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ceolaria and lobelia ; cut down pelargoniums, and take freely cuttings of them and heliotropes, roses, jasmines, lophospernums, &c.; keep the Japan lilies moist, and on hot days keep close shaded, and water the floor of the house to promote moist vapour. August. Continue to propagate pelargoniums-the cuttings will strike readily in the open garden and will be stronger done that way. Keep down red-spider in the house, on thunbergias, &c., ; on fine days collect suitable soils for winter use and place under the stages. Now is the time to turn out any plants that remain in house, and scrub all paint and woodwork, and, if necessary, paint and glaze afresh the structure so as to have it well seasoned and purified before the return of the plants.

to cacti and succulent plants, remove Chinese primroses to a shelf near the glass, and watch against damp.

October.-Replace without further delay all plants from the garden that are to be housed, trimming, cutting back, and washing each individually. Pot all bulbs for winter, especially crocuses for early flowering, also lily of the valley. Remove all dead or yellow leaves as they occur, and keep vigilant search for mildew, and dress with sulphur; use a little fire heat on stagnant foggy days, but give air as much as possible. Sow mignonette to flower after Christmas.

November.-Treat as last monthin regard to firing and air-guarding against sudden frosts, keep down green fly, &c., and dead leaves; put bulbs for a succession, shift Chinese primSeptember.-By the middle of this roses, stake them out neatly and water month all the greenhouse-plants should sparingly; keep all the foliage clean, be back in their places-well-cleansed especially of shiny leaved plants. and picked over to free them from in- December.-Endeavour now to keep sects, and the pots examined for snails the temperature as even as can be and slugs inside them-some bulbs-from forty to forty-five degrees at must now be potted to bloom early, night, and from fifty to sixty durhyacinths, tulips, narcissis, Cape ing the day.-Keep as far as possible bulbs, &c. Take up and let wither a bright and flowery aspect in the gradually silimus and all summer flowering bulbs; sow mignonnette for winter bloom, pot violets for same. Gradually curtail the supply of water

house, and arrange divers coloured foliage plants (where flowers are wanting) with the bright berried solaumus and acubas to produce a good effect.

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The Object of the Succeeding Pages is to enable persons to find out for themselves how the law stands upon many of the common subjects of dispute. Where the course to be followed is not stated here, the reader may take it for granted that the subject presents difficulties it would be unwise to combat without legal advice.

18. November 1869.

To Mr. Thomas Smith.

I. O. U. Five pounds sterling, payable thirty days after this date. WILLIAM JONES.

£5. The above would be a legal document, if it bore a penny bill stamp.

Bills of Exchange.-A bill of exchange is a bond by virtue of which the acceptor promises to pay to the drawer or holder a certain sum on a certain day, thus :

£40 10s.

London, 1st Jan., 1872. Two months after date pay to me or my order, the sum of forty pounds and ten shillings, value received. JAMES BROWN.

To Mr. Henry Robinson,

Grocer, Cheapside, London.

An I. O. U. is a simple, but distinct, ackowledgment of a sum due; it does not require a stamp, and the amount may be sued for and recovered, unless obtained by fraud, or given Mr. Henry Robinson writes across the for an illegal or gambling debt. It face of this the word "accepted," and must not have any specified time for the place where payable-either his payment stated upon, or it becomes bankers' or elsewhere-signs his name liable to the stamp duty, as a promis-under that or below the word accepted sory note. In such case it is worth- and the bill is perfect. The bill when less and not admissible as evidence of due must be presented for payment at indebtedness. The date on which it the place where it is made payable; if was given may, however, be written no place is stated, but merely the word upon it, thus:

18. November 1871.

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66

accepted" and the acceptor's name written under that word, then it is payable at his place of business, as stated at left hand corner. In Scotland the acceptor signs his name under the drawer's, and the word "sterling" should always be written after the amount in the body of the bill. Before a bill can be presented for payment it must be endorsed on the back by Mr. James Brown, the drawer, who simply writes his name, or says

66

'Pay to the order of Mr. John Smith. "JAMES BROWN."

Mr. John Smith, in presenting it or passing it away must sign his name also on the back of the bill, and every subsequent holder must do likewise. Every person who endorses a Bill of Exchange becomes a surety, and undertakes that the bill shall be discharged when it becomes due. The acceptor of a bill is, however, absolutely and formally liable upon it, no matter how many or what endorsements there may be upon it; and the drawer and endorser or endorsers are only collaterally and conditionally liable to the owner, if the acceptor inake default. Every subsequent endorser is a surety for each prior endorser. But an endorser as such is not liable to the acceptor, and a subsequent endorser as such is not liable to a prior endorser.

The Non-presentment of a Bill for payment on its becoming due will not afford a defence to an action brought against its acceptor for the amount. Drawers and endorsers' liability ceases if no notice of the dishonour of a bill be given by the holder at the time of its falling due, or within a reasonable period after; but the acceptor's liability never ceases. A "reasonable period" in respect to unpaid bills has been held to be three days.

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A Bill Drawn on a Wrong Stamp is valueless, but no penalty attaches to the act. A higher stamp than the amount requires would not be considered a 66 wrong stamp.' If the acceptor refuse to give another bill he can be sued for the amount on such original consideration as that for which the wrongly drawn bill was given.

If a Bill is Accepted and made Payable at a Banker's, and the acceptor can prove that he lodged funds at the banker's, at the proper time to pay it, the acceptor would be relieved if the holder failed to present it in due course, and the money were lost by the subsequent failure and stoppage of payment by the banker. Before a bill is made payable at a bank, at which the acceptor has no account, the consent of the banker should be obtained.

If a bill is made payable at a certain place, the holder is not bound to

present it for payment elsewhere, even though requested by the acceptor; and if it be dishonoured, the holder may sue all the parties whose names are on the bill, even though funds were provided elsewhere to meet it.

The Loss of a Bill is not fatal to the recovery of the amount. By the Act, 17th & 18th Vict., cap. 125, the court in which any action is brought on a Bill of Exchange, has power to order that the loss of such instrument shall not be set up, provided an indemnity be given to the satisfaction of the court or judge, against the claims of any other person upon such bill.

The Stamp Duties on Inland Bills of Exchange, Promissory Notes, or orders for the payment to the bearer, or to order, other than cheques, which are payable on demand, are as follows :.0 0

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Foreign Bills of Exchange, or Promissory Notes, drawn in, but payable out of, the United Kingdom, if drawn singly or otherwise than in sets of three or more, pay the same duty as Inland Bills. Foreign Bill of Exchange, or Promissory Note made, or purporting to be made out of the United Kingdom, but payable within the United Kingdom, the same duty as on an Inland Bill of the same amount, not exceeding £500 (adhesive stamp to be used).

Accommodation Bills. These are bills for which there is no consideration. An endorsee of an Accommodation Bill, who has only paid part of the amount for which the bill was drawn, can only recover what he paid; but an endorsee who has given value for an Accommodation Bill, can recover from the acceptor, even though

when the endorsee became holder, he, was aware of the acceptor having received no value or consideration. If, however, the holder has no bona fide claim to the possession of the bill, he will have no better interest in it than that of the persons from whom he received it.

Days of Grace. In the United Kingdom three days of grace are allowed on all bills, whether payable at a certain specified time after date, or at a certain specified time after sight, or at sight. Bills payable on demand are, however, immediately payable on presentation, without any grace days. Bills not expressing the time of payment are considered as payable on demand.

The law of the place where the bill is made payable governs the allowance or non-allowance of the grace days, which vary in different countries. Thus in England, Wales, Ireland, and Scotland, it is three days; in the United States, three days; France, none (ten days were formerly allowed but were abolished by the Code Napoleon); Berlin and Vienna, three days each; Amsterdam, Rotterdam, Antwerp, and Naples, none; and Brazil, fifteen days; &c.

When a bill falls due on Sunday or other Holyday it is payable on the day previous. By the recent Bank Holidays Act, Bills of Exchange falling due on Christmas Day, Boxing Day, Good Friday, Easter Monday, Whit Monday, and the First Monday in August are payable on the following day,

against parties consenting to any material alteration in a bill, such alteration nullifies it. If, however, the acceptor writes the alteration in words before he signs his name, that will legalise the alteration, provided the stamp will carry any alteration in the amount. If the amount in writing in the body of a Bill differs from the amount in figures at the top left hand corner, the former is held to be the correct amount.

Promissory Notes differ from Bills of Exchange in being signed by only one person instead of two. The usual form is :

London, 23rd February, 1871. £11.4s. 6d.

One month after date I promise to pay to Mr. James Smith, or order, the sum of Eleven pounds, four shillings and six pence for goods delivered (or for value received).

THOMAS ROBINSON.

The same laws and regulations govern both Bills of Exchange and Promissory Notes, and Bill-stamps of the same value are used.

Bills of Sale.-A Bill of Sale is an assignment of personal propertygoods and chattels-as security for a debt or loan.

To prevent frauds upon creditors every Bill of Sale to be valid must be registered with the clerk of the dockets and judgments in the Court of Queen's Bench within twenty-one days of its execution; and must be accompanied by an affidavit stating the time the bill was given, and a description of the occupation and residence of the deponent, and of every attesting wit

be not complied with, the Bill will not avail to protect goods against assignees in bankruptcy or any other creditors.

Days of Grace are counted exclusive of the day on which the bill would otherwise have fallen due-thus a billness to the bill. If these conditions drawn in England dated March 1st, and payable at six months after date, would be payable on September 4th following, unless that day were Sunday, when it would be due on the 3rd. Any alteration of the date of a Bill of Exchange, after acceptance, cept it be authorised in writing by all whose names appear upon the bill,whereby the payment would be accelerated, nullifies the bill; and even if in the hands of an innocent holder, no action can be brought upon it. Except

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The Preparation and Registration of Bills of Sale need not necessarily be done by an attorney, though it is the safer course. The register of such securities is open to public inspection on payment of 1s., and a copy of the bill may be obtained, on payment according to the length of the document.

Where two or more Persons give a Joint Bill of Sale on property belong.

ing to them as co-partners, the deed may be executed by each at different times, the bill dating from the time the first partner signed it. The accompanying affidavit should tell this circumstance, and also give the exact dates of the execution or signing by each partner. There is no necessity for all being together, and executing the deed at the same time. Bills of Sale are so frequently resorted to for the purpose of defeating just claims that they are viewed by the Law Courts with very general suspicion. In all cases the party in whose favour the bill is made, must be able to prove clearly the integrity and fairness of the transaction, and that valuable and adequate consideration was given.

If the vendor continue in possession of the goods, it is a presumption of fraud; therefore the party secured by the Bill of Sale should take possession, or be represented on the premises by a person actually holding the docu

ment.

and unless this be done, the bond becomes worthless.

Without proof of valuable and due consideration, the assignment by a person on the eve of his trial for a capital offence, cannot be upheld, the implication being that the bill was given to avoid a forfeiture to the Crown.

Mortgages. A mortgage is a grant made by one person to another of certain hereditaments-to be described in an accompanying schedule-in consideration of money lent, to secure the punctual repayment of the money in certain instalments, or on a certain day, and the interest at such rate, and payable at such times as may be agreed. The mortgagor (the borrower) gives the mortgagee (the lender) power to sell the property on default of payment of any part of the principal or interest.

In Equity the mortgagee has no further right to the estate or property than to secure himself the repayment of the money advanced : in a court of In the case of an absolute Bill of law, however, the mortgagee is absoSale, unless there have been a sub-lutely entitled, and the mortgaged stantial and bona fide change of pos-estate-always providing there is desession of the goods-exclusive posses- fault--may be willed away by him, sion under the assignment, and not and will be inherited by his heir, concurrent with the assignor,-an exe- should he die intestate. cution creditor cannot be defeated by it, and it is considered by the law to be fraudulent and void, as against all creditors.

But, when the bill is only given by way of mortgage, and possession is conditional on default in payment of debt or loan, and postponed until such default occur, then fraudulent conduct is not implied.

Though a sale or transfer at a very low price is not necessarily a fraud, yet when the consideration is wholly inadequate, that fact is an implication of fraud, and will cast suspicion upon the bill.

If, prior to the making and execution of a Bill of Sale, there has taken place no proper valuation of the goods transferred, the law infers that the transfer was not intended to be real and bona fide.

Bills of Sale must be registered anew every five years, with a 5s. stamp;

A mortgagor is at liberty to pay off the borrowed money at any time, previous to its falling due, by giving six months notice of his intention to the mortgagee, or by paying six months interest in lieu of such notice. Any person having a legal or equitable interest in, or lien on, the property, may force the mortgagee to allow the mortgage to be satisfied by the payment of the principal, interest and costs.

A mortgage cannot, under any circumstances, be made irredeemable.

If there be any breach of conditionthat is to say-default in payment of either principal or interest at the proper time, -the mortgagee can compel the mortgagor to elect either to redeem his pledge without further loss of time or to allow his "equity of redemption" to be extinguished.

This proceeding is called the "Foreclosure of the mortgage; if the mort

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