borough vers parkings SC Mod a neglect to protest a inland bill of exchange  will in no case preclude the holder from maintain a action upon it SC salk  error upon a judgement in the common plea in a action on the case upon a  inland bill of exchange bring against the drawer the plaintiff have judgement  by nil to say Mr Raymond for the plaintiff in error urge that it do not appear  in the declaration that the bill be protest and since the late statute of W c  no action can be bring against the drawer unless there be a protest make as  the Act require which ought to be set forth in the declaration at the  commonlaw the plaintiff have no remedy against the drawer without notice give  he of the non payment by the party on who the bill be draw and unless this  statute make a protest necessary Lord Raymond before any action can be  maintain against the drawer it do nothing and the party have the same  advantage before the Act as since Mr Parker for the defendant in error insist  that the declaration be sufficient because this bill be not within the statute  for it do not appear that the bill be accept bv the underwriting of the person  on who it be draw as the Act require and there can be no protest without such  subscription and for that reason he say the merchant now refuse to underwrite  a acceptance but if this bill be within the statute yet the protest need not  be set forth in the count because the protest be intend for the benefit of the  drawer for no body else can be damnified for want of notice and if be receive  damage for want of such protest if the damage amount to the value of the bill  that will be a discharge of the action or if it be less then the drawer ought  to have as much as it amount to but this must be take advantage of either upon  the evidence or by a special verdict whereby it may appear to the court which  can be in this case holt chief justice in this case as well as upon a foreign  bill of exchange the plaintiff must give convenient notice to the drawer of  the nonpayment of the bill for if the drawer receive prejudice b the plaintiff  delay the plaintiff shall not recover a protest on a foreign bill be part of  the custom but on a inland bill no protest be Lord Raymond er p necessary by  the commonlaw but by this statute but this statute do not destroy or take away  the party action where there be no protest nor be the want of a protest any  bar of the action but the Act seem only to take away from the plaintiff his  interest or damage where he have not make a protest or to give the drawer a  remedy against he by way of action for the cost and damage Powell justice of  the same opinion I can agree to take away a man right by ambiguous word in a  Act of parliament they must be express word which take away a man action I  believe a protest be never set forth in any declaration since this statute  which holt agree another exception be take to the execution of the writ of  inquiry the writ be return such a day in quindena Martini and the inquisition  return be army short catalog c return in quindena Martini ultimo past which  must be a year before videlicet martinmass twelvemonth and saint Martin day be  a fix feast and always on the that of November Lord Raymond holt chief justice  the return be make on the that of November which be the last day in full term  Mr Parker you can take notice of the day of the month holt chief justice we  take notice of all feast and the almanac be part of the commonlaw the calendar  be establish by Act of parliament and it be publish before the common  prayerbook let the judgement be affirm