B I 
evidence; on which the judges gave their opinion, that 
it was not competent to the defendants to demur; and that 
on the record, as dated, no judgment could be given. 
The whole difclofed a fyftem of bill-negotiation to the 
amount of a million a year, on fictitious credit, which 
ended in the bankruptcy of many; but which had at lealt 
the good effeft of (hewing that the obligations of law are 
not lo ealily eluded as thole of honour and confcience. 
In an action by an indorfee againft an indorfor, it is not 
necelfary to prove either the hand of the drawer or of the 
acceptor, or of any indorfor, before him againft whom 
the action is brought; every indorfor being, with refpeCt 
to fubfequent indorfees or holders, a new drawer, i Ld. 
Raym. 174. Str. 444. a Burr. 675. Where an action is by 
one indorfor who has paid the money, proof mult be given 
of the payment. 
I11 an aCtion by the drawer againft the acceptor, where 
the bill has been paid away and returned, it is necelfary 
to prove the hand-writing of the latter, demand of pay¬ 
ment from him, and ret’ufal, the return of the bill and 
payment by the plaintiff. 10 Mod. 36, 7. i Wilf. 185. In 
an action on the cafe by the acceptor againft the drawer, 
the plaintiff mu ft prove the hand-writing of the defendant, 
and payment of the money by himfelf, or fomething equi¬ 
valent, as his being in prifon on execution. 3 Wilf. 18. 
Where a bill is accepted, or a bill or note is drawn or 
indorfed by one or two or more partners, on the partner- 
fhip account, proof of the fignature of the partner accept¬ 
ing, drawing, or indorfing, is fufficient to bind all the reft. 
1 Salk. 126. 1 Ld. Raym. 175: fee Carvick v. Vickery, 
Doug. 653. Where a fervant has a general authority to 
draw, accept, or indorfe, bills or notes, proof of his figna¬ 
ture is fufficient againft the mafter ; but his authority mull 
be proved, as that it "was a general cuftom for him to do 
fo, &c. Set Comb. 450. 12 Mod. 346. An aftion on a bill 
of exchange being by an executor, and upon a debt laid to 
be due to teftator, it was held necelfary to prove that the 
acceptance was in the teftator’s life-time. 12 Mod. 447. 
Where the defendant buffers judgment by default, and 
the plaintiff executes a writ of enquiry, it is fufficient for 
the latter to produce the note or bill without any proof of 
the defendant’s hand. 2 Str. 1149. 2 Black. Rep. 748. 3 
Wilf. 155 ; and finally, 3 Term Rep. 301, Green v. Hearne; 
in which the court faid, that, by buffering judgment to go 
by default, the defendant had admitted thecaufe of action 
to the amount of the bill, becaufe that was fet out on tiie 
record; and the only reafon for producing it to the jury 
on executing the writ of inquiry, was to fee whether any 
part of it had been paid. And now it feems on fuch 
judgment, a writ of inquiry is not necelfary ; for the court 
on application by the plaintiff, will, if no good reafon be 
fliewn to the contrary, refer it to the proper officer, to af- 
certain the damages and corts, and calculate the intereft. 
Ruled Anon. B. R. Hil. 26 Geo. III. Bailey , 67. Rafhleigh 
v. Salmon, H. Black. Rep. C. P. 252. 
Befides the different fubjeifts of defence, which may be 
collected from the whole of the general principles here fo 
fully explained, the mod ufual are thofe which arife either, 
from the total want of confideration, or from the illegality 
of the conlideration for which the bill or note was given. 
In general no advantage can be taken of the illegality of 
the confideration, but as between the perfons immediately 
concerned in the tranfadlion ; any fubfequent holder of 
the bill or note, for a fair confideration, cannot be affedted 
by it. But there are cafes, in which it has been deter¬ 
mined, that by the conltrudlion of certain ftatutes, even 
the innocent indorfee fhall not recover againft the accep¬ 
tor of the bill or drawer of the note ; as on flat. 9 Anne, 
c. 14, which abfolutely invalidates notes, bills, See. given 
for money won at play. 2 Stra. ir55. So on flat. 12 Anne, 
2. c. 16. as to fecurities on ufurious contracts ; Lowe v. 
Waller, Doug. 736. And reafoning by analogy, on flat. 5 
Geo. II. c. 30. againft notes given by a bankrupt to pro¬ 
cure his certificate. It has however been repeatedly ruled 
at nifi prius, that wherever it appears that a bill or note 
Vo l. III. No. 1x5. 
L L. ' 3 7 
lias been indorfed over, after it is due, which is out of the 
ufual courfe of trade, that circumftance alone throws fuch 
a fufpicion on it that the indqrlee muff take it on the cre¬ 
dit oi' the indorfor, and muff (land in the fituation of tfie 
perfon to whom it was payable. 3 Term Rep. So, 83. 
If a bank-note payable to A. B. or bearer, be loft, and 
it is, found by a ftranger, payment to him would indemnify 
the bank ; yet A. B. may have trover againft the finder, 
though riot againft his aflignee for valuable confideration, 
which creates a property. 3 Salk. 71. If the poffeffor of 
a bill by any accident lofe-s it, he mu ft caufe intimation to 
be made by a notary public before witped'es,. that the bill 
■is loft or miflaid, requiring that payment be not made of 
the fame to any perfon without his privity. And by ftat. 
9 and 10 Will, III. c. 17, if any inland bill of exchange for 
five pounds or upwards, fliall be loft, the drawer of the 
bill fliall give another bill of the fame tenor, fecurity be¬ 
ing given to indemnify him, in cafe the bill fo loft be found 
again. If a bill loft by the polfeffor lliould afterwards 
come into the polfeffion of any perfon paying a full and 
valuable confideration for it, without knowledge of its 
having been loft, the drawer (and acceptor, if the bill 
was accepted) mud pay it when due to fuch fair pofleftbr, 
fo that the provilion of the ftatute may in many cafes be 
ufelefs to the lofer of the bill. But againft the perfon 
who finds the bill, the real owner may maintain an action 
of trover. 1 Salk. 126. 1 Ld. Raym . 73S. 
Stealing of bills of exchange, notes. See. is felony in 
the lame degree, as if the offender had robbed the owner 
of fo much money, See. And the forging bills of ex¬ 
change, or notes for money, indorfements, &c. is felony, 
by fiat. 2 Geo. II. c. 23. 9 Geo. II. c. 18. 
Bill of FARE,yi An account of the provifions in any 
particular feafon ; in an inn or tavern, or of the difhes at 
a dinner or feaft. 
Bill of Indemnity, is an aft of parliament, palled 
every feffion, for the relief of thofe who have unwittingly, 
or unavoidably, neglected to take the necelfary oaths, &c. 
required for the purpofe of qualifying them to hold their 
refpeCtive offices. 
Bill of Lading, f. An acknowledgement figned by 
the mafter of a (hip, and given to a merchant, &c. con¬ 
taining an account of the goods which the mafter has re¬ 
ceived on-board from that merchant. Each bill of lading 
muff be treble, one for the merchant who loads the goods, 
another for the perfon to whom they are configned, and 
the third to remain in the hands of the mafter of the Chip. 
Bills of Mortality, are accounts of the number 
of births and burials within a certain diftriCt every week, 
month, quarter, or year. In this fenfe we fay weekly bills, 
monthly bills, quarterly bills, yearly bills. The London bills 
of mortality are compofed by the company of parifh-clerks, 
and exprefs the number of chriftenings of each fex, and 
the number of deaths from each particular difeafe. Bills 
of mortality were firft introduced on the diffolution of mo- 
nafteries, in the reign of Henry VIII. by the order of 
Thomas Cromwell, earl of Elfex ; at which time every 
incumbent minifter in all the parifhes in England was en¬ 
joined to keep a regifter of weddings, chriftenings, and 
burials. 
Bill of Parcels, f. An account given by the feller 
to the buyer, containing the particulars of all the forts and 
prices of the goods bought. 
Bill of Rights, f. in law, is a declaration delivered 
by the lords and commons to the prince and princefs of 
Orange, 13th February 1689 ; and afterwards enadled in 
parliament, when they became king and queen. It fets 
forth, that king James did, by the affiftance of divers evil 
counfellors, endeavour to fubvert the laws and liberties of 
this kingdom, by exercifing a power of difpenling with 
and fufpending of laws ; by levying money for the ufe of 
the crown by pretence of prerogativewithout confent of 
parliament; by profecuting thofe who petitioned the king, 
and difcouraging petitions ; by raifing and keeping a (land¬ 
ing army in time of peace; by violating the freedom of 
L election 
