1821. The Amiable probability, that the forms of passport now offered to the inspection of the Court were ever authorita Por quarto he concedido permiso á vecino de nombrado para que con su de porte de toneladas pueda navegar, y comerciar en los Mares y Puertos de Europa, 6 a otro Vasallo mio de quien tenga poder, se le permità equiparla con gente de su misma Provincia, o de otra de mis Dominios, habil á este efecto, segun la prevenido en las Ordenanas de Marina, para salir á navegar, y comerciar en ella, baze lan reglas estable idas. Y mando a los Officiales generales, o particulares comandantes de mis Esquadras y Baxeles; á los Comandantes y Intendentes de las Departementos de Marina á los Ministros de sus Provincias, Subdelegados, Capitanes de Puerto, y otros qualesquier Oficiales y Ministros de mi Armada: á los Capitanes, & Comandantes generales de Provincias: á los Gobernadores, Corregidores, Jueces y Justicias de los Puertos de mis Dominios, ya todos los demas Vasallos mios, & quienes pertenece, ó pertenecer pudiere, no le pongan embarazo, cansen molestia, ó detencion alguna; antes le auxilien, y faciliten lo que hubiere menester para su regular navegacion y legitimo comercio: Y á los Vasallos y Subditos de Reyes, Principes y Republicas amigas y aliadas mias: á los Comandantes, Gobernadores, 6 Cabos de sus Provincias, Plazas, Esquadras y Baxeles, requiero, que asimismo no le pongan embarazo en su libre navegacion, entrada, salida, ó detencion en los Puertos, á los quales deliberadamente, ó par accidente se conduxere, y le permitan exercer en ellos su legitimo comercio, bastimentarse, y proveerse de lo necesario para continuarle'; á cuyo fin be mandado despachar este Pasaporte, refrendado de mio Secre tively annexed to the original treaty, in the possession of the Spanish Government, the Court is of opinion, that the motion for a continuance must be denied. The passport found on board the Isabella, is materially variant, both in form and substance, from the forms of passport now produced; and to the form of the passport actually annexed to the treaty, and to no other, was the effect intended by the treaty, whatever that effect may be, meant to be attributed. The possession of that form, and not of any other passport which might be substituted for it, was of the very essence of the treaty. It is clear, therefore, that even if the case were as the claimant's counsel supposes, he could derive no benefit whatever from it, because the treaty passport was not on board; and the case must, therefore, in this respect, be judged by the rules of the Prize Court, independent of the conventional law. Motion denied. tario de Estado, y de la Negociacion de Marina, el qual valdra, y tendrá fuerza por termino de contado desde el dia en que usare de él, segun conste por la Nota que á su continuacion se pusiere. Dado en 1821. The Amiable Isabella. Where the second day of grace falls on Saturday, it is the last day of grace; and notice of non-payment given to the drawer of a bill on that day, after a demand upon the acceptor on the same day, is sufficient to charge the drawer. Notice to the drawer, by putting the same into the post-office, where the persons live in different places, is good. ERROR to the Circuit Court for the District of Columbia. Assumpsit against the defendant below, (Bossard,) as drawer of an inland bill of exchange drawn at Baltimore on the 3d of October, 1816, upon one Martin Gillet, for $1,244 79 cents, payable six months after date, and accepted by Gillet. Plea, non assumpsit. On the trial of the cause, the plaintiff produced and read in evidence to the jury, the bill, acceptance, and protest; the hand writing of the respective parties being admitted; and gave evidence to prove that after bank hours, on Saturday, the fifth of April, 1817, being the second day of grace after the said bill became due, the same was presented by a notary to the acceptor for payment, and not being paid, was duly protested. And on the same day written notice was sent by the mail to the defendant, residing at Georgetown, D. C. notifying him of the non-payment and protest of the bill. And gave evidence that such protest and notice, on the second day of grace, under those circumstances, was confor mable to the general usage in Baltimore. And no other evidence of demand or notice was offered. Whereupon the counsel for the defendant prayed the opinion and instruction of the Court to the jury, that the defendant, under the circumstances so given in evidence, was not liable in this action, the drawer of the said bill not having received due notice of the dishonour of the same; but that the notice given upon the same day that the payment of the draft was demanded, to wit, on Saturday, the 5th of April, 1817, was not regular and sufficient to charge the defendant in this action. Which instruction the Court refused, and the defendant's counsel excepted. A verdict and judgment thereon was rendered for the plaintiff, and the cause was brought by writ of error to this Court. 1821. Bussard V. Levering. This cause was argued by Mr. Jones for the plain- Feb. 7th. tiff in error, and by Mr. Key for the defendant. This COURT were unanimously of opinion that, by the general law merchant, notice of non-payment given to the drawer on the last day of grace, after a demand upon the acceptor on the same day, (and Saturday, in this case, was the last day of grace, the next day being Sunday) was sufficient to charge the drawer; and that the notice in this case given to the drawer, by putting the same into the post-office, was good. Judgment affirmed. 1821. Lindenber ger Beall (COMMON LAW. PROMISSORY NOTES.) LINDENBERGER et al. v. BEALL. After demand of the maker of a note, on the third day of grace, notice to the endorser on the same day, is sufficient by the general law merchant. Evidence of a letter. containing notice, having been put into the postoffice, directed to the endorser, at his place of residence, is sufficient proof of the notice to be left to the jury, and it is unnecessary to give notice to the defendant to produce the letter before such evidence can be admitted. ERROR to the Circuit Court for the District of Columbia. Assumpsit against the defendant, (Beall,) as endorser of a promissory note, drawn by one Tunis. Craven, dated at Baltimore, October 22d, 1811, in favour of the defendant, and by him endorsed to the plaintiffs, for 191 dollars 17 cents, negotiable at the bank of Washington, payable six months after date. At the trial the note was given in evidence, and the handwriting of the drawer and endorser admitted. The plaintiffs farther proved, by a notary, that the note was, by him, demanded of the drawer, on Saturday the 25th of April, 1812, being the day on which it became payable, that is, the last day of grace. And not being paid, notice of the non-payment thereof was enclosed in a letter addressed to the defendant, at the city of Washington, and put into the post-office at Georgetown. The notary testified, that he had no recollection of these facts. |