Bill payable at a prefixt day.
A Bill of Exchange made at any part be∣yond the seas, where they dousually write new stile, which is ten days before our English stile, being old stile, and such a bill being made payable on such, or such a day, of such, or such a month, you must know in this case, that you have nothing to do with the date of the Bill, but you are only to look to the day of the month posi∣tively expressed in the Bill, and that very day of the month according to our stile here in England, must be expired before the bill will be due; and a bill so made payable is not to be understood on such, or such a day new stile, (except the same be so particularly expressed) but on such, or such a day old stile, according to the stile and usual computation observed at the place where it is made payable: As for instance, suppose a Bill of Exchange were made pay∣able in this manner following.
Laus Deo, in Amsterdam the 7th. of February 1655. for 200 l. sterling.
ON the ninth day of March next pay this my first Bill of Exchange to Mr. Robert W. or his assigns, the sum of two hundred pounds sterling for the value received of Mr. Charles D. and put it to account as per advice.
Francis P.
To Mr. George H. Merchant in London P•
This Bill of Exchange will not be due un∣til the ninth day of March English stile, and it cannot be accounted due (as some would have it) on the twenty seventh of February old stile, which is the ninth of March new stile; for it relates to the stile of the place where the bill is made payable, and not to the computation of the place or country where the Bill is dated. For suppose now Mr. Robert W. in the Bill mentioned should demand payment of this Bill on the last of February and first of March old stile, and Mr. George H. should tell him, that he would pay it the ninth of March our stile, when due according to the tenor of the Bill, and not before, I would fain know how any Notary (if he understand himself) can protest upon such an answer, or can draw out any legal protest for non pay∣ment before the ninth of March old stile be expired: For (pray observe) if the Notary dateth his protest for non-payment on any day before the ninth of March old stile, ac∣cording to the computation of the place where the bill is payable, he will make his protest bear date before the bill is due, and so will be illegally made, and even the pro∣test it self will carry that along with it which will certainly cut its own throat; for the bill is made payable the ninth, and the protest will bear date before the day of pay∣ment be come, as may evidently appear: And yet this very case (to my knowledge) hath stumbled a Merchant of no small rank and commerce in Bills of Exchange, who having such a Bill of Exchange payable to him, would fam have persuaded himself (for the acceptor, nor me he could not,) that the bill would be due the 27 old stile, and if the party on whom the bill was drawn would not so accept it, my Merchant was very earnest to have a protest made; whereupon to make things plain, and thereby convince him of his errour, I di∣rected the acceptor to underwrite the Bill thus, Accepted to pay the ninth of March, according to the tenor of the Bill, which when