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9 & 10 W. 3, CAP. 17, BILLS OF EXCHANGE. 865 so failing or neglecting thereof, is and shall be liable to all Costs, Damages, and Interest, which do and shall accrue thereby. III. Provided nevertheless, That in case any such inland Bill or Bills of Exchange shall happen to be lost or miscarried within the time before limited for Payment of the same, then the Drawer of the said Bill or Bills is and shall be obliged to give another Bill or Rills of the same Tenour with those first given, the Person or Persons to whom they are and shall be so delivered giving Security, if demanded, to the said Drawer, to indemnify him against all Persons whatsoever, in case the said Bill or Bills of Exchange so alledged to be lost or miscarried, shall be found again. I. Bills of Exchange drawn in England, Ac., of 3;. or upwards, payable at a certain number of days, &c. after acceptance, and 3 days after it is due. Party may protest the same. Farther provisions relating hereto, 3 & 4 Annae c. 9, s. 4. 1 Salk. 131. Mod. Cases in the Law, 80, 373. 6 Mod. 80. The Form of the Protest. II. Protest or notice thereof to be given in 14 days after made. And 6d for the Protest. In default of Protest made, &c., Person failing liable to Costs. III. Bill lost or miscarried. Drawer to give another. "This statute 1 (as well as that of Anne, respecting promissory notes) has always been practised under the province and in the state. The act of 1785, Ch. 38, ascertaining what shall be recovered on protested bills of exchange, &c. does not seem to interfere with this statute. The 2d section of that act relates to inland2 bills, or orders drawn by persons in other states on persons in this state; which must have been on the ground of the respective persons being citizens of the same general government. Inland bills are such as pass between parties residing in the same country, but there is nothing in the act respecting such bills drawn by one person on another, both in Maryland. This statute is therefore considered proper to be incorporated," &c. Kilty Rep. 244. The use of inland bills began in England long after the use of foreign hills, and probably about the year 1645, when banking began to be exten- sively carried on by the goldsmiths. And Lord Holt said in Buller v. Cripps, 6 Mod. 30, that actions on such bills were within his memory. It was held in England, that a bill drawn in Ireland upon a person in Eng- land is not an inland bill, Mahoney v. Ashlin, 2 B. & Ad. 478. But the 1 The passage of the Negotiable Instruments Act of 1898, ch. 119, (Code 1911, Art. 13, secs. 13-208), makes a continuation of Mr. Alexander's note to this Statute or to that of 3 & 4 Anne, c. 9, unnecessary. 2 See note 11 infra. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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