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A51124 De jure maritimo et navali, or, A treatise of affairs maritime and of commerce in three books / by Charles Molloy. Molloy, Charles, 1646-1690.; White, Robert, 1645-1703. 1676 (1676) Wing M2395; ESTC R43462 346,325 454

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in the Bills is that which is the Averidge or Contribution for losses ●…ghton Ar●…c Enquiry 27 28. Per Leg. Oleron Cap. 15. Per Leg. Oleron Cap. 14. Exod. 30. 31. Moses Kotsenses Printed at Venice 1557. de Siclis fo 12●… Col. 2. Alex. Gendier l. 5. cap. 30. 〈◊〉 Reg. Orig. 194. Statut. 5 R. 2. cap. 2. 3 H. 7. 6. 〈◊〉 E. 〈◊〉 Acton B●…nel This Usury was first introduced by the Jewes here in England Vide Co. 2. Inst. fo 506. 3 4 H. 7. * And therefore some are of opinion that there can be no certain rate set on the Par in Exchange to answer justly the value of the Coyns of Forraign Parts by reason of the diversity of them and of their intrinsical values Vide Sir Robert Cottens Posthuma fo 306. Cro. 2. so 7. Martin versus Bour. Pasch. 1 Jac. in B. R. Reg. Orig. fo 194. Statut. 5 〈◊〉 2. Cap. 2. Consuetudo quandocunque pro lege Servatur saith Bracton in partibus ubi fuerit more utentium approbata longaevi enim temporis usus consuetudinis non est vilis authoritas lib. 1. Cap. 3. Words are made to signifie things By the word Deliverer is meant he that payes the Money beyond Sea By the word Drawer he that writes or drawes the Bill of Exchange the person upon whom is called the Acceptor Nor is any such thing as a 3. dayes respite to be allowed for acceptance Per Jasonem in lege allegantur ff de conditionibus indebiti Mich. 19 Jao C. B. Vanheath versus Turner Winch. 24 25. Trin. 20 Car. 2 in B. R. The receiving of part of the Moneys upon the Bill does no wayes weaken the Bill Per leg publia in si ff depositi per Bart. ibidem per Romanum singulari 474. Words are made to signifie things Therefore by the word Deliverer is meant he that payes the Money he that drawes the Bill is called the Taker or Drawer And the party upon whom is called the Accepter Styles Pasch. 1654. in B. R. fo 370. * That is for not payment the Bill being once accepted Styles Reports in B. R. 370. Monck versus Clayton Mil ' and Morris Mich. 22 Car. 2. in B. R. And though the same seems an act of Wisdome for Merchants and others so to take yet it oftentimes proves the destruction of many a Family The Father puts out the Son perhaps with no less then 2 or 300 l and is himself become bound for his Truth and just Accounting c. The Servant is immediately trusted with his Cash and then he too young experienc'd in the World either neglects keeping a iust account or keeping that subjects his Masters Cash to be spent by himself and those who make it their sole Trade to betray such Youths The Master finding the consumption calls his Servant to account who conscious of the act forsakes his Service dares not see his Relations and then as a general consequence falls into a Company the which nothing but Providence can preserve from taking their wicked courses The Father is called to answer what ever the Master does say the Servant hath spent or imbezled none being able to contradict him he must with a heart full of grief submit to and pay besides the loss of the Moneys advanced upon the Servant's first putting forth Which sometimes proves a great affliction in a Family On the other side if Servants were not to be entrusted the Mystery could not be learnt nor the business dispatched and therefore faith must be given but then it were Justice and Honesty that as a Father puts perhaps the Child of his love to one in whom he reposes a faith and trust that the Master should be then as a Parent so they should prevent all occasions that might subject them to Temptations and not be over-hasty in Trusting them with the Cash which is the very Bait our London Gamesters catch such Gudgeons Rastal 339. Bald. in r●… br de constitut pecunia in ult Col. leg quidem ff eodem Col. penult Bald. in Leg. pro debito C. de bon actor Judi possiden per Bartol in Leg. singularia Col. 7. ff probatur Pinchard versus Fowk Styles 416. Pasch. 1654. in B. R. Styles 370. London Holland There are two Protests 1. For non-acceptance which is called intimation 2. for non-payment * Which is look'd upon to be the third day There is no danger be the party never so responsible to protest immediately if the money be not paid when it is due i. e. the third day but there may especially beyond Seas be great hazard for want of protesting In leg pno debito in fine C. de bonis author Judi possiden 14 dayes allowed from the death before Administration can be committed unless there be a Will But an Intimation ought to go and that the Acceptor is willing to pay according to Order * L. 1. Cap. 1. §. 1 2 3. * Aristotle Polit. † Campanella Monarch His●… Money is like the middle term of a Syllogisine of which it is said Quo conveniunt in tertio conveniunt inter se. † Poland and generally in most of those Northern Countries Vide Chap. of Exchange §. 1. Leg. 3. D. de Naut faen l. 1. eod l. 62. D. de rei Vindic. Locinius lib. 2. Cap. 4. §. 2. † Leg. Faen Naut leg periculi ●…od Vide Passim ad leg de Faen Naut DD. leg Naval Rhod. Vide leg 3. C. de Faen Naut Leg. Naval Art 17. Art 18. * Testatur Vinius in Peckium ad I. L. Nautic quem vide pag. 95. Leg. Oleron Cap. 1. Leg. 4. D. de Naut faen l. 1. C. eod leg qui Romae §. Callimachus de verb. obl ibi Gothfr alios Scarborrough and Lyrius Pasch. 3 Car. in B. R. Rott 213. Noy 95. 16 Car. cap. 6. A good Law and ought to be encouraged It 's pity it was not continued * Joh. Locinij l. 2. Cap. 4. §. 1. Latches Rep. fo 252. Scarborongh ' s case † Teste Camdeno in Britannia p. m. 149. Locinius lib. 2. Cap. 4. §. 1. Toto lit Dig. Cod. de Naut faen Doctorum sic hardus in tit Cod. de Naut faen n. 4. Trajectitia pecunia propter periculum creditoris quamdiu navigat navis infinit as usur as capere potest upon which Law it was observed by Anianus Quia Maris periculo committitur quant as convenerit usur as hanc pecuniam dare Creditor potest * Trin. 6 Jac. in B. R. 2. Cro. 258. Sharpley versus Harroll Verum enim vero hie propriè non versari damnatum foenus sed compensationem aliquam periculi quod creditor contra naturam mutui in se recepit patrim Johannes Locinius li●… 2. Cap. 4. §. 1. 2. * C. B. Hill 22 23 Car. 2. Vide Carolus Molinaeus de usur q. 3. n. 92. ait hoc approbant omnes Theologi ut Creditor possit aliquid accipere ultra fortem pro