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. 4 Bacon, Abridgment
603: “Inland Bills of Exchange are those drawn by one Merchant residing in one part
of the Kingdom, on another residing in some City or Town within the same Kingdom;
and these also being found useful to Trade and Commerce, have been established on
the same Foot with foreign Bills: but at Common Law they differed from them in this,
that there was no Custom of protesting them, so as to subject the Drawer to Interest
and Damages in Case of Non-payment, as there was on foreign Bills.” Bacon went on
to quote at length the statutes, 9 & 10 Will. 3, c. 17 (1698), and 3 & 4 Ann., c.
9, §§4–8 (1704), which remedied the latter “Inconveniency” by providing for the payment
of “costs, damages, and interest,” by the drawer on bills over £20 if protest was
duly made. Since the Act of 9 & 10 Will. 3 was expressly limited to bills drawn in
England, Auchmuty is apparently arguing on the assumption that the common law rules
as to inland bills still applied in Massachusetts. As to the effect, see note 6
above. See generally J. Milnes Holden, The History of Negotiable Instruments in English Law
52–55 (London, 1955).
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.