Selected quad for the lemma: friend_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
friend_n	indebt_v	party_n	payable_a	12	3	15.8548	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57390	The merchants map of commerce wherein the universal manner and matter relating to trade and merchandize are fully treated of, the standard and current coins of most princes and republicks observ'd, the real and imaginary coins of accounts and exchanges express'd, the natural products and artificial commodities and manufactures for transportation declar'd, the weights and measures of all eminent cities and towns of traffick in the universe, collected one into another, and all reduc'd to the meridian of commerce practis'd in the famous city of London / by Lewis Roberts, merchant.	Roberts, Lewes, 1596-1640.; Mun, Thomas, 1571-1641. England's benefit and advantage by foreign-trade.; Marius, John. Advice concerning bills of exchange.	1700 (1700)	Wing R1601_PARTIAL; Wing M608_PARTIAL; ESTC R1436	687,097	516

3. The Party that is to pay the Bill for the Taker directs the Bill to his Friend or Servant to pay the same Now this way of Exchange is very useful according as occasion may be For suppose I were to go from London to Plimouth there to employ some Monies in the buying of some Coromodity I deliver my Monies here in London to some body who gives me his Bill of Exchange on his Friend Factor or Servant at Plimouth payable to my self so I carry the Bill along with me and receive my Mony my self by virtue thereof at Plimouth Another way wherein only three Persons are needful in the Negotiation of Monies by Exchange namely First the Drawer Secondly the Party on whom it is drawn Thirdly the Party to whom it is payable 1. The Drawer having Monies in his hands belonging to the Party to whom he orders the Bill to be paid doth make a Bill of Exchange himself confessing the value received in his own hand 2. Charging it on his Friend or Factor 3. Payable to the Party to whom he was indebted There is yet one way more wherein Monies may be remitted by Exchange only with the help of three Persons 1. The Taker 2. The Deliverer 3. The Party to whom payable As thus If I were at Dartmouth or Exon and intended to come to London I would take up Monies by Exchange at Dartmouth or Exon and subscribe Bills of Exchange for the same confessing the Value received of the Deliverer directed or drawn on my self payable to whom the Deliverer should appoint in London Two Persons to make an Exchange LIkewise a Parcel of Money may be done by Exchange between two Persons First the Drawer and secondly the Party on whom it is drawn the Drawer he makes a Bill of Exchange payable to himself or Order for the Value in himself and subscribes the Bill and directs it to the Party that owes him Money and is to pay it by Exchange by which Bill when the Party on whom it is drawn hath accepted it he becometh Debtor to the Drawer and he before the Bill falls due doth negotiate the Parcel with another Man and so draws in the Money at the place where he liveth and makes only an Assignment on the Bill payable to him of whom he hath received the Value The Usefulness of framing Bills of Exchange after these several Forms before-mentioned will be found out according as each Man's Occasion shall present in his Trade and Commerce by Exchange which is so necessary that there is fearce a Merchant but at some time or other one way or other doth either receive or pay Monies by Bills of Exchange All these manner of Exchanges before-mentioned are termed Real Exchange because it is a thing really done and the Mony really Exchanged from one place to another There are other Exchanges of Monies so called but improperly as Dry Exchange Feigned or Imaginary Exchange Small or Petty Exchange Dry Exchange DRY Exchange is when I having occasion for Monies desire a Banker to lend me 100 l. at Interest for a certain time the Banker unwilling to deliver at Interest offers me 100 l. by Exchange for Amsterdam whereunto I agree but not having any Correspondence there the Banker bids me make my Bills of Exchange for so much Mony to be paid at double or treble Usance at Amsterdam by any imaginary Body at the Price the Exchange shall there go at which I do the time being run out comes a Protest from Amsterdam for Non-payment with their Exchange of the Mony from Amsterdam to London all which with Costs I must repay him here in London for the Mony he lent me Feigned Exchange FEigned Exchange is when I ow a Banker Monies and have none at present to pay I desire time the Banker grants it me but I am to pay him his Mony by Exchange at the time at Rouen yet we are agreed between our selves that if I pay it him here in London at the time then I am free otherwise I am bound as above In the interim the Banker writes to his Friend at Rouen that against such a time he send him from thence a Bill of Exchange for the like Sum feigning that he oweth it him there After the time is expired comes a Bill of Exchange from Rouen to pay here so much as he owed there with the Rechange all which the Banker puts to my Accompt and per our Agreement will force me to pay in case I do not pay him here at the time agreed upon Petty Exchange PEtty Exchange is the Changing of one sort of Mony for another as to exchange 20 s. in Silver for 21 s. in Brass or Copper Farthings and the like But these three last-mentioned kinds of Exchanges I intend not to insist upon in this ensuing Treatise in regard they are not so commendable as the Real Exchange nor as I conceive much practised in these parts PAIR PAir as the French call it is to equalize match or make even the Mony of Exchange from one place with that of another when I take up so much Mony per Exchange in one place to pay the just Value thereof in other kind of Mony in another place without having respect to the price currant of Exchange for the same but only to what the Monies are worth and do currantly pass for in each place according whereunto is easily found out the Profit and Loss which from time to time is made in whatever Parcels of Mony drawn or remitted by Exchange and it is likewise delivering Mony at Pair when there is received in one Town just so much Mony as was delivered by Exchange in another Town as when I deliver by Exchange 100 l. sterling at York to receive 100 l. sterling at London which is done only by the Loss of time For what Parts the Exchange is made THE Price of Exchange of Monies from one Country to another is usually made from and to the most eminent Cities or Towns in each Place or Country where Commerce and Trade is held between Merchants in Exchange of Monies and the Trade ceasing at any Town the Price currant for Exchange for that Town ceases with it As for instance when the English Merchant-Adventurers had their Factors and Company at Delft then there was a Price currant of Exchange from London to Delft but the Company removing from Delft to Rotterdam where they are at present there is now no Price currant of Exchange from London to Delft but from London to Rotterdam Upon what the Exchange is valued NOW most Countries using several kinds of Monies different in Value one from another the Exchange is valued or rated upon some one certain most considerable Species or sort of Mony for each Country or Town as followeth The Exchange of Monies from London to Antwerp Amsterdam Middleborough Lisle and Rotterdam is usually accounted and valued on the Pound sterling of 20 s. English Mony that is to say to pay after the

draught made by his Friend upon him whose right another man cannot give away and therefore cannot refuse or discharge the acceptance and when the Bill is due according to the time therein limited I mean the time mentioned in the Bill of Exchange the party to whom the said Bill is payable or his Assigns must demand payment thereof accordingly and in default thereof a second Protest must be made for non-payment and then he may in sending away the Protest but keeping the Bill by him receive the Mony for which it is accepted or at the time it is accepted at unless he have express order to the contrary from the party which did remit the Mony whose order he ought to follow Receive part AND if the Bill be accepted to pay but part of the Mony mentioned in the Bill as is before declared Or that it be accepted in due form for the whole sum but when the Bill falls due the whole sum be not presently paid then you may receive so much Mony as will then be paid thereupon and you may likewise make a receipt on the backside of the Bill for so much Mony as you have received in part of payment thereof But you must presently Protest for non-payment of the remaining sum according as is already here before declared and the receiving part of the Monies upon the Bill doth no ways weaken the Bill or the making Protest for not payment of the remainder or any legal course to be taken for recovery thereof either against the Drawer or Acceptor but it rather strengthens the same for there will be less behind to be paid and it will serve to prove it a real debt in regard there is part thereof already paid Bill accepted by another man MOreover if a Bill of Exchange be drawn on John A. and he refuse to accept it Or if John A. be out of Town and have left no legal order for acceptance thereof by Letter of Attorney under his hand and seal in due form And that William C. a Friend of the Drawers will accept the Bill for honour of the Drawer In either of these cases the party to whom the said Bill is payable or his Assigns ought in the first place to cause Protest to be made for non-acceptance by John A. and then he may take the acceptance of William C. for honour of the Drawer for otherwise the Drawer may alledge that he did not draw the Bill on William C. but on John A. and therefore according to custom of Merchants diligence ought to be first used towards John A. and by Protest legally to prove his want of acceptance Or else Order and Commission is broken and so the damage which may happen for want of having the acceptance of John A. or his refusal for not having given order will be put upon him who had the Bill sent unto him to be gotten accepted for you ought to respect your Friends good as your own How to reckon the time A Bill of Exchange dated the second of March new stile which is the twentieth of February old stile except in Leap-year which will be then the twenty first of February payable in London at double usance will be due the two and twentieth of April old stile and not the twentieth of April as some do erroniously imagine who would deduct the ten days to reduce the new stile to old stile at the end of the double usance and so they would go as far as the second of May new stile and then go backwards ten days when of right they should go forwards from the date of old stile relating to the place where it is payable and reckon the double usance from the very date of the Bill thus A Bill dated the second of March new stile is the twentieth of February old stile February having but twenty eight days for the twentienth of February old stile is the second of March new stile even to the very day of the week so from the twentieth of February to the twenty third of March is one usance and from the twenty third of March to the twenty second of April there is another usance and so in like manner if a Bill of Exchange be dated the tenth of March new stile which is the last of February old stile payable at treble usance such a Bill will be due the last of May in London and not the twenty eighth of May as some do imagine because February hath but twenty eight days Also if a Bill be dated the eighth of January in Rouen payable at double usance in London it will fall due the twenty sixth of February and if from that date payable at treble usance it will fall due the twenty ninth of March as is manifest by the Almanack or Table at the end of this Book for you must always count your usances from the very date of the Bill as I have made evidently appear by what hath been before declared concerning usances And I have seen divers Bill of Exchange which have been sent from beyond the Seas wherein the Drawers have written the old and new stile both together in the date of their Bills one above another thus Amsterdam adj 3 13 February 1654 55 for 200 l. sterl Middleborough adj ● March 1654 55 for 150 l. sterl Adj. 27 March 1655. 6 April 1655. in Genoua Dol●… 245 at 57 d. L 58-3-9 d sterl And the like which is very plain and commendable in those that do so write thereby to make things evident to the capacity of the weakest and to avoid any further disputes thereupon although in those Bills of Exchange where the old and new stile are not positively expressed yet the same thing is intended and meant and ought to be understood as if particularly set down for if you have the date in new stile you may soon see what date it is in old stile And I have taken the more pains to make this out to every mans understanding because I do perceive that many men for their own advantage and in their own case are subject to be byassed and judge amiss but I conceive I have herein so clearly evidenced the truth and reason of my opinion that it cannot but convince those that are or have been of a contrary judgment of their error and mistake except they are wilfully blind and then none so blind Or that they can give me any better reason for their contrary opinion and then I will submit unto them for all Bills of Exchange as I have said before and is notoriously known and assented unto by all which are made payable at usances must bereckoned directly from the date of the Bill which if it be new stile and payable in London or any other place where they write old stile the date must first be found out in the old stile and then count forward and you cannot mistake Half Usance HAlf usance is always reckoned fifteen days from the date of the Bill neither more

made thereupon as I have shew'd before my Advice is That the Receipt which he shall take for the Mony by him paid be made and written under the Protest and Act but not upon the original accepted Bill of Exchange for divers Reasons which I could give but especially I approve of a Receipt upon the Protest and not on the Bill that so thereby he may still keep the Bill free as not being satisfi'd by those whom it particularly did concern only if he will let the Party to whom the Bill is payable and to whom the Mony is paid subscribe his Name on the backside of the Bill to a blank and let the Protest and Act be sent and returned to the Party for whose account he doth honour the Bill but let him keep the accepted Bill by him to be ready upon all occasions against the Acceptor Bill must not be paid before due IF a Bill of Exchange be made payable at usance double usance thirty days sight or at any longer or shorter time and when the Bill shall be presented to the Party on whom it is drawn to be accepted or at any time before the Bill is due he to whom it is payable shall desire to have the Mony presently paid him by way of anticipation before it be due by the tenour of the Bill and thereupon shall offer to rebate for the time Or if the Party to whom the said Bill is directed having some Monies by him and willing to make some Profit thereof shall of his own accord offer him to whom it is made payable to pay him the Mony presently before the time limited in the Bill of Exchange be expir'd in case he will discount for it or allow him some consideration for the time the Party who shall so pay Mony upon any Bill of Exchange before it be due runs in some danger in not observing Order Indeed he to whom it is payable and who does receive the same is in no danger at all by receiving the Mony before it be due but let him beware that so pays it for if the Mony or Parcel which is remitted be really and properly belonging to the Party which deliver'd the same by Exchange to the subscribed of the Bill and if the Bill be made payable to a Factor Servant Agent or Friend of the Deliverer's only to and for the Deliverer's use and if before the Bill is due the Deliverer do send his Countermand as he may do not to pay the Mony to such his Factor Servant Agent or Friend to whom it was payable by the tenour of the Bill but to some other whom he shall appoint In this case he on whom the Bill is drawn ought to be liable to the Payment thereof according to that Countermand to the Party who shall be thereupon so appointed for as it is not properly in his power I mean in the power of the Party on whom the Bill is drawn to prolong the time of Payment so as that he may chuse if he will pay the Mony at the time limited in the Bill or make the Party to whom it was payable to carry any longer for it neither can that Party to whom the Bill is payable in the case before mention'd warrantably shorten the time limited and appointed in the Bill or agree with the Party on whom it is drawn to pay him the Mony before it be due for the bargain is made between the Deliverer and the Taker and respect ought to be had thereunto and altho this case of countermand doth not ordinarily and commonly happen yet it may happen and I have known it come to pass and who can certainly assure himself that the same will not befal him in his Payment of Monies on any Bill of Exchange before it be due For my part the Advice which I desire to give herein is such as may be for the Security of him that parts with his Mony that he may do it upon good grounds and so may be warrantably discharged but that he cannot well be in breaking Order wherefore I shall never advise any to pay Mony on Bills of Exchange before they be due Second Bill with an Assignment IF a second unaccepted Bill of Exchange be sent to you from the Party to whom it is payable with an Assignment on the backside thereof ordering the Payment to made to your self for the Value received of your Friend or Factor presently upon receipt thereof you must present or cause the same to be presented to the Party on whom it is drawn to be by him accepted unless you have the first Bill already accepted If the Party on whom it is drawn do refuse to accept the second Bill pretending that he hath already accepted the first Bill to another Man unknown or that he cannot name unto you or if you cannot be actually possess'd of that first accepted Bill you ought upon refusal of Acceptance to cause Protest to be made for Non-acceptance of that second Bill that so upon sending away the Protest security may be given to your Friend or Factor that the Mony shall be paid to you at the time or at leastwise Protest to be entred for the Party to whom the Bill is directed is not bound by your second Bill to the Payment of the Mony to you till he accept the Bills of Exchange according to Custom of Merchants unless he have already accepted the first Bill and the same be in your custody for tho as well the Subscribed or Drawer of the Bill of Exchange as the Party who underwrites the Assignment confessing the Value receiv'd and likewise the Acceptor of the Bill are all of them liable and bound in the Bill of Exchange yet they are not all immediately bound either to the Deliverer or the Party to whom the Bill is payable but each Party is bound to him with whom he doth more immediately correspond as I have more particularly before declar'd Party dead which accepted IF the Party to whom your Bill of Exchange is directed to accept the Bill and then if he shall afterwards happen to die before your Bill is due you must at the appointed time for payment demand the Mony of his Executors or Administrators at his mortuary House or last Dwelling-house or Place of abode and upon their Refusal or Delay of payment you must protest for Non payment in the same manner as you would have done if the Party on whom the Bill was drawn had been living and had not paid it at the time Party dead to whom payable IF the Party to whom a Bill of Exchange is made payable be dead at the time when it falls due and his Executor or Administrator have not yet prov'd the Will nor taken out Letters of Administration nevertheless you must not omit to make Demand of the Mony at the just time limited in the Bill and if you offer Security to save harmless against the Executors and Administrators of the deceas'd Party and it be refus'd

to Custom and the Drawer is justly to bear the Charges thereof for his Omission and Oversight tho I cannot see but if the Party to whom the Bill is presented to be accepted have likewise Advice thereof and sufficient ground or reason to have accepteed it if the Bill had had a Direction on it to himself he may accept the Bill altho the Direction to him be omitted but it must be confess'd it is an Oversight and an Error in the Drawer in omitting to direct his Bill of Exchange and if his Friend do suffer it to be protested I conceive he shall have sufficiently punish'd him for his Error The Drawer repays the Value upon Protest IF a Bill of Exchange be made payable to one Man for the Value receiv'd of another and the Party on whom the Bill is drawn hath accepted it but when it falls due fails in the Payment whereupon Protest is made and by virtue of this Protest the Party who deliver'd the Value recovers Satisfaction of the Drawer In this case the Drawer is freely discharg'd against the Party or Parties to whom the said Bill was made payable either immediately in the Bill or mediately by Assignment or Assignments were they never so many upon it So that neither he to whom the Bill was first made payable nor any other to whom it shall be assign'd in any manner whatever ought to molest or trouble the Drawer or legally according to the Law of Merchants can sue or prosecute the Drawer he having already repay'd the Mony to the right Party whose Receipt and Discharge for the same is a sufficient Release from all further Trouble which may happen Neither can he to whom the Bill is first made payable if but an Assigne of the Deliverer prosecute the Acceptor after the Drawer has given Satisfaction to the Party who deliver'd the Value no more than my Assign can protest and prosecute a Surety upon a Bond payable to me or my Assigns after I have receiv'd Satisfaction from the Principal for tho I must confess in this case the Acceptor is not totally discharg'd for it is suppos'd he did accept the Bill by order of the Drawer or for some other account to whom therefore he must be responsible Yet in reference to the Party who first deliver'd the Value and the Party to whom the Bill was payable supposing himself to be but an Assigné of the Deliverer the Acceptor doth but confirm what the Drawer has done and the Drawer having made Refaction to the Deliverer the Acceptor is likewise discharg'd against the Deliverer and against the Party to whom the Bill was first payable if he be but an Assigné but the Acceptor by virtue of his Acceptance makes himself Debitor and is still liable to the Drawer or to the accompt for which he accepted the Bill till satisfaction be given Letters of Credit THE chiefest means of Correspondence and Trade between Merchant and Merchant from one Place or Country to another doth consist and is born up by Letters missive from one to the other which Letters if not countermanded are binding and may serve for sufficient proof according to the Law of Merchants in case of dispute and therefore it is that Merchants do usually keep Copies of their Letters which they write to their Correspondents by which they know how to order their affairs and to whom they are bound and these Letters have divers appellations tho they serve all for Advice and Order yet some are more particularly call'd Letters of Commission others Letters of Advice others are call'd Freight-Letters and others Letters of Credit Letters of Commission are for buying or selling of Goods freighting Ships taking up Mony or remitting Mony by Exchange or the like Letters of Advice are such as I write to my Friend Servant Correspondent or Principal advising them of Monies drawn or remitted by Exchange Freight-Letters are such as are written upon the Freighting or taking to Freight any Ship or Vessel or any Tunnage thereof informing what Tunnage is taken to freight and what Freight is to be paid for the same Letters of Credit are properly such as are written to furnish Monies by Exchange upon the Credit of him who writes the Letter these Letters of Credit in regard they do more immediately concern the Credit and Honour of the Party who writes the same supposing him to be a Merchant or Trader whose best and chiefest Subsistance is Credit must needs be of greatest concern and most binding by or from the Party or Parties who under-write or subscribe the same to those to whom they are directed or who are concern'd therein in case he or they shall comply therewith because the Credit of him who under-writes the Letter is thereby vindicated and his Honour Repute and Esteem much manifested Now Letters of Credit for the furnishing of Monies by Exchange are of two sorts the one General the other Special The General Letter of Credit is when I write my open Letter directed to all Merchants and others that shall furnish Monies to such and such Persons upon this my Letter of Credit in and by which I bind my self that what Monies shall be by them deliver'd unto the Party or Parties therein mention'd within such a time at such and such Rates or in general terms at the Price currant I do thereby bind my self to be accountable and answerable for the same to be repaid according to the Bill or Bills of Exchange which upon receipt of the Mony so furnish'd shall be given or deliver'd for the same and if any Mony be furnish'd upon such my General Letter of Credit and Bills of Exchange therefore given and charg'd drawn or directed to me altho when the Bills come to hand and are presented to me I should refuse to accept thereof yet according to the Custom of Merchants I am bound and liable to the payment of those Bills of Exchange by virtue and force of such my General Letter of Credit because he or they who furnish the Mony have not so much if any respect to the Sufficiency or Ability of the Party who takes up the Mony as to me who have given my Letter of Credit for the same and upon whose Credit meerly those Monies may be properly said to have been deliver'd The Special Letter of Credit is when a Merchant at the Request of another Man writes his open Letter of Credit directed to his Factor Agent or Correspondent giving him order to furnish such or such a Man by name with such or such a Sum of Mony at one or more times and charge it to accompt of the Merchant who gives the Letter of Credit and takes Bills of Exchange or Receipts for the same Particular Letters of Credit are usually writ and subscribed with the own hand of the Merchant that grants them wherein it is very expedient as well for the certainty of him who is to furnish the Monies that he may be sure the Letters come directly from the

is with this proviso that protest be made in due time and lawful diligence used for receipt of the mony by the party to whom it is payable according to his duty that so the Drawer may not suffer through his neglect It is good to walk securely there is no danger at all in protesting within the three days after a Bill of Exchange is due but there may be danger in forbearing to protest within that time Wherefore my advice is let the party up on whom the Bill is drawn be never so good and able a man if he do not pay within the time accustomed cause the Bill presently to be protested for non-payment Bill payable at a prefixt day A Bill of Exchange made at any part beyond the seas where they dousually write new stile which is ten days before our English stile being old stile and such a bill being made payable on such or such a day of such or such a month you must know in this case that you have nothing to do with the date of the Bill but you are only to look to the day of the month positively expressed in the Bill and that very day of the month according to our stile here in England must be expired before the bill will be due and a bill so made payable is not to be understood on such or such a day new stile except the same be so particularly expressed but on such or such a day old stile according to the stile and usual computation observed at the place where it is made payable As for instance suppose a Bill of Exchange were made payable in this manner following Laus Deo in Amsterdam the 7th of February 1655. for 200 l. sterling ON the ninth day of March next pay this my first Bill of Exchange to Mr. Robert W. or his assigns the sum of two hundred pounds sterling for the value received of Mr. Charles D. and put it to account as per advice Francis P. To Mr. George H. Merchant in London P ● This Bill of Exchange will not be due until the ninth day of March English stile and it cannot be accounted due as some would have it on the twenty seventh of February old stile which is the ninth of March new stile for it relates to the stile of the place where the bill is made payable and not to the computation of the place or country where the Bill is dated For suppose now Mr. Robert W. in the Bill mentioned should demand payment of this Bill on the last of February and first of March old stile and Mr. George H. should tell him that he would pay it the ninth of March our stile when due according to the tenor of the Bill and not before I would fain know how any Notary if he understand himself can protest upon such an answer or can draw out any legal protest for non payment before the ninth of March old stile be expired For pray observe if the Notary dateth his protest for non-payment on any day before the ninth of March old stile according to the computation of the place where the bill is payable he will make his protest bear date before the bill is due and so will be illegally made and even the protest it self will carry that along with it which will certainly cut its own throat for the bill is made payable the ninth and the protest will bear date before the day of payment be come as may evidently appear And yet this very case to my knowledge hath stumbled a Merchant of no small rank and commerce in Bills of Exchange who having such a Bill of Exchange payable to him would fam have persuaded himself for the acceptor nor me he could not that the bill would be due the 27 old stile and if the party on whom the bill was drawn would not so accept it my Merchant was very earnest to have a protest made whereupon to make things plain and thereby convince him of his errour I directed the acceptor to underwrite the Bill thus Accepted to pay the ninth of March according to the tenor of the Bill which when my Merchant beheld and well considered he perceived his error and well approved of the acceptance for it was good and so tarryed till the ninth of March for his mony as he ought to do Acceptance by Wife or Servant A Mans Wife or Friend or Servant cannot accept a Bill of Exchange for him in his absence without sufficient authority from him by a Letter of Attorny under his hand and seal delivered in the presence of sufficient witness for the doing thereof a mans word as if he should say to his Wife Friend or Servant If any Bills of Exchange shall come drawn on me in my absence accept them for me is not sufficient neither will a bare Letter serve written to his Wife Friend or Servant but there must be hand and seal and witnesses which if occasion be may prove his legal consent to such acceptance For indeed it is against reason that any man should be bound to the payment of any sum of mony without valuable consideration or without his own free consent It is true if the Wife or Servant have formerly accepted several Bills of Exchange in the like kind and when the party on whom they were drawn hath come to town he hath approved thereof and paid the bills at the time and so the Wife or Servant are wont to do from time to time and that this can be proved I conceive it will come very close to him but we hold a legal order for acceptance ought to be granted by Letter of Attorny under hand and seal as I have already shewed A Bill drawn at one place and payable at another IF a Bill of Exchange be drawn upon a man living at one place or City and pay able to a man living at another place and that the mony is not to be paid in the City or Town where the party on whom the bill is drawn doth dwell but in some other City or Town where the party to whom the Bill is payable doth live or at a place for and at which there is a usual course of Exchange and that the party on whom the Bill is drawn doth dwell some score of miles off from thence Such a Bill as this so soon as it comes to your hands you may send it down to some friend in the same Town where he on whom it is drawn doth live to get acceptance thereof and then to be returned to you but when the Bill falls due you need not seek farther for payment than at the house or in the place where the Bill is made payable and in default thereof you must there cause protest to be made in due form As for instance suppose a Bill of Exchange be drawn from Rouen and directed thus To Mr. William P. Merchant at Southampton but made payable thus Pay this my first of Exchange to Mr. Samuel B.

you must protest for Non-payment Bill without Assignment IN like manner if you have a Bill of Exchange sent to you to get to be accepted payable to another Man and the Bill being accepted and due you have not an Assignment on the Bill from the Party to whom it is payable ordering it to be paid unto you according to Custom of Merchants you must make demand of the Mony upon that accepted Bill without an Assignment and you must offer to give Security to save harmless against the Party to whom the Bill is made payable and all others and if your Proffer be refused you must protest for Non-payment No such Man to be found IF your Bill of Exchange be directed suppose to Nathaniel Q. Merchant in London and you shall have enquir'd on the Royal Exchange and other parts of the City for such a Merchant and shall not be able to find him out or any body that knows him or that indeed there be none of that Name in London then you must carry your Bill to a Notary publick and he must protest thereupon in due form No body at home IF a Bill of Exchange is sent you to get accepted and there be no body at home at the House or Place of abode of the Party on whom the Bill is drawn Or if when your Bill is due you cannot meet the Party at home nor any one else to pay the Mony on his behalf you must cause Protest to be made either for Non-acceptance or Non-payment at his Dwelling-house or Lodging in his Absence which is as effectual according to the known Law of Merchants and the Rules of Equity being made in seasonable time as if the same had been made speaking to him in Person for you cannot be bound it being beyond your power to make him on whom the Bill is drawn abide at home but in reason he is bound to attend his own business at seasonable hours and it concerns him to keep a good Correspondence with his Friends especially in matters of Bills of Exchange whereof he cannot be ignorant No avoiding a Protest AND the truth is if no Protest could be made legally but in speaking to the Party himself a Protest might be prevented at pleasure but it lies not in the power of him on whom a Bill is drawn to hinder the protesting of the Bill if not by him accepted and paid according to the tenour thereof Figures and Words disagreeing A Bill of Exchange tho written in few Words and contain'd in a small piece of Paper yet is of great Weight and Concern in point of Trade between Merchant and Merchant and therefore ought to be writ very plain and legible and without any Blots Mending or altering any word thereof that so there may not arise any Doubt or Scruple in the Payment thereof And therefore it is that Merchants do usually write the Sum to be paid as well in figures as in words at length as you may observe in the several Forms of Bills of Exchange contained in this Treatise And if it so fall out through Inadvertency or otherwise that the Figures and the Words at length of the Sum that is to be paid upon a Bill of Exchange do not agree together if either the Figures do mention more and the Words less or the Figures do specifie less and the Words more in either or in any such case you ought to observe and follow the order of the Words at length and not in Figures until further order be had concerning the same because a Man is more apt to commit an Errour with his Pen in writing a Figure than in writing a Word And also because the Figures at the top of the Bill do only as it were serve as the Contents of the Bill and a Breviat thereof but the Words at length are in the Body of the Bill of Exchange and are the chief and principal Substance thereof whereunto special regard ought to be had and tho it may so fall out that the Sum mention'd in Figures in the Letter of Advice and the Sum mention'd in Figures in the Bill of Exchange do agree yet if the Words at length in the same Bill do differ you ought to follow the order mention'd in Words at length in the Bill and not the order in Figures for the Reasons before alleg'd A Name mended or interlined IF the Name of the Person to whom a Bill of Exchange is made payable chance to be mended or interlin'd in the Bill and the same be accepted by the Person upon whom it is drawn tho it is an Error and justly to be reproved especially in Merchants which indeed doth seldom happen yet the same cannot be a sufficient Excuse for the Party who hath accepted it or any legal warrant for him to refuse Payment thereof at the time unto the Party whose Name is mended or interlin'd in the Bill or unto his Order by his Assignment if the Bill was so mended before it was accepted and be made payable to him or his Assigns for he could not chuse but take notice of the Error when he accepted the Bill and ought to have satisfi'd himself therein before he accepted it if he say it hath been mended or interlin'd since he accepted it he must prove that Bill payable positively to such a Man BUT if the Bill be made payable positively to such a Man and not to such a Man or his Assigns or Order then an Assignment on the Bill will not serve turn but the Mony must be immediately paid to such a Man in person and he must be known to be the same Man mention'd in the Bill of Exchange that so the Mony may not be paid to a wrong Person and the Acceptor forc'd to pay it twice And if the Bill be made payable positively to such a Man as hath been before observ'd such a Man's Name writ on the backside of the Bill in blank is no sufficient warrant for another Man to come as in his name to receive the Mony but the Man himself to whom the Bill is payable must appear in person Bill without Direction IN case a Bill of Exchange do come without a Direction on it that is if it be not directed to any Man only the Drawer has set his Name to it but not directed it to the Party on whom he design'd to charge it yet if in his Letter of Advice to his Friend to whom the Bill is payable or to whom it is sent to get accepted the Bill is mention'd to be drawn on such a Man naming a Man's Name this Friend to whom the Bill is sent ought to present the Bill to that Man to be accepted according to Advice And in case he shall refuse to accept it because it is not directed to him the Party to whom the Bill was sent ought to make Protest for Non-acceptance for he protests against the Drawer in not having taken sufficient care that the Bill might be accepted by some body according