"or Perfons,Body-politick and Corporate, to "whom fuch Note that is payable to any Perfon "or Perfons, Body-politick and Corporate, his, "her, or their Order, is endorfed or affigned, or "the Money therein mentioned, ordered to be paid by Endorsement thereon, fhall, and may "maintain, his, her, or their Action for fuch "Sum of Money, either against the Perfon lor' "Perfons, Body-politick and Corporate, who, or whofe Servant or Agent, as aforefaid, figned fuch a Note, or against any of the Perfons that endorfed the fame, in like manner as in Cafes "of Inland Bills of Exchange: And in every fuch' "Action, the Plaintiff or Plaintiffs fhalk recover his, her, or their Damages, and Cofts of Suit;" and if fuch Plaintiff or Plaintiffs fhall be non füited, or a Verdict be given against him, her,' or them, the Defendant or Defendants fhall rescover his, her, or their Cofts against the PlainStiff or Plaintiffs, and every fuch Plaintiff or

Plaintiffs, Defendant or Defendants, refpectively "recovering, may fue out Execution for fuch Da"mages and Cofts by capias, fieri facias, or eligit.

And be it further enacted by the Authority aforefaid, that all and every fuch Actions shall "be commenced, fued, and brought within fuch. "time as is appointed, for commencing or fuing "Actions upon the Cafe, by the Statute made in

the One and Twentieth Year of the Reign of "King James the First, intituled, An A&t for Li"mitation of Actions, and for avoiding of Suits in "Law, provided, that no Body-politick or Cor"porate, fhall have Power by vertue of this Act, "to iflue or give out any Notes by themselves or "their Servants, other than fuch as they might "have iffued, if this Act had never been made. "And whereas by an Act of Parliament made in the Ninth Year in the Reign of his late Ma

jefty

Sjefty King William III. intitled, An Alt for better Payment of Inland Bills of Exchange; it is, among other things, enacted, that from and af66 ter Prefentation and Acceptance of the faid Bill or Bills of Exchange (which Acceptance fhall "be by the underwriting, the fame under the Party's Hand fo accepting) and after the Expi 1. ration of three Days, after the faid Bill or Bills fhall become due, the Party to whom the faid Bill or Bills are made payable, his Servant, "Agent, or Affigns, may and fhall caufe the fame "Bill or Bills to be protefted, in manner, as in

..

66

the faid Act is enacted: And whereas, by there 5 being no provifion made therein for protesting * fuch Bill or Bills, in cafe, the Party on whom the fame are or fhall be drawn, refufe to accept the fame, by underwriting the fame under his Hand, all Merchants and others do refufe to "underwrite fuch Bill or Bills, or make any other “than a promiffory Acceptance, by which means "the Effect and good Intent of the faid Act in "that Behalf is wholly evaded, and no Bill or "Bills can be protefted before, or for want of fuch "Acceptance by underwriting the fame, as afore 66 faid: For Remedy whereof, Be it enacted by "the Authority aforefaid, that from and after the "firft Day of May, which fhall be in the Year of 66 our Lord, One Thoufand Seven Hundred and

Five, in cafe, upon prefenting of any fuch Bill 66 or Bills of Exchange, the Party or Parties, on "whom the fame fhall be drawn, fhall refufe to accept the fame, by underwriting the fame, as aforefaid, the Party to whom the faid Bill or "Bills are made payable, his Servant, Agent, or "Affigns, may, and fhall caufe the faid Bill or Bills to be protefted for Non-Acceptance, as in cafe of Foreign Bills of Exchange: Any thing in the faid Act, or any other Law, to the conH 2 ¿trary

J

"trary notwithstanding, for which Proteft there fhall be paid Two Shillings and no more.

1.

Provided always, that from and after the faid firft Day of May, no Acceptance of any fuch Inland "Bill of Exchange, fhall be fufficient to charge any Perfon whatsoever, unless the fame be underwritten, or endorfed in writing thereupon, and if fuch Bill be not accepted by fuch under"writing, or Endorsement in writing, no Drawer of any fuch Inland Bill fhall be liable to pay any Cofts, Damages, or Interefts thereupon, unless fuch Proteft be made for Non-acceptance thereof, and within fourteen Days after fuch Proteft, the fame be feht, or otherwife Notice thereof be *given to the Party, from whom fuch Bill was receiv'd, or left in writing at the Place of his,

$ !

her, or their ufual Abode; and if fuch Bill be "accepted, and not paid before the Expiration of "three Days after the faid Bill fhall become due

and payable, then no Drawer of fuch Bill shall be compellable to pay any Cofts, Damages, or "Interefts thereupon, unless a Proteft be made and fent, or Notice thereof be given, in man"her and form above-mention'd: Nevertheless, every Drawer of fuch Bill fhall be liable to make Payment of Cofts, Damages, and Interefts, upon fuch Inland Bill, if any one Protest be made for Non-acceptance, and Non-payment thereof, and Notice thereof be fent, given, or left, as aforefaid.

રહ

01

Provided, that no fuch Proteft fhall be neceffary, either for Non-acceptance, or Non-payto ment of any Inland Bill of Exchange, unless the Value be acknowledg'd and exprefs'd in fuch Bill to be receiv'd, and unless fuch Bill be drawn for the Payinent of Twenty Pounds Sterling, or upwards; and that the Proteft hereby required for Non-acceptance, fhall be made by fuch Per

fons,

"fons, as are appointed by the said recited Act, "to proteft Inland Bills of Exchange for Non"payment thereof.

"And be it further enacted, that from and af"ter the first Day of May, if any Perfon doth ac

cept any fuch Bill of Exchange, for and in Sa"tisfaction of any former Debt, or Sum of Money "formerly due unto him, the fame fhall be ac"counted and efteem'd a full and compleat Pay"ment of fuch Debt, if fuch Perfon accepting of

any fuch Bill for his Debt, doth not take his due "Course to obtain Payment thereof, by endea"vouring to get the fame accepted and paid, and "make his Proteft, as aforefaid, either for Nonacceptance, or Non-payment thereof.

66

"Provided, that nothing herein contained fhall "extend to discharge any Remedy, that any Perfon may have against the Drawer, Acceptor, or "Endorfer of fuch Bill."

It is not to be denied, but thefe two Acts are highly beneficial to the Commerce of this Kingdom, and would very much contribute to the Eafe of the Merchants, and Advantage of all manner of Trading People, if to all the other good Claufes therein contain❜'d, there had been added one, for giving a fummary Remedy upon Bills of Exchange, that is to fay, a Law for abbreviating Law-fuits, amongst Merchants.

And now I fhall proceed to infert fome adjudg'd Cafes concerning Money and Exchange; but in the first Place, I fhall here fet down a Plea upon the Subject of Arbitration, which affords fufficient Occafion to obferve the Inconveniency for Merchants to feek for Juftice in their Affairs at the Courts of Common Law.

DELAVAL

A Cafe con

cerning Arbi

tration.

t

* A bosioon buts, a

DELAVAL verfus MASCHAL

Debt upon a Bond; the Condition whereof was that if J. S. and J. D. Arbitrators did make an Award on, or before the 19th of February, and if the Defendant fhou'd perform it, then the Obligation bou'd be void; and then follow thefe Words. And if they do not make an Award before the 19th of February, then empower them to choose an Umpire, and by thefe Prefents bind my felf to perform his Award. The Defendant pleads, That they did not make an Award. The Plaintiff replies, and fets forth an Award made upon the faid 19th of February, by an Umpire chofen by the Arbitrators, and alledges a Breach thereof. The Defendant demurs! VTV9gyar 5. of bassxy → SANDERS, for the Defendant. Here is no for the Defen Breach of the Condition of the Bond for that, which relates to the performing the Umpire's Award, because it follows in thefe Words, ai Then the Obligation fhall be void, is no part of the Condition, and if any Action is to be brought upon that Part, it ought to be convenient. 2. The A ward made by the Umpire is void, because made the 19th of February, which was within the Time limited to the Arbitrators for their Power, and the Umpire could not make an Award within that Time, because their Power was not then determin'd, as was adjudg'd, in Copping verfus Hornar.

Sanders's Plea

dart.

Jones's Plea for the Plain tiff.

JONES, for the Plaintiff. The Condition is good as to this Part, it is all but one Condition. A Man may make feveral Deficiencies, or Conditions, to defeat the fame Obligationy Brook, 66. There is a Continuance of this Condition, it is faid I bind my felf by thefe:Prefents, which refers to the Condition before in the Obligation.

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