CHEQUE-Continued.

if drawer has no account, drawing is a crime, 403.

general provisions as to demand bills applicable to, 403.
not an assignment of funds in bank, 404.

effect of getting cheque marked, 404.

payment by cheque, 407.

fictitious payee of, 409, 413.

when operates as payment, 408.

delay in presenting, discharges drawer who suffers damage,

414.

alteration of, 412.

getting cheque accepted may discharge drawer, 406.

delay for presenting, 414, 416.

drawer may countermand before acceptance, 418, 419.
death of drawer stops payment of, 418, 420.

as donatio mortis causa, 421.

crossed cheque described, 421.

generally, or specially, 423.

made not negotiable, 423.

crossed, may be uncrossed by drawer, 424.
crossing is material part of, 424.

can be crossed to one bank only, except for collection, 425.
if alteration of crossing not apparent, bank not liable, 426.
bank not liable for paying in good faith crossed, 426.
if crossed" not negotiable" same as if overdue, 428.
bank not liable for collecting in good faith crossed, 428.
form of crossed, 477.

CHOSE IN ACTION, 65.

when assignee of, may sue in his own name, 65.
CHRISTMAS DAY, a holiday for bills, 127.
CIRCULAR NOTE, definition of, 465.
CIVIL CODE OF LOWER CANADA.

two chapters on Bills and Notes, 1.
in force since August 1st, 1866, 9.
articles 2279 to 2354 on Bills and Notes, 9.
repealed in 1890, 10.

ART.

6. Law of domicile governs capacity, 131, 396.

177. Wife separate as to property, 134.

179. Wife a public trader, 135.

210. Wife separate as to bed and board, 134.

291. Non-presentment releases drawer and endorsers, 238.

314-23. Emanicipation of minors, 133.

334-5. Interdiction for imbecility, etc., 134.

3366. Interdiction for drunkenness, 134.

CIVIL CODE OF LOWER CANADA-Continued.

ART.

358. Rights and powers of corporations, 137.
919. Executors' duties as to bills, 233.

984. Consideration for contract, 165.

987. Interdiction for prodigality, 134.

989. Contract without consideration void, 165.

991. Fraud, violence, fear, 186.

993. Fraud with knowledge of party, 186.

994. Violence or fear by whomsoever practised, 186.
1067, 1069, 1070, 1077. Rule as to interest, 330, 460.
1069. Default by lapse of time, 262, 460.

1092. Notice of dishonour in insolvency, 292, 299.

1105. Commercial liability, presumed joint and several, 441,

443.

1138. Obligation to pay money, 336.

1152. Payment at domicile of debtor, 262.

1169. Novation defined, 338.

1187-8. Compensation, 22, 343.

1198-9. Confusion, 356.

1206. Recourse to law of England, 399.
1229. Prescription not interrupted, 345.
1233. Proof by testimony under $50, 203.
1234. Testimony opposed to writing, 46.
1235. Writing required for each $50, 345.
1235 (2). Ratification after majority, 133.
1239. Two kinds of presumptions, 123.

1301. Wife cannot be bound with husband, 135.
1422. Wife separate as to property, 134.
1570-1. Sale of debts and rights of action, 65.

1573. Arts. 1571-2, do not apply to bills, 66.

1854. Commercial partners liable jointly and severally, 443.

1897. Partners acting for firm, 153.

1956. Extinction of suretyship, 360.

1958. Discharge of principal releases surety, 360.

1959. Extinguished if subrogation impossible, 360.

1961. Effect of delay given to principal, 360.

2184. Renunciation of prescription, 345.

2190. Different kinds of prescription, 345.

2202. Good faith presumed, 29, 183.

2229. Third parties not affected, 345.

2232. Runs against absentees, 345.

2234, 2369. Runs against persons without capacity, 345.

2236. Runs after condition happens, 345.

2240, 2241.. Recourse to law of England, 345.

2260. Prescription for bills, 5 years, 344.

CIVIL CODE OF LOWER CANADA—Continued.

ᎪᎡᎢ.

2267. Prescription extinguishes debt, 344.

2279. Definition of bill, 43.

2279-2354. Repealed by Act of 1890, 10.
2280. Essentials of a bili, 43.

2282. Drawee as payee, 61, 68.

2285. Effect of "value received," 88, 165.

2286. Transfer by indorsement, 203, 212.

2287. Transfer before or after maturity, 221, 343.

2288. Only payee can stop negotiability, 78, 211, 220.

2289. Striking out indorsements, 214.

2290. Presentment if drawee dead, 241.

2293. Acceptance must be unconditional, 247.

2297. Notice of acceptance for honor, 373.

2304. Protest by justice of the peace, 304.

2306. Presentment to drawee and referee compulsory, 103,

249.

2307. Presentment at place of payment required, 117.

2310. Parties liable jointly and severally, 316.

2311. Aval adopted, 318.

2319. Protest, where must be made, 302.

2330. Notice of protest within three days, 271, 309.

2335. Bills for usurious consideration, 197.

2336. Damages on foreign bills, 83.

2340. Recourse to law of England, 399.

2341. Even when party not a trader, 399.

2341-2. Not repealed by Act of 1890, 10.

2344. Definition of a promissory note, 432.
2349. Cheque upon a private banker, 401.
CLEARING HOUSE, presentment through, 254.
exchange of bills at, 344.

CODE, the Act is really a, 2, 4.
Imperial Act also a. 3.

CODE CIVIL-See Civil Code.

CODE OF CIVIL PROCEDURE,

Art. 9, reckoning days, p. 128.

217, cross-demand, p. 22, 27.

CODE DE COMMERCE-See French Law, modern.
COLLATERAL SECURITY is accessory to discounted bill, 176.
holder of bills as, may sue on before debt matures, 228.
note may contain a pledge of, 438.

if instrument on its face only collateral, not a note, 55, 439.
demand note given as, need not be presented promptly, 445.
COLLECTION, endorsement for-See Restrictive Endorsement.
COMMON LAW OF ENGLAND-See England.

COMPANY-See Corporation.

COMPANY SHARES OR STOCK, 463.

COMPENSATION, in Quebec-See Set-off.
compared with set-off, 22.

under Civil Code, 343.

takes effect when two debts co-exist, 343.
operates as discharge, 336, 343, 397.

is an equity attaching to bill, 343.
conflict of laws as to, 397.

governed by lex fori, 399.

COMPOSITION, taking notes for claim in excess of, 190.
with principal, effect on surety, 359, 362.
COMPUTATION of time under three days, 33.

of foreign currency, 394.

of damages on dishonoured bill, 329.

CONCEPTION DAY, a holiday for bills in Quebec, 127.
CONCORDANCE, Act of 1890, and R. S. C. c. 119, xliv.

CONDITIONAL, bill or note must not be, 42, 44.

acceptance may be, 114, 116.

delivery may be, 120.

endorsement may be disregarded, 210.

CONFLICT OF LAWS, 2, 131, 383.

between provinces, as to capacity, 131, 396.

lex domicilii, 132, 396.

fori, 391, 398.

loci contractus, 132, 384, 386, 387, 396, 397.

loci solutionis, 132, 398.

as to married women, 134.

as to requisites in form, 384, 385.

as to validity of bill, 384.

as to form, 384, 386.

as to acceptance, etc., 384.

as to stamping bill, 385.

bill issued abroad, sued on in Canada, 385.

interpretation of contract by bill, 387.
illustrations of interpretation, 386, 391.
inland bill endorsed abroad, 387.

presentment, protest and notice, 394, 398.

foreign currency, 394.

date of maturity, 385.

as to discharge, 396.

foreign protest prima facie proof, 37.

lex fori, 349, 398.

between Quebec and other provinces, 131, 344, 440.
as to joint notes, 440.

CONFUSION, same person debtor and creditor, 356.
CONSIDERATION, bill for interest in patent, 39.
void if not written on face, 39.

equities attach, 40.

penalty for breach, 41.

parol evidence as to, admissible, 47, 166.
need not be specified in bill, 166.

what constitutes valuable, 164.

of simple contract sufficient, 164.

antecedent debt or liability sufficient, 164.
moral obligation insufficient in England, 164.
may be sufficient in Quebec, 164.

compared with the French cause, 164.

conflict of provincial laws as to, 165.

evidence as to, 165.

presumed to have been given, 166.

illustrations as to, 166.

mutual accommodation sufficient, 170.

giving time or forbearance sufficient, 170, 171, 172.

debt barred by Statute of Limitations sufficient, 167.

total failure of, a good defence, 172.

partial failure of, a defence pro tanto, 173.

holder for value, 174.

right of lien, 175.

accommodation parties, 178.

holder in due course, 180.

illegal, a defect of title, 185, 189, 192, 197.

illustrations of illegal, 189.

holder claiming through holder in due course, 192.

value presumed as to all parties to bill, 193.

proof of fraud shifts burden of proof, 194.

usurious bill, without notice valid, 197.

discharged on, by holder's laches, 248.

waiver binding without, 260.

notice to person not on bill, but liable on, 292.

CONSOLIDATED RULES 251 and 252, 22.

CONSTRUCTION, most favorable to validity adopted, 157, 163.
of contract by bill, 384.

CONTEMPORANEOUS AGREEMENT may be valid, 48.
CONTENTS, vii.

CONTINGENCY, instrument payable on a, not a bill, 59.
CONTINUING SECURITY-See Collateral Security.
CONTRACT on a bill incomplete until delivery, 118.

person with capacity to, may incur liability by bill, 130.
law of place of, governs interpretations, 387.