§ 1045. Power of Congress.-Congress has, of course, the power to establish the forms of process, rules of evidence and the entire mode of procedure in the federal courts, and to provide remedies for the enforcement of its revenue laws, of which the stamp act is a part.' But it has no constitutional authority to enact laws, whether for the purpose of taxation or otherwise, that attempt to prescribe the formalities of contracts, records, modes of procedure, the rules of evidence, in those courts over which it has no legislative control; and the attempt to exercise such control is an usurpation of powers not conferred on it and is unconstitutional and void. Instruments, therefore, which are unstamped are admissible in the state courts, though they would not be in the courts of the United States.' 1 Craig v. Dimock, 47 Ill., 308. ? Moore v. Moore, 47 N. Y., 467; Craig v. Dimock, 47 Ill., 308; Hunter v. Cobb, 1 Bush (Ky.), 239; Bumpass v. Taggart, 26 Ark., 398; Davis v. Richardson, 45 Miss., 499. 355 APPENDIX. BOOK I. TITLE VIII. OF THE COMMERCIAL CODE OF FRANCE-OF BILLS OF EXCHANGE, PROMISSORY NOTES, AND LIMITATION OF ACTIONS. SECTION I. OF BILLS OF EXCHANGE. Sec. 1. OF THE FORM OF BILLS OF EXCHANGE. ART. 110. The bill of exchange is drawn from one place on another place; It is dated; It specifies; The sum to be paid; The name of the person who is to pay the same; The time when, and the place where, the payment is to be made; The value furnished, whether in money, in merchandise, in account, or in any other manner; It is drawn to the order of a third person, or to the order of the drawer himself; If drawn in sets of 1, 2, 3, 4, &c., it is so expressed. ART. 111. A bill of exchange may be drawn upon 776 one person, and payable at the domicil of a third. It may be drawn by the order and for the account of a third person. ART. 112. All bills of exchange, containing a fictitious name, quality, domicil, place where drawn, or where payable, are held to be only simple promises. ART. 113. The signature of a married or single woman, not a sole trader, to a bill of exchange, is equivalent, with respect to her, only to a simple promise. ART. 114. Bills of exchange signed by minors, not merchants, are void in respect to them, saving the rights of the respective parties, conformably to article 1312 of the Code Napoleon.' Sec. 2. OF PROVISION FOR PAYMENT ART. 115. Provisions ought to be made by the drawer, or by the person for whose account the bill of exchange is drawn; but the drawer does not on that account cease to be personally liable. ART. 116. There has been provision, if, when the bill of exchange becomes due, the person on whom it is drawn is indebted to the drawer, or to the person on whose account it is drawn, in a sum at least equal to the amount of the bill of exchange. ART. 117. The acceptance supposes or assumes provision; Whether the bill be accepted or not, the drawer solely is bound to prove, in case of denial, that those on whom the bill was drawn, had provision at the maturity of the bill; otherwise he is held responsible, although the protest may have been made after the fixed time. Sec. 3. OF THE ACCEPTANCE. ART. 118. The drawer and indorsers of a bill of exchange, are joint and several sureties for the acceptance and payment of the bill at maturity. ART. 119. The refusal of acceptance is verified by an act which is called protest for non-acceptance. ART. 120. On the notification of protest for non-acceptance, the indorsers and the drawer are respectively bound to give security for the payment of the bill when due, or for reimbursement with expenses of protest and re-exchange. The security, whether for the drawer or indorser, is a joint obligation only with the person for whom the security is given. ART. 121. He who accepts a bill of exchange, contracts an obligation to pay the amount of it. The acceptor is not released from his acceptance, 777 even though the drawer should have failed without his knowledge before the acceptance. 1 The article referred to provides that when minors, interdicted persons, or married women, are admitted in these qualities to plead in bar to their engagements, the reimbursement of any money which may have been paid to their use, during their minority, interdiction or marriage, cannot be obtained, unless it be proved that the sums paid have been beneficial to them. ART. 122. The acceptance of a bill of exchange must be signed. It is expressed by the word accepted. It is dated, if the bill be at one or more days or months after sight. And, in the latter case, the want of a date to the acceptance renders the bill payable at the term expressed in it, counting from its date. ART. 123. The acceptance of a bill of exchange, payable in another place than that of the residence of the acceptor, must indicate the domicil where the payment is to be made, or the protest in case of non-payment. ART. 124. The acceptance cannot be conditional; but it may be limited in regard to the sum accepted. In this case, the holder is bound to have the bill protested for the deficiency. ART. 125. A bill of exchange must be accepted on its presentment, or, at the latest, twenty-four hours afterwards. After twenty-four hours have clapsed, if it be not returned, accepted or not accepted, he who has retained it is liable for damages towards the holder. Sec. 4. OF ACCEPTANCE SUPRA PROTEST OR BY INTERVENTION. ART. 126. At the time of the protest for non-acceptance, the bill may be accepted by a third person, for the honor of the drawer, or one of the indorsers. The acceptance supra is mentioned in the protest itself, and is signed by the acceptor. ART. 127. The acceptor supra protest is bound to notify without delay, his acceptance to the person for whose honor it was made. ART. 128. The holder of the bill retains all his rights against the drawer and the indorsers, on account of the nonacceptance by the person on whom the bill was drawn, notwithstanding any acceptance supra protest. Sec. 5. OF THE MATURITY OR TERM OF PAYMENT, OF A BILL OF EXCHANGE. ART. 129. A bill of exchange may be drawn payable at sight; At one or more days one or more months one or more usances after sight. |