CONTRACT-Continued.

of acceptor, 312.

of drawer, 315.

of endorser, 326.

of transferrer by delivery, 334.

of maker of a note, 453.

consideration for simple, sufficient for bill, 164.
definition of simple, 164.

holder having lien by, deemed holder for value, 175.
when bill upon usurious, valid, 197.
CONTRIBUTION, between endorsers, 327.

between joint makers, 440, 441.

COPY, endorsement may be on, in certain places, 206.
protest may be on, where bill lost or detained, 301.
of bill or note may be in protest, 303.

of foreign protest, prima facie evidence, 38.
CORPORATION, officer of, drawing bills, 50.
issuing bills payable to bearer, 54, 435.
bill drawn on officer of, 105, 106, 107.
power of, to become liable on bill, 137, 141.
under Dominion charter, 137.

Provincial charter, 138.

word "limited" to follow name of, 138.

illustrations of bills of, 139.

bill by officer in accordance with by-law binding on, 138.

without power, other parties on bill liable, 141.

agent or officer of, party to bill, 158.

how officers should sign to escape personal liability, 159.
seal sufficient execution of writing by, 32.

note or bill of, does not require seal, 32.

municipal, liable on note, 140.

debentures of, negotiable, 458.

CORRIGENDA, xii.

COSTS,

in discretion of court, in action before presentation, 262, 448.
of protest part of liquidated damages, 305, 329.

of protests in different provinces, 305.

CO-SURETIES, when accommodation endorsers are, 327.
COUNTER CLAIM, defined, 21.

compared to cross demand, 22.

included in action in the Act, 21.

defence in the Act, 27.

COUNTERMAND of payment of bill, 291.

cheque, 418.

stops payment of cheque if not accepted, 419.

COUNTRY, use of word as to Canada, 383, 385.

conflict of laws where bill concerns more than one, 384.
COUPONS-See Bonds or Debentures.

are negotiable, 460.

no days of grace, 460.

dishonoured, bear interest, 460.

COURT has discretion as to costs, 262, 448.

CREDIT, letter of, not negotiable, 465.

CRIMINAL CODE, as to a security for money, 49.

forgery, 144.

false pretences, 403.

alteration of crossing, 425.

CROSS or mark a sufficient signature, 49.

CROSS DEMAND, defined. 22.

CROSSED CHEQUES-See Cheque, 421.

CURATOR, effect of waiver by, as to insolvent, 105.
CURRENCY, meaning of, 51.

bills and notes payable in, 52.

rule for calculating foreign, 394.

bank notes and Dominion notes are, 456, 457.

CURRENT RATE of exchange for bill dishonoured abroad, 332.
foreign bill dishonoured in Can-

ada, 394.

CUSTOM-See Usage.

basis of law merchant, 35.

local, must be proved, 36.

general, judicially established, 36.

may determine negotiability of instrument, 456.
CUSTOMER, duty of bank to pay cheques of, 418.

bank liable to, for improper refusal, 418.

notice of death of, stops payment of cheque, 418, 420.
bank may pay bills of, made payable there, 418.

of bank, defined, 429.

DAMAGES, drawee liable for breach of agreement to accept, 110.
measure of, on dishonoured bill, 329.

interest as, for non-payment at maturity, 319.

on dishonoured bill, 329.

further, on bill dishonoured abroad, 332.

which holder may recover, 331.

which drawer or endorser paying may recover, 331.
bank liable for improper refusal to pay cheque, 418.

DATE, parol evidence as to, admissible. 47, 95.

bill irregular but not invalid for want of, 87.
bill may be antedated or postdated, 88.
bill payable "with interest," runs from, 94.

DATE-Continued.

on bill presumed, true date, 95.

bill payable at fixed period after, 96.

may be inserted in undated bill or acceptance, 96.
insertion of wrong, does not invalidate bill, 96.
computation of time when bill payable after, 128.
deemed to be true date, 95.

presumption as to undated acceptance, 96.

endorsement, 225.

bill dated on Sunday or holiday valid, 88.

antedated or postdated cheque valid, 88, 402.

of acceptance after previous refusal to accept, 112.

alteration of, material, 369.

of protest, delay runs from, on acceptance for honour, 374.
protest may be extended as of date of noting, 301.

from which prescription runs, 346.

DAYS, time less than three, holidays excluded, 33.

drawee has two, to decide as to acceptance, 243.
DAYS OF GRACE not allowed on demand bills, 124.
rule in United States, 125.

origin of, 125.

abolished in, several countries, 125.

negotiable instruments law, 125.

on non-negotiable time bills, 126.

determined by place of payment, 395.

DEATH revokes authority to complete bill not given for value,
101.

if payee dead, bill payable to bearer, 69.

a determinable future time, 82.

of holder, rights pass to personal representative, 201, 233.
presentment for acceptance where drawee dead, 241, 242.

for payment where drawee or acceptor dead, 252.
notice of dishonour where drawer or endorser dead, 272.
of drawer of cheque stops payment, 418, 420.
DEBENTURES, Municipal, 458.

of other corporations, 461.

DECLARATION to be made by payer for honour, 378.

DECLARATORY, Imperial Act largely, 19.

DEBENTURES-See Bonds or Debentures.

DEBT, antecedent, is consideration for a bill, 164.

DEFAULT in payment of instalment, 92.

DEFECT IN TITLE, holder taking without notice of, 181, 229..
overdue bill, 221.

with notice of, 225.

what is, 185, 186, 189, 221.

DEFENCE, in Act includes counterclaim, 27.
total failure of consideration a good, 172.
partial failure may be good, pro tanto, 173.
in action on "patent" note, 40.

where plaintiff is not the owner, 227.

to action by holder in due course, 229.
DEFINITION of words used in the Act, 20, 28.

of a bill of exchange, 42.

of an inland bill, 83.

of a foreign bill, 53.

of a cheque, 401.

in French Code, 43.

of a promissory note, 432.

See 'Words and Phrases.

DELAY, caused by presentment excused, 237.

in making presentment excused, 257, 264.

ceasing, presentment to be made with diligence, 257.

for sending notice of dishonor, 270, 282.

in sending notice of dishonour excused, 286.

in noting or protesting when excused, 294.

DELIVERY, definition of, 24, 119.

necessary to complete acceptance, 20.

evidence as to, 47.

of bill necessary to complete contract, 118.
requisites as to, 120.

by whom it must be made, 120.

conditional, or as an escrow, 121.

possession creates presumption of, 123, 124.

bill payable to bearer negotiated by, 200.

negotiation by endorsement completed by, 200.
for value without endorsement, 202.

party paying bill entitled to, 262.

transferrer by, defined, 333.

liability of, 333.

what he warrants, 334.

to acceptor at or after maturity, discharges bill, 355.
to payee or bearer necessary to complete note, 440.

DEMAND, bill or note payable on, 42, 51, 81.

when a bill is payable on, 79, 81.

no days of grace on bill payable on, 80.

overdue bill accepted or endorsed is payable on, 81.

when deemed overdue, 224.

when prescription begins to run, 346, 349.

when to be presented for payment, 250.

when interest begins to run, 329.

DEMAND-Continued.

Ilability of endorser of note payable on, 445.

note payable on, may be continuing security, 445.
when it should be presented, 445.

when 'deemed to be overdue, 447.

when at maturity," 447.

cheque is bill payable on, drawn on bank, 401.

DEPOSIT RECEIPTS. See Bank Deposit Receipts.
DETENTION of bill by drawee, 243, 301.

DETERMINABLE FUTURE TIME, 42, 51, 81, 432.

DILIGENCE, REASONABLE, in attempting to present for ac-
ceptance, 242.

in attempting to present for payment, 255, 258.

in attempting to present where drawee or acceptor dead, 252.
after cause of delay ceases, 257.

in noting or protesting bill, 294.

DIRECTORS, when personally liable on bill or note, 158.
DISCHARGE of bill may be proved by parol, 48.

definition of, 336.

of bill by payment in due course, 337.

merger, 338.

novation, 338.

compensation or set-off, 343.

prescription or Statute of Limitations, 344.

acceptor becoming the holder, 355.

confusion, 355.

renunciation, 357, 359.

cancellation, 364.

material alteration, 365.

of accommodation bill, 352.

of party liable, by waiver, 359.

by partial payment, 358.

of surety, by dealing with principal, 359.

conflict of laws as to, 396.

at place of contract, 396.

of one part of a bill in set, 382.

DISCOUNT OF BILL, 176.

entitles discounter to collaterals, 176.

discounter holder for full value, 177.

DISCRETION OF COURT, as to costs on premature action, 262,

448.

DISCREPANCY between figures and words, 94.

DISHONOUR, case of need in event of, 102.

acceptance after, 111.