APPENDIX. STATUTES. 1681, cap. 20. Act concerning Bills of Exchange. OUR Soveraigne Lord, considering how necessary it is for the flourishing of trade, that bills or letters of exchange be duely payed and have ready execution, conforme to the custome of other parts, doeth therefore, with advice and consent of his Estates of Parliament, statute and ordain, that in case of any forraign bill of exchange, from or to this realm duely protested for not acceptance, or for not payment, the said protest having the bill of exchange prefixed, shall be registrable within six moneths after the date of the said bill in case of non-acceptance, or after the falling due thereof in case of non-payment, in the Books of Council and Session or other competent judicatures, at the instance of the person to whom the same is made payable, or his order, either against the drawer, or indorser, in case of a protest for nonacceptance, or against the accepter, in case of a protest for nonpayment, to the effect it may have the authority of the judges thereof, interponed thereto, that letters of horning upon a simple charge of six dayes, and executorials necessary may pass thereupon, for the whole sums contained in the bill, as well exchange as principal, in forme as effeirs, sicklike, and in the same manner, as upon registrat bonds, or decreets of registration, proceeding upon consent of parties. Providing alwayes, that if the saids protests be not duly registrat within six moneths, in manner above provided, then and in that case, the saids bills and protests are not to have summar execution, but only to be pursued by way of ordinary action, as accords. And farther, it is hereby statute and enacted, Summary every such that the sums contained in all bills of exchange, bear annual-rent in case of not acceptance from the date thereof, and in case of acceptance and not payment from the day of their falling due, ay and while the payment thereof.* And farther his Majesty with advice foresaid, hereby declares, That notwithstanding of the foresaids summar execution provided to follow upon bills of exchange, for the sums therein contained, in manner above specified; yet it shall be leasom to the party charger to pursue for the exchange, if not contained in the saids bills with re-exchange, damage, interest, and all expenses before the ordinary judge, or in case of suspension, to eek the same to the charge at the discussing of the said suspension, to the effect that the same may be liquidat, and decreet given therefore, either against the party principal, or against him and his cautioners, as accords. 1696, cap. 36. Act anent Inland Bills and Precepts. OUR Sovereign Lord, with advice and consent of the Estates of precepts in all points. 5 Geo. III. cap. 49. An Act to prevent the Inconveniencies arising from the present 4. And for rendering the payment of all notes, accepted bills, execution may post bills, tickets, tokens, or other writings for money, of the nature proceed upon of a bank or banker's note, circulated or to be circulated as specie, note, in order in that part of the United Kingdom more effectual be it further enacted by the authority aforesaid, That from and after the passing of this Act, summary execution shall proceed upon every to enforce payment of the principal and interest. * This provision is superseded by § 57 of the Act. such note, accepted bill, post bill, ticket, token, or other writing at the instance of the holder thereof, against the person or persons, bodies politick or corporate, and the legal administrators of such person or persons liable in payment of the same, not only for the sum or sums therein contained, but also for the interest thereof from the time of demanding payment; and that a protest, taken at the office Method of proof the person or persons, bodies politick or corporate, liable in testing where paypayment is ment of the same, between the hours of nine in the morning and denied, &c. three in the afternoon for not payment, or for not marking of any such note, accepted bill, post bill, ticket, token, or other writing, shall be registerable in the Courts of Session or other competent judicatories, at any time within six months after the date of such protest; that letters of horning upon a charge of six days, and the other usual execution of the Law of Scotland, may pass thereupon in the same manner as is competent by the law of Scotland, upon protests of bills of exchange and inland bills duly registered. charges. expenses may as may also the damages 5. And be it further enacted by the authority aforesaid, That No suspension to pass but no suspension or list of such charge, or other execution shall pass, upon a disbut upon a discharge by the holder of the note or notes, accepted note, or tender charge of the bills, or post bills, so protested; or upon an offer or tender made made, with all to him or her in the form of an instrument, duly signed by a notary Overcharge in public and two witnesses, of the full contents of such note or notes, the account of bill or bills, with the legal interest thereof from the date of the be sued for at common law; protest, and also of the expenses of the protest, registration, and such diligence as shall have followed thereupon, to be certified by arising from an an account under the hand of the holder of such note or notes, undue delay of accepted bills, post bills, or other writings aforesaid, all in lawful payment of the money of Great Britain: Saving and reserving always to the person or persons, bodies politick or corporate, who shall make such payment, their action at common law before any competent Court, for repetition of any overcharge in such account of expenses, and to the person or persons who shall have protested such note or notes, his, her, or their action, before any competent Court, for what further damages he, she, or they may have incurred by the undue delay of payment. note. be made of 6. And for preventing the unnecessary expense and delay of Protest may protesting each note, accepted bill, post bill, ticket, token, or other several notes writing, aforesaid, separately, be it enacted by the authority afore- jointly. said, That the holder of such notes, accepted bills, post bills, tickets, |