PAYMENT-Continued. if note names no place oi, 448. endorser liable only after presentment for, 452. PENALTY for omitting "given for a patent right," 41. company omitting word "limited," 138. officers of company neglecting liable for, 138. for issuing notes to circulate as money, 435. PENCIL, writing may be in, 46. signature may be in, 49, 205. PERSON defined, 28, 48, 54. fictitious, 49, 54, 69, 70, 76, 86, 242, 259. bill payable to, negotiable, 78. PERSONAL DEFENCES, holder in due course free from, 229. of agent, 157, 158. of officers of corporations, 105, 158. difference between bills and notes, 105, 159, 453. PERSONAL REPRESENTATIVE. on death of holder bill passes to, 201. acceptor, 252. should give notice of dishonour, 272. notice to, of dead drawer or endorser, 272. of payment not named, payable generally, 88. may be payable where drawn, 88. not qualified acceptance to pay at specified, 116. of payment sufficient without "not elsewhere," 117. of business, bill not payable at, 236. bill presented at the proper, 253. of payment named in bill or acceptance, 253. when alternative places are named, 254. of payment not specified, 254, 256. of business, presentment at last known, 254. of protest, 301. of issue of bill determines form, 384. of payment not named, when acceptor liable, 261. named, liability of acceptor, 262. of payment, alteration of, material, 369, 370. governs duties of holder, 394. due date, 395. law of, governs due date, 395. note must be presented at, 447. named in note, when endorser liable, 451. PLEDGE, holder of bill as, 175-See Lien. discounter of bills is not pledgee but owner, 177. delivery is transfer of, 24. actual and constructive, 24. holder is payee or endorsee in, 24. person may hold bill as an escrow, 121. by holder in due course, 123. delivery is presumed from transfer of, 124. necessary before action, 227, 229. adversely to real owner, 229. POST-DATED instruments valid, 88. cheque equivalent to a bill, 89. not an irregularity, 402. POST OFFICE, when presentment made through, 241, 256. notice of dishonour deposited in, 281, 285. POTHIER, Contrat de Change. cited for old French law, v. based on Commercial Ordinance, 8. See Ancient French Law. POWER OF ATTORNEY-See Procuration. PREMATURE presentment for payment a nullity, 249. law differs in different provinces, 17, 344. absolutely extinguishes debt, 344. interruption of, by written acknowledgment, 345. English Statutes in Canada, 345. in Ontario, Nova Scotia and New Brunswick, 346. PRESCRIPTION—Continued. writing to take case out of statute, 346. Chalmers' five rules for England, 347. of notarial note en 'brevet, 349. governed by lex fori, 349. PRESENTATION, payable on, is payable on demand, 79. costs of action before, discretionary, 262. when acceptance dates as of first presentment, 112. to whom, should be made, 235. as to bills payable at or after sight, 237. effect of omission of, 237. discharge of drawer and endorser for want of, 237. by or on behalf of holder, 240. to drawee at reasonable hour, 240. before bill overdue, 240. to all drawees not partners, 241. to personal representative if drawee dead, 241. when made through post office, 241. is excused if drawee dead, 242. fictitious, 242. if impossible, 242. when not excused, 243. governed by law of place where presented, 394. delay in, 414. provisions as to, not applicable to notes, 455. PRESENTMENT FOR PAYMENT, when not necessary, 245. drawer and endorsers discharged unless, 247. bill to be exhibited, 248. not necessary as against acceptor, 248. rules as to, 249. time for, when bill not payable on demand, 249. payable on demand, 250. made by holder or by his authority, 250. at the proper place, 250. PRESENTMENT FOR PAYMENT-Continued. to payer or his representative, 250. hour may depend on place, 251. at place specified in bill or acceptance, 253. when no place specified, 254. when at address of drawee or acceptor, 254. when at place of business of drawee or acceptor, 254. at proper place, when sufficient, 255. to all drawees or acceptors not partners, 252. to representative of dead drawee or acceptor, 252. at post office, 256. when delay in, excused, 257. should be made when cause ceases, 257. dispensed with when impossible, 258. when drawee is fictitious, 259. as regards the drawer, 259. an endorser, 259. by waiver express or implied, 260. and refusal dishonours bill, 264. acceptor liable without, if no place named, 261. delay excused in, 264. governed by law of place where payable, 394. time for, governed by law of place where payable, 395. after countermand, 418. death of customer, 418. of note payable on demand, 444, 445. at a particular place, 447. action on note before, costs discretionary, 448. of delivery from possession, 124. that bill is inland, 85. acceptance shortly after date, 97. acceptance is correct, 95. party is party for value, 193. that cancellation is regular, 365. in favor of good faith, 29, 183. PRESUMPTION-Continued. conclusive, or juris et de jure, 123. when valid delivery conclusively presumed, PRIMA FACIE EVIDENCE, protest is, 37, 38. PRINCE EDWARD ISLAND, law of England in, 14, 17. provincial legislation, 14. qualified acceptance, 117. note payable at a particular place, 422. PRINCIPAL AND AGENT-See also Agent. rule when doubtful who is liable, 157, 163. by either is valid, 275. renunciation where such relation exists, 359. what parties stand in such relation, 360. illustrations as to, 361. taking renewal from principal, 362. PROCEDURE, provincial laws of, affect bills and notes, 2. cross-demană in Quebec, 22. defence and counterclaim, 27. defence in case of patent rights, 40. PROCLAMATION of holiday, etc., 127. of Oct. 7th, 1763, 8, 10. PROCURATION, operation of signature by, 152. how bills by, should be signed, 153. See Agent. PROHIBITION of transfer, instrument valid but not negotiable, 64. PROMISE TO ACCEPT, is not an acceptance, 110. promissor may be liable on contract or by estoppel, 110. |