Id. s. 3. 1785, c. 38, s. 2. protested. interest upon the same, from the drawer or any other person, corporation, or company liable to such indorser, upon such bill of exchange. 3. All inland bills of exchange or orders drawn by a citizen, comBy whom to be pany, or corporation of any other State, District, or Territory, or any person therein residing or being, on any person, company, or corporation of this State, or any person therein residing or being, shall be liable to official protest by a notary public, or by the clerk of the Circuit Court for the county, who is hereby vested with power to make such protest under his seal of office, and the clerk shall receive therefor, from the person requiring the same, the sum of one dollar. Id. s. 4. 1785, c. 38, s. 3. land bills of exchange protested. 4. The owner or holder of any bill of exchange drawn in this Damages on in- State upon any person, company, or corporation in any other State, District, or Territory of the United States, and protested according to the laws or customs of the place where such bill shall be made payable, shall be entitled to recover so much current money as will produce a good bill of exchange at the current exchange of such bills, and also eight per cent. damages upon the value of the principal sum mentioned in such bill and costs of protest, together with legal interest upon the value of the principal sum therein mentioned, from the time of protest until the principal and damages are paid and satisfied. Id. s. 5. 1785, c. 38, s. 3. What indorser right to recover. 5. If any indorser of any such bill shall pay to the owner or holder thereof the value of the principal and the damages and inpaying, to have terest aforesaid, such indorser shall have a right to recover the sum paid, with legal interest upon the same, from the drawer or any person, company, or corporation liable to such indorser upon such bill · of exchange. Id. s. 6. 1837, c. 253. Protest for non acceptance or non-payment, 1 Md. 66: 8 Md. 530; 14 Md. 321; 6. A protest duly made by a notary public of a promissory note evidence. for non-payment, or of a bill of exchange, whether foreign or inland, for non-acceptance or non-payment, shall be prima facie evidence Md. 529; 22 Md. of such non-acceptance or non-payment, and of the presentment of 548 21 Md. 184; such note for payment, or of such bill for acceptance or payment, at the time and in the manner stated in the protest. 15 Md. 233; 18 30 Md. 464; 34 Md. 574: 1 Gill. 127; 4 Gill. 194. Id. s. 7. 1837, c. 253. Protest stating 7. When such protest shall state that notice of such non-payment or non-acceptance has been sent or delivered to the party or parties notice to be evi- to such note or bill, and the manner of such notice, such protest shall be prima facie evidence that such notice has been sent or delivered in the manner therein stated. dence of such notice. 24 Md. 184; 34 Md. 574. Id. s. 8. 1825, c. 35. Judgment, on negotiable in struments, not reversible because indorsed in blank. 30 Md. 284; 35 Md. 485; 1 Gill. 127; 3 Gill. 251. 1876, c. 345. Suit allowed on lost note, bill, etc. 8. No judgment of. any court of this State rendered in any suit on a bill of exchange, promissory note, or other negotiable instrument, shall be reversed, or in any way set aside, on appeal or writ of error, because the indorsements thereon may be in blank, but such judgment shall be as good and valid as if such indorsements were properly filled up. 9. No party, otherwise entitled to sue and recover in any suit at law upon or under any promissory note, bill of exchange, bill of lad be accounted ing, warehouse or storage receipt, or other negotiable instrument, shall be precluded from so recovering by reason of his inability from any cause, to produce such instrument in evidence at the trial, or surrender the same to the defendant; provided always, that the ab- Proviso. sence of such instrument shall be sufficiently accounted for, under Instrument to the ordinary rules of evidence, to allow the introduction of secon- for. dary proof of the contents thereof at the trial, and that no judgment Contents. thereupon shall be entered for the plaintiff in such suit until a good and sufficient bond shall have been first filed therein by the plaintiff, or on his behalf, in such penalty and with such surety or sureties as the court shall approve, conditioned to hold and keep the defendant harmless, upon satisfaction of the judgment by him, to the same effect and intent as if said missing instrument were then and there produced and surrendered to him, and the costs in all such cases shall be adjudged by the court, in its discretion, as may be equit able. LEGAL HOLIDAYS. When notes or on holidays when notice of 10. Where bills of exchange or promissory notes become due 1862, c. 70. and payable on Christmas day, or New Year's day, or on the fourth bills maturing day of July, or on the twenty-second day of February, or on any payable, and day of public thanksgiving or humiliation and prayer, proclaimed by dishonor to be the governor of this State, or by the authority of the legislature given. thereof, the same shall be payable on the day next before said Christmas day, New Year's day, fourth day of July, twenty-second day of February, or day of thanksgiving or humiliation as aforesaid, unless said next preceding day shall be Sunday, in which event said promissory notes or bills of exchange shall be payable on the Saturday preceding; and it shall not be necessary for the holders of such bills of exchange or promissory notes, payable as aforesaid, to give notice of the dishonor thereof until the day next after said Christmas day, New Year's day, fourth of July, or twenty-second of February, or day of thanksgiving or humiliation as aforesaid; and in case said next succeeding day shall be Sunday, it shall not be necessary for the holders of said bills of exchange and promissory notes to give notice of the dishonor thereof until the second day next succeeding said Christmas day, New Year's day, fourth of July, or twenty-second of February, or day of humiliation or thanksgiving as aforesaid; and every such notice so given as aforesaid shall be valid and effectual to all intents and purposes. Certain holi Sunday, when maturing on notes and bills 11. Whenever Christmas day, New Year's day, the fourth day 1874, c. 37. of July, or the twenty-second day of February, shall fall on Sunday, days falling on bills of exchange, promissory notes, bank checks, and all other papers requiring protest, which may become due and payable on the Monday immediately following either of said days, shall be payable on the Saturday next preceding the same; and it shall not be neces- dishonor to be given, sary for the holders of such bills of exchange or promissory notes, Monday follow ing payable, and when notice of payable as aforesaid, to give notice of the dishonor thereof, until the Tuesday next succeeding either of said days. 1876, c. 262, s. 1. Bills of lading, etc., declared BILLS OF LADING AND STORAGE RECEIPTS. 12. All bills of lading and all receipts, vouchers, or acknowledg storage receipts, ments whatsoever in writing, in the nature or stead of bills of lading for goods, chattels, or commodities of any kind, to be transported on land or water, or on both, which shall be executed in this State, pressly provided or being executed elsewhere, shall provide for the delivery of goods, negotiable, un less the con trary be ex on the face Id. s. 2. evidence. chattels, or commodities of any kind within this State, and all warehouse, elevator, or storage receipts whatsoever for goods, chattels, or commodities of any kind stored or deposited, or in said receipts stated or acknowledged to be stored or deposited for any purpose in any warehouse, elevator, or other place of storage or deposit in this State, shall be and they are hereby constituted and declared to be negotiable instruments and securities, unless it be provided in express terms to the contrary on the face thereof, in the same sense as bills of exchange and promissory notes, and full and complete title to the property in said instruments mentioned or described, and all rights and remedies incident to such title, or arising under or derivable from the said instruments, shall inure to and be vested in each and every bonâ fide holder thereof for value, altogether unaffected by any rights or equities whatsoever of or between the original or any other prior holders of or parties to the same, of which such bonâ fide holder for value shall not have had actual notice at the time he became such. 13. Every instrument of those mentioned and described in the preinstruments as ceding section, which shall be issued by any person or corporation, or by any agent or officer of any person or corporation authorized to issue the same on his or its behalf, or authorized or permitted by such person or corporation to issue like instruments on his or its behalf for goods, chattels, or commodities, actually received for transportation or held on storage, as the case may be, shall be conclusive evidence in the hands of any bonâ fide holder for value of such instrument, who shall have become such without actual notice to the contrary, that all of the goods, chattels, and commodities in said. instrument mentioned or described, had been actually received by, and were actually in the possession and custody of, such person or corporation at the time of issuing the said instrument according to the tenor thereof, and for the purposes and to the effects therein stipulated or provided, notwithstanding that the fact may be otherwise, and that such agent or officer may have had no authority to issue any such instrument on behalf of his said principal, except for goods, chattels, or commodities actually received and in possession at the time of such issue. Id. s. 3. Acceptances, vouchers, etc., 14. Every acceptance of an order and every other voucher whatsoever, for any goods, chattels, or commodities, as on storage or able, unless the thereof. deposit, whereby the custody or possession of such goods, chattels, declared negoti or commodities shall be acknowledged or certified by any warehouse- contrary be expressly provided man, wharfinger, or other person or corporation within this State, on the face and which acceptance or voucher shall not on its face provide or stipulate in terms that it shall not be negotiable, shall be held and taken when issued to be a negotiable receipt and instrument to all intents and effects within the meaning and operation of this article. term issued. 15. Any instrument declared negotiable by this article shall be ra. s. 4. held and taken to have been issued within the meaning of this article Meaning of the when it shall have been signed and shall have been delivered out of the custody of the person or corporation to be charged or bound by the same, or of his or its agent or officer aforesaid. Issuing bill of etc., forbidden 16. No person or corporation, or agent or officer of any person Id. s. 5. or corporation in this State, shall issue any bill of lading, receipt, lading, receipt, acknowledgment, or voucher whatsoever, for goods, chattels, or in certain cases. commodities of any kind, to be transported on land or water, or on both, or any receipt, acceptance of an order, or other voucher for goods, chattels, or commodities, as on storage or deposit in this State, until and unless the whole of the said goods, chattels, and commodities shall have been actually received to be transported by such person or corporation in the one case, or shall be actually in the possession or custody, or upon the premises, or under the absolute and exclusive control of such person or corporation in the other case at the time when such instrument shall be issued; and any principal person or corporation, or any agent or officer whatsoever of any person or corporation, wilfully violating the provisions or any provisions of this section, shall be guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of not less than one thousand nor more than five thousand dollars, in the discretion Penalty. of the court. Second receipt, not to be issued till first is can celled. 17. No warehouseman or corporation or person whatsoever hav- Id. s. 6. ing issued or caused to be issued or having outstanding, and issued voucher, etc., by any agent or officer of such person or corporation as aforesaid, any receipt, acceptance of order, or other voucher for goods, chattels, or commodities as on deposit, or storage with, or in the custody, or on the premises, or under the control of such person or corporation, shall issue any other receipt, acceptance of order, or other voucher whatsoever for the same, or any part thereof, until the said first issued instrument shall have been returned and cancelled or destroyed, and no person or corporation whatsoever having issued or having outstanding as aforesaid, any such receipt, acceptance of order, or other voucher aforesaid, and no agent or officer of any such person or corporation shall part with, deliver, or remove, or permit to be delivered or removed, the goods, chattels, or commodities in such instrument named or described, or any part thereof, except only to or by the holder of said instrument, or upon his order, and upon the presentation of said instrument with his indorsement in every case, or without cancelling or destroying said Goods to be delivered only on certain condi tions. Penalty. Proviso. Duplicate. Id. s. 7. instrument in case of complete delivery or removal, or indorsing thereon the quantity and description of the goods, chattles, or commodities delivered or removed, and the names of the persons to whom delivered, or by whom removed in case such delivery or removal shall be partial only; and any principal person or corporation, or agent or officer of any person or corporation, wilfully violating this section or any of the provisions thereof, shall be guilty of a misdemeanor, punishable by a fine of not less than one thousand, nor more than five thousand dollars in the case of a corporation, and in the case of an individual by a fine of not less than one hundred, nor more than five thousand dollars, and imprisonment in the penitentiary for a period of not less than one year, nor more than three years, in the discretion of the court. Provided, however, that nothing herein contained shall be construed to prohibit the bonâ fide issuing of duplicate receipts, acceptances, or other vouchers aforesaid, with the word "duplicate" conspicuously written or printed upon the face thereof, in the stead of any original outstanding receipts, acceptances, or other vouchers aforesaid, which may have been lost, destroyed, or mislaid. 18. No person having any claim, right, or action whatever under this article or otherwise upon or under any instrument declared negotiable thereby, or by reason of the issuing, negotiation, or holding of said instrument, or the doing of any matter or thing by this article forbidden or made punishable, shall be in any way hindered or precluded from asserting or maintaining the same by or because of any prohibitory or punitive provision in this article contained. 1874, c. 303. Legal import of elevator receipts. ELEVATOR RECEIPTS. 19. All receipts for grain deposited or stored in any elevator or place of storage connected therewith, in this State, and known in trade as "elevator receipts," shall, for all purposes of sale or other disposition whatsoever, be held to invest and imply title to such grain in the persons to whom or to whose order such receipt shall have been issued, and to vest and imply absolute title in all subsequent holders to whom such receipts shall have been passed by or under any contract or transfer, valid and bona fide as between the parties thereto. |