every bill or note, and every bill or note muft be written or figned by the person making it, or some one authorized by him for that purpose.

If a perfon figns his name upon a blank paper, ftamped with a bill ftamp, and delivers it to another perfon to draw fuch bill as he may choofe thereon, he (a) is the drawer of any bill to which the ftamp is applicable which fuch person shall draw thereon.

Bills are either Inland or Foreign: inland when made and payable within this kingdom, and foreign, when made or payable abroad.

Inland Bills and Notes feldom confift of more than one part: Foreign Bills in general confift of feveral.

The feveral parts of a Bill are called a Set.

Each part contains a condition that it fhall be payable only fo long as all the others remain unpaid : in other refpects all are of the fame tenor.

the court held the statement fhewed that Jarves did fign for himself and Baily, and gave the Plaintiff judgment.

Erefkine v. Murray, Lord Raym. 1542. In an action on a Bill it was alledged that the Plaintiff made his bill in writing, and thereby requested the Defendant to pay. It was objected on error, that it did not appear that the Plaintiff figned the bill; but it was anfwered, that the allegationthat he made it, and required the Defendant to pay, implied that his name was in it (otherwife he could not request,) and that he or somebody for him wrote it. Judg. ment for the Plaintiff was affirmed.

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(a) Collis v. Emett, 1 H. Bl. 313. Emett figned his name upon a blank paper ftamped with a fhilling bill stamp (the highest stamp then in force for bills) and delivered it to Livefay and Co. that they might draw thereon fuch bill as they should please. They drew one for 15511. at three months date, which was duly transferred to Collis and Co. and Collis & Co. fued Emett thereon. A fpecial verdict was found, principally with a view to another point, and the court held Emett answerable, and the Plaintiff's had judgment.

This condition fhould be inferted in each part, and fhould in each mention every other part of the fet, for if a man with an intention to make a set of three parts fhould omit the condition in the first, and make the second with a condition mentioning the first only, and in the third alone take notice of the other two (which, by the way, is the mode pointed out by (a) Molloy, (b) Malynes, and (c) Marius) he might perhaps in fome cafes be obliged to pay each; for it would be no defence to an action on the second that he had paid the third, nor to an action on the first that he had paid either of the others.

But an omiffion is not, perhaps, material, which upon the face of the condition must necessarily have arifen from a miftake, as if in the enumeration of the feveral parts one of the intermediate ones were to be omitted, for inftance, "Pay this my first of Exchange, fecond and fourth not paid."

Where a bill confifts of feveral parts, each ought to be delivered to the perfon in whofe favour it is made (unless one is forwarded to the Drawee for acceptance, and in that cafe the reft must be so delivered) otherwise there may be difficulties in negotiating the Bill, or obtaining payment.

If a bill or note made (d) within this kingdom be written on paper, parchment, or vellum, fuch paper,

&c.

(a) Book 2. c. 10. §. 14.

(b) Book 3. c. 5. p. 261, 262.

(c) P. 7.

(d) The 31st. G. III. c. 25. § 2. imposes the stamp duty on the paper, &C. on which any bill of Exchange shall be written, but from the conclufion of the

fection

&c. muft, except in a few inftances, be ftamped before (a) the bill or note is written; otherwife the (b) party writing, figning, accepting, or paying it, or

fection which directs that the duty fhall be paid by the perfon making fuck bills, from the 10th fection, which imposes a penalty upon any person writing or figning a bill on unftamped paper, and from the 19th fection, which provides that the paper &c. fhall be stamped before the writing of the bill, and prohibits the stamping it afterwards, it is fufficiently clear the legiflature did not mean to extend it to bilis drawn abroad.

(a) By 31ft G. III. c. 25. § 19. It is enacted, that all vellum, parchment, and paper liable to any stamp duty by that act, fhall, before any of the matters or things thereby charged shall be ingroffed, printed, or written thereupon, be brought to the head office of ftamping vellum, parchment, or paper; and the Commiffioners by themselves, or by their officers employed under them, fhall and may, from time to time, stamp and mark, any quantities or parcels of vellum, parchment, or paper, before any of the matters or things thereby charged fhall be engroffed, printed, or written thereupon, upon payment of the several duties payable for the fame by virtue of this act. And no bill of exchange, promiffory note, or other note, draught, or order, liable to the duties by this act imposed, or any of them, shall be pleaded or given in evidence in any Court, or admitted in any Court to be good, useful, or available in Law or Equity, unless the vellum, parchment, or paper, on which such bill of exchange, promiffory note, or other note, draught, or order, receipt, difcharge, acquittance, note, memorandum, or writing shall be ingroffed, printed, written, or made, shall be stamped or marked with a lawful flamp or mark, to denote the rate or duty as by that act is directed, or fome higher rate or duty in that act contained; and it shall not be lawful for the said Commiffioners, or their officers, to ftamp or mark any vellum, parchment, or paper, with any stamp or mark directed to be used or provided by virtue of that act, at any time after any bill of exchange, promiffory note, or other note, draught, or order, shall be ingroffed, written, or printed thereon, under any pretence whatever.

(b) By 31ft G. III. c 25. § 10. It is enacted, That all and every perfon or perfous, who from and after the faid 1ft day of August 1791, fhall' write or fign, or caufe to be written or figned, or who fhall accept or pay, or caufe to be accepted or paid, any bill of Exchange, Promiffory Note, or other Note, Draught, or Order, liable to any of the duties by that Act impofed, without the fame being first duly ftamped or marked with a proper ftamp or mark in the manner therein prescribed, or upon which there fhall not be fome stamp or mark refembling the fame, hall for every fuch offence forfeit and pay the fum of twenty pounds.

caufing

caufing it to be accepted or paid, will be liable to a penalty of twenty pounds, and the bill or note will not be available in law or equity.

Bills and notes need not be stamped, which (a) are issued by the Bank of England, or for the payment of lefs than forty fhillings or (b) (in cafe of bills) which bear date before or on the day when they are issued, and at the place from whence they are drawn and issued, and are drawn upon a banker, or person acting as fuch, and residing or transacting the buffness of a banker within ten miles of the place where they are actually drawn and iffued, and payable to the bearer on demand.

On (c) other bills and notes, the proper stamp for

fuch

(a) By 31 G. III. c. 25. § 5. It is enacted that all notes and bills whatever, which shall be iffued by or on account of the Governor and Company of the Bank of England, fhall be freed and exempted from all and every the stamp duties therein impofed, upon the terms and conditions that the faid Governor and Company of the Bank of England shall pay into the receipt of his Majesty's Exchequer at Westminster, the full annual sum of 12000l. by equal half yearly payments, to be made on or before the 10th day of October, and the 5th day of April in every year, the first payment thereof to be made on or before the 10th day of October, 1791.

(b) By 31 G. III. c. 25. § 4. It is enacted that nothing in that act contained fhall extend, or be conftrued to extend, to charge any draught, or order for the payment of money to the bearer on demand, bearing date on or before the day on which the fame fhall be issued, and at the place from which the fame shall be drawn and iffued, and drawn upon any Banker or Bankers, or perfon or perfons acting as a Banker or Bankers, and refiding and transacting the business of a Banker or Bankers within ten miles of the place where fuch draught or order fhall be actually drawn and iffued.

(c) By 31 G. III. c. 25. § 2. It is enacted, that from and after the 1ft day of August, 1791, there shall be raised, levied, colle&ed, and paid, throughout the kingdom of Great Britain, the feveral new rates and duties follow ing; that is to say,

For every piece of vellum or parchment, or fheet or piece of paper, upon which any bill of exchange, draught, or order for the payment of money on demand

fuch bills as are for the payment on (a) demand of any fum amounting to 40s. and not exceeding 51. 5s. is

demand, fhall be ingroffed, written, or printed, where the fum expreffed therein, or made payable thereby, fhall amount to 40s, and fhall not exceed 51. 5s. there shall be charged a stamp duty of 3d. and where fuch fum shall exceed 51. 55. and shall not exceed gol. a stamp duty of 6d. and where fuch fum fhall-exceed gol, and fhall not exceed 50l. a stamp duty of gd. and where fuch fum fhall exceed 50l. and fhall not exceed 100l. a ftamp duty of 15. and where fuch fum fhall exceed 100l. and shall not exceed 2001. a ftamp duty of 1s. 6d.

For every piece of vellum, or parchment, or sheet or piece of paper, upon which any Promiffory note, or other note for the payment of money to the bearer on demand, which may be re-issuable from time to time after payment at the place where the fame was first issued, in the manner therein after directed, (See fect. 7) but not otherwise, shall be ingrossed, written, or printed, where the fum expreffed therein, or made payable thereby, shall amount to 40s. and shall not exceed 51. 5s. there shall be charged a stamp duty of 3d and where such sum shall exceed 51. 5s. and shall not exceed 30l. aftamp duty of 6d. and where such sum fhall exceed gol. and shall not exceed 50l. a ftamp duty of gd. and where such sum shall exceed 50l. and fhall not exceed 100l. a ftamp duty of 1s., and where fuch fum fhall exceed 100l. and shall not exceed 2001. a ftamp duty of 1s. 6d.

For every piece of vellum or parchment, or sheet or piece of paper, upon which any Promiffory note, or other note for the payment of money to the bearer on demand, which may be re-iffued from time to time after any payment at the same place, or at any other place than where the fame was first issued in the manner therein after directed, (See fect. 8) shall be ingroffed, written or printed, where the fum expreffed therein or made payable thereby shall amount to 40s. and fhall-not exceed 51. 5s. there fhall be charged a ftamp duty of 6d. and where fuch fum fhall exceed 51. 5s. and shall not exceed 30l. a ftamp duty of 1s.

For every piece of vellum or parchment, or sheet or piece of paper, upon which any bill of exchange, draught, or order, payable otherwise than on demand, or any promiffory note, or other note payable otherwife than to the bearer on demand, shall be ingroffed, written, or printed, where the fum expressed therein, or made payable thereby, shall amount to 40s. and fhall not exceed gol. there fhall be charged a ftamp duty of 6d. and where fuch fum fhall exceed gol. and fhall not exceed 50l. a stamp duty of 9d. and where fuch fum fhall exceed 50l. and fhall not exceed 100l. a stamp duty of 15. and where fuch fum fhall exceed 100l. and fhall not exceed 2001. a ftamp duty of as. 6d.

For