and of the damages herein allowed | ted States," eight per cent. damages for the non-acceptance or non-pay- on the amount of the bill are alment shall be ascertained and deter- lowed, and an amount to purchase mined, without any reference to the another bill, at the current exchange, rate of exchange existing between and interest and losses of protest.— this state and the place on which 3. If the bill be drawn on a “ foreign such bill shall have been drawn, at country," fifteen per cent. damages the time of the payment on notice of are allowed, and the expense of purnon-acceptance or non-payment. chasing a new bill as above, besides interest and costs of protest. See Act of 1785, c. 38.

Michigan. 1. When a bill is drawn in the state on a person in the state, no damages are allowed.—2. When drawn or endorsed within the state, and payable out of it, within the United States, the rule is as fol

Maine. 1. When drawn payable in the United States. The damages in addition to the interest are as follows: if for one hundred dollars or more, and drawn, accepted, or endorsed in the state, at a place, seventyfive miles distant from the place where drawn, one per cent.; if, for any sum, drawn, accepted, and en-lows: in addition to the contents of dorsed in this state, and payable in New Hampshire, Vermont, Connecticut, Rhode Island, or New York, three per cent.; if payable in New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, or the District of Columbia, six per cent.; if payable in any other state, nine per cent. Rev. St. tit. 10, c. 115, §§ 110, 111.-2. Out of the United States, no statutory provision. It is the usage to allow the holder of the bill the money for which it was drawn, reduced to the currency of the state, at par, and also the charges of protest with American interest upon those sums from the time when the bill should have been paid; and the further sum of one-tenth of the money for which the bill was drawn, with interest upon it from the time payment of the dishonoured bill was demanded of the drawer. But nothing has been allowed for re-exchange, whether it is below or above par. Per Parsons, Ch. J., 6 Mass. 157, 161; see 6 Mass. 162.

the bill, with interest and costs, if payable within the states of Wisconsin, Illinois, Indiana, Ohio, and New York, three per cent. on the contents of the bill; if payable within the states of Missouri, Kentucky, Maine, New Hampshire, Vermont, Massa- . chusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, or the District of Columbia, five per centum; if payable elsewhere in the United States, out of Michigan, ten per cent. Rev. St. 156, s. 10.-3. When the bill is drawn within this state, and payable out of the United States, the party liable must pay the same at the current rate of exchange at the time of demand of payment, and damages at the rate of five per cent. on the contents thereof, together with interest on the said contents, which must be computed from the date of the protest, and are in full of all damages and charges and expenses. Rev. Stat. 156, s. 9.

Mississippi. 1. When drawn on a person in the state, five per cent. damages are allowed. How. & Hutch. 376, ch. 35, s. 20, L. 1827; How. Rep. 3, 195.-2. When drawn on a person in another state or territory, no damages are given. Id.-3.

or in any of the United States or territories thereof, excepting the state of Louisiana, five per cent. upon such principal sum; if upon any person or persons, or body corporate, of, or in Louisiana, or of, or in any other state or place in North America or the islands thereof, excepting the north-west coast of America and Mexico, or of, or in any of the West India or Bahama islands, ten per cent. upon such principal sum; if upon any person or persons, or body corporate, of, or in the island of Madeira, the Canaries, the Azores, the Cape de Verd islands, the Spanish Main, or Mexico, fifteen per cent. upon such principal sum; if upon any person or persons, or body corporate, of, or in any state or place in Europe, or any of the islands thereof, twenty per cent. upon such principal sum; if upon any person or persons, or body corporate, of, or in any other part of the world, twenty-five per cent. upon such principal sum.

shall have been drawn, and the charges of protest, together with lawful interest on the amount of such principal sum, damages and charges of protest from the time at which notice of such protest shall have been given, and the payment of said principal sum, damages and charges of protest demanded; that is to say, if such bill shall have been drawn on any person or persons, or body corporate, of, or in any of these United States, or the territories thereof, three per ct. upon such principal sum: if upon any other person or persons, or body corporate, of, or in any other state or place in North America, bordering upon the Gulf of Mexico, or of, or in any of the West India islands, fifteen per cent. upon such principal sum; if upon any person or persons, or body corporate, of, or in any other part of the world, twenty per cent. upon such principal sum.-2. The damages which by this act are to be recovered upon any bill of exchange, shall be in lieu of interest and all other charges, except charges of protest, to the time when notice of the protest and demand of payment shall have been given and made as aforesaid. Carr. & Nich. Comp. 125; Act of 1827, ch. 14.

or

DAMAGES, DOUBLE TREBLE, practice. In cases where a statute gives a party double or treble damages, the jury are to find single damages, and the court to enhance them according to the statute. Bro. Abr. Damages, pl. 70;

§ 2. "The damages which by this act are to be recovered upon any bill of exchange, shall be in lieu of interest and all other charges, except the charges of protest, to the time when notice of the protest and demand of payment shall have been given and made as aforesaid; and the amount of such bill and of the damages payable thereon, as specified in this act, shall be ascertained and determined by the rate of exchange, or value of the money or currency mentioned in such bill, at the time of notice of protest and demand of pay-2 Inst. 416; 1 Wils. 126; 1 Mass. ment as before-mentioned." 155. In Sayer on Damages, p. 244, it is said, the jury may assess the statute damages; and it would seem from some of the modern cases, that either the jury or the court may assess. Say. R. 214, 1 Gallis. 29.

Tennessee. 1. On a bill drawn or endorsed within the state upon any person or persons, or body corporate, of, or in any other state, territory or place which shall be returned unpaid with a legal protest, the holder shall be entitled to the damages hereinafter specified over and above the principal sum for which such bill of exchange

DAMAGES, GENERAL, torts. General damages are such as the law implies to have accrued from the act of a tort-feasor. To call a man

a thief or to commit an assault and | tract stipulate for the payment of a battery on his person, are examples certain sum, as a satisfaction fixed of this kind. In the first case the and agreed upon by them, for the law presumes that calling a man a doing or not doing of certain things thief must be injurious to him, with- particularly mentioned in the agree out showing that it is so. Sir W. ment; the sum so fixed upon is Jones, 196; 1 Saund. 243, b. n. 5; called liquidated damages. It differs and, in the latter case, the law im- from a penalty, because the latter is plies that his person has been more a forfeiture from which the defaultor less deteriorated, and that the ing party can be relieved. An agreeinjured party is not required to spe- ment for liquidated damages can cify what injury he has sustained, only be when there is an engagenor to prove it. Ham. N. P. 40; 1 ment for the performance of certain Chit. Pl. 386; 2 L. R. 76. acts, the not doing of which would be an injury to one of the parties; or to guard against the performance of acts, which if done, would also be injurious. In such cases an estimate of the damages may be made by a jury, or by a previous agreement between the parties, who may forsee the consequences of a breach of the engagement, and stipulate accordingly. 1 H. Bl. 232; and vide 2 Bos. & Pul. 335, 350-355; 2 Bro. P. C. 431; 4 Burr. 2225; 2 T. R. 32. The civil law appears to agree with these principles, Inst. 3, 16, 7; Toull. liv. 3, n. 809; Civil Code of Louis. art. 1928, n. 5; Code Civil, 1152, 1153. And vide generally, 7 Vin. Ab. 247; 16 Vin. Ab. 58; 2 W. Bl. Rep. 1190; Coop. Just. 606; 1 Chit. Pr. 872; 2 Atk. 194; Finch, 117; Prec. in Ch. 102; 2 Bro. P. C. 436; Fonbl. 151, 2, note; Chit. Contr. 336.

DAMAGES, LAYING, pleading. In personal and mixed actions, (but not in penal actions, for obvious reasons,) the declaration must allege, in conclusion, that the injury is to the damage of the plaintiff; and must specify the amount of damage. Com. Dig. Pleader, C 84; 10 Rep. 116, b. In personal actions there is a distinction between actions that sound in damages, and those that do not; but in either of these cases, it is equally the practice to lay damages. There is, however, this difference, that, in the former case, damages are the main object of the suit, and are, therefore, always laid high enough to cover the whole demand; but in the latter the liquidated debt, or the chattel demanded, being the main object, damages are claimed in respect of the detention only, of such debt or chattel; and are, therefore, usually laid at a small sum. The plaintiff cannot recover greater damages than he has laid in the conclusion of his declaration. Com. Dig. Pleader, C 84; 10 Rep. 117, a. b; Vin. Ab. Damages, R. In real actions, no damages are to be laid, because, in these, the demand is specially for the land withheld, and damages are in no degree, the object of the suit. Steph. Pl. 426; 1 Chit. Pl. 397 to 400.

DAMAGES, LIQUIDATED, contracts. When the parties to a conVOL. 1.-35.

DAMAGES, SPECIAL, torts. Special damages are such as really took place, and are not implied by law; these are either superadded to general damages arising from an act injurious in itself, as when some particular loss arises from the uttering of slanderous words actionable in themselves, or are such as arise from an act indifferent and not actionable in itself, but injurious only in its consequences, as when the words become actionable only by reason of special damage ensuing. To consti

tute special damage the legal and natural consequence must arise from the tort, and not be a mere wrongful act of a third person, or a remote consequence. 1 Camp. 58; Ham. N. P. 40; 1 Chit. Pl. 385, 6.

DAMAGES, SPECIAL, pleading, as distinguished from the gist of the action, signifies that special damage which is stated to result from the gist; as if a plaintiff in an action of trespass for entering his house, breaking his closes, and tossing his goods about, were to state that by means of the damage done to his house, he was obliged to seek lodging elsewhere. But sometimes the special damage is said to constitute the gist of the action itself; for example, in an action wherein the plaintiff declares for slanderous words, which of themselves are not a sufficient ground or foundation for the suit, if any particular damage result to the plaintiff from the speaking of them, that damage is properly said to be the gist of the action. But whether special damage be the gist of the action, or only collateral to it, it must be particularly stated in the declaration, as the plaintiff will not otherwise be permitted to go into evidence of it at the trial, because the defendant cannot also be prepared to answer it. Willes, 23. See Gist.

DAMAGES, UNLIQUIDATED. The unascertained amount which is due to a person by another for an injury to the person, property or relative rights of the party injured. These damages being unknown cannot be set-off against a claim which the tort feasor has against the party injured, 2 Dall. 237; S. C. 1 Yeates, 571; 10 Serg. and Rawle, 14; 5 Serg. & Rawle, 122.

would be a charge to the creditors; for example, a term of years, where the rent would exceed the revenue. The assignees are not bound to take such property, but they must make their election, and, having once entered into possession, they cannot afterwards abandon the property. 7 East, R. 342; 3 Campb. 340.

DAMNUM ABSQUE INJURIA. A loss or damage without injury. There are cases when the act of one man may cause a damage or loss to another, and for which the latter has no remedy, he is then said to have received damnum absque injuria; as, for example, if a man should set up a school in the neighbourhood of another school, and, by that means, deprive the former of its patronage; or if a man should build a mill along side of another, and consequently, reduce its custom. 9 Pick. 59, 528. When a man slanders another by publishing the truth, the person slandered is said to have sustained loss without injury. Bac. Ab. Actions on the Case, C; Dane's Ab. Index, h. t.

DANGERS OF THE SEA, mar. law. This phrase is sometimes put in bills of lading, the master of the ship agreeing to deliver the goods. therein mentioned to the consignee, who is named, the dangers of the sea excepted. Sometimes the phrase is Perils of the Sea, (q. v.) See 1 Brock. R. 187.

DARREIN. A corruption of the French word dernier, the last. It is sometimes used, as, darrein continuance, the last continuance. When any matter has arisen in discharge of the defendant in an action, he may take advantage of it, provided he pleads it puis darrein continuance, for if he neglect to do so, he waives his right. Vide article, Puis darrein A continuance.

DAMNOSA HERIDITAS. name given by Lord Kenyon to that species of property of a bankrupt which so far from being valuable,

DATE, is the designation or indication in an instrument of writing, of the time when it was made. This