Protest for non-payment returned.
BUT if a protest be returned for want of payment, and if you have had se∣curity already given you on the protest for non-acceptance, or for want of better security, then upon receipt of your protest for non-payment you may only acquaint the drawer (or party that took up the mo∣ny) therewith, and tarry out the same pro∣portion of time at which the Bill was made payable, to be accounted from the time it fell due, before you demand your prin∣cipal mony with the rechange and charges of the party that drew the Bill, or of his surety, who, according to the Law of Merchants, are bound joyntly and seve∣rally to repay the same upon the protest for non-payment: but if the Bill was ac∣cepted, and the acceptor not failed, so that there was not any protest made till the Bill fell due, and then there comes a protest for want of payment: In this Case you must take security upon that protest for non-payment, as is directed here be∣fore upon the protest for non-acceptance, except the drawer do presently pay down the money, and interest, and charge, accrewing from the day it fell due until that very day of shewing him the protest for non-payment, and that you do con∣sent thereunto; for otherwise, in case a Bill be protested for non payment, and the protest exhibited to the drawer, he may (giving security, as before) keep the money until so much time more be elapsed as the Bill was drawn for, before he can be compelled to make payment: As now for instance, if the Bill be da∣ted in Amsterdam the ninth of February, and payable at usance in London, and protested for non-payment, the drawer may claim the like time of usance for re∣payment thereof, as above; so that as there was one month for the Exchange of the mony from Amsterdam to London, so likewise there must be another month for re-exchange of the mony from London back again to Amsterdam; and thus you see it will be the ninth of April before you can have your money with the re∣exchange thereof, and charges at Amster∣dam; but if the drawer will keep the mo∣ny out the time, and yet will not give security upon the protest, then the deli∣verer may presently take a course in Law against him, and he will be com∣pelled to repay the same with costs, and considerable damage.