ALTERNATIVE-Continued.

if alternative places of payment, sufficient to present at
either, 254.

AMBIGUOUS INSTRUMENT, holder may treat as either bill or
note, 44, 435.

ANTECEDENT DEBT, sufficient consideration for bill, 164.

taking bill for, generally only conditional payment, 338.
ANTECEDENT PARTIES, rights against, by drawer or endorser
paying, 353.

ANTEDATED instruments valid, 88, 402.

APPENDIX I. FORMS of Bills, Cheques, Notes, and Act of Hon-
our, 475.

APPENDIX II. NEGOTIABLE INSTRUMENTS LAW, 480.

ASCENSION DAY, a holiday for bills in Quebec, 127.

ASSENT, acceptance is, to order of drawer, 105.

of drawer and endorsers to qualified acceptance necessary,
247.

ASSIGNMENT, bill not an, of funds in hands of drawee, 309.
of bills otherwise than by endorsement or delivery, 202, 233
of chose in action, 65.

of debts in Quebec, 65.

66

ASSIGNMENT ACT, money under, 51.

ASSUMED NAME, party using, liable as if his own, 323.
cheque drawn to party using, 150.

AT OR AFTER SIGHT-see Sight.

AU BESOIN-See Referee in Case of Need.
AUTHORITY to holder to fill in date, 96.

to complete bill and fill up blanks, 100.

illustrations of, 98, 99.

blanks must be filled up in accordance with, 100, 101.
death revokes, unless value given, 101.

name signed without, is inoperative, 142, 144.

estoppel as to denial of, 142, 147.

procuration is notice of limited, 152.

of officers of corporations, 158.

of partners to bind firm, 153, 209.

of Agent-See Principal and Agent.

restrictive endorsement is limited, 214.

qualified acceptance taken without, discharges parties, 247
cancellation without, is inoperative, 365.

AVAL, defined, 318.

in same position as ordinary endorser under the Act, 316,
319.

M'L.B.E.A.-33

BAD FAITH, must be proved, 30.

is more than negligence, 30.
BANK, defined, 22-See Cheque.

misdemeanour, improperly to use name of, 23
restricted to seven per cent. interest, 91.
has lien on bills for balance due, 176.
cheque is demand bill drawn on, 401.

should be addressed to, 401.

liable to holder of accepted cheque, 407.

usage of banks may decide reasonable time, 416.
holder of cheque, creditor of, 416.

duty of, to cash customer's cheques, 418.
paying crossed cheque, when protected, 426.
collecting crossed cheque, when protected, 428.

BANK ACT, banks recognized by, 23.

not affected by Bills of Exchange Act, 34.
limitation as to rate of interest, 91.
banks under the provisions of, 401.

BANK DEPOSIT RECEIPTS, 464.

BANK NOTES, law regulating the issue of, 456.
BANKER is term used in Imperial Act, 22.
has lien on bills for balance due, 176.

BANKERS' RULES respecting endorsements, 217.
BANKRUPT," struck out by amending Act, 242, 299.
BEARER, defined, 23.

bill payable to, 42, 54, 67, 69.

prohibition as to issue of, 54.
when endorsed in blank, 67.
when payee is fictitious, 69.

negotiated by delivery, 200.

holder of, without interest may sue, 228, 229

note may be payable to, 432.

improperly issuing notes payable to, 435.

bank notes payable to, 456.

Dominion notes payable to, 457.

debentures payable to, 458, 461.

BETTER SECURITY, protest for, if acceptor suspends payment.

298.

BILL in Act means bill of exchange, 24.

when not negotiable, 64, 216, 220.

when negotiable, 67.

need not specify place, 88.

payable with interest, 90.

by instalments, 92.

at rate of exchange, 93.

date of, deemed to be true date, 95.

how maturity of, is computed, 124, 128, 129.
acceptance of, 105, 108, 113, 114-See Acceptance.
incomplete, 97, 100, 118.

capacity to become party to, 130-See Capacity.
forged or unauthorized signature, 142-See Forgery.
signature by procuration, 152-See Procuration.

consideration for, 164-See Consideration.

accommodation party to, 178-See Accommodation Party.
holder in due course of, 180.

negotiation of, 198-See Negotiation.

endorsement of, 200, 205-See Endorsement.

overdue, 221, 224.

rights and powers of holders of, 226.

presentment of, for acceptance, 234.

must be presented for payment, 247.

when dishonoured by non-payment, 264.
who is liable on, 316.

in foreign currency, 394.

BILLS OF EXCHANGE ACT, 1890, a code, 2.

bill introduced in 1889, 2.

changes during passage through Parliament, 4.

assented to, May 16th, 1890, 19.

came into force, September 1st, 1890, 19.

copied from the Imperial Act, 1882, 19.

not retrospective, 19.

concordance of, and R. S. C. c. 119, xliv.

BILLS OF EXCHANGE ACT, R. S. C. c. 119.
came into force Jan. 31st, 1907, 1.

short title, 19.

BILLS OF EXCHANGE ACT-Continued.

a revision, 5, 19.

concordance of, and Act of 1890, xliv.

BIRTHDAY OF SOVEREIGN, a holiday for bills, 127.
BLANK, date in bill or acceptance, 96.

paper with signature only, to be filled up as bill, 97.
incomplete bill, authority to fill up, 98.

illustrations of bills filled up, 98.

acceptance of unsigned or incomplete bill, 111.
if incomplete or, holder not in due course, 180.
endorsement in, 211, 213.

BON-See I. O. U.

how made, 211.

effect of, 211.

in Lower Canada, 212.

converted to special, 213.

who may sue on bifi with, 227.

BONA FIDES-See Good Faith.

BONDS OR DEBENTURES, whether negotiable, 458.

government, 458.
municipal, 458.

of other corporations, 461.

BREVET, NOTE EN, 305, 479.

negotiation of, 201.

BRITISH COLUMBIA, former law in, 16.

provincial companies in, 138.

tariff of fees for protests in, 307.

BRITISH NORTH AMERICA ACT,

bills and notes assigned to the Dominion, 1.

banks and banking also, 2.

civil rights to the provinces, 130.

BURDEN OF PROOF, on holder, when fraud proved, 194.
when bill is improperly cancelled, 365.

BUSINESS DAYS-See Holidays.

presentment for acceptance only on, 240.

CANADA, object of Act to make law uniform in, 2, 5.
former legislation in, 1, 9.

inland bill, one drawn and payable in, 83.
inland note, one made and payable in, 439.
one "country" for bills and notes, 383.
foreign stamp laws not regarded in, 385.
foreign bills in Canadian form valid in, 385.
law of, applies to contracts made in, 384.

foreign endorsement of inland bill, 387.
foreign currency changed to currency of, 394.

CANADA-Continued.

foreign protest prima facie evidence in, 38.
law of England and law merchant in, 35.
CANCELLATION, of endorsements by holder, 213.
of bill by holder discharges it, 364.

of signature by holder discharges party, 364.
by mistake, is inoperative if proved, 365.
CAPACITY, to incur liability as party to bill, 130.
to contract differs in different provinces, 130.
of infants or minors, 132.

of idiots, lunatics and interdicted persons, 134.
of married women, 134.

of corporations, 137.

person without, may transfer bill, 141.

act as agent, 153.

if drawer or endorser without, other parties liable, 141.
if drawee without, holder may treat bill as note, 86.
presentment for acceptance excused, 242.
agent, incapable of contracting may bind principal, 153.
conflict of laws as to, 396.

CASE OF NEED-See Referee in Case of Need.

CASES CITED, list of, xiii.

overruled, or no longer law, xxxvii.

CERTAINTY as to amount of bill or note, 42, 51, 90, 432.
as to drawee, 63.

as to payee, 68.

as to time fixed for payment, 81, 82.

illustrations of want of, 82.

interest, instalments, exchange, do not affect, 90, 92, 93.
CERTIFICATE OF DEPOSIT, 464.

CHEQUE, under Dominion jurisdiction, 2.

postdated is equivalent to a bill, 89.

payment of, on forged endorsement, 143.

when depositor without capacity may draw, 132.

not an equitable assignment of funds, 311.

under Negotiable Instruments Law, 311.
was an equitable assignment in England, 310.
in Quebec, 310.

in some of United States, 310.

laws in England and Canada differ, 400.
definition of, 401.

on incorporated bank in Canada, 401.

not marked or accepted in England, 400.

should be addressed to bank and not to officer, 401.
may be antedated or postdated, 402.