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BILLS OF EXCHANGE (IRELAND) ACT 1828 - SECT 13

Notaries public, upon receiving bills, to enter and register the same in a book, to be open to inspection.

13. And whereas it would be productive of great benefit to the holders of
foreign and inland bills of exchange and promissory notes to cause the same to
be presented by a notary public and (if necessary) noted for non-acceptance or
non-payment, either with a view to a future protest or otherwise, or whether
such bills or notes may have been previously presented for acceptance or
payment by such holders thereof, or otherwise; and also that such notary shall
fairly and truly register and copy such bill of exchange or promissory note as
he may so present; and it is therefore expedient to regulate the charges which
such notary public may lawfully make in relation to such noting, presentment,
registering, and copying; Whenever any bill of exchange or promissory note
shall be sent or delivered to any notary public in Ireland, for any of the
purposes aforesaid, the same shall be by him forthwith registered and copied
in a book to be kept by him for that purpose; and for which registering and
copying he shall be entitled and is hereby authorized to make a charge of
[5p], whether such bill shall be afterwards noted or protested or not; and
such notary shall be further entitled to make an additional charge of [7p] for
presenting or causing to be presented any such bill or note for payment or
acceptance (as the case may be); and such notary shall be further entitled to
make an additional charge of [7p] for noting every such bill or note, when the
same shall be dishonoured for non-acceptance or non-payment, as the case may
be; provided the place where such presentment shall be made shall be within
the limits or within the bounds of any city or town in Ireland: Provided
always, that every such charge as such notary public shall be so entitled to
make as aforesaid shall in all cases be paid and payable to such notary by the
holder or holders of such bills or notes; and every such holder shall be
entitled and is hereby authorized to recover over, from the acceptor of any
such bill of exchange, or maker of any such promissory note, or other party or
parties liable to such holder upon such bill or note, the full amount of such
notary's charge as aforesaid, for registering and copying the same in his
books as aforesaid, in case such bill or note shall, previously to its being
sent or delivered to such notary for the purpose aforesaid, have been duly
presented for acceptance or payment, and, if same be payable, shall not have
been paid, or the amount thereof duly and legally tendered, or in case the
same, though it may not have been so previously presented and dishonoured,
shall not, upon being duly presented by such notary, be duly honoured by
acceptance or payment thereof, as the case may be; and every such holder shall
be further entitled and is hereby authorized to recover over, from such
acceptor or maker of such bill or note, or other party or parties thereto,
being liable thereon to such holder as aforesaid, the full amount of such
notary's said charge for presenting or noting the same, in case the same shall
not, upon being so duly presented by such notary as aforesaid, be duly
honoured by acceptance or payment thereof, as the case may be: Provided also,
that such holder shall be entitled and is hereby authorized to recover over,
in like manner, from such acceptor or maker of such bill or note, or other
party or parties thereto, as last aforesaid, the full amount of such notary's
charge for presenting the same, in case (notwithstanding such acceptance or
payment thereof, upon such presentment by such notary as aforesaid) the same
had been previously thereto duly presented to such acceptor or maker for
acceptance or payment thereof, and such acceptance or payment had not been
made: Provided also, that in all cases where the holder of such bill or note
shall be entitled, under the aforesaid provisions of this Act, to recover from
the acceptor or maker of such bill or note, or other party or parties thereto,
such notary's charge for registering and copying in his books, or presenting
the same for payment, or noting the same as aforesaid, it shall be lawful for
such notary, at the time of presenting such bill or note for the payment
thereof, to demand from the acceptor or maker thereof, or the person paying
the same, the full amount of such charge or charges, over and above the sum
specified in such bill or note; and in case such acceptor or maker shall, on
such demand, refuse to pay such notary the full amount of such charge or
charges, it shall and may be lawful for such notary to refuse to receive
payment of the sum specified in such bill or note, or the acceptance of such
bill, notwithstanding that the same may be tendered; but every such bill or
note shall, by reason of such refusal to pay such charge or charges as
aforesaid, be deemed to be and shall be dishonoured to all intents and
purposes whatsoever.

© 1828 Crown Copyright

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