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S (i (; 9 & 10 W. 3, CAP. 17, BILLS OF EXCHANGE. Code, Art. 14, (1785, ch. 38,) after providing by its 1st section,3 that the owner &c., of any bill of exchange drawn in this State on any person, 635* &c•' ln a foreign country, and regularly protested, shall have a right to recover so much current money as will purchase a good bill of exchange of the game time of payment, and upon the same place, at the current exchange of such bill, and also fifteen per cent. damages upon the value of the principal sum mentioned in such bill and costs of protest, with interest on the principal sum, from the time of protest until such principal and damages are paid, and by its 2nd section,4 that any indorse? of such bill, who shall pay the owner, &c., the value of the principal and damages and interest, may recover the sum paid, with interest, from the drawer, or any other person, &c., liable to such indorser upon such bill, by its 3rd section s enacts, that all inland bills of exchange or orders drawn by a citizen, &c., of any other State, District or Territory, or any person therein residing, or being, on any person, &c., of this State, or any person therein residing or being, shall be liable to official protest by a Notary Public, or by the Clerk of the Circuit Court for the county, who is hereby vested with power to make such protest under his seal of office, and the clerk shall receive therefor, from the person requiring the same, the sum of one dollar. And by its 4th section,6 that the owner, &c., of any bill of exchange drawn in this State upon any person, &c., in any other State, District or Territory of the United States, and protested according to the laws and customs of the place where such bill shall be made payable, shall be entitled to recover so much current money as will produce a good bill of exchange at the current exchange of such bills, and also eight per cent. damages upon the value of the principal sum mentioned in such bill, and costs of protest, together with legal interest upon the value of the principal sum therein mentioned from the time of protest until such prin- cipal and damages are paid, &c. And the 5th section 7 enables any indorser paying such principal and damages to recover them with interest from the drawer or other person liable to him on such bill. The 6th section 8 provides, that a protest duly made by a Notary Public of a promissory note for non-payment, or of a bill of exchange, whether foreign or inland, for non-acceptance or non-payment, shall be prima facie evidence of such non-acceptance or non-payment, and of the presentment of such note for payment, or of such bill for acceptance or payment, at the time and in the manner stated in the protest. Section 7 9 provides, that when such protest shall state that notice of such non-payment or non-acceptance has been sent or delivered to the party or parties to such note or bill, and the manner of such notice, such protest shall be prima facie evidence that such notice has been sent or delivered in the manner therein stated. The 3 Code 1911, Art. 13, sec. 1. 4 Code 1911, Art. 13, sec. 2. 5 Code 1911, Art. 13, sec. 3. 6 Code 1911, Art, 13, sec. 4. 7 Code 1911, Art. 13, sec. 5. 8 Code 1911, Art. 13, sec. 6. 9 Code 1911, Art. 13, sec. 7. |
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| Volume 194, Page 866 View pdf image (33K) |
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