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BILLS OF EXCHANGE (IRELAND) ACT 1828

BILLS OF EXCHANGE (IRELAND) ACT 1828 - LONG TITLE

An Act to consolidate and amend the Laws relating to Bills of
Exchange and Promissory Notes in Ireland.{1}
[19th June 1828]
Preamble rep. by SLR 1890

Ss.15 rep. by SLR 1873; 1882 c.61 s.96 sch.2; SLR 1891

BILLS OF EXCHANGE (IRELAND) ACT 1828 - SECT 6
Bills accepted in satisfaction of any former debt to be deemed a
full payment;

6. If any person doth or shall receive any such bill or note, for
and in satisfaction of any former debt, or of any sum of money
formerly due unto such person, the same shall be accounted and
esteemed, at law and in equity, a full and complete payment of
such debt, if such person so receiving any such bill or note for
his debt shall not use due diligence to obtain payment thereof by
endeavouring to get such bill accepted and paid, or such note paid,
and also make his protest as aforesaid, either for non-acceptance or
non-payment thereof, or otherwise give due notice of the dishonour
thereof as aforesaid; provided that nothing herein contained shall
extend to satisfy or discharge any other and different security or
remedy that any person using such due diligence as aforesaid may
have for the same debt against the drawer, acceptor, or indorser of
such bill, or the maker or indorser of such note.

Ss.711 rep. by 1882 c.61 s.96 sch.2. S.12 rep. by SLR 1873

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.

BILLS OF EXCHANGE (IRELAND) ACT 1828 - SECT 14
Sums allowed for protesting bills.

14. Every such notary public or other person as aforesaid shall be
entitled to a sum of [20p] for protesting any foreign bill of
exchange, over and above all stamp duty payable upon such protest,
and also over and besides the sum of [5p] for registering and
copying such bill, as herein-before provided.

BILLS OF EXCHANGE (IRELAND) ACT 1828 - SECT 17
Act not to repeal former Acts, except so far as is provided.

17. Provided always, that nothing in this Act contained shall be
construed to repeal or alter the provisions of any Act relating to
bills of exchange or promissory notes now in force in Ireland,
saving so far as the same are repealed or altered by the express
provisions of this Act.