DISHONOUR-Continued.

after notice of, holder takes subject to defects, 183, 225.
by non-acceptance, 243, 245.

after two days, 243.

recourse for, 243, 245.

unless acceptance unqualified, 246.

by non-payment, 264.

recourse for, 265.

notice to drawer and endorsers on, 266.

drawer and endorsers discharged unless notice of, 267.

want of notice of non-acceptance, 267.

notice of non-acceptance, and non-payment, 267.

rules as to giving notice of, 270-See Notice.

of inland bill, 294.

of foreign bill, 295.

measure of damages on. 329.

holder may recover damages on, 331.

of bill by acceptor supra protest, 299.

DISPENSING with presentment for acceptance, 242.

payment, 258.

notice of dishonour, 288.

protest, 294.

DISSENT, by drawer or endorser to qualified acceptance, 247.
DIVIDEND WARRANTS, crossed cheque provisions apply to, 33.
are negotiable, 33.

DOMINION DAY, a holiday for bills, 126.

DOMINION LEGISLATION, as to bills, 1, 4, 5.

DOMINION NOTES, 457.

DONATO MORTIS CAUSA, note or cheque as, 168, 172, 234, 412,

421.

DRAFT, bill sometimes called, 44.

DRAWEE is person to whom bill is addressed, 48.

instrument not a bill if not addressed to, 49.

there may be two or more, 60.

not be alternate or successive, 60.

bill may be drawn payable to order of, 61.

must be named, or clearly indicated, 63.
fictitious, or same person as drawer, 86, 291, 292.

by assent to bill becomes the acceptor, 105.

assent must be written on bill and signed by, 108.
promise of, must be payment in money, 108.
wrongly designated or name misspelt, 108.

signature sufficient acceptance, 108.

may accept incomplete or overdue bill, 81.
after dishonour or refusal, 111.

DRAWEE-Continued.

qualified acceptance by some, not all, 114.
delivery or notice of acceptance binds, 118.
paying cheque on forged endorsement, 143.
presentment for acceptance to, 234, 240.
presentment to all, when more than one, 241.
if dead, presentment to representative, 241.

for acceptance excused, 242.

bin should be actually exhibited to, 248.
if fictitious, presentment excused, 242.
has two days to accept bill, 243.

when bill to be presented at address of, 254.

place of business of, 254.

not accepting, not liable on bill, 309.
accepting parts of set, liable on each, 382.
DRAWER, is person who addresses bill, 48.
where he may sign, 50.

bill may be drawn to order of, 61.
and drawee when same person, 86.

may give signature on blank paper, 97.

may insert name of, in case of need, 102.

may limit liability or waive holder's duties, 103.
drawee may sign bill before, 111.

order of, may be accepted generally, 113.

qualified acceptance of, 113, 114.

contract of, incomplete until delivery, 120.
delivery presumed to holder in due course, 123.
if not in possession of signer, 124.

when corporation may be, 130.

where no capacity to be party to bill, 141.

must sign as such to be liable, 316.

must give notice of forged endorsement within a year, 143.
signing as agent, officer or representative, 157.

when not personally liable, 157.

may re-issue bill negotiated back to him, 225.

when not discharged by delay in presentment, 237.
discharged by delay in presenting sight bill, 237.
non-assent to qualified acceptance, 246, 247.
discharged by non-presentment for payment, 247.
when presentment dispensed with as regards, 259.
if dead, notice given to representative, 272.
notice to, when dispensed with, 291.
engagement of, to holder or endorser, 315.
estoppel of, as to payee, 316.

M'L.B.E.A.-34

DRAWER-Continued.

not liable as, unless signed as such, 316.
damages recoverable by, who pays, 331.
bill not discharged when paid by, 353.
cannot re-issue bill to order of third party, 353.

may re-issue bill to his own order, 353.

if bill for his accommodation, his payment discharges it, 352.
accepted for his honour, if not otherwise stated, 374.

may be required to replace lost bill, 378.
undertaking of, on foreign bill, 389.

of cheque, when discharged by delay of holder, 414.

holder of cheque is creditor in lieu of, 414.

of cheque may stop payment before acceptance, 418, 419.
notice of death of, stops payment of cheque, 418.

may re-open crossed cheque, 424.

of crossed cheque, rights if paid in good faith, 427.

DRUNKENNESS, when bill voidable for, 134.

DUE COURSE, holder in, 180-See Holder in Due Course.
payment in, defined, 337-See Payment.

DUE DATE, how determined, 124, 128, 129.
place of payment governs, 395.
DUPLICATE of lost bill, if required, 378.
forms in first schedule, 468.

DURESS, cause of defective title, 185.

evidence of, shifts burden of proof, 193.

DUTIES OF HOLDER-See Holder.

EASTER MONDAY, a holiday for bills, 126.
ENDORSEE, when he need not endorse, 78.
of "

'patent right" bill, takes subject to equities, 40.
if two or more, all must endorse, 207.

transfer of part of bill to, invalid, 207.

rule as to misspelling or wrong designation of, 209.
payment to, contrary to condition is valid, 210.

blank endorsement specifies no, 211.

provisions as to payee apply to, 212.

restrictive, takes subject to restrictions, 216.

ENDORSEMENT defined, 26.

must be completed by delivery, 26, 118.

may be on any part of bill or on allonge, 26, 205, 206.

by stranger, no endorsement, 26.

substituted for indorsement' in revision, 26.

blank, makes bill payable to bearer, 67.

of overdue bill, effect of, 81.

date of, deemed true date, 95.

ENDORSEMENT-Continued.

"without recourse," 104.

by infant, etc., gives rights to holder, 141.
right of drawee of cheque paying on forged, 150.
of bill payable to order, 200.

of notarial note in Quebec, 201.
transfer for value without, 202.
without personal liability, 204.

requisites of a valid endorsement, 205.
agreement to endorse is not an, 205.
may be on allonge or copy of bili, 206.
must be of entire bill, 205.

must be by all payees or endorsees, 207.

when payee or endorsee wrongly designated, 209.
when name of payee or endorsee mis-spelt, 209.
suggested modes of endorsement, 209.

order of, on bill deemed regular order, 209.
may be in blank, or special, 211.

conditional, may be disregarded by payer, 210.
what is endorsement in blank, 211.

what is special, 212.

holder may convert blank into special, 213.

holder may strike out blank, 213.

what is restrictive, 214.

examples of restrictive, 214, 215.

rights given by restrictive, 216.

negotiability of bill stopped by restrictive, 216.

bankers' rules respecting, 217.

of overdue bill, effect of, 221.

undated, presumed before overdue, 225.

demand bill presented within reasonable time after, 250.
estoppel of acceptor as to any prior, 314.

endorser as to validity of bill at time of, 328.

pour aval, 318.

transferrer by delivery negotiates without, 334.
striking out, 353.

of more than one part of a set, 381.

interpreted by lex loci contractus, 384.

of inland bill abroad governed by law of Canada, 387.
demand note presented within reasonable time after, 447.

if given as collateral security, not necessary, 445.

ENDORSER of overdue bill, liability of, 81.

blank signature for bill may be used for, 97.
may name referee in case of need, 102.

may negative or limit his liability to holder, 103.

ENDORSER-Continued.

may waive holder's duties as to himself, 103.
may endorse "without recourse," 104.
when such endorser may be liable, 104.

contract of, incomplete until delivery, 118.
delivery must be authorized by, 120.

if bill not in possession of, delivery presumed, 124.
when corporation may be, 130.

rights of holder, through minor or corporation as, 141.
adding words indicating representative character, 157.
prior, may re-issue bill negotiated back, 225.

cannot enforce payment against intervening party, 226.
discharged by non-presentment for acceptance, 237.
liable to holder on dishonour by non-acceptance, 245.
when discharged by qualified acceptance, 246.
must express dissent from qualified acceptance, 247.
discharged by non-presentment for payment, 247.
when presentment excused as regards, 259.
liable to holder on dishonour by non-payment, 265.
notice of dishonour must be given to each, 266.
notice by holder benefits prior endorsers, 280.
notice by, benefits subsequent endorsers, 280.
notice to representative of dead, 272.

when not entitled to notice of dishonour, 292.
discharged by non-protest of Quebec inland bill, 297.
foreign bill, 294.

acceptor admits capacity of payee to endorse, 314.
liability of, on bill, 326.

estoppel of, 327.

not liable as, unless signed as such, 316.

person signing not as drawer or acceptor, liable as, 316.

pour aval, 318.

compelled to pay may recover damages, 331.

payment by, does not discharge bill, 353.

rights of, who pays bill, 353.

when discharged by cancellation, 364.

alteration does not discharge subsequent, 365.

on each part of set liable, 381.

liability of, when laws conflict, 384.

liable only if note presented for payment, 445, 451.

within a reasonable time, 445.

at proper place, 447.

first endorser of note corresponds to drawer of bill, 454.
ENGLAND, law of, in Quebec, 8.

Ontario, 16, 17.