sideration of the bill between the plts. and defts., and all the money counts, count for interest and account stated, and breach (ante, 267); laying the day in all the common counts after the bill was due (though this is immaterial), and before the action was commenced, and conclude as post, "Declaration.")

PAYEE AGAINST ACCEPTOR.

(Observe the references in preceding precedent.) For that whereas one E. F. (or certain persons using the name, style, and firm of Hall and Sons, or certain persons, to wit, Hall and Sons), heretofore, to wit, on the 1st day of January, in the year of our Lord 1827, at London, that is to say, at Westminster, in the county of Middlesex, according to the usage and custom of merchants, from time immemorial used and approved of within this kingdom, made their certain bill of exchange in writing, bearing date the day and year aforesaid (and then and there directed, ante, 261, the said bill to the said defts., by the name, style, firm, and addition, of Messrs. Twis and Co., merchants, Birchin Lane, London); by which said bill of exchange they, the said E. F. (or Hall and Sons), then and there requested the said defts. two months after the date thereof, to pay to the said plts. (by the name, style, and addition of Messrs. William Bell and Co., ante, 261), or order, the sum of fifty pounds for value received, and then and there delivered the said bill of exchange to the said plts. (ante, 262); which said bill of exchange the said defts. afterwards, to wit, on the day and year aforesaid, at, &c., aforesaid, upon sight thereof, accepted. By means whereof, &c. (Conclude as in the preceding precedent.)

(As there is, in general, no privily between the payee and acceptor, i. e. no contract except that founded on the bill, it is not usual to add more than the common money-counts, count for interest, account stated, and breach, and conclude as post, "Declaration.")

ENDORSEE AGAINST ACCEPTOR.

(Observe the notes and references, supra, first precedent.) For that whereas one J. H. (or certain persons using the name, &c., or certain persons, to wit), heretofore, to wit, on the 1st day of January, in the year of our Lord 1827, at London, that is to say, at Westminster, in the county of Middx., according to the usage and custom of merchants, from time immemorial used and approved of within this kingdom, made his certain bill of exchange in writing, bearing date the day and year aforesaid (and then and there directed the same to the said deft. by the name and addition of Mr. John Twis, merchant, Birchin Lane, London, ante, 261); by which said bill of exchange, he, the said J. H., then and there requested the said deft., two months after the date thereof, to pay to one W. B., or order, the sum of fifty pounds for value received, and then and there delivered the said bill of exchange to the said W. B.; which said bill of exchange the said deft., afterwards, to wit, on the day and year aforesaid, at Westr., &c., aforesaid, in the county aforesaid, upon sight thereof, accepted, according to the usage and custom of merchants. And the said W. B., to whom, or to whose order, the payment of the said sum of money in the said bill of exchange specified was to be made, after the making of the said bill, and before the payment of the said sum of money therein specified, to wit, on the day and year aforesaid, at Westr. afore- [*269] said, in the county aforesaid, according to the said usage and custom of merchants, endorsed the said bill of exchange; by which said endorsement he, the said W. B., then and there ordered and appointed the said sum of money in the said bill of exchange specified to be paid to the said plt., and then and there delivered the said bill of exchange, so endorsed as aforesaid, to the said plt. By means whereof, &c. (Conclude as ante, 268, first precedent. Add all the money counts, interest, and account stated, and common breach, and conclude as post, “Declaration." If a second count be added on the bill, or brevity be an object, insert the following short form of endorsement :)

THE LIKE, STATING A SHORT FORM OF ENDORSEMENT. And the said W. B. then and there endorsed and delivered the said (last-mentioned) bill of exchange to the said plt.

THE LIKE WHERE THERE ARE SEVERAL ENDORSEMENTS.

It is usual, as we have seen, to strike out all the endorsements after that of the drawer; but, if they be stated, they may be shortly thus:-" And the said W. B. then and there endorsed and delivered the said bill of exchange to one G. H., who then and there endorsed and delivered the same to one I. K., who then and there endorsed and delivered the same to the said plt.," and so on.

AGAINST ACCEPTOR, WHERE BILL PAYABLE AT A PARTICULAR PLACE.

For that whereas, &c. (The statement of the bill is the same as in other cases, as ante, 267, until deft.'s acceptance, which is usually stated thus :) Which said bill of exchange the said deft. afterwards, to wit, on the day and year aforesaid, at Westr., &c., aforesaid, in the county aforesaid, upon sight thereof, accepted, according to the said usage and custom of merchants, payable at P. and Co.'s, Lombard Street, (or, if the bill be accepted, payable at a particular place within the 1 and 2 G. 4, c. 78. Then follow the words of the acceptance, as thus:) "Accepted according to the said usage and custom of merchants, and the statute in that case made and provided, payable at P. and Co.'s, Lombard Street, and there only, and not otherwise or elsewhere." (If the action be at the suit of an endorsee, state the indorsement, as ante, 268). And the said plt. avers, that afterwards, and when the said bill of exchange became due and payable, according to the tenor and effect thereof (ante, 264), to wit, on the 1st day of March, in the year aforesaid, that is to say, at Westr., &c., aforesaid, in the county aforesaid, the said bill of exchange was duly presented and shown at (ante, 265) the said P. and Co.'s, Lombard Street, London, aforesaid, for the payment thereof, according to the usage and custom of merchants; and payment of the said sum of money in the said bill of exchange specified was then and there duly required; but that neither the said P. and Co., nor the said deft. (ante, 265) nor any person or persons on behalf of the said deft., did or would, when the said bill of exchange was so presented and shown for payment thereof, as aforesaid, or at any time before or afterwards, pay the said sum of money therein specified, or any part thereof, but then and there wholly neglected and refused; of all which said several premises the said deft. afterwards, to wit, on the day and year last aforesaid, at (venue), aforesaid, had notice (ante, 265). By means whereof, and according to the usage and custom of merchants, he, the said deft. then and there became liable to pay the said plt. the said sum of money in the said bill of exchange specified, when he, the said deft., should be thereunto afterwards requested (ante, 266); and, being so liable, he, the said deft., in consideration thereof, afterwards, to wit, on, &c., last aforesaid, at (venue), aforesaid, undertook, and then and there faithfully promised the said plt. to pay him the said sum of money in the said bill of exchange specified, when he, the said deft., should be thereunto afterwards requested. (Insert a count stating a general acceptance, as ante, 267; and then add common counts, interest, account stated, and breach.)

DRAWER AGAINST ACCEPtob, WHERE BILL PAYABLE TO A THIRD PERSON, AND DRAWER HAS BEEN OBLIGED TO TAKE IT UP.

For that whereas the said plt. heretofore, to wit, on the 1st day of January, in the year of our Lord 1827, at London, that is to say, at Westr., in the county of Middx., according to the usage and custom of merchants, from time immemorial used and approved of

[*270] within this kingdom, made his certain bill of exchange in writing, bearing date

the day and year aforesaid, and thereby then and there requested the said deft., two months after the date, to pay to one J. D., or order, the sum of £100, value received, and then and there delivered the said bill of exchange to the said J. D.; which said bill of exchange the said deft. afterwards, to wit, on the day and year aforesaid, at (venue), aforesaid, in the county aforesaid, upon sight thereof, accepted, according to the said usage and custom of merchants. And the said plt, avers, that afterwards, when the said bill of exchange became due and payable, according to the tenor and effect thereof, to wit, on the (day bill became duc), at (venue) aforesaid, the said bill exchange, so accepted as aforesaid, was presented and shown to the said deft. for payment thereof, according to the said usage and custom of merchants, and the said deft. was then and there requested to pay the said sum of money therein specified, according to the tenor and effect of the said bill of exchange, and of his said acceptance thereof; but that the said deft. did not nor would, at the said time when the said bill of exchange was so presented and shown to him for payment thereof, as aforesaid, or at any time afterwards, pay the said sum of money therein specified, or any part thereof, but then and there wholly neglected and refused so to do. And thereupon, afterwards, to wit, on the (any day about the time), in the year aforesaid, at (venue), aforesaid, the said bill of exchange was returned to the said plt.; and the said plt., as drawer of the said bill of exchange, was then and there called upon, and forced, and obliged, to pay, and did then and there pay, the said J. D. (or, if an endorser, state the endorsement after the acceptance) the said sum of money in the said bill of exchange specified, whereof the said deft. afterwards, to wit, on the day and year last aforesaid, there had notice. By means whereof, and according to the said usage and custom of merchants, he, the said deft., then and there became liable to pay to the said plt. the said sum of money in the said bill of exchange specified, when he, the said deft., should be thereunto afterwards requested; and, being so liable, he, the said deft., in consideratiou thereof, afterwards, to wit, on the day and year last aforesaid, at (renue), aforesaid, undertook, and then and there faithfully promised the said plt., to pay him the said sum of money in the said bill of exchange specified, when he, the said deft., should be thereunto afterwards requested.

ENDORSEE AGAINST DRAWER ON DEFAULT PAYMENT.

(Observe the notes and references, ante, 267, 8.) For that whereas the said deft. heretofore, to wit, on (ante, 260) the 1st day of January, in the year of our Lord 1827, at London, (ante, 260), that is to say, at Westr., in the county of Middx., according to the usage and custom of merchants (ante, 260), from time immemorial used and approved of within this kingdom, made his certain bill of exchange in writing, bearing date the day and year aforesaid, and thereby then and there directed the said bill of exchange to one John Twis (by the name and addition of Mr. John Twis, merchant, Birchin Lane, London or to certain persons by the name and description of, &c.) By which said bill of exchange he, the said deft., then and there requested the said John Twis, two months after the date thereof, to pay to the said deft. (or to one W. B., by the name and addition of Mr. William Bell), or order, the sum of £50 for value received (ante, 262.) (If the acceptance be stated, but which is unnecessary, ante, 263, it is thus:) Which said bill of exchange the said John Twis, afterwards, to wit, on the day and year aforesaid, at (venue,) aforesaid, upon sight thereof, accepted, according to the said usage and custom of merchants. And the said W. B., to whom or to whose order the payment of the said sum of money in the said bill of exchange specified was to be made, after the making of the said bill of exchange, and before the payment of the said sum of money therein specified, to wit, on the day and year aforesaid, at (venue), aforesaid, according to the usage and custom of merchants, endorsed the said bill of exchange; by which said endorsement he, the said W. B., then and there ordered and appointed the said sum of money in the said bill of exchange specified to be paid to the said plt., and there delivered the said bill of exchange so endorsed to the said plt. (If there be another endorsement, the averment thereof will be similar to the last, except in the names.) And the said plt. avers, that af- [*271]

terwards, when the said bill of exchange became due and payable, according to the tenor and effect thereof (ante, 264), to wit, on the 4th day of March, in the year aforesaid, to wit, at (venue), aforesaid, the said bill of exchange was duly presented and shown to the said John Twis for payment, according to the usage and custom of merchants; and the said John Twis was then and there requested to pay the said sum of money therein specified, according to the tenor and effect of the said bill of exchange, but that the said John Twis did not nor would, at the said time when the said bill of exchange was so presented and shown to him for payment thereof, as aforesaid, or at any time before or afterwards, pay the said sum of money therein specified, or any part thereof, but then and there wholly neglected and refused so to do; of all which said several premises the said deft. afterwards, to wit, on the day and year last aforesaid, at (venue), aforesaid, had notice. By means whereof, and according to the said usage and custom of merchants, he, the said deft., then and there became liable to pay the said plt. the said sum of money in the said bill of exchange specified, when he, the said deft., should be thereunto afterwards requested; and, being so liable, he, the said deft., in consideration thereof, afterwards, to wit, on, &c., last aforesaid, at, &c., aforesaid, undertook, and then and there faithfully promised the said plt., to pay him the said sum of money in the said bill of exchange specified, when he, the said deft., should be thereunto afterwards requested. (Add counts on the consideration of the bill between the plt. and deft. (if any), and the money counts, account stated, and breach, and conclude as ante, 268.)

(See the form of the short endorsements, ante, 269.)

ENDORSEE AGAINST DRAWER ON DEFAULT OF PAYMENT, WHERE BILL PAYABLE AT A PARTICULAR PLACE.

For that whereas, &c. (The declaration will be similar to others in actions against drawer, ante, 270, until the statement of the acceptance at the particular place, tohich toill be found, ante, 269; after which, conclude thus:) And the said plt. avers, that afterwards, when the said bill of exchange became due and payable, according to the tenor and effect thereof, to wit, on the 4th day of March, in the year aforesaid, to wit, at (venue), aforesaid, the said bill of exchange was duly presented and shown at the said P. aud Co.'s (ante, 265), for payment thereof, according to the said usage and custom of merchants; and payment of the said sum of money in the said bill of exchange specified was then and there duly required; but that neither the said P. and Co., nor the said J. T. (acceptor), nor any person or persons on behalf of the said J. T. (acceptor), did or would, at the said time when the said bill of exchange was so presented and shown for payment thereof, as aforesaid, or at any time before or afterwards, pay the said sum of money specified, or any part thereof, but then and there wholly neglected and refused so to do; of all which several premises the said deft., afterwards, to wit, on the day and year last aforesaid, at (venue), aforesaid, had notice. By means whereof, &c. (Conclude as in preceding precedent. Add counts for money paid, had, and received, interest, account stated, and breach, and conclude as ante, 268, post, "Declaration.")

AVERMENT OF WANT OF EFFECTS TO EXCUSE NOTICE OF DISHONOUR.

(After stating the dishonour, and omilling to state the notice thereof to deft., say: And the said plt. further avers, that, at the time of the making of the said bill of exchange, as aforesaid, from thence until and at the time when the same was so presented, and shown to the said J. T. (drawee) for payment thereof, as aforesaid, he, the said J. T. (drawee), had not in his hands any effects of the said deft. (drawer) nor had he received from the said deft. any consideration for the acceptance or payment of the said bill of exchange, nor hath he, the said deft., sustained any damage for, or by reason of, his not having had notice of the nonpayment of the said sum of money in the said bill of exchange specified; of all which said several premises he, the said deft., afterwards, to wit, on the day and year last aforesaid, at (venue), aforesaid had notice. By means whereof, &c. (Conclude as usual in actions against drawer, supra. Add common counts, interest, account stated, and breach, and conclude as ante, 268.)

AGAINST DRAWER ON DEFAULT OF ACCEPTOR.

*For that whereas, &c. (As in other declarations against drawer, ante, 270, as far [*272] as statement of acceptance, which should be omilled. The endorsement should be stated, after which conclude thus:) And the said plt. avers, that afterwards, and before the payment of the said sum of money in the said bill of exchange specified, to wit, on (ante, 264), aforesaid, at Birchin Lane, to wit, at (venue), aforesaid, the said bill of exchange was presented to the said J. T. (drawee) for his acceptance thereof, according to the usage and custom of merchants; and the said J. T. (drawee) was then and there required to accept the same, but that the said J. T. did not nor would, at the said time when the said bill of exchange was so presented and shown to him for his acceptance thereof, as aforesaid, or at any time afterwards, accept the same, or pay the said sum of money therein specified, or any part thereof, but then and there wholly neglected and refused so to do; of all which said several premises the said deft. afterwards, to wit, on the day and year last aforesaid, at (venue), aforesaid, had notice. By means whereof, &c. (Conclude as usual in actions against drawer, ante, 271.)

ENDORSEE AGAINST ENDORSER.

For that whereas one E. F. (or, certain persons, &c., ante, 268), heretofore, to wit, on the 1st day of January, in the year of our Lord 1827, at London, that is to say, at Westr., in the county of Middx., according to the usuage and custom of merchants, from time immemorial used and approved of within this kingdom, made his certain bill of exchange in writing, bearing date the day and year aforesaid, and thereby then and there requested one G. H., two months after the date thereof, to pay to the said E. F., or order, the sum of £100, value received. And the said E. F., to whom or to whose order the payment of the said sum of money in the said bill of exchange specified was to be made, after the making of the said bill of exchange, and before the payment of the said sum of money therein specified, to wit, on the day and year aforesaid, at (venue), aforesaid, according to the said usage and custom of merchants, endorsed the said bill of exchange; by which said endorsement he, the said E. F., then and there ordered and appointed the said sum of money in the said bill of exchange specified to be paid to the said deft., and then and there delivered the said bill of exchange so endorsed as aforesaid to the said deft. And the said deft., to whom or to whose order the payment of the said sum of money in the said bill of exchange specified was to be made, after the making of the said bill of exchange, and before the payment of the said sum of money therein specified, to wit, on the day and year aforesaid, at (venue), aforesaid, according to the said usage and custom of merchants, endorsed the said bill of exchange; by which said endorsement he, the said deft., then and there ordered and appointed the said sum of money in the said bill of exchange specified to be paid to the said plt., and then and there delivered the said bill of exchange, so endorsed, as aforesaid, to the said plt. And the said plt. avers, &c. (Here state averment of presentment, and notice and conclude as in declaration against drawer, ante, 271. As to the statement of several or short endorsements, ante, 269 )

FOREIGN BILLS.

DRAWER AGAINST ACCEPTOR OF FOREIGN BILL.

For that whereas the said plt, (ante, 259,) heretofore, to wit, on the 1st day of January, in the year of our Lord, 1827, in parts beyond the seas, to wit, at Paris, that is to say, at (venue), according to the usage and custom of merchants, from time immemorial used and approved of, made his certain bill of exchange in writing, bearing date the day and year aforesaid (and then and there directed the said bill of exchange to the said deft., by the name and addition of,

&c. ante, 261); by which said bill of exchange the said plt, then and there requested the said deft., two months after the date of that their (first) of exchange, (second) and (third) of the same tenor and date not paid, to pay to the said plt. (by the name and addition of, &c., ante, 261), or order, the sum of £200, value received (ante, 262); which said [*273] bill of exchange the said deft. afterwards, to wit, on the day and year aforesaid,

at (venue), aforesaid, upon sight thereof, accepted, according to the usage and custom of merchants. By means whereof, &c. (Conclude as in actions against acceptor of inland bills, as ante, 268.)

PAYEE OR ENDORSEE AGAINST ACCEPTOR OF FOREIGN BILL.

For that whereas certain persons, using the name, style, and firm, of James Hall & Co. (or, one J. H.), heretofore, to wit, on the 1st day of January, in the year of our Lord, 1813, in parts beyond the seas, to wit, at Malta, that is to say, at London, in the parish of, &c., according to the usage and custom of merchants, from time immemorial used and approved, made their certain bill of exchange in writing, bearing date the day and year aforesaid (and then and there directed the said bill of exchange to the said deft., by the name and addition of Mr. John Twis, Paris, ante, 261); by which said bill of exchange the said James Hall and Co. then and there requested the said deft., at two usances, that is to say, at two months after the date of that their first of exchange, second and third of the same tenor and date not paid, to pay to the said plts. (by the name, style, and firm, of Messrs. William Bell and Co., ante, 261), or order, 10,000 livres tournoises, value received, and then and there delivered the said bill of exchange to the said plts.; which said bill of exchange he, the said deft., afterwards, to wit, on, &c., aforesaid, at, &c., aforesaid, upon sight thereof, accepted, according to the said usage and custom of merchants. By means, &c. (Conclude as in action against acceptor of inland bill, as ante, 268. If against an endorsee, state the endorsement, as ante, 268.)

PAYEE OR ENDORSEE AGAINST DRAWER, ON REFUSAL TO ACCEPT.

For that whereas the said defts. (by and under the name, style, and firm of James Hall and Co., ante, 261), heretofore, to wit, on the 1st day of January, in the year of our Lord 1813, to wit, at Malta, that is to say, at London, in, &c., according to the usage and custom of merchants, from time immemorial used and approved of, made his certain bill of exchange in writing, bearing date the day and year aforesaid, and then and there directed the said bill of exchange to J. T. (by the name and addition of Mr. John Twis, Paris, ante, 261); by which said bill of exchange the said defts. then and there requested the said John Twis, at two usances, that is to say, at two months after the date of that their first of exchange, second and third of the same tenor and date not paid, to pay to the said plts. (by the name, style, and firm, of Messrs. William Bell and Co., ante, 261), or order, 10,000 livres tournoises, for value received, and then and there delivered the said bill of exchange to the said plts. (if the action be at the suit of an endorsee, state the endorsement accordingly, ante, 268.) And the said plts. aver, that afterwards, and before the payment of the said sum of money in the said bill of exchange specified, to wit, on the 4th day of March, in, &c., aforesaid, at, &c., aforesaid, the said bill of exchange was presented and shown to the said John Twis for his acceptance thereof, according to the said usage and custom of merchants; and the said John Twis then and there had sight of the said bill of exchange, and was then and there requested to accept the same, but that the said John Twis did not nor would, at the said time when the said bill of exchange was so presented and shown to him for his acceptance thereof, as aforesaid, or at any time before or afterwards, accept the same, or pay the said sum of money therein specified, or any part thereof, but wholly neglected and refused so to do; nor did he, nor would he, then, or at any other time, accept or pay the second and third of exchange in the said bill of exchange mentioned, or either of them, but herein wholly failed and made default. Whereupon the said bill of exchange, afterwards, to wit, on, &c., last aforesaid, at, &c., that is to say, at (venue), aforesaid, was duly protested for non-acceptance thereof, according to the said usage and custom of merchants; of all which said several premises the said defts., afterwards, to wit, on, &c., last aforesaid, at, &c., aforesaid, had notice. By means whereof, and according to the said usage and custom of merchants, they, the said defts., then and there became liable to pay to the said plts. the said sum of money in the said bill of exchange, when they, the said defts., should be thereunto afterwards requested; and, being so liable, they, the said defts, in consideration thereof, afterwards, to wit, on, &c., last aforesaid, at (venue), aforesaid, undertook, and then and [*274] there faithfully promised the said plts., to pay them the said sum of money in

the said bill of exchange specified, when they, the said defts., should be thereunto afterwards requested. (Add all the common counts, interest, account stated, and breach, and conclude as usual.)