360 ARTICLE 13.
An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1785, ch. 38, sec. 1.
2. If any endorser of such bill shall pay to the owner or holder of such
bill the value of the principal, and the damages and interest aforesaid, he
shall have the right to recover the sum paid, with legal interest upon the
same, from the drawer or any other person, corporation or company liable
10 such endorser, upon such bill of exchange.
Unless the endorser has paid the damages prescribed by sec. 1, he is not entitled
to recover such damages. United States v. Bank of United States, 2 How. 734;
United States v. Bank of United States, 5 How. 396.
An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1785, ch. 38, sec. 2.
3. All inland bills of exchange or orders drawn by a citizen, company
or corporation of any other State, district or territory, or any person therein
residing, or being, on any person, company or corporation of this State,
or any person therein residing or being, shall be liable to official protest by
a notary public, or by the clerk of the circuit court for the county, who is
hereby vested with power to make such protest under his seal of office, and
the clerk shall receive therefor, from the person requiring the same, the
sum of one dollar.
An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1785, ch. 38, sec. 3.
4. The owner or holder of any bill of exchange drawn in this, State
upon any person, company or corporation in any other State, district or
territory of the United States, and protested according to the laws or
customs of the place where such bill shall be made payable, shall be
entitled to recover so much current money as will produce a good bill of
exchange at the current exchange of such bills, and also eight per cent,
damages upon the value of the principal sum mentioned in such bill, and
costs of protest, together with legal interest upon the value of the principal
sum therein mentioned, from the time of protest until the principal and
damages are paid and satisfied.
An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1785, ch. 38, sec. 3.
5. If any endorser of any such bill shall pay to the owner or holder
thereof the value of the principal and the damages and interest aforesaid,
such endorser shall have a right to recover the sum paid, with legal interest
upon the same, from the drawer or any person, company or corporation
liable to such endorser upon such bill of exchange.
An. Code, sec. 6. 1904, sec. 6. 1888; sec. 6. 1837, ch. 253.
6. A protest, duly made by a notary public, of a promissory note for
non-payment, or of a bill of exchange, whether foreign or inland, for
non-acceptance or non-payment, shall be prima facie evidence of such
non-acceptance or non-payment, and of the presentment of such note for
payment, or of such bill for acceptance or payment, at the time and in
the manner stated in the protest.
This section must be strictly construed, and the protest is prima facie evidence
of non-acceptance or non-payment, and of presentment at the time and in the
manner stated only. Collateral and independent matters contained in the protest
are not evidence. Reier v. Strauss, 54 Md. 286; Weems v. Farmers' Bank, 15
Md. 239.
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