo, 3. c. 41. s. 3. I. (which repeals 454en. 3. c. 41.

s. 11.

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s. 3. I. the 39 Geo. 3. c. 48. Ir. 40 Geo. 3. c. 64. Ir. 43 Geo. 3. c. 87. I. and 44 Geo. 3. c. 91. I. save as to the recover- In Ireland al.o . ?R?

ing der 20s. cvid,

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ing any penalties incurred under said acts), all promissory notes or undertakings in writing being negotiable or transferable for any sam of money less than 20s. Irish currency, or on which any sum less than 20s. Irish shall remain undisharged, which shall bear date, or shall have been or shall be issued in Ireland, after the 1st January,

1805, shall be void, and not negotiable, &c.; and the Penalty for

person issuing the same shall forfeit £10 Irish, for every issuing them.

such note, &c. so issued; and the person giving or taking the same after said day, shall forfeit double the amount of each such note,' &c. to any person who shall sue for the same; and such penalties shall be recovered before any justice of peace in Ireland, upon the oath of one witness; &c. and in case 'such penalties shall not be paid, such justice may by bis warrant cause the same to be levied by distress and sale of the offenders goods, together with all costs and charges attending such conviction and sale; and if such offender shall not have sufficient goods, he shall be committed to the common gaol or house of correction, by warrant of such justice, for any time not less than 1 month nor' more than 3 montlis, unless such penalty be sooner paid. And by

S. 4. any memorandum, ticket, token, draft, certificate, What shall be

or engagement, written, printed, or engraved, on paper, construed notes, card, vellum, or parchment, being negotiable or trans&C.

ferable, or which shall have been, or shall be given, negotiated, or transferred, with intent to imply, or to make, a promise or engagement to pay money or value of any kind, in goods or otherwise, under the sum of 20s. Irish, or on which a less sum than 20s. Irish shall remain undis

charged, shall be deemed an undertaking in writing to 17 Geo.3. c.30. all intents. By the 17 Geo. 3. c. 30. Eng. all promis$. 1. Eng.

sory or other notes, bills of exchange, or drafts, or unNotes, 8c. dertakings in writing, being negotiable or transferable under £5 to be issued in a cer for the payment of 20s, or above that sum, and less than iain form.

£5; or on which 20s, or above, and less than £5, shall remain undischarged, shall specify the nanies and places of abode of the persons to whom, or to whose order, the same shall be made payable; and shall bear date before or at the time of drawing, and not on any day subsequent

thereto,

..

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