MEASURE Or DAMAGES. In Practice. A rule or method by which the damage sustained is to be estimated or mea sured.
The defendant is to make compensation for all the natural and proximate conse quenoes of his wrong, but not for secondary or remote consequences. There are cases in which this principle of compensation is de parted from : as, where exemplary damages are awarded, or double or treble damages are allowed by. statute.. But, in general, the law seeks to give compensation. The measure of this compensation has been somewhat definitely fixed, as to many classes of cases, by rules, of which the following are important and well established : 2. Bills of Exchange. The rate of damages to be paid to the holder of a bill of exchange which is dishonored has been the subject of distinct statute regulation in nearly all the states of the Union. .Ti3e following is an abstract of these regulations, and is believed to contain all in force at the present time: Alabama. Damages on inland bills cf ex change protested for non-payment are ten per cent., and on foreign hills fifteen per cent., on the sum drawn for. Code of Ala. 1852, c. 3, pt. 2, 1537.
These damages are in lieu of all charges except costs of protests incurred previous to and at the time of giving notice of non-pay ment; but the holder may recover legal in terest on the amount of the hill and damages, from the time at which payment was de manded, and costs of protest. Id. 0 1538.
The same damkges are allowed on protest for non-acceptance ; but interest is recover able on the amount of the bill only. Id. 4 1541.
3. .Arkansas. It is provided by an act passed Feb. 28, 1838, that every bill of ex change, expressed to be for value received, drawn or negotiated within the state, payable after date, to order or bearer, which shall be duly presented for acceptance or payment, and protested for non-acceptance or non-payment, shall he subject to damages in the following cases. First, if the bill have been drawn cal any person at any place within the state, at the rate of two per cent. on the principal sum specified in the bill ; second, if the bill shall be drawn on any person, and pay-able in Alabama, Louisiana, Mississippi, Tennessee, Kentucky, Ohio, Indiana, Illinois, or Mis souri, or at any point on the Ohio river, at the rate of four per cent. on the principal
sum ; thtrd, if the bill shall have been drawn on any person, and payable at any other place within the United States, at the rate of five per cent. on the principal sum ; fourth, if the bill shall have been drawn on any per son, and payable at any port or place beyond the United States, at the rate of ten per cent. on the sum specified in the bill. Digest of Statutes, 1858, 209, c. 25, 8.
If any bill of exchange, expressed to be for value received, and made payable to order or bearer, shall be drawn on any person at any place within the state, and accepted and pro tested for non-payment, there shall be allowed and paid to the holder, by the acceptor, damages in the following cases. First, if the bill be drawn by any person at any place within the state, at the rate of two per cent. on the principal sum ; second, if the bill be drawn at any place witlaout the state, but within the United States, at the rate of six per cent. on the sum therein specified ; third, if the bill be drawn on any person at any place without the United States, at the rate of ten per cent. on the sum therein speci fied. Id. 4 9.
In addition to the damages allowed in the two preceding sections to the holder of any bill of exchange protested for non-payment or non-acceptance, he shall be entitled to costs of protest, and interest at the rate of ten per cent. per annum on the amount specified in the bib, from the date of the protest until the amount of the bill shall be paid. Id. 0 10.
4. California. The damages allowed on pretest for non-payment of bills drawn or negotiated within the state are,—if the bill were drawn on any person in any of the United States east of the Rocky Mountains, fifteen per cent.; if drawn on a person in any foreign country, twenty per cent. Laws of Cal. 1850-53, 148, 0 12.