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Section.

86. Chartered Bank v. Dickson, L. R. 3, P. C. 579.

Brooks v. Mitchell, 9 M. and W. 15.

87. Sand v. Clarke, 8 C. B. 751.

Walton v. Mascal,13 M. and W.458. Roche v. Campbell, 3 Camp. 247. Sanderson v. Judge, 2 H. Bl. 510. 88. Drayton v. Dale, 2 B. and C. 293. 90. Raphael v. Bank of England, 17 C. B. 174.

91. Lord v. Hall, 8 C. B. 627.

Crouch v. Credit Foncier, L. R. 8,
Q. B. 382.

93. Geralapalo v. Wieler, 20 L. J., C. P. 105.

INDEX.

Acceptance, meaning of, 23.
definition and requisites of, 49.
must be in writing, 49, 50.
on the bill, 49, 50.
signed, 27, 49, 50.

by drawee or agent, 49, 50.
must be to pay money, 49, 50.
mere signature sufficient, 49.
when necessary, 98.

date of, 99.

when date of, required, 50.

time for acceptance, 50, 51.

acceptance on blank stamp, 51.

dating, as of date of second pre-

sentment, 51.

general, 51, 52.

qualified, 51-53.

kinds of qualified, 52.

notification of, 58.

delivery to give effect to, 58.

Acceptance, French law requires

"accepté" to be written on bill,166.
Acceptance of bill in a set, 163.
Acceptance for honour, rules as to,
151-154.

consent of holder required, 151, 152.
Acceptor, contract of, 4, 67, 129.

if name different from drawee's, may
be shown to be the same, 67, 69.
discharge of, of bill in a set, 163.
liability of, where two parts accepted,
163.

holder of bill at maturity cannot re-

issue, 143, 144.

Accommodation Bill, 5.

when presentment of, dispensed with,
111, 112.

when notice of dishonour dispensed
with, 120.

effect of prescription on claims of
relief, 222.

Accommodation party defined, 79.
duties of, 81.

liability of, 79.

order of liability among, 79, 80.

proof by parole of accommodation,

80.

Act, title of, 23.

application of, 23.

scope of, 1.

Acknowledgment not a note, 192.

Address of bill, 27.

Advice, bill payable per, 27.

Agent, who may be, 72.

authority to, how given, 72.
ratification of agent's acts, 72.
partner as, 72.

shipmaster as, 72, 73.

where he signs in his own name,

principal, not liable, 73.

limits of mandate, 73.

when not personally liable, 74.
when liable, 74.

liable, if he sign in name of fictitious
or non-existent principal, 74.
as to signature of, in case of doubt,
74, 75.

not presenting for acceptance, is liable
to his principal, 99.
Alienations in fraud of creditors, 209.

Acceptor for honour, contract of, 154,
155.
presumed to accept for drawer, 151, Allonge, 87, 88.
154.

Alterations in law relating to bills, 3.
T

Alteration, material, avoids bill, 148-151. | Bank of England notes demandable for

when not apparent, holder in due

course not affected, 148, 150.
Antedating bill, 43.

Assent to qualified acceptance, 106.
Assignment, completed by presentment
of bill, 7.

does not take effect, when drawer
without capacity to contract, 67.
not in England, 126.

rules as to, in Scotland, 126-129.
Assimilation of laws of United King-
dom, 2.

Authentication of bills, 6.
Aval, indorser per, 132.

rules as to, 132-134.

Bank Holidays Act, 261-263.
Bank Notes, defined, 194.
issue restricted, 196, 241.
may be re-issued, 144, 195.

Scotch and Irish, not a legal tender, 195.
must be stamped, unless a composition
paid, 195.

not subject to sexennial prescription,
195, 221.

summary diligence on, 195.

liabilities of transferor of, 195.

in Scotland, for one pound, and mul-
tiples thereof, 221, 242, 243.

Bank note, defined for purpose of Cur-

rency Acts, 247.

Banker, duty of, to pay, how deter-
mined of, 174.

as to crossed cheques, 185.

receiving payment of crossed cheque,
when liable, 189.

when liable to true owner of crossed
cheque, 185.

|

gold, 241.

Bankruptcy Acts, 209, 211.

Bankruptcy, rules in, unaltered, 208.
Scotch rules, 209-213.

at common law, 209.

under 1621, c. 18, under 1681, c. 5,
who can claim on, 210.

claims on bill by firm, 211, 212.
claims on cross or accommodation
bills, 212.

rule ex parte Waring does not apply
in Scotland, 213.
English rules, 213.
Bankrupt defined, 24.
Bearer defined, 24.

blank indorsement, 90, 91.

Blank stamps, signature on, 50, 51.
Bottomry bill, not a bill, but valid, 41.
British Islands defined, 31.
Business days, 40, 205.

Business day, bill payable on, 44.
Bill of Exchange defined, 25.

codification of law relating to, 1.
assimilation of laws of United King.
dom, 2.

differences in laws of United King.
dom, 2.

alterations in law, 3.

original contract in, 3.
privileges of, 6, 7.
disadvantages of, 7, 8.
authentication of, 6.
inland, defined, 31, 256.
definition in Stamp Act, 32.
foreign, defined, 31, 32.

is a bill though called by another
name, 29.

requisites of (see Requisites of Bill).

Bank of England notes, how signed, 28, Bill, sum in, must be certain, 38, 39.

244.

a legal tender in England, 195.

not a legal tender in Scotland or Ire-
land, 29, 243.

nor in England at the bank and its
branches, 29.

interest on, 38, 39.

bank interest on, 38, 39.

how interest in foreign currency

calculated, 38, 39.

where wrong sum filled in, proof by
parole of true sum, 39.

Bill, not invalid if wanting date, 25, 31. | Bill, transference of, for value with-

or, specification of value, 25, 31.
not invalid if wanting places of draw-
ing and payinent, 25, 31.

need not be holograph or tested, 26.
may be in pencil, 26.

addressee of, can alone accept, 27.
effect of separate memorandum quali-
fying order in, 27.

signature of drawer, how made, 27.
must be stamped, 7, 8.
omissions in, how supplied, 29.
value presumed, 7.

time of payment, 25, 28, 40, 44.

antedating, 43.
postdating, 43.

dating on Sunday, 43.

not payable on Sunday, 44.
negotiability of, 6.

when not negotiable, 36, 37.
when negotiable, 36, 37.
assignment by presentment of, 7.
addressed to several drawees but not
to drawees in the alternative, 33,

34.
interpretation of, where different

parties are the same person, 32.
where drawee a fictitious person or
not having capacity to contract, 32.

Bill granted-

by pupils or minors, 63.

by married women, 64.

by intoxicated person, 65.

by insane person, 65.

by foreigner, 65.
by partnership, 66.

by unincorporated joint stock com-
pany, 66.

by incorporated company, 67.
Bill, acceptance of (see Acceptance), 49.
presentiment for payment, rules as to,

106-111.

dishonour by non-acceptance, 105.
dishonour by non-payment, 113.
payable to bearer, negotiation of, 85.
payable to order, negotiation of, 85, 86.

out indorsement, 85.

Bill payable after sight, time of pre-
senting, 100.

Bill, negotiation of, 100.

payable after sight, presentment

for acceptance necessary, 98, 99.
date of acceptance, 51.

payable after sight, due date of, 45.
Bill payable on demand defined, 40.
postdated, effect of, 40.
no days of grace on, 40.
presentment of, 40.
when overdue, 93.

payable at determinable future time,

41.

where right of recourse lost, 8.
allonge, 87, 88.

for less than 20s. prohibited in Scot-
land, 243.

copy of, 87, 88.

discharge of (see Discharge of Bill).
when re-issuable, 138.

when treated as a note, 32.

effect of bill drawn by person not
capable of incurring liability, 67.
summary diligence on (see Summary
Diligence), 7.

provisions as to, apply, with excep-
tions to notes, 202.

sexennial prescription of, 221-225.
limitation of action on, 225, 226.
Bill in a set defined, 162.

indorsee entitled to all the parts, 163,
164.

effect of indorsing parts to different
holders, 162, 163.

acceptance of rights of holders of
different parts, inter se, 163.
discharge of, 163, 164.

Cancellation, effect of, 147, 148.
Capacity of drawer, acceptor cannot
deny, 67.

Capacity to incur liability on a bill
defined, 63.

Capacity of pupils, 63.

minors, 63, 64.

married women, 63, 64.
foreigners, 64.

insane persons, 65.

joint-stock companies, 66.

Caution, when requisite to obtain a sist

of diligence, 217-221.

Contracts, proof of other conditions,
how proved, 131, 132.

Contract of acceptor for honour, 154,

155.

Contract of exchange, 3.

obligations arising out of, 3, 4.
distinguished from the bill and the
contracts on the bill, 4.

Certificate cannot be made up afterwards Copy of a bill, 87, 88.

from note, 206, 207.

when notary not accessible, 207.

not a warrant for summary diligence,

207.

Cheques, what are, 6.

Conditional acceptance, 52, 53.

Countermand of payment of cheque,

174.

Coupons attached to colonial stock
certificate or cheque, 266.

for less than 20s. prohibited in Scot- Crossed cheques, history of, 175-183.

land, 243.

when duty of banker to pay deter-
mined, 174.

effect of countermand in Scotland

and in England, 174, 175.
includes dividend warrants defined,
176.

rules as to presentment of, 172.
Christmas Day, 44.

Circular notes, what are, 10, 11.
Codification of law relating to bills, 1.

Companies Acts, not affected by this

Act, 208.

negotiability of, 176-178, 182, 183.
banker paying, 181, 185, 186.
on forged indorsement, liable, 181,
182, 185, 186.

Crossing, general and special defined,183.
effect of, 185-188.

effect of adding, "not negotiable,"
183.

different kinds of, 184.

a material part of the cheque, 185.
obliterated, 186.

protection to bankers, 188, 189.
Crossing-who may cross, 184.

Composition on, in lieu of duty on bank Customary time for acceptance, 104.

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