Page:Ruffhead - The Statutes at Large - vol 4.djvu/233

 A. D. 1704. Anno tertio Sc quarto Ann^; Regm£E?« C. 10. rSt their Damages and Cofts of Suit; and if fuch Phiirtifr or PlaintiiFs fliall be nonfuited,, or a Verdift be P'^in''^ o' De- given agalnlt him, her, or them, the Defendant or Defendants fhall recover his, her, or their Cofts ^^^^"q^I^ '** againft "the Plaintiff or Plaintiffs; and every fuch Plaintiff or PJaintifFs, Defendant or Defendants, re- '""^ ° '' fpeftively recovering, may fue out Execution for fuch Damages and. Cofts by Capias, Fieri facias, or Elegit. II And be it further enadted by the Authority aforefaid, That all and every fuch Actions {hall be com- How Aaion mcnced> fued and brought within fuch Time as is appointed for commencing or fuing Adtions upon the liall bebr«ught. Cafe, by the Statute made in the one and twentieth Year of the Reign of King James the firft, intituled, ii Jac. r. c. i6. Jn Ail for Limitation of Attions, and for avoiding of Suits in Law. III. Provid.'d, That no Body Politick or Co"rj)orate fh.dl have Power, by Virt-^e of this Aft, to ifTue P™^''" ^g^'^nft or give out any Notes, by themfelves or thtir Servants, other than, fuch zi they might have ifTued, if this S'""S o"' Notes.. Aft had never been made. . _ ' IV. And whereas by an Aft of Parliament made in the ninth Year of the Reign of his late Majefly ' King Willi A.M the Third, intituled. An Act for the better Pay.iient of Inland Bills of Exchange, it is, g & jo -w, j, ' among other Thingb, enafted. That from and after Prefentation and Acceptance of the faid Bill or Bills c. 17,, ' ing no Provifion made therein, for protefting fuch Bill or Bills, in cafe the Party, on; whom the fame are ' or fliall ba drawn, refufe to accept the fame, by underwriting the fame under his Hand, all Merchants ' and others do refufe to underwrite fuch Bill or Bills, or make any other than a Pro.mifTory Acceptance, ' by which Means the EfFeft and good Intent of the faid Aft in that Behalf is wholly evaded, and no Bill ' or Bills can be protefted before or for want of fuch Acceptance by underwriting the fame as aforefaid :' For Remedy whereof be it enafted by the Authority aforefaid, That from and after the firft' Day of i^^j Party refufing to which fhall be in the Year of our Lord one thoufand feven hundred and five, in Cafe, upon prefenting of ""4^'^*""^^'" any fuch Bill or Bills of Exchange, the Party or Parties, on whom the fame fhall be drawn, fhall refufe fuch Biiima' b to accept the fame, by underwriting the fame as aforefaid, the Party to whom the faid Bill or Bills are protefted for made payable, his Servant, Agent, or Affigns, may and fliiall caufe the faid Bill or Bills to be protefted Non-acceptance. for Non-acceptance, as in cafe of Foreign Bills of Exchange; anything in the faid Aft or any other Law to the contrary notwithftanding : For which Proteft there fhall be paid two Shillings, and no more. V. Provided always. That from, and after the faid firft Day of May no Acceptance of any fuch Inland No Acceptance Bill of Exchange fhall be fufficient to charge any Perfon whatfoever, unlefs the fame be underwritten or ^ ^"'^""^ ^'"^ "^ mdorfed in Writing thereupon ; and if fuch Bill be not accepted by fuch Underwriting, or Indorfement f^^^j'J'^"",^, in Writing, no Drawer of any fuch Inland Bill fhall be liable to pay any Cofts, Damages, or Intereft the fame'be"un- thereupon, unlefs fuch Protefl be made for Non-acceptance thereof, and within fourteen Days after fuch derwrittcn, nor Proteft, the fame be fcnt, or otherwife Notice thereof be given to the Party from whom fuch Bill was Drawer thereof received, or left in Writing at the Place of his or her ufual Abode ; and if fuch Bill be accepted, and not -'e to Cofts, paid before the Expiration of three Days after the faid Bill fhall become due and payable, then no Drawer of fuch Bill fhall be compellable to pay any Cofts, Damages, or Intereft thereupon, unlefs a Proteft be made and fent, or Notice thereof be given, in Manner and Form above mentioned : Neverthelefs, every Drawer of fuch Bill fhall be liable to m.ike Payment of Cofts, Damages, and Intereft upon fuch Inland: Bill, if any one Proteft be made of Non-acceptance, or Non-payment thereof, and Notice thereof be fent, given or left as aforefaid. VI. Provided, That no fuch Proteft fhall be neceflary, either for Non-acceptance or Non-payment ofNoProteffnK-- any Inland Bill of Exchange, unlefs the Value be acknowledged and expreffed in fuch Bill to be receiv- ctffary for Non- ed, and unlefs fuch Bill be drawn for the Payment of tvventy Pounds Sterling or upwards; and that the Paymenr, unlefs Proteft, hereby required for Non-acceptance, fhall be inade by fuch Perfons as are appointed by the faid '^e Bill be^drawn recited Aft to proteft Inland Bills of Exchange for Non-payment thereof. ihmAs ' ' "^* VII. And be it further enafted. That from and after the faid firft Day of Alay, if any Perfon doth ac- By whom Proteft cept any fuch Bill of Exchange for and in Satisfaftion of any former Debt, or Sum of Money formerly'l^all be •■nade. due unto him, the fame fhall be accounted and eftcemed a full and compleat Payment of fuch Debt, if Acce t • f fuch Perfon, accepting of any fuch Bill for his Debt, doth not take his due Courfe to obtain Payment Bill efteemeda thereof, by endeavouring to get the fame accepted and paid, and m^ake his Proteft as aforefaid, either for full Payment of Non-acceptance, or Non-payment thereof. - Debt. VIII. Provided, That nothing herein contained fhall extend to difcharge any Remedy, that any Per- pjovifo. fon may have againft the Drawer, Acceptor or Indorfer of fuch Bill. IX. And be it further enafted by the Authority aforefaid. That this Aft fhall continue and be in Force Afl tocdntinue. for the Space of three Years, from the faid firft Day of May, and from thence to the End of the next Sef- 3 '^ears. fion of Parliament, and no longer. [Made perpetual by 7 Anns, c. 25. f. 3.] C A P. X. An Aft for encouraging the Importation of Naval Stores from her Majefty's Plantations in- America. WHEREAS the Royal'Navy, and the Navigation oi England, wherein, under God,, the Wealth, ttCar.'z. r. j». Safety and Strength of this Kingdom.- is fo much concerned^- depends- on the due Supply 'of Stores r^Car. 2. c. f. ' necellary for the fame,, which-.being;now broug.hf in- moftly from- foreign Parts,. in- forergn Shipping, at^iC"'"'*' '•!* ' ex-
 * of E.xchange. (which Acceptance fliall be by the underwriting the fame under the Party's Hand fo ac-
 * cepting) and after the Expiration of three Days after the faid Bill or Bills (hall become due, the Party
 * to whom the faid Bill or Bills are made payable, his Servant, Agent, or Affigns, may, and fhall caufe
 * the fame Bill or Bills to be protefted in Manner as in the faid Aft is enafted : And v/hereas by there be-