it referred to the corresponding provisions of this Act. § 99. dence allowed 100. In any judicial proceeding in Scotland, Parole eviany fact relating to a bill of exchange, bank in certain cheque, or promissory note, which is relevant to ceedings in judicial proany question of liability thereon, may be proved Scotland. by parole evidence: Provided that this enactment shall not in any way affect the existing law and practice whereby the party who is, according to the tenour of any bill of exchange, bank cheque, or promissory note, debtor to the holder in the amount thereof, may be required, as a condition of obtaining a sist of diligence, or suspension of a charge, or threatened charge, to make such consignation, or to find such caution as the court or judge before whom the cause is depending may require. This section shall not apply to any case where the bill of exchange, bank cheque, or promissory note has undergone the sesennial prescription. This section was added in committee. Its object was to remove certain technicalities from the Scotch law of evidence which had frequently been adversely commented upon by the courts. In many cases relevant facts could only be proved by writ or oath. See Thorburn, p. 218, and Bell's Principles, 9th ed. § 333 b. The sesennial prescription, which is the prescription applicable to bills and notes, runs from the time when payment is demandable.1 After that time the holder can only establish his claim by the writ or oath of the debtor, unless the statute has been interrupted by judicial demand or executed diligence. 1 Bell's Princ. 9th ed. § 349; 12 Geo. 3, c. 72, ss. 37, 39. 2 Bell's Princ. 9th ed. §§ 598, 599. Section 94. SCHEDULES. FIRST SCHEDULE. Form of protest which may be used when the services of a notary cannot be obtained. Know all men that I, A. B. [householder], in the county of in the United of of 18 at day demand payment [or acceptance] of the bill of exchange hereunder written, from E. F., to which demand he made answer [state answer, if any] wherefore I now, in the presence of G. H. and J. K., do protest the said bill of exchange. N. B. The bill itself should be annexed, or a copy See sect. 94, ante, p. 280, as to this form. 7 & 8 Geo. 4, c. 15. An Act for declaring the law in relation to 9 Geo. 4, c. 24 Bills of Exchange and Promissory Notes becoming payable on Good Friday or Christmas Day. An Act to repeal certain Acts, and to consolidate and amend the laws relating to bills of exchange and promissory notes in Ireland, in part; that is to say, Section two, four, seven, eight, nine, ten, eleven. 2 & 3 Will. 4, c. 98. An Act for regulating the protesting for non-payment of Bills of Exchange drawn payable at a place not being the place of the residence of the drawee or drawees of the same. Session and Chapter. Title of Act and extent of Repeal. 6 & 7 Will. 4, c. 58. An Act for declaring the law as to the day on which it is requisite to present for payment to Acceptor, or Acceptors supra protest for honour, or to the Referee or Referees in case of need, Bills of Exchange which have been dishonoured. An Act to regulate the issue of bank notes in part; that is to say, 19 & 20 Vict. c. 97. The Mercantile Law Amendment Act, 1856, in part. 23 & 24 Vict. c. 111 in part. in part; that is to say, Sections six and seven. An Act for granting to Her Majesty certain duties of stamps, and to amend the law relating to the stamp duties, in part; that is to say, Section nineteen. 34 & 35 Vict. c. 74. An Act to abolish days of grace in the case of bills of exchange and promissory notes payable at sight or on presentation. The Crossed Cheques Act, 1876. The Bills of Exchange Act, 1878. Enactment repealed as to Scotland. 19 & 20 Vict. c. 60 in part. The Mercantile Law (Scotland) Amendment in part; that is to say, Sections ten, eleven, twelve, thirteen, fourteen, fifteen, and sixteen. LIMITATIONS. Statute of Limitations. Rule 1. Subject to the case provided for by sect. 48 (1) of the Act and rule 5, no action on a bill can be maintained against any party thereto after the expiration of six years from the time when a cause of action first accrued to the then holder against such party.1 ILLUSTRATION. C. is the holder of a dishonoured bill. Three years after the dishonour he indorses the bill to D. D. must sue the acceptor within the next three years, though he (presumably) has six years within which he may sue C. Note.-Sect. 48 (1), ante, p. 153, saves the rights of a holder in due course who takes a bill dishonoured by non-acceptance without notice of that fact. By 21 Jac. 1, c. 16, s. 3, all actions of account and upon the case and all actions of debt grounded upon any lending or contract without specialty shall be commenced and sued within six years next after the cause of such actions and not after. Under this enactment, it was held that any acknowledgment of the debt after it was due was equivalent to a fresh promise to pay it, defeating the statute, and causing it to run only from the date of the acknowledgment. This doctrine has been considerably narrowed by subsequent legislation. See note to Rule 5, post, p. 292. It is to be noted that the 3 & 4 Anne, c. 8, which put promissory notes on the same footing as bills of exchange, has been repealed.3 Sect. 4 of that Act applied the provisions of 21 Jac. 1, c. 16, to promissory notes, but the whole Act was repealed as unnecessary, when a legislative definition was given of promissory notes (as is done by sect. 83) which clearly brought them within the general words of the statute of James. 1 Cf. Jac. 1, c. 16; Whitehead v. Walker (1842), 9 M. & W. 506; Woodruff v. Moore (1850), 8 Barb. 171, New York. 2 Re River Steamer Co. (1871), L. R. 6 Ch. App. 822, at p. 828. 3 In Ruff head's edition of statutes the Act appeared as 3 & 4 Anne, c. 9, and the sections were numbered differently. C. U Limitation, how computed against parties. the several |