No. III. c. 30. notes bills of exchange draughts or undertakings in writing, for the 17 Geo. III. payment of any greater sum of money than twenty shillings and less than the sum of five pounds, or on which twenty shillings and less than the sum of five pounds shall remain undischarged, and being negetiable or transferrable, as shall be issued before the said first day of Janu ary one thousand seven hundred and seventy-eight, shall be and the same are hereby declared and adjudged payable within that part of Great Bri tain called England on demand, any terms restrictions or conditions therein contained to the contrary thereof notwithstanding; and shall be recoverable in such manner or by the like means as is or are directed in or by the said Act with respect to notes bills of exchange or draughts or undertakings in writing therein mentioned to have issued previous to the said twenty-fourth day of June one thousand seven hundred and seventyfive; and that all and every other the powers provisoes limitations restrictions penalties clauses matters and things whatsoever in the said former Act contained with respect thereto, and also with respect to all such notes bills of exchange draughts or undertakings in writing, issued after the said twenty-fourth day of June one thousand seven hundred and seventy-five, shall be and the same are hereby declared to be in force within that part of Great Britain called England, as to all notes bills of exchange or draughts or undertakings in writing for twenty shillings or any greater sum and less than the sum of five pounds, or on which twenty shillings or above that sum and less than five pounds shall remain undischarged, issued after the said first day of January one thousand seven hundred and seventy-eight, and previous thereto respectively and in like manner as if the same respectively had been the object of the said Act at the time of making thereof, save so far as the same or any of them are altered or varied by this present Act. Continuance of this, and former Act. IV. And be it further enacted by the authority aforesaid, That the said former and also this present Act, shall continue in force not only for the residue of the term of five years in the said former Act mentioned, and from thence to the end of the then next session of Parliament, but also for the further term of five years and from thence to the end of the then next session of Parliament. SCHEDULE. [Place] [Date] TWENTY-ONE Days after Date, I promise to pay to A. B. of [Place] or his Order, the Sum of • received by Witness, E. F. And the Indorsement, toties quoties. for Value C. D.' No. IV. 39 & 40 Geo. III. c. 42. 39 & 40 [ No. IV. ] 39 & 40 George III. c. 42.-An Act for the better Observance of Good Friday in certain Cases therein-mentioned.-[16th May 1800.] WHEREAS the Bank of England and bankers in general are often under the necessity of transacting business on Good Friday, for the purpose of receiving money for bills of exchange and promissory notes becoming payable on that day, in consequence whereof many Geo. III. c. 42. persons are prevented observing the same with due solemnity; now, therefore, for the better observance of Good Friday,' be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliainent assembled, and by the authority of the same, That where bills of exchange and promissory notes become due and payable on Good Friday, Where Bills of the same shall from and after the first day of June next ensuing be pay- Exchange and able on the day before Good Friday; and the holder or holders of such Promissory bills of exchange or promissory notes may note and protest the same for Notes become non-payment on the day preceding Good Friday in like manner as if the payable on Good Friday, same had fallen due and become payable on the day preceding Good Fri- the same shall day; and such noting and protests shall have the same effect and operation be payable on at law as if such bills and promissory notes had fallen due and become the Day before, payable on the day preceding Good Friday, in the same manner as is usual and the Holdin the cases of bills of exchange and promissory notes coming due on the day before any Lord's Day, commonly called Sunday, and before the Feast may protest the of the Nativity or Birth-day of our Lord, commonly called Christmas Day. same for Nonpayment on such preceding day. [ No. V. ] 48 George III. c. 88.-An Act to restrain the ers thereof c. 88. WHEREAS various notes bills of exchange and drafts for money for 48 Geo. III. very small sums have for some time past been circulated or negotiated in lieu of cash within that part of Great Britain called England, to the great prejudice of trade and publick credit, and many of such bills and drafts being payable under certain terms and restrictions which the poorer sort of manufacturers artificers labourers and others cannot comply with, otherwise than by being subject to great extortion and abuse: And whereas an Act passed in the fifteenth year of the reign of his present Majesty, intituled An Act to restrain the Negotiation 15 Geo. III. of Promissory Notes and Inland Bills of Exchange under a limited Sum, c. 31. repealed. within that Part of Great Britain called England, for preventing the cir'culating such notes and drafts: And whereas doubts have arisen as to the power of justices of the peace to hear and determine offences under the said Act; and it is therefore expedient that more effectual provisions should be made for enforcing the provisions of the said Act;' be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act the said recited Act shall be and the same is hereby repealed. II. And be it further enacted, That all promissory or other notes bills Promissory of exchange or drafts or undertakings in writing, being negotiable or Notes for less transferrable for the payment of any sum or sums of money or any orders than 20s. denotes or undertakings in writing, being negotiable or transferrable for the clared void. delivery of any goods specifying their value in money, less than the sum of twenty shillings in the whole heretofore made or issued or which shall hereafter be made or issued, shall from and after the first day of October one thousand eight hundred and eight be and the same are hereby declared to be absolutely void and of no effect; any law statute usage or custom to the contrary thereof in anywise notwithstanding. No. V. c. 88. III. And be it further enacted, That if any person or persons shall after the first day of July one thousand eight hundred and eight by any 48 Geo. III. art device or means whatsoever, publish or utter any such notes bills drafts or engagements as aforesaid for a less sum than twenty shillings or on which less than the sum of twenty shillings shall be due, and which shall be in anywise negotiable or transferrable or shall negotiate or transfer the same, every such person shall forfeit and pay for every such offence ing such Notes, 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 Penalty on 201. to 51. Justices may offence. IV. And be it further enacted, That it shall be lawful for any justice determine on or justices of the peace acting for the county riding city or place within such Offences which any offence against this Act shall be committed, to hear and dewithin 20 Days. termine the same in a summary way at any time within twenty days after such offence shall have been committed; and such justice or justices upon any information exhibited or complaint made upon oath in that behalf shall summon the party accused and also the witnesses on either side, and shall examine into the matter of fact, and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witness or witnesses or otherwise, (which oath such justice or justices is or are hereby authorized to administer,) shall convict the offender and adjudge the penalty for such offence. Penalty on Witnesses not attending, 40s. Form of Conviction. Returnable to the Quarter Sessions. Copies of Convictions. Recovery and application of Penalties. V. And be it further enacted, That if any person shall be summoned as a witness to give evidence before such justice or justices, either on the part of the prosecutor or the person accused, and shall neglect or refuse to appear at the time or place to be for that purpose appointed without a reasonable excuse for such his neglect or refusal to be allowed by such justice or justices, then such person shall forfeit for every such offence the sum of forty shillings, to be levied and paid in such manner and by such means as are directed for recovery of other penalties under this Act. VI. And be it further enacted, That the justice or justices before whom any offender shall be convicted as aforesaid, shall cause the said conviction to be made out in the manner and form following; (that is to say,) BE it Remembered, That on the in the Year of our Lord Day of A. B. having appeared before me [or, us] One [or more] of his Ma'jesty's Justices of the Peace [as the case may be] for the County, Riding, City, or Place, [as the case may be] and due proof having been made · upon Oath by One or more credible witness or witnesses, or by Confession of the Party [as the case may be] is convicted of [specifying the offence]. Given under my Hand and Seal [or, our Hands and Seals] the Day and year aforesaid.' Which conviction the said justice or justices shall cause to be returned to the then next general quarter sessions of the peace of the county riding city or place where such conviction was made, to be filed by the clerk of the peace to remain and be kept among the records of such county riding city or place. VII. Provided always, and be it further enacted, That it shall be lawful for any clerk of the peace for any county riding city or place, and he is hereby required upon application made to him by any person or persons for that purpose to cause a copy or copies of any conviction or convictions filed by him under the directions of this Act, to be forthwith delivered to such person or persons upon payment of one shilling for every such copy. VIII. And be it further enacted, That the pecuniary penalties and forfeitures hereby incurred and made payable upon any conviction against this Act, shall be forthwith paid by the person convicted as follows: One moiety of the forfeiture to the informer, and the other moiety to the poor of the parish or place where the offence shall be committed; and in case such person shall refuse or neglect to pay the same, or to give sufficient security to the satisfaction of such justice or justices to prose cute any appeal against such conviction, such justice or justices shall by warrant under his or their hand and seal or hands and seals cause the same to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale, returning the overplus (if any) to the owner; and which said warrant of distress the said justice or justices shall cause to be made out in the mauner and form following; (that is to say,) To the Constable, Headborough, or Tythingman of No. V. 48 Geo. III. c. 88. Form of the Distress. in the County of Warrant of is this Day convicted before me [or, us] One [or more] of his Majesty's Justices of the Peace [as the case may be] for the County of [or, for the of the County of York, or for the Town, Liberty, or District of [as the case may be upon the oath of or Riding a credible Witness or Witnesses [or, by Confession of the Party, as the case may be] for that the said A. B. hath [here set forth the offence] contrary to the Statute in that case made and provided, by reason whereof the said A. B. hath forfeited the Sum of to be distributed as herein is mentioned, which ' he hath refused to pay: These are therefore in his Majesty's name to 'command you to levy the said Sum of by Distress of the Goods and Chattels of him the said A. B. and if within the space ' of Five Days next after such Distress by you taken, the said Sum, together with the reasonable Charges of taking the same, shall not be paid, then that you do sell the said Goods and Chattels so by you distrained, and out of the money arising by such sale, that you do pay 'One-half of the said Sum of ' of to who informed me [or, us, as the case shall be] of the 'said offence, and the other Half of the said Sum of to the Overseer of the Poor of the Parish, Township, or Place where the Offence was committed, to be employed for the Benefit of such Poor, returning the Overplus (if any) upon demand, to the said A. B. the reasonable Charges of taking, keeping, and selling the 'said Distress being first deducted; and if sufficient Distress cannot be found of the Goods and Chattels of the said A. B. whereon to levy the said Sum of that then you certify the same to me, [or, us, as the case shall be] together with this warrant. Given under my Hand and Seal [or, our Hands and Seals] the Day of in the Year of our Lord Party, on return of such Warrants. IX. And be it further enacted, That it shall be lawful for such justice Security for or justices to order such offender to be detained in safe custody until re- appearance of turn may conveniently be had and made to such warrant of distress unless the party so convicted shall give sufficient security to the satis. faction of such justice or justices for his appearance before the said justice or justices on such day as shall be appointed by the said justice or justices for the day of the return of the said warrant or distress (such day not exceeding five days from the taking of such security); which security the said justice or justices is and are hereby empowered to take by way of recognizance or otherwise. X. And be it further enacted, That if upon such return no sufficient Offenders may distress can be had then and in such case the said justice or justices shall be committed and may commit such offender to the common gaol or house of correc- for Want of tion of the county riding division or place where the offence shall be Distress. committed for the space of three calendar months, unless the money forfeited shall be sooner paid, or unless or until such offender thinking him or herself aggrieved by such conviction shall give notice to the informer that he or she intends to appeal to the justices of the peace at the next general quarter sessions of the peace to be holden for the county riding or place wherein the offence shall be committed, and shall enter into recognizance before some justice or justices with two sufficient sureties conditioned to try such appeal and to abide the order of and pay such costs as shall be awarded by the justices at such quarter sessions No. V. c. 88. (which notice of appeal being not less than eight days before the trial 48 Geo. III. thereof such person su aggrieved is hereby empowered to give ;) and the said justices at such sessions upon due proof of such notice being given as aforesaid and of the entering into such recognizance shall hear and finally determine the causes and matters of such appeal in a summary way and award such costs to the parties appealing or appealed against as they the said justices shall think proper; and the determination of such quarter session shall be final binding and conclusive to all intents and purposes. Parishioners may be Wit nesses. Convictions not removable by Certiorari. Limitation of Venue. Treble Costs. c. 93. XI. And be it further enacted, That no person shall be disabled from being a witness in any prosecution for any offence against this Act, by reason of his being an inhabitant of the parish wherein such offence was committed. XII. Provided always, That no proceedings to be had touching the conviction or convictions of any offender or offenders against this Act shall be quashed for want of form or be removed by writ of certiorari or any other writ or process whatsoever into any of his Majesty's courts of record at Westminster. XIII. And be it further enacted, That if any action or suit shall be commenced against any person or persons for any thing done or acted in pursuance of this Act, then and in every such case such action or suit shall be commenced or prosecuted within three calendar months after the fact committed and not afterwards; and the same and every such action or suit shall be brought within the county where the fact was committed and not elsewhere; and the defendant or defendants in every such action or suit shall and may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon and that the same was done in pursuance and by the authority of this Act; and if the same shall appear to have been so done or if any such action or suit shall be brought after the time limited for bringing the same or be brought or laid in any other place than as aforementioned, then the jury shall find for the defendant or defendants; or if the plaintiff or plaintiff's shall become nonsuit or discontinue his her or their action after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs the defendant or defendants shall and may recover treble costs and have the like remedy for the recovery thereof as any defendant or defendants hath or have in any other cases by law. [No. VI. ] 58 Geo. III. c. 93.-An Act to afford Relief to the bond fide Holders of negotiable Securities, without Notice that they were given for a Usurious Consideration.-[10th June 1818.] 58 Geo. III. WHEREAS by the laws now in force all contracts and assurances whatsoever for payment of money made for a usurious consideration are utterly void: And whereas in the course of mercantile transactions negotiable securities often pass into the hands of persons who have discounted the same without any knowledge of the original considerations for which the same were given; and the avoidance of such securities in the hands of such bona fide indorsees without notice is attended with great hardship and injustice; For remedy thereof be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That no bill of exchange or promissory note that shall be drawn or made after the passing of this Act shall, though it may have been given for a usurious consideration or upon a usurious contract, be void in the hands of an indorsee for valuable consideration unless such indorsee had at the time of discounting or paying such consideration for the same actual notice that such bill of exchange or promissory note had been originally given for a usurious consideration or upon a usurious contract. Bill of Exchange or Promissory Note given for a usurious Con sideration not void in the Hands of an Indorsee if he had no Notice thereof. |