AN ACT to revise the law in relation to promissory notes, bonds, due bills and other instruments in writing. [Approved March 18, 1874. In force July 1, 1874.]

1. DAMAGES ON FOREIGN BILLS PROTESTED.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any bill of exchange, drawn or indorsed within this state, and payable without the limits of the United States, is duly protested for non-acceptance or non-payment, the drawer or indorser thereof, due notice being given of such non-acceptance or non-payment, shall pay said bill, with legal interest from the time such bill ought to have been paid, until paid, and ten per cent. damages in addition, together with the costs and charges of protest. [R. S. 1845, p. 384, § 1.

2. DAMAGES ON DOMESTIC BILLS PROTESTED.] § 2. If any bill of exchange drawn upon any person, or body politic or corporate, out of this state, but within the United States or their territories, for the payment of money, shall be duly presented for acceptance or payment and protested for non-acceptance or nonpayment, the drawer or indorser thereof, due notice being given of such nonacceptance or non-payment, shall pay said bill, with legal interest from the time such bill ought to have been paid, until paid, together with costs and charges of protest, and in case suit has to be brought on such bill of exchange, five per cent. damages in addition. [R. S. 1845, p. 384, § 2.

3. EFFECT OF NOTES, ETC.] § 3. All promissory notes, bonds, due bills and other instruments in writing, made or to be made, by any person, body politic or corporate, whereby such person promises or agrees to pay any sum of money or articles of personal property, or any sum of money in personal property, or ac knowledges any sum of money or article of personal property to be due to any other person, shall be taken to be due and payable, and the sum of money or article of personal property therein mentioned shall, by virtue thereof, be due and payable as therein expressed. [R. S. 1845, p. 384, § 3.

4. NOTES, ETC., ASSIGNABLE BY INDORSEMENT.] § 4. Any such note, bond, bill, or other instrument in writing, made payable to any person named as payee therein, shall be assignable, by indorsement thereon, under the hand of such person, and of his assignees, in the same manner as bills of exchange are, so as absolutely to transfer and vest the property thereof in each and every assignee successively. [See "R. R. and W," ch. 114, § 117. R. S. 1845, p. 384, § 4.

5. SUIT BY ASSIGNEE.] § 5. Any assignee to whom such sum of money or personal property is, by such indorsement or indorsements, made payable, or in case of the death of such assignee, his executor or administrator, may,

in his own

name, institute and maintain the same kind of action for the recovery thereof, against the person who made and executed any such note, bond, bill or other instrument in writing, or against his heirs, executors or administrators, as might have been maintained against him by the obligee or payee, in case the same had not been assigned; and in every such action, in which judgment shall be given for the plaintiff, he shall recover his damages and costs of suit, as in other cases. [R. S. 1845, p. 385, § 5.

6. PAYMENT AFTER NOTICE OF ASSIGNMENT.] § 6. No maker of any such note, bond, bill, or other instrument in writing, or other person liable thereon, shall be allowed to allege payment to the payee, made after notice of assignment, as a defense against the assignee. [R. S. 1845, p. 385, § 6.

7. LIABILITY OF ASSIGNOR.] § 7. Every assignor, or his heirs, executors or administrators, of every such note, bond, bill, or other instrument in writing, shall be liable to the action of the assignee thereof, or his executors or adminis trators, if such assignee shall have used due diligence, by the institution and prosecution of a suit against the maker thereof, or against his heirs, executors or administrators, for the recovery of the money or property due thereon, or damages in lieu thereof: Provided, that if the institution of such suit would have been unavailing, or the maker had absconded, or resided without or had left the state, when such instrument became due, such assignee, or his executors or administrators, may recover against the assignor, or against his heirs, executors or administrators, as if due diligence by suit had been used. [R. S. 1845, p. 385, § 7.

8. NOTES, ETC., PAYABLE TO BEARER.] § 8. Any note, bond, bill, or other instrument in writing, made payable to bearer, may be transferred by delivery thereof, and an action may be maintained thereon in the name of the holder thereof. Every indorser of any instrument mentioned in this section shall be held as a guarantor of payment unless otherwise expressed in the indorsement.

9. FAILURE OF CONSIDERATION.] § 9. In any action upon a note, bond, bill, or other instrument in writing, for the payment of money or property, or the performance of covenants or conditions, if such instrument was made or entered into without a good and valuable consideration, or, if the consideration upon which it was made or entered into has wholly or in part failed, it shall be lawful for the defendant to plead such want of consideration, or that the consideration has wholly or in part failed; and if it shall appear that such instrument was made or entered into without a good or valuable consideration, or that the consideration has wholly failed, the verdict shall be for the defendant; and if it shall appear that the consideration has failed in part, the plaintiff shall recover according to the equity of the case: Provided, that nothing in this section contained shall be construed to affect or impair the right of any bona fide assignee of any instrument made assignable by this act, when such assignment was made before such instrument became due. [R. S. 1845, p. 385, § 10.

10. FRAUD.] § 10. If any fraud or circumvention be used in obtaining the making or executing of any of the instruments aforesaid, such fraud or circumvention may be pleaded in bar to any action to be brought on any such instrument so obtained, whether such action be brought by the party committing such fraud or circumvention, or any assignee of such instrument. [R. S. 1845, p. 386, § 11.

11. DEFENSE.] § 11. If any such note, bond, bill, or other instrument in writing, shall be indorsed after the same becomes due, and any indorsee shall institute an action thereon against the maker of the same, the defendant being maker shall be allowed to set up the same defense that he might have done had the action been instituted in the name and for the use of the person to whom such instrument was originally made payable, or any intermediate holder. [R. S. 1845, p. 385, § 8.

12. SET-OFF.] § 12. In any action upon a note, bond, bill, or other instrument in writing, which has been assigned to or transferred by delivery to the plaintiff after it became due, a set-off to the amount of the plaintiff's debt may

be made of a demand existing against any person or persons who shall have assigned or transferred such instrument after it became due, if the demand be such as might have been set-off against the assignor, while the note or bill belonged to him.

13. PAYMENTS BEFORE ASSIGNMENT.] § 13. If any such note, bond, bill, or other instrument of writing, shall be assigned before the day the money or prop erty therein mentioned becomes due and payable, and the assignee shall institute an action thereon, the defendant may give in evidence at the trial any money or property actually paid on the said note, bond, bill, or other instrument in writing, before the said note, bond, bill, or other instrument in writing was assigned to the plaintiff, on proving that the plaintiff had sufficient notice of the said pay ment before he accepted or received such assignment. [R. S. 1845, p. 385, § 9.

14. LOST INSTRUMENTS.] § 14. In any action founded upon any note, bond, bill, or other instrument in writing, or in which the same, if produced, might be allowed as a set-off in defense, if it shall appear that such instrument was lost while belonging to the party claiming the amount due thereon, to entitle him to recover upon or set-off the same, he may, in the discretion of the court, be re quired to execute a bond to the adverse party in a penalty at least double the amount of such note, bill or instrument, with sufficient security, to be approved by the court in which the action is pending, conditioned to indemnify the adverse party, his heirs, executors and administrators, against all claims by any other person on account of such instrument, and against all cost and expenses by reason thereof.

15. DAYS OF GRACE.] 15. No promissory note, check, draft, bill of exchange, order, or other negotiable or commercial instrument, payable at sight, or on demand, or on presentment, shall be entitled to days of grace, but shall be absolutely payable on presentment. All other bills of exchange, drafts, or promissory notes, shall be entitled to the usual days of grace. [L. 1861, p. 119, § 1.

16. TIME.] § 16. In all computations of time, and of interest and discounts, a month shall be considered to mean a calendar month, and a year shall consist of twelve calendar months; and in computations of interest or discounts for any number of days less than a month, a day shall be considered a thirtieth part of a month, and interests or discounts shall be computed for such fractional parts of a month upon the ratio which such number of days shall bear to thirty. [L. 1861, p. 119, § 3; L. 1865, p. 128, § 1.

17. HOLIDAYS.] § 17. The following days, to-wit: The first day of January, commonly called new year's day; the fourth day of July, and the twenty fifth day of December, commonly called christmas day, and any day appointed or recommended by the governor of this state, or the president of the United States, as a day of fast or thanksgiving, shall, for all purposes whatsoever, as regards the presenting for payment or acceptance, the maturity and protesting and giv ing notice of the dishonor of bills of exchange, bank checks and promissory notes, or other negotiable or commercial paper or instruments, be treated and considered as is the first day of the week, commonly called Sunday; and all notes, bills, drafts, checks, or other evidence of indebtedness, falling due or maturing on either of said days, shall be deemed as due or having matured on the day previous; and should two or more of those days come together, or immediately suc ceeding each other, then such instruments, paper or indebtedness shall be deemed as due or having matured on the day previous to the first of said days. [L. 1861, p. 119, § 2.

AN ACT to provide for the appointment, qualification and duties of notaries public, and certifying their official acts. [Approved April 5, 1872. In force July 1, 1872. L. 1871-2, p. 574.]

1. APPOINTMENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the governor may appoint, by and with the advice and consent of the senate, and commission as notaries public, as many persons having the qualifications of electors, and resident in the county in this state for which they are appointed, as he may deem necessary. [R. S. 1845, p. 391, § 1. L. 1857, p. 144, § 1; L. 1867, p. 134, § 1.

2. PETITION.] § 2. No person shall be appointed a notary public, except upon the petition of at least fifty legal voters of the city, town, village or precinct in which such person resides.

3. TERM OF OFFICE.] § 3. Each notary public so appointed and commissioned shall hold his office for the term of four years, unless sooner removed by the governor. [R. S. 1845, p. 391, § 1.

4. BOND OATH OF OFFICE.] § 4. Before entering upon the duties of his office he shall give a bond, payable to the People of the State of Illinois, in the sum of $1,000, with sureties to be approved by the governor, conditioned for the faithful discharge of the duties of his office, and shall take and subscribe the oath of office prescribed by the constitution. The oath and bond shall be deposited in the office of the secretary of state. [R. S. 1845, p. 392, § 7.

5. APPOINTMENT, ETC., ENTERED IN COUNTY CLERK'S OFFICE.] § 5. He shall also, before entering upon the duties of his office, have a memorandum of his appointment, and the time when his office will expire, entered in the office of the county clerk of his county in a book to be kept for that purpose by said clerk, for which entry he shall pay a fee of twenty-five cents.

6. CERTIFICATE OF MAGISTRACY.] § 6. The county clerk of the county in which such memorandum is entered, or the secretary of state, may grant certifi cates of magistracy of notaries public. The certificate of a clerk shall be under his hand and official seal, and that of the secretary of state under the great seal of the state; the fee for such certificate shall be twenty-five cents.

7. NOTARIAL SEAL.] $7. Each notary public shall, upon entering upon the duties of his office, provide himself with a proper official seal, with which he shall authenticate his official acts, upon which shall be engraved words descriptive of his office, and the name of the place or county in which he resides. [As amended by act approved May 1, 1873; in force July 1, 1873.

8. CURATIVE.] § 2. All notarial acts of notaries public in this state which may have been authenticated by a seal, as described in the first section of this act, [§ 7 above] prior to the time that this act shall take effect, shall be held good and valid as if done and performed under this act. [Act of May 1, 1873.

9. DEPOSIT OF RECORDS ON EXPIRATION OF OFFICE.] § 8. On the expiration of the term of office of a notary public, he, or in case of his deccase, his legal representatives, shall deposit the records of his office in the office of the county clerk of his county: Provided, that when he is continued in office by reappointment, he may retain such records so long as he shall remain in office.

10. NOTARY'S AUTHORITY.] § 9. A notary public duly qualified shall have authority, while he resides in the same county in which he was appointed, to exe cute the duties of his office throughout the state. [L. 1869, p. 299, § 1.

11. PROTESTS-NOTICES.] § 10. It shall be the duty of each and every no. tary public in this state, whenever any bill of exchange, promissory note or other written intrument, shall be by him protested for non-acceptance or non-payment, to give notice in writing thereof to the maker, and to each and every indorser of any bill of exchange, and to the maker or makers of, and each and every security or indorser of any promissory note or other written instrument, on the same day the said protest is made, or within forty-eight hours from the time of such protest. [R. S. 1845, p. 392, § 4.

12. NOTICE OF PROTEST.] § 11. It shall be the duty of each and every notary public personally to serve the notice upon the person or persons protested against, provided he or they reside in the town, precinct, city or village where such protest was made, or within one mile thereof; but if such person or persons reside more than one mile from such town, precinct, city or village, then the said notice may be forwarded by mail or other safe conveyance. If the city where the protest is made contains ten thousand or more inhabitants, the notice may be forwarded by mail. [R. S. 1845, p. 392, § 6.

13. RECORD.] § 12. Each notary public shall keep a correct record of all such notices, and of the time and manner in which the same are served, the names of all the parties to whom the same are directed, and the description and amount of the instrument protested. [R. S. 1845, p. 392, § 5.

14. EVIDENCE.] § 13. Said record, or a copy thereof, duly certified, under the hand and seal of the notary public or county clerk having the custody of the original record, shall be competent evidence to prove the facts therein stated, but the same may be contradicted by other competent evidence. [R. S. 1845, p. 392, § 5.

15. CURATIVE.] § 14. It shall not be an objection to the validity of any act of a notary public, done before the taking effect of this act, that the certificate thereof does not show the name of the city, town or county for which the notary was commissioned, if it shall appear from the certificate that the act was done within this state. [L. 1869, p. 299, § 2.

[§ 15, repeal, omitted; see "Statutes," ch. 131, § 5.]