NOTICE-Continued,

of dishonour of bill not overdue, defect of title, 225.

of partial acceptance prevents discharge of drawer and en-
dorsers, 247.

of death of customer to bank stops cheque, 418, 420.

NOTICE OF DISHONOUR-See also Presentment.
copy of foreign, is evidence, 38.

holder in due course takes without, 180, 183.

must be given to drawer and each endorser, 266.
knowledge of dishonour not sufficient to bind, 268.
want of, will not prejudice holder in due course, 267.
for non-payment, when not required, 267.

not necessary to acceptor, 269.

rules as to, 270.

must be given by holder, or endorser who is liable, 271.
may be given by agent in his own name, 275.

in name of any party entitled, 275.

when given may benefit other parties, 280.

may be verbal or written, 275.

tendency not to regard informalities in, 277.
illustrations of good and bad, 277.

return of dishonoured bill to drawer, sufficient, 278.
sufficient, although irregular, if not misleading, 278.

may be given to party, or his agent, 273.

in case drawer or endorser is known to be dead, 272.

must be given to each drawer and endorser, 273.

must be given on day of dishonour, or on next business day,
270.

agent may give, to parties liable, or to his principal, 275, 278.
principal has next business day to give, 278.

each party receiving, has next business day to give, 279.
sufficient to post, duly addressed post paid, 281.

even if party dead, 282.

sender not responsible for miscarriage by post, 285.

excuses for delay in giving, 286.

dispensed with, 288.

if impossible, 288.

if waived, 289.

as to drawer, 291.

as to endorser, 292.

to others than drawer and endorsers, 293.

to acceptor for honour, 263.

NOTICE OF PROTEST, 471. See Notice of Dishonour.
NOTIFICATION, to complete acceptance, 20.

NOTING of inland bill, 295.

delay in, when excused, 294.
must be on day of dishonour, 300.
protest may be filled up later, 301.
expense of, allowed, 329.

forms of, 307, 467, 471.

NOVATION, defined, 338.

NOVA SCOTIA, law of England introduced, 11, 17.
provincial legislation on bills, 12.

Married Women's Property Act in, 135.

bills of companies, 138.

seal on protest formerly necessary, 304.
office of notary in, 304.

tariff of fees for protests in, 306.

OFFICE, payee may be indicated by, 62.

OFFICER of bank not to act as notary, 38.

OFFICER OF CORPORATION, drawing bill, 50.
acceptance by, 105, 106, 137.

signature by, 153, 158.

when personally liable, 158.

ONTARIO, French law originally in force, 10.

English law introduced 1792, 10.

provincial legislation on bills, 10.

assignment of chose in action, 65.

Judicature Act, 21, 22, 65, 128.

qualified acceptance, 116.

Married Women's Property Act in, 135.

bills of companies, 138.

annexing bill to protest, 303.

statute of limitations in, 346.

written promises in, 346.

notaries in, 304.

tariff of fees for protests, 305.

municipal debentures, 459.

other corporation debentures, 461.

ONUS PROBANDI-See Burden of Proof-Presumptions.
OPTION of payee of bill payable to order, 78.

endorsee of bill payable to order, 78.

as to bill or note, 86.

as to referee in case of need, 102.

ORDER, bill is payable to, or to bearer, 42, 67.

when a bill is payable to, 67, 78.

bill payable to particular person is payable to, 78.
not payable to, if transfer prohibited, 64.

ORDER-Continued

bill payable to, negotiated by endorsement, 200.

transfer without endorsement, 202.

of endorsements, presumption as to, 209.
debentures payable to, 458.

ORIGIN of bills and notes, xlix.

OTHER NEGOTIABLE INSTRUMENTS, 18, 456.

OVERDUE, bill may be accepted although, 81.

indorsed when, 81.

person acquiring bill, not holder in due course, 180, 182.
person acquiring, takes subject to equities, 221.

when demand bill deemed to be, 224.

endorsement presumed before bill, 225.

taking bill subject to dishonour, although not, 225.
when demand note deemed to be, 445, 447.

OVERRULED CASES, xxxvii.

OWNER, holder need not be, 24.

discounter of bill is, 177.

restrictive endorsee not the, 214.

when bank paying crossed cheque not liable to, 426.

when bank collecting crossed cheque not liable to, 428.

PAROL EVIDENCE, 46, 47, 68, 94, 97, 114, 166, 194, 203, 210, 225,
360-See Evidence.

PART PAYMENT, bill may be discharged by, 358.

PARTIAL ACCEPTANCE, 114, 115, 247.

PARTICULAR FUND, order to pay out of, not a bill, 57.

bill may indicate a, 57.

PARTICULAR PERSON, bill payable to, payable to order, 78.
PARTICULAR PLACE, acceptance to pay at, 116.

differs from Imperial Act, 116.

meaning of, 118.

PARTIES, delivery as between immediate and remote, 120.
capacity and authority of, 130.

who may be parties to a bill, 130.

holder for value as against prior, 169.

holder in due course free from defects of, 229.

liabilities of, 309.

PARTNERS, bill may be addressed to, 60.

or to drawees, not, 60.

acceptance of bill by one, 105, 107.

signature of firm equivalent to that of all, 323, 324.

power of, to bind firm, 153, 324.

bill by one in fraud of others, 324.

illustrations of bills by, 325.

PARTNERS-Continued.

signature of firm same as of, 323.

liability of, on bill or note of firm, 443.

PARTS OF A SET-See Set.

PATENT RIGHT, bill or note for, must have words on face, 39.
holder in due course protected, 39.

is subject to equities, 40.

penalty for breach of law, 41.

"PAY CASH," words to reopen or uncross cheque, 424.

PAYABLE ON DEMAND-See Demand.

PAYABLE TO BEARER-See Bearer.

PAYABLE TO ORDER-See Order.

PAYEE, defined, 54.

may be same person as the drawer, 61.

drawee, 61.

there may be two or more, 61.

described as holder of office, 62.

of bill to order, must be named or indicated, 68.
when parol evidence admissible as to 68.

joint or alternative payees, 61.

fictitious or non-existing, 69.

when need not endorse, 78.

may become holder in due course, 181.

if two or more, all must endorse, 207.

wrongly designated, how must endorse, 207.
suggestions as to endorsements by, 208.

provisions regarding, apply to endorsee, 212.
note inchoate until delivery to, 440.

PAYER may disregard conditional endorsement, 210.
entitled to bill on payment, 262.

for honour may intervene and pay bill, 378.
entitled to bill and protest, 377.

declares intention to notary, 378.

PAYMENT, when no time for, is expressed, 79.

time of, how determined, 79.

by acceptor, when conditional, 114.

required, although drawer or endorser without capacity, 141.

of cheque on forged endorsement, 143.

against conditional endorsement valid, 210.

restrictive endorsee may receive, 216.

discharge by, stops negotiability of bill, 220.
of bill negotiated back, 225.

holder may enforce, 226.

to holder with defective title valid, 232.

bill must be duly presented for, 247.

rules as to presentment for, 249.

PAYMENT-Continued.

when delay is excused in presenting for, 257.

refusal of, is dishonour of bill, 264.

dishonour for want of, gives immediate recourse, 265.
suspension of, by acceptor, 298.

bill should be exhibited on demand of, 248.
bill to be delivered to payer on, 262.
acceptor of bill primarily liable for, 312.

drawer of bill conditionally liable for, 315.

endorser of bill conditionally liable for, 326.

of bill by drawer or endorser gives right to damages, 331.
interest on demand bill from presentment for, 329.

further damages bear interest until, 332.

in due course by drawee or acceptor discharges bill, 337.
"payment in due course defined, 337.

Daniel's definition of, 337.

in good faith, 337.

by bill or note, 338.

"

may be absolute, 338.

illustrations of, 339.

is only conditional without agreement, 338, 340.

renewal, presumption against, 338.

part payment is equity attaching to bill, 341.

compensation in Quebec operates as, 343.

defect of title, 343.

prescription or Statute of Limitations as, 344.

by party accommodated, 352.

by drawer or endorser is not discharge, 353.
by drawer gives right against acceptor, 353.
by endorser, right against antecedent parties, 353.
alteration of time of, material, 369, 370.

for honour supra protest, 376.

only after protest, 376.

discharges subsequent parties, 378.

entitles payer to bill and protest, 377.
effect of refusal to accept, 377.

of one part of set discharges whole, 382.

unless more than one part accepted, 382.

contract when governed by law of place of, 389, 390, 398.

presentment of cheque for, 414.

reasonable time for presenting cheque for, 414, 416.

of cheque by bank, when stopped, 418.

of crossed cheque by bank, 426.

presentment of demand note for, 445.

presentment of note at place named, 447, 452.