In p. 54. the Sentences begining "This Waiver" and "The Oblig fhould be tranfposed. P. 61. in the Note, l. 13. for "paying" read " 'buying" P. 72. in the first line of the laft Note, for "Gall v. Walsh,' "Gale v. Walsh." P. 78. in the 11th line of the first Note for "an acceptance' 46 TABLE OF CONTENTS. CA P. I. What a Bill and Note is, their Form, and O bli- gation Page CAP. III. САР. IV. What a Bill and Note is, their Form, and Obliga A Bill of Exchange may be defined to written order or requeft, and a Promiffory a written promife, for the payment of m abfolutely and at all events, the one owing existence and privileges to the law and cu of Merchants, the other to the 3d and 4th A c. 9. (a). (a) Before the Statute of Queen Anne many attempts were made Promiffory Notes on the footing of Bills of Exchange, but without vide Pearson v. Garrett, 4 Mod. 242. Clerke v. Martin, Lord Raym Salk. 129. Burton v. Souter, Lord Raym. 774 and Williams v. C Lord Raym. 825. Salk, 24. 7 Mod. 154. 11 Mod. 24. and fee 4 Terr 151, 152. By the 3d and 4th Anne, c. 9. §. 1. Whereas it hath been held Notes in writing, figned by the party who makes the fame, w 'fuch party promises to pay unto any other person, or his order, a of money therein mentioned, are not affignable or indorfable within the custom of Merchants, to any other person; and that fuch to whom the fum of money mentioned in fuch Note is payable, canno 'tain an action by the custom of Merchants against the person w • made and figned the fame; and that any person to whom fuch Note be affigned, indorsed, or made payable, could not within the faid ' of Merchants, maintain any action upon fuch Note against the who first drew and figned the fame;' Therefore, to the intent to en trade and commerce, which will be much advanced, if such Not have the fame effect as inland Bills of Exchange, and shall be negot like manner; Be it enacted, that all Notes in writing, that after the of May, in the year of our Lord 1705, shall be made and figned by a B The perfon who makes a Bill is called the Drawer, the person to whom it is addreffed the Drawee, and the person in whofe favour it is made the Payee. If the Drawee accepts the Bill, he is called the Acceptor. The perfon who makes a Note is called the Maker, and the perfon to whom it is payable the Payee. When a Bill or Note is indorfed, the perfon indorfing it, is called the Indorfer, the perfon to whom it is indorfed the Indorfee. A Note while in the hands of the Payee, has this refemblance to a Bill, that it is for the payment of fon or perfons, Body Politic or Corporate, or by the Servant or Agent of any Corporation, Banker, Goldsmith, Merchant, or Trader, who is usually intrufted by him, her, or them, to fign fuch Promi Tory Notes for him, her, or them, whereby fuch perfon or perfons, body Politic and Corporate, his, her, or their Servant or Agent as aforefaid, doth or fhall promise to pay to any other perfon or perfons, body Politic and Corporate, his, her, or their Order or unto Bearer, any fum of money mentioned in fuch Note, fhall be taken and construed to be, by virtue thereof, due and payable to any fuch perfon or perfons, body Politic and Corporate, to whom the fame is made payable, and also every such Note payable to any person or perfons, body Politic and Corporate, his, her, or their order, fhall be affignable or indorfable over, in the fame manner as inland Bills of Exchange are or may be, according to the custom of Merchants; and that the perfon and perfons, body Politic and Corporate, to whom fuch fum of money is or fhall be by fuch Note made payable, fhall and may maintain an action for the fame, in fuch manner as he, fhe, or they might do, upon any inland Bill of Exchange, made or drawn according to the custom of Merchants, against the perfon or perfons, body Politic and Corporate, who, or whose Servant or Agent as aforefaid, figned the fame; and that any perfon or perfons, body Politic and Corporate, to whom fuch Note, that is payable to any perfon or perfons, body Politic and Corpo. rate, his, her, or their order, is indorsed or affigned, or the Money therein mentioned ordered to be paid by Indorfement thereon, fhall and may maintain his, her, or their Action for fuch fum of Money, either against the person or perfons, body Politic and Corporate, who, or whofe Servant or Agent as aforefaid, figned fuch Note, or against any of the perfons who indorsed the fame, in like manner as in cafes of Inland Bills of Exchange. money money abfolutely and at all events, and when transferred it is exactly fimilar to a Bill of Exchange (a). No particular (b) words are neceffary to make a Bill or Note; any order or promife which from the time of making it cannot be complied with or performed without the payment of money, is a Bill or Note. Thus an order or promife to (c) deliver, or that I. S. (d) fhall receive Money, or to be (e) accountable (a) In Heylin v. Adamfon, Burr. 669. The queftion was, Whether the Indorfee of a Bill was bound to make a demand upon the Drawer as the Indorfee of a Note must upon the Maker, and per Lord Mansfield "while a Note "continues in its original shape of a promise from one man to another it bears "no fimilitude to a Bill: but when it is indorfed, the refemblance begins ❝for then it is an order by the Indorfer upon the maker to pay the Indorfee, "which is the very definition of a Bill: the Indorfer is the Drawer, the "Maker of the Note the Acceptor; and the Indorfce, the perfon to whom it is made payable, and all the authorities, and particularly Lord Hardwicke ❝in a case of Hamerton v. Mackarell, M. 10 G. II. put promiffory Notes on "the fame footing with Bills of Exchange." And in Brown v. Harraden, 4Term Rep. 148. where the Court decided that three days grace should be allowed on Promiffory Notes, Lord Kenyon obferved, That the effect of the Statute was, that Notes were wholly to affume the fhape of Bills, and Buller J. added, that the cafes cited in the argument fhewed clearly, that the Courts of Westminster had thought the analogy between Bills and Notes so strong, that the rules established with refpect to the one ought alfo to prevail as to the other, that the language of the preamble of the A&t was exprefs, that it was the object of the Legislature to put Notes exactly on the fame footing with Bills, and that the enacting part purfued that intention. The fame doctrine is to be found in Carlos v. Fancourt, 5 Term Rep. 482. Edie v. Eaft India Company, Burr. 1224. (b) D. Lord Raym. 1397. Str. 629. 8 Mod. 364. Chadwick v. Allen, Str. 706. A Note was in thefe words, "I do acknow"ledge that Sir Andrew Chadwick has delivered me all the bonds and notes "for which £400. were paid him on account of Col. Synge, and that Sir "Andrew delivered me Major Graham's receipt and bill on me for £10. ❝ which £10. and £15. 5s. balance due to Sir Andrew I am still indebted, "and do promise to pay," and upon demurrer to the declaration, the court held it a note within the ftatute. (c) D. acc. Lord Raym. 1397. (d) D. 8 Mod. 364. (e) Morris v. Lea, Lord Raym. 1396. Str. 629. 8 Mod. 362. Plaintiff fued as Indorfee upon a Note by which the Defendant promifed to be accountable to |