ACCEPTANCE-continued. in case of joint acceptors, by taking security from one, 154. of one of several, 187, 188. how far covenant not to sue will operate as release, 188. 193. effect of release may be restrained by the terms of the instrument, 188. 197. and authority of agent to draw, 24. 155. where drawee cannot dispute acceptance, 155. by agent. See Agent. by executor. See Executor. by partner. See Partner. by infant. See Infant. by married women. See Married Women. by corporation. See Corporation. ACCEPTANCE SUPRA PROTEST, mode of accepting supra protest, 206. who may so accept, 206. whether there may be several acceptors supra protest, 207. conduct for holder to pursue who takes an acceptance supra protest, 207. liability of acceptor supra protest, 208. against what parties acceptors supra protest acquire a right of action, 209. what it is, 100. what it is in common language, 323. what it is in strictness, 323. when an accommodation acceptor can recover costs of an action brought when a defence that a bill was drawn for accommodation, 93. 100. who is principal on, 191. drawer of, not entitled to notice of dishonour, 231, 232. drawer discharged by indulgence to the acceptor, 193. payment supra protest, 211. proof of, in bankruptcy, 363. in the hands of an indorsee for value, 370. may be indorsed by bankrupt after bankruptcy, 378. operation of Statute of Limitations as to, 274. ACCOUNT, direction to place to, 67. mutual, when not barred by the Statute of Limitations, 278. ACCOUNT STATED, when a bill or note evidence under, 279. 354. ACTION ON A BILL OR NOTE, who may bring, 321. 323. joining counts, 43, 44. 322. 330. of assumpsit, 334. when a corporation can sue or be sued in assumpsit, 51. action of debt, 333. between what parties an action of debt will lie, 333. when debt can be brought on a note payable by instalments, 333. once doubtful whether it would lie where no consideration appears on the face of the instrument, 333. judgment in debt final in the first instance, 333. bail in error, on judgment in debt, cannot be dispensed with, 334. against what parties actions may be brought, 322. 333. party liable in two capacities, 322. how far extinguishment of the right of actions as to one party, will be a satis ACTION ON A BILL OR NOTE-continued. proceedings in an action for costs, 322. trover or detinue for a bill, 323. when the Court will change it, 326. inspection of bill, 268, 326. particulars of demand, 326. staying proceedings, in what cases, and on what terms, 327. reference to compute, 328. interest, 240. 324. re-exchange, 329. ADDRESS, indistinct, 235. ADMINISTRATOR. See Executor. may make a valid contract for his principal, though incompetent to bind him- how appointed, so as to bind his principal on a negotiable instrument, 22. procuration, 23. authority to draw admitted by acceptance, 24. authority to indorse, not, 24. exceeding his authority, can in no case convey a title to bill overdue, 24. when an agent will be personally liable on his signature, 24. by drawing or accepting without authority, 26, 27. how he may avoid personal responsibility, 26, 27. 107. cannot delegate his authority, 26. cannot, when he exceeds his authority, convey a title by indorsement-may by guilty of a misdemeanor if he fraudulently negotiate or deposit bills, 28, 137. party taking acceptance from agent may require production of his authority, 25. whether in any case a holder is bound to acquiesce in acceptance by an agent, 25. how agent's authority determined, 25. what notice should be given of revocation of agent's authority, 25. liability of agent to his principal, 28. rights of agent against third parties, 27. rights of principal against third persons, 28. AGREEMENT, controlling operation of a bill, 75. contemporaneous, 75. contemporaneous but collateral, 76. AGREEMENT-continued. on a distinct piece of paper, 76. must be read when on the note, 77. verbal, 76. when a promissory note or bill is evidence of an agreement, 74. agreement relating to bill or note, when and between what parties it may to renew, 77. not necessary to aver it is in writing, 77. to give time to principal discharges sureties, 188. 192, 193, 194. not to use effect of, 193, 194. with a stranger, 199. usurious, 244. to accept, 147. effect of agreement between parties to a bill, 75, 76. 296. ALIEN, contracts by his wife, 49. ALIEN ENEMY, a bill drawn by, or in favour of, 51. indorsed by, 51. contract, in favour of, void, 51. ALLONGE, what, 115. ALTERATION OF A BILL OR NOTE, effect of, at common law, 253. under the stamp act, 255. where the alteration is before bill issued, 255. where to correct a mistake, 255, 256. where it extinguishes the debt, 257. renewal of altered bill, 257. when it need not be pleaded, 257. when it must be pleaded, 258. requisites of plea, 258. burthen of proof, 258. intent of alteration a question of fact, 258. effect of alteration and erasures appearing on the face of the bill, 258. ALTERNATIVE, where maker of note liable in the, 73. where payee entitled in the, 73. AMBIGUOUS INSTRUMENT, 68. AMENDMENT, at the trial, 356. ANNUITY, description of drafts and notes in the memorial, 58, note (s). APPENDIX, notaries' fees of office, 386. statutes, 387 to 482. APPROPRIATION, of payment. See Payment. rateable, 179. ARREST, on a bill or note, 324. on a foreign bill, 320. ASSIGNEE. See Bankruptcy, 178. ASSIGNMENT. See Indorsement and Delivery. ASSUMPSIT. See Action. ATTESTING WITNESS, when necessary, 63. 65. 134. when he must be called, 65. 352. has a day to communicate notice of dishonour to his client, 223. when personally liable on a bill. See Agent. infant or married woman, when they may be, 22. the partner of an attorney has no implied authority to bind his co-partner by note in payment of an attorney's bill, 110. 305. ATTORNEY, POWER OF, in respect of bills, how construed, 22, 23. whether a holder is bound to take acceptance under, 25. holder may require its production, 25. ATTORNEY, WARRANT OF, taking warrant of attorney not a satisfaction, 184. when it discharges other parties, 195. when a collateral security, 184. 197. AU BESOIN. See Need, 195. BAIL, affidavit to hold to bail on a bill or note, 324. in error, when requisite, 334. BALANCE OF ACCOUNT, consideration for a note, 95. 177. balance-fluctuating. See Fluctuating Balance. BANKERS. See Check. what commission they may take on discounts, 245, 246. fraudulently negotiating or depositing bills, 28. 137. on their bankruptcy, bills deposited with them do not pass to their assignees, 374 discounting bills, &c., under suspicious circumstances, 125, 126. obligation of, to pay customer's check, 13. bound to know the handwriting of a customer, 267. paying check or bill before due, 176. paying a forged, altered, or cancelled check, 181. 267. when money paid on a forged bill may be recovered back, 181, 267. liable to loser, if they discount lost bill after notice of loss, 125, 126, 298. and acquire no right against other parties, 298. presentment of notes at bank which has stopped payment, 158. presentment of a bill payable at a banker's, must be within banking hours, 166. have a day to give notice to customer of dishonour of his bill, 224. how they should charge interest on checks, 242. checks crossed with their name, 173. joint stock banking company, 33. their lien. See Lien. BANKERS' CASH NOTES, when they will be payment, though they turn out bad, 123, 124. 177. may now be taken in execution, 137. may be exempt from stamp under 9 Geo. 4, c. 23-10. 86. And see Appendix. when they ought to be presented for payment, 159. 165. effect of Statute of Limitations on, 272, note (o) 273, note (x). BANK NOTES, what they are, 7. are considered as money, 7. pass by a will bequeathing money, 7. may be the subject of a donatio mortis causa, 136. may be taken in execution, 3. 7. when a good tender, 8. cannot now be issued under £5-63. See Appendix, 17 Geo. 3, c. 30, and 7 Geo. 4, c. 6. property accompanies possession of them, 125. unless taken fraudulently, 125. exempt from stamp duty, 86. country bank notes. See Banker's Cash Notes. presentment of, for payment, 165. BANKING COMPANY. See Corporations and Companies. BANKRUPTCY, relation of the fiat, 359. notice of act of bankruptcy, 360. proof of bill or note payable on demand, 361. bills not due, 361. bills payable after notice, 361. lost bill, 362. irregular bill, 361. whether a bill can be proved against a man not party to it, 361. proof on accommodation transactions, 363. proof by surety, 362. when there has been specific exchange of securities, 363. what amounts to a specific exchange, 365. where there has been a general exchange, 365. proof by indorsee of accommodation bill, 370. proof of interest, 370. of expenses, re-exchange, &c., 370. in what cases the holder may prove on the estate of a bankrupt party, 360, 371. but may prove against one party and sue another, 363. and may prove for one demand and sue for another, 363. in case of several fiats, under which, and for how much, holder may prove, where a creditor proves and holds bills or notes that are afterwards paid, 371. when a bill is a good petitioning creditor's debt, 372. substitution of other petitioning creditor's debt, 359, note (d). date of bill, 373. what transactions, in respect of bills, will bring a man within the bankrupt when a bill may be set-off. See Set-off and Mutual Credit. whether bills in the hands of a banker, &c., who fails, pass to his assignees, 374. whether bills may be the subject of reputed ownership, 375. in what cases transfer of a bill by a bankrupt will be good, 377. effect of bankruptcy on wife's choses in action, 377. bill or note for debt barred by certificate, 378. fraudulent preference, 378. voluntary transfer, 378. after bankruptcy who should transfer, 135. BANKRUPT ACT. See Appendix. BARON AND FEME. See Married Woman. note given to indemnify a parish from, illegal, 103. |