, 1859-12-29

Law INT
DAMAGES on niL1s or kxcHASCE.
Coox Cocxzx C,acr.r CorE4-November Term.
1852 Clifton IL Taylor-Coaf*sion Of
Jadgm<at.
4 case Was recently presented to Judge ME-
ierre for decision, inTolring construction Of
the following enactment:
SEC g II any bill Of exchange drawn upon
nny person or body positic or corporate, out Of
this State but within the United Stat. - or Ter
ntos1ea, Tor the payment Of money, and e1-
pressed to be for Ya!ue received, shall be duly
presented for acceptance or payment, and pro-
tested Tor non on-scceptanct or nou.p4y ment, the
drawer or endorHer thereof, due notice being
gircu of such uon. acceptance or non.paJment,
shall pay said bill with legal interest from The
time such bill ought to hare been paid, until
paid. and fve per oe<k: damages in addition, to-
Laws Or 1915. entitled Negotiable iastrrneats.
The plaintiff ho|!iag s,protested bill of ex-
change, drawn by the defendant upon person
residing rith,n this state, but payable At bank
iu the city Of New Yort, had caused = Judgment
By confession to t<tentksed upon it, by virtue
Of an accompanying poWefof attorney, and had
included five per gent. damages in the judg-
n1ent. 4 motion was :nat11a dY thu defendant to
set aside tue Judgment. unless the plaintiF
would remit the d.nages{s375) SO included.
Judge sfaaiesre held. That to bring case
within the words ef thls statute, : bill Of ex-
change must be drawn up:l soue person or
body polite residing or being out Of this State;
and that hill drawn upon person residing in
this State il not brought within tie trords Of the
act By being naa41e payable out Of the State.
Nevertheless sueh case would seem to b as;
much within the perview and policy OF the
language Of the l.w. And If this were
q statute to be fsvorab2y construed, it
would be the duty Of the court 30 to con.
strue it as to ioclnde all cases, though not
within the lette-, which IRE Jet within the same
mischief or causs Of making the statute. And
the reason for 80 doing is, that the law-giver
could not possibly sci down all cases in express
terms.
But this enactmertdocs not come within that
class Of statutes Ga the contrary, it il penal in
its character, and = favorable rule of constsuc-
tion is never: applied 70 penal statutes. If =
case does not fall within the letter Of such q
statute, is to be treated as omitted case orl
which no ruIe Is prescribed, and it cannos be
included by equitable construction, however,
clearly it may appear. to fall within the reason
Of the statute. Ii Day vs. Hackney, 90 ILL.,, l3s, /!
= case ia1olving the construction Of statute!
similar in principle, II WAS said by Judge Cation
That penal statute must b strictly con-
**strued- We cannot extend it BY construction
"expressionB Of the ensctment."
Therefore, Us The case in consideration does
not fal! within the words OF the statute. the
plaintiff had no right to include damages 10 his:
judgment; and unless he remit the amount SO
included. the motion Of tho defendant will be
Fuller and McCagg, in support Of the motion, !
cited Ohio, e92 . Sneed Tenn, 140; 12 Peters,
81; Bsackf- -. Gookings, Thomas and Rob
ert., contra, cited Il Peters, 81, Of Monroe es5.
Yorse Mss's REPus.1cAx 'Assoc1Anox.-on
Tuesday evening last the following Constitution!
was adopted BY the Young Men's Republican:
Association, Of chicsgD, recently organized In
Section YlRs7.
ARTICLE l. This Association shall be known
a. the Young Mems Republican Association, Of
Chicago. Its object shall be By union Of inter:
est to secure the success: Of Republican meas
ures and Republican principles. r." :.
Il ARTICLE 9. ANY Republican voter Of Chicago,
under the age Of thiny: years, n.y become =
thirds Of the members present, and upon sign
ing the Constitution -
l. SECTION srtosp.
aA1tLa - 1Ae ou4EeIt o1 ILLS .AA4oCaa1lQ0
shall consist Of President, three Vice Presi-
dents, Recording SECRETARY, Corresponding
Secretary. Treasurer md Committee Of Ways
'ns aa4tsts asaa:' :. rhs r44,;i, y;e. Presidents,
Secretaries and TretkurcrAhdl he elected by
ballot at the last meeting in December and con
tinuc in oiIce until The last Meeting in March.
The Committee Of Ways and Means shall he
appointed by the President.
1rr1c1E !. The duties Of officers of this
Association shall be those pertaining to the
same Office in slmilar Associations, excepting
those Of the Committee Of Ways md Meaaa.
ARTICLE l. The Committee Of Wars and
Means shall consist Of one from each Ward IN
the City Of Chicago; the President aud Re
'eording Secretary shall be er~edEao members Of
this Committee. 1t shall be The duty Of this
Committee to make all necessary Arrangements
for stated and special meetings Of the 1ssocia-
/ ton, and raise monies that mar he necessary
! and pay the same to the Treasurer, taking bis
| receipt therefor, mud zepottto The Association
when called upon in reference TO al matters
coming within their jurisdiction
SECTION 74au.
ARTICLE l. This Association shall meet every
Thursday evening at It o'cl.ck-
ARTICLE .. This Constitution msy be amend
ed ut any regular meeting by vote Of two.
thirds Of the members present; one weeks notice
hasing been given Of the proposed amendment.
The following Officers wore elected:
TEezIdent-uhauneey Nallsr. p.
Vice Presidents John Il. Knne j., r. Chas3es Fed
kamp, Joseph Il. Dixon.
Recosd'us Seczrsary-oati1 HUH.
Corresponding sSectetxy-ohnR r. Floyd.
Treasurrr-NuNamA, 4, Calhoun. "
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Liverpool and London F1re and Life
| Insurance COMPANY.