After May 15, 1772, promissory notes to bills. tokens, or other writings, after prefixing to his or her protest the full tenor and contents of any one note, accepted bill, post bill, ticket, token, or other writing aforesaid, issued by the person or persons, bodies politick or corporate, against whom such protest is to be taken, may and shall subjoin thereto the dates and numbers of all other notes or writings aforesaid, of the same tenor and contents whereof he or she shall then demand payment; which protest, being duly registered, as aforesaid, shall be sufficient warrant for issuing letters of horning, and all other execution of the law, for payment of the contents of the whole notes, accepted bills, post bills, tickets, tokens, or other writings aforesaid, so specified in the protest; any law, usage, or custom to the contrary notwithstanding. 12 Geo. III. cap. 72. An Act for rendering the Payment of the Creditors of Insolvent Debtors more equal and expeditious, and for regulating the Diligence of the Law by Arrestment and Poinding, and for extending the Privilege of Bills to Promissory Notes, and for limiting Actions upon Bills and Promissory Notes, in that Part of Great Britain called Scotland. 36. And whereas it would be advantageous to trade in that part of Great Britain called Scotland, that promissory notes were bear interest as allowed the like summary execution and other privileges with bills; be it therefore enacted by the authority aforesaid, That from and after the fifteenth day of May, one thousand seven hundred and seventy-two, the same diligence and execution shall be competent, and shall proceed upon promissory notes, whether holograph or not, as is provided to pass upon bills of exchange and inland bills by the law of Scotland, and that promissory notes shall bear interest as bills, and shall pass by indorsation; and that indorsees of promissory notes shall have the same privileges as indorsees of bills in all points. No bills of ex 37. And whereas the not limiting bills and promissory notes to change, or pro- a moderate endurance in that part of Great Britain called Scotland missory notes, has been found by experience to be attended with great inconMay 15, 1772, veniences; for remedy whereof, be it enacted by the authority executed after to be effectual to produce dili- aforesaid, That no bill of exchange, or inland bill, or promissory above limita note, executed after the fifteenth day of May, one thousand seven gence, unless such diligence · hundred and seventy-two, shall be of force, or effectual to produce shall be used any diligence or action in that part of Great Britain called Scotland, before the expiration of six unless such diligence shall be raised and executed, or action com- years. menced thereon, within the space of six years from and after the terms at which the sums in the said bills or notes became exigible. 39. Provided always, That no notes, commonly called bank notes Bank bills not comprehended or post bills, issued or to be issued by any bank or banking com- under the pany, and which contain an obligation of payment to the bearer, tion. and are circulated as money, shall be comprehended under the aforesaid limitation or prescription; and that it shall and may be lawful and competent, at any time after the expiration of the said six years, in either of the cases before mentioned, to prove the debts contained in the said bills, and promissory notes, and that the same are resting and owing by the oaths or writs of the debtor. 40. And it is hereby enacted and declared, That the years of Years of minority not to be the minority of the creditors in such notes or bills shall not be computed. computed in the said six years. notes and in 41. And it is further enacted and declared, That all inland bills Promissory and promissory notes shall be protested in like manner as foreign land bills to be bills before the expiration of the three days of grace, otherwise protested as foreign bills. there shall be no recourse against the drawers or indorsers of such inland bills, or against the indorsers of such promissory notes; and it shall be sufficient to preserve the said recourse, if notice is given of the dishonour within fourteen days after the protest is taken, without prejudice to the notification of the dishonour of foreign bills, to be made within such time as is required by the usage and custom of merchants.* 42. And be it further enacted by the authority aforesaid, That After May 15, from and after the said fifteenth day of May, one thousand seven execution, by 1772, summary hundred and seventy-two, summary execution, by horning or horning, shall pass upon bills, other diligence, shall pass upon bills, whether foreign or inland, &c. and whether accepted or protested for non-acceptance, and upon all promissory notes duly negotiated, not only against the acceptors of such bills, or granters of such notes, but also against the drawers of such bills, and the whole indorsers of the said bills and notes jointly and severally, excepting where the indorsation is qualified to be without recourse, saving and reserving to the drawers or * See 19 & 20 Vict. cap. 60, §§ 13 and 14. After May 15, execution, by be competent indorsers their respective claims of recourse against each other, and all defences against the same, according to law. 43. And be it also enacted by the authority aforesaid, That 1772, summary from and after the said fifteenth day of May, one thousand seven horning, shall hundred and seventy-two, summary execution, by horning, or to the indorsee. other diligence, shall be competent to the indorsee of a bill, although the protest is not in the name of the indorsee craving the diligence; and although the bill is not re-conveyed to him by indorsation, if he produces a receipt for the value by act of honour, or a missive letter from the protesting indorsee mentioning the dishonour, agreeable to the practice of merchants in returned bills. 7 & 8 Geo. IV. cap. 6. An Act to Limit, and after a certain time, to Prohibit, the issuing of * * * 3. And be it further enacted That if any body, politic or corporate, or any persons or person shall after the said fifth day of April, one thousand eight hundred and twenty-nine, make, sign, issue, or re-issue in England, any promissory note, payable on demand to the bearer thereof, less than five pounds, then and in either of such cases, every such body politic or corporate, or person or persons so making, issuing, or re-issuing any such promissory note, as aforesaid, except as aforesaid, * shall for every such note so made, signed, issued, or re-issued, forfeit the sum of twenty pounds. * * 9 Geo. IV. cap. 65. An Act to restrain the negotiation, in England, of Promissory Notes, and Bills under a limited sum, issued in Scotland or Ireland. -[15th July, 1828.] WHEREAS an Act was passed in the seventh year of his present Majesty's reign, intituled An Act to Limit, and after a certain period to Prohibit the issuing of Promissory Notes under a limited sum in England; and doubts may arise how far the provisions of the said Act may be effectual to restrain the circulating in England of certain notes, drafts, or undertakings made or issued in Scotland or Ireland: Be it therefore enacted by the King's most corporation or bills under £5 issued in Scot land or Ireland, under penalty of £20. excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment assembled, and by the authority of the same, that if any After 5th body politic or corporate, or person or persons, shall, after the April, 1829, no fifth day of April one thousand eight hundred and twenty-nine, person shall utter in Engby any art, device, or means whatsoever, publish, utter, negotiate, land notes or or transfer, in any part of England, any promissory or other note, which have draft, engagement, or undertaking in writing, made payable on been made or demand to the bearer thereof, and being negotiable or transferable, for the payment of any sum of money less than five pounds, or on which less than the sum of five pounds shall remain undischarged, which shall have been made or issued, or shall purport to have been made or issued in Scotland or Ireland, or elsewhere out of England, wheresoever the same shall or may be payable, every such body politic or corporate, or person or persons so publishing, uttering, negotiating, or transferring any such note, bill, draft, engagement, or undertaking, in any part of England, shall forfeit and pay for every such offence, any sum not exceeding twenty pounds, nor less than five pounds, at the discretion of the justice of the peace who shall hear and determine such offence. 2. And be it further enacted, That the penalties which may be Mode of incurred under the provisions of this Act shall and may be recovering penalties. recovered in a summary way, by information on complaint, before a justice or justices of the peace, and shall be levied and applied in the manner directed by an Act passed in the forty-eighth year of 48 G. III. c. 88. the reign of his late Majesty King George the Third, intituled, An Act to restrain the Negotiation of Promissory Notes and Inland Bills of Exchange under a limited sum in England, with respect to the penalties by the said last-mentioned Act imposed; and all and every the clauses and provisions in the said lastmentioned Act contained, relating to the recovery and application of the penalties thereby imposed, shall be applied and put in execution for the recovery and application of the penalties by this Act imposed, as fully and effectually to all intents and purposes, as if such clauses and provisions had been herein repeated and expressly re-enacted. 3. Provided always, and be it enacted, That it shall and may be lawful for the Lord High Treasurer, or for the Commissioners of his Majesty's Treasury, or any three or more of them, to order The Treasury may order a remission or mitigation of penalties. Not to extend to drafts on and direct that the whole or any part of any penalty which shall be incurred under this Act shall and may be remitted, or mitigated or abated to such amount, and in such manner and upon such conditions as to such Lord High Treasurer or Commissioners of the Treasury may seem fit and proper. 4. Provided always, and be it further enacted, That nothing bankers for the herein contained shall extend to any draft or order drawn by any use of the drawer. Extracts of Session, Teind person or persons on his, her, or their banker or bankers, or on any person or persons acting as such banker or bankers, for the payment of money held by such banker or bankers, person or persons, to the use of the person or persons by whom such draft or order shall be drawn. 1 & 2 Vict. cap. 114. An Act to amend the Law of Scotland in Matters relating to WHEREAS it is expedient to improve the form and to diminish the |