BILLS OF EXCHANGE.

I shall not here repeat what has been collected by many learned men

respecting the important history of this noble invention, but only

lay before my readers an ordinance of the year 1394, concerning the

acceptance of bills of exchange, and also two bills of the year 1404,

as they may serve to illustrate further what has been before said on

the subject by others. These documents are, indeed, more modern than

those found by Raphael de Turre[499] in the writings of the jurist

Baldus[500], which are dated March 9, 1328; but they are attended with

such circumstances as sufficiently prove that the method of transacting

business by bills of exchange was fully established so early as the

fourteenth century; and that the present form and terms were even then

used. For this important information I am indebted to Von Martens,

who found it in a History, written in Spanish, of the maritime trade

and other branches of commerce at Barcelona, taken entirely from the

archives of that city, and accompanied with documents from the same

source, which abound with matter highly interesting[501].

Among these is an ordinance issued by the city of Barcelona in the year

1394, that bills of exchange should be accepted within twenty-four

hours after they were presented; and that the acceptance should be

written on the back of the bill[502].

In the year 1404, the magistrates of Bruges, in Flanders, requested the

magistrates of Barcelona to inform them what was the common practice,

in regard to bills of exchange, when the person who presented a bill

raised money on it in an unusual manner, in the case of its not being

paid, and by these means increased the expenses so much that the drawer

would not consent to sustain the loss. The bill which gave occasion

to this question is inserted in the memorial. It is written in the

short form still used, which certainly seems to imply great antiquity.

It speaks of usance; and it appears that first and second bills were

at that time drawn, and that when bills were not accepted, it was

customary to protest them.

[It may not, perhaps, be uninteresting to the reader to give a short

account of the present mode of conducting transactions of bills of

exchange; this we condense from Waterston’s Encyclopædia of Commerce,

which contains the most recent and practical account.

The individual who issues the bill is called the drawer, the person to

whom it is addressed the drawee, until he consent to honour the draft

or obey the order or bill, by writing his name on the face of it, after

which he is called the acceptor. The bill may be passed from hand to

hand by delivery or _indorsation_, and in the latter case the person

who makes over is called the indorser, and the person who receives

the indorsee. The indorser commonly puts his name on the back, with

or without a direction to pay to a particular person. He who is in

legal possession of the bill and the obligation contained in it, is

called the holder or the payee. There is no particular form for a bill

of exchange required by law, further than that the mandate to pay in

money be distinct, and the person who is to pay, the person who is to

receive, and the time of payment shall be ascertainable beyond a doubt.

By special statute in England, all bills under 20_s._ are void; and

those between that sum and £5 must be made payable within twenty-one

days after date, contain the name and description of the payee, and

bear date at the time of making. Bills of exchange must be on a proper

stamp.

Bills, though they are of the nature of a “chose in action,” which

is not strictly assignable, may be transferred from hand to hand or

negociated. To allow of this, there must be negotiable words, as “or

order” or “bearer.” The various parties upon a bill, besides the

acceptors, indorsers, drawers and others, become liable for its payment

on failure of the acceptor.

Bills of exchange cease in England to be documents of debt on the

expiration of six years from the time named for payment.

In foreign bills, the term “usance” is sometimes employed to express

the period of running in foreign bills. It means a certain time fixed

by custom, as between any two places. An usance between this kingdom

and Rotterdam, Hamburg, Altona, or Paris, or any place in France, is

_one_ calendar month from the date of the bill; an usance between us

and Cadiz, Madrid or Bilboa, _two_; an usance between us and Leghorn,

Genoa, or Venice, _three_.]

A History of Inventions, Discoveries, and Origins, Volume 2 (of 2) · 第 45 / 115 题