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Keep the accepted Bill, but return the non-accepted.
WHen an accepted Bill is protested for Non-payment, I would advise to send away the Protest, as I have shew'd before, but to keep the accepted Bill in your own Custody, except you have ex∣press order to the contrary; for the Protest for Non-payment will be sufficient proof whereby to recover of the Drawer, and then withal if the first Bill be accepted, the second Bill will serve against the Draw∣er, as well as the accepted Bill; but here in England you cannot take course in Law and expect a good Issue in your Suit against the Acceptor, without the original accep∣ted Bill be produced in Court: so that you keeping the accepted Bill by you, and sending your Friend the other Bill (if you have it) with the Protest, he can suffici∣ently thereby claim his Mony of the Draw∣er or Party to whom he hath delivered the Value; and likewise you at the same time (if it be an outland Bill) may implead the Acceptor upon the accepted Bill; and if the Drawer should desire to have in the accepted Bill as well as the other, before he repay the Mony, it will be time enough to send the accepted Bill when it is so de∣sir'd, but I would not advise to send away the accepted Bill with the Protest for Non-payment, for fear it miscarry, nor to part with the accepted Bill without special order and upon good grounds. But if the Bill was never accepted, and not paid at the time, then there is no danger to send back the Bill with the Protest for Non-payment both together; for you have done your whole Diligence needful concerning that Bill, and it will rest wholly upon the Deli∣verer to seek his Remedy against the Ta∣ker up of the Mony, and to procure Pay∣ment thereof from him as is fitting.