The amount of the bill and damages are ascertained by the rate of exchange or value of the currency mentioned in the bill at the time of notice of protest and demand of pay ment. Purdon, Digest, 91, 00 1, 2.
Rhode Island. On foreign bills drawn or indorsed within the state and returned from any place without the United States, pro tested for non-acceptarice or non-payment, the damages are ten per cent. and charges of protest, and the bill carries interest at six per cent. from date of protest. The same rule applies to inland bills, except that the damages are five per cent. only. Rev. Stat. of R. I. 278, c. 122, 00 1, 3.
25. South Carolina. This state does not appear to have any statute fully covering the subject of damages on bills of exchange. It is decided that on inland bills the damages to he recovered are the costs of protest and interest. On foreign bills the damages are compounded of the ordinary expenses in curred, and the price of re-exchange, which is the difference between the value of money where the bill is drawn and the value where it is payable. 1 Const. R. (by Mills) 108. The distinction between an inland and a foreign bill as established in South Carolina is that an inland bill is one that is to be paid where it is drawn ; while a foreign bill is drawn within one state and is payable in another. 1 Const. R. 100, 107; 1 Hill, 44.
By section six of the act of 1811 and sub sequent acts, banks in South Carolina are authorized to discount inland bills of ex change at the ordinary rates of exchange among merchants. From the preamble of this act,—" to facilitate the exchange be tween this and our sister states,"—it has been held to apply to bills drawn in South Carolina and payable in others of the United States, as well as bills drawn and payable within the state of South Carolina. What ever sum is paid as discount is recoverable, if it does not exceed the current rate of ex change. 11 Richardson, 679.
If bills such as these, drawn in South Caro lina and payable in another state, are dis honored, the plaintiff is entitled to recover, in the absence of other proof, ten per cent. damages. 11 Richardson, 684.
26. Tennessee. On bills payable out of the state and protested for non-payment, damages in addition to interest and charges of protest are recoverable as follows: if the bill was drawn on a person in any' of the stateb (except Tennessee) or territories of the United States, three per cent.; if on any other state or place in North America, bor dering upon the Gulf of Mexico, or in any of the West India Islands, fifteen per cent. ; if on any other part of the world, twenty per cent. Code of Tenn. 400, 0 1963.
27. Texas. The holder of any protested draft or bill of exchange drawn within the state and payable beyond the limits of it, may recover ten per cent. as damages, with interest and costs of suit. But this provision shall not be construed to embrace drafts drawn by persons other than merchants upon their agents or factors. Oldham & White, Dig. of Laws of Texas, 1859, 53, art. 100.
28. Virginia. When a bill of exchange drawn or indorsed within this state is,pro tested for non-acceptance or non-payment, there shall be paid by the party liable for the principal of such bill, in addition to what else he is liable for, damages upon the prin cipal at the rate of three per cent. if the bill be payable out of Virginia aud within the United States; at the rate of tea per cent. if the bill be payable without the United States. Code of Virginia, 1849, 582, 9.
29. Wisconsin. On bills drawn payable without the United States, damages are al lowc 1 at the rate of five per cent., with interest on the contents of the bill from the date of protest. These ilamages and interest are . in full of all damages, charges, and ex penses. On bills drawn payable out of the state and in any state or territory of the United States adjoining the state, damages at the rate of five per cent. are allowed, with interest on the bill according to its tenor, and costs and charges of protest. On bills drawn payable out of the state, but within some state or territory of the United States not adjoining the state, the damages are ten per cent., with interest and charges as last men tioned. Rev. Stat. of Wisc. 1848, 409, 8-10.