And no suspension or list of such charge, or other execution, shall pass, but upon a discharge by the holder of the note or notes, accepted bills, . . . F2 so protested; or upon an offer or tender made to him or her, in the form of an instrument, duly signed by a notary publick and two witnesses, of the full contents of such note or notes, bill or bills, with the legal interest thereof from the date of the protest, and also of the expenses of the protest, registration, and such diligence as shall have followed thereupon, to be certified by an account under the hand of the holder of such note or notes, accepted bills, . . . F2, or other writings, aforesaid, all in lawful money of Great Britain: Saving and reserving always to the person or persons, bodies politick or corporate, who shall make such payment, their action at common law, before any competent court, for repetition of any overcharge in such account of expences, and to the person or persons who shall have protested such note or notes, his, her, or their action, before any competent court, for what further damages he, she, or they, may have incurred by the undue delay of payment.