borough versus parkins mich Annie B R ld raym S C salk Mod case case against  the drawer of a inland bill good without a protest case upon a inland bill of  exchange bring in the c b against the drawer and judgement for the plaintiff  by nil to say and now upon a writ of error in B R it be argue for the  plaintiff in error that the declaration be ill because it do not appear  therein that the bill be protest and since the late statute no action can be  bring against the drawer unless a protest be make as direct by that statute  and this ought to be set forth in the declaration because at commonlaw the  party have no remedy against the drawer except notice be give to he of  nonpayment of the money by he on who the bill be draw so that now a protest be  necessary or it be not if it be necessary it ought to be set forth in the  declaration if it be not necessary then the party have the same remedy before  the statute that he have now so that the statute be of no effect on the  contrary it be argue for the plaintiff in the action that it do not appear  that the bill be underwritten for if it be not then it be not within the  statute and a protest can be make without it for in case of inland bill a  protest be not necessary at commonlaw as it be in foreign bill but admit a  protest in this case be require by the statute yet it ought not to be set  forth in the declaration but it be to be consider at the trial for if the  drawer have any damage by the not protect it and if such damage amount to the  value of the bill it be a total discharge to he if less it be a discharge for  so much holt Ch just the plaintiff must give convenient notice to the drawer  of nonpayment of the money in case of inland as well as of foreign bill of  exchange for if the drawer receive any prejudice by the plaintiff delay he  shall not recover aprotest on a foreign bill be part of its constitution but  on inland bill it be not necessary before this statute at commonlaw and the  statute do not take away the plaintiff action for want of a protest or make it  a bar to his action but only deprive he of that interest to those damage  Salkeld for not make a protest as he may have if he have make one or to give  the drawer a remedy against he by way of action for cost and damage in not  make a protest quod Powell just to go away and that since the statute a  protest be never set forth in the declaration will cap