
    *James Crawford v. C. C. Wolcott.
    Where statutory damages are claimed upon a protested bill, it is for the jury to find those damages, and not for the court to assess them, or add them to the verdict.
    This is a writ of error, to the court of common pleas of the county of Jefferson. „
    The original suit was brought by the indorsee of a bill of exchange against the drawer. The declaration alleges the bill to have been made at Steubenville, Ohio, and that it was duly presented, for payment, to Force, the acceptor, at Pittsburg, and payment refused. The case was tried by a jury, wlo returned a verdict for $4,070, the amount of principal and interest of the bill. The record then states “that it appearing to the court, here, by testimony in the case, that the said bill of exchange was drawn by the said defendant, at Steubenville, to wit, within the State of Ohio, and that the said bill of exchange was, by said defendant, addressed to and accepted by the said William Force, which said William Force, at the time of the said drawing and acceptance, was resident at Pittsburg, in the Commonwealth of Pennsylvania, to wit, without the jurisdiction of the State of Ohio, and that said bill of exchange has been duly protested for nonpayment thereof.” The court thereupon proceeded to render judgment for the amount so found by the verdict, together with the further sum of $240, being six per centum damages on the amount due, and also for costs, etc.
    R. Marsh, for plaintiff in error.
    . Stanton & Peck, for defendant in error.
   Lane, C. J.

The right to the damages assessed by the court below depends upon the facts that the bill was drawn on some person out of the jurisdiction of this state, and within *the United States, and that it was protested. These facts may be contested, and the jury must determine them. It is not like the case of damages given on appeals to the Supreme Court, where the court, in certain cases, are required “to render judgment for the amount so recovered, together with five per centum damages thereon.” Swan’s Stat. 689. But these damages compose a part, of the amount due on the bill. They are given as an adjustment of all claims for expenses and re-exchange, and, like the principal, interest, and costs of protest, should be found by the jury and embraced in the verdict.

The judgment was reversed, as to the damages assessed by the court, and affirmed as to the residue.  