Section 94. from the date thereof. If the person against whom prescription run is a minor or married woman, or a person non compos mentis, the years during which they are subject to these disabilities are deducted. The operation of the statute may be barred by the writ of the party liable on the bill, or of his agent in that behalf. The acknowledgment must either contain an express promise to pay, or such an unqualified admission of the debt as that a promise to pay may be reasonably inferred therefrom; or, if the promise be qualified or conditional, the event on which the payment was to be made must be shown to have happened. Part payment revives the debt against the party making it, though made within the six years, but not against any other party liable on a bill. Payment of interest within the six years is also a bar, and the issuing a writ of summons within six years, and renewing it from time to time as provided by the Judicature Acts, bars the operation of the statute, Chitty on Bills, 11th edit. 387-394, and the cases there referred to. SCHEDULES. FIRST SCHEDULE. Form of Protest which may be used when the services of KNOW all men that I, A. B. [householder], of in the county of day of at demand payment [or acceptance] of the bill of exchange hereunder written, from E. F., to which demand he made answer [state answer, if any] wherefore I now, in the presence of G. H. and J. K. do protest the said bill of exchange. N.B.—The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten. SECOND SCHEDULE. ENACTMENTS REPEALED. Session and Chapter. 9 Will. 3. c. 17. 3 & 4 Anne, c. 8. 17 Geo. 3. c. 30. Title of Act and extent of Repeal. An Act for the better payment of Inland An Act for giving like remedy upon Pro- An Act for further restraining the negotiation of Promissory Notes and Inland Bills of Exchange under a limited sum within that part of Great Britain called England. 39 & 40 Geo. 3. c. 42. An Act for the better observance of Good Friday in certain cases therein mentioned. 48 Geo. 3. c. 88. 1 & 2 Geo. 4. c. 78. 7 & 8 Geo. 4. c. 15. 9 Geo. 4. c. 24. 2 & 3 Will. 4. c. 98. An Act to restrain the negotiation of Pro- An Act for declaring the law in relation to An Act to repeal certain Acts, and to con- in part; that is to say, Section two, four, seven, eight, nine, ten, eleven. An Act for regulating the protesting for nonpayment of Bills of Exchange drawn payable at a place not being the place of the residence of the drawee or drawees of the same. 23 & 24 Vict. c. 111. An Act for granting to Her Majesty certain in part. 34 & 35 Vict. c. 74. 39 & 40 Vict. c. 81. 41 & 42 Vict. c. 13. Duties of Stamps, and to amend the Laws relating to the Stamp Duties, in part; that is to say, Section nineteen. An Act to abolish Days of Grace in the case of Bills of Exchange and Promissory Notes payable at sight or on presentation. The crossed Cheques Act, 1876. The Bills of Exchange Act, 1878. 23 & 24 Vict. c. 111. An Act for granting to Her Majesty certain in part. 34 & 35 Vict. c. 74. 39 & 40 Vict. c. 81. 41 & 42 Vict. c. 13. Duties of Stamps, and to amend the Laws relating to the Stamp Duties, in part; that is to say, Section nineteen. An Act to abolish Days of Grace in the case of Bills of Exchange and Promissory Notes payable at sight or on presentation. The crossed Cheques Act, 1876. The Bills of Exchange Act, 1878. ENACTMENT REPEALED AS TO SCOTLAND. 19 & 20 Vict. c. 60. in part. The Mercantile Law (Scotland) Amendment in part; that is to say, Sections ten, eleven, twelve, thirteen, fourteen, fifteen, and six teen. |