IV. Relief to.

V. Costs in actions against.

I. Exception to-Action on Bail Bond.

1. Judgment on bail bond set aside, because plaintiff had not in time excepted
against the special bail before the suit was brought.

Ferris v. Phelps, 446. S. C. vol. 1, p. 249.

II. Exoneretur.

1. Where principal discharged as a Bankrupt.

2. The principal being discharged as a bankrupt, the court will order an ex-
oneretur on the bail piece without a surrender.

Ingraham ads. Kanes, 521. S. C. vol. 2, p. 403.

2. Where discharge obtained within the 8 days of grace.

3. If the discharge be obtained within the 8 days of grace, the court will order
an exoneretur, on payment of costs.

Kanes v. Ingraham, 521. S. C. vol. 2, p. 403.

3. Order to show cause why it should not be entered.

4. A judge at his chambers may make an order sedente curia to show cause
why an exoneretur should not be entered.

Strang v. Barber, 461. S. C. vol. 1, p. 329.

4. Upon surrender.

5. The surrender before him previous to such order, if within the 8 days of
grace, is in time. Strang v. Barber, 461. S. C. vol. 1, p. 329.

III. Proceedings against Bail.

1. Laches of Bail.

6. After judgment on sci. fa. against bail and execution issued, and two
terms intervene they come too late to object that the Sci. fa. did not lay 4
days in the sheriff's office.

Jones v. Dunning, 485. S. C. vol. 2, p. 74.

2. Bail are not especially favored.

7. Motion to set aside a default on an affidavit of merits, and on the ground
of neglect of pleading occasioned by urgent business, denied. Although
it be a case of bail when they mean to defend by plea to the merits and
not to surrender, they are not favored.

Gorham v. Lansing, 469. S. C. vol. 2, p. 107.

3. Pleadings.

8. A person sued as special bail allowed by plea to traverse the fact that he
is not the same person, although of the same name and description.

The plea averred that there was another of the same name, &c. who became
the bail, and that the defendant was not the same, &c., the fact that there
was not another of the same name; held, not material after issue and
verdict. Reonard v. Noble, 511. S. C. vol. 2, p. 293.

IV. Relief to.

9. A defendant on a bail bond suit, may at all times discharge himself by
paying the debt and costs in the original suit, and the costs of the bail
bond suit. Tredwell v. McKeel, 517.

10. On bail bonds, the equitable power of the court arises only after the con-
dition is forfeited, and will not before be exercised.

Bird v. Mabbit, 423. S. C. vol. 1, p. 31.

11. A discharge of bail on payment of costs is a condition which they must
offer to perform, without waiting for a demand or tender of a bill.
Cathcart v. Cannon, 443. S. C. vol. 1, p. 220.

V. Costs in actions against.

12. A suit on bail bond allowed to proceed to compel the payment of costs
agreed to be paid upon a settlement between the parties, and the defend-
ant, having since pleaded to the action on the bail bond, and suffered a
considerable time to elapse, will not interfere, if he was originally entitled
thereto.

Campbell v. Grover, 468. S. C. vol. 2, p. 105.

See HOMINE REPLEGIANDO.

BAILMENT.

PRACTICE.

Degree of Diligence required of Bailee.

1. An agent receiving a bill of exchange as bailee from another, to be cred-
ited to his principal in other transactions, or to return the bill, is liable for
the amount of the bill if such credit be obtained, and the means of paying
it pass through his hands.

2. A general bailee is bound to use a degree of diligence and attention ade-
quate to the trust reposed in him, and according to its nature.

Rutgers v. Sweet, 478. See Rutgers v. Lucet, vol. 2, p. 92.

BANK OF THE UNITED STATES.

Whether the act incorporating the president, be public or private, it is not
necessary to be set forth. So held on demurrer.

Bank of the United States v. Haskins, 435. See S. C. vol. 1, p. 132.

BANKRUPT.

Effect of Discharge on liability of Bail.

A release of the prisoner by the sheriff, in consequence of a discharge by the
bankrupt law of the United States, will not renew the responsibility of the
bail; it operates only on the rights of the plaintiff.

Milns v. Green, 503. S. C. nom. Milner et al. v. Green, vol. 2, p. 283.

BIDDING AT AUCTION..

See AUCTION. SALE AT AUCTION.

BILL IN CHANCERY.

See CHANCERY.

BILL OF EXCHANGE-PROMISSORY NOTES-
CHECKS.

I. Nature of Checks.

II. Duties of holder.

III. Construction of "months after date."

IV. The Consideration.

V. Of the Drawer of a Bill-Liability of one who
draws in the name of another.

VI. Presentment and Demand.

1. When to be made.

2. Where to be made.

VII. Notice of non-acceptance or non-payment.

1. When given by agent.

2. What will excuse.

3. Effect of failure to give.

4. Waiver of.

5. Form of notice.

6. When transmitted.

VIII. Rights of Endorser under Insolvent Acts of 1788,

1819, and Revised Statutes.

IX. Damages on protest of.

X. When payment of a precedent Debt.

XI. Usury in.

XII. Construction of Act of July 6, 1797, laying Duty

on Stamped Paper.

XIII. Action on.

1. Right of.

2. Parties.

3. Set-off.

4. Evidence.

a. Inquiry into Consideration.

b. Proof of Consideration.

5. Witness in.

I. Nature of Checks.

1. Bank checks are considered as inland bills of exchange, and may be de
clared on as such, or they may be given in evidence under the money
counts. Cruger v. Armstrong & Barnwall, 5, 528.

Cases and authorities, p. 10, n. (a.)

2. Distinction between bills of exchange and bank checks, p. 10, n. (a.)

II. Duties of holder.

3. The holder of a check is bound to use due diligence in obtaining the money
of the bank, and must present it and demand payment, within a reasona
ble time. Cruger v. Armstrong & Barnwall, 5, 528.

Cases and authorities, 10, n. (a.)

III. Construction of "months after date."

4. Time in cases of promissory notes and bills of exchange is to be calcu
lated by calendar and not iunar months.

Leffingwell v. White, 427. See S. C. vol. 1, p. 99.

IV. The Consideration.

See Infra, XI, XIII, a., b.

V. Of the Drawer of a Bill-Liability of one who draws
in the name of another.

5. A person who signs a note in the name of another, as his attorney, with-
out any authority for that purpose, is personally liable on the note, to the.
party who accepts the note, under such mistake or imposition.

Dusenbury v. Ellis, 70, 532. See Cottrell v. Thorne & O'Hara, 544.
Cases and authorities upon this question, 71, n. (a.)

VI. Presentment and Demand.

1. When to be made.

6. A bank check must be presented for payment within a reasonable time.

Where a check was drawn in March, 1800, and was not presented until Oc-
tober following; and the drawer, after the date of the check, had drawn
large sums from the bank, and payment was refused because the drawer
had no money when the check was presented, it was held, that the drawer
was liable, notwithstanding the delay in presenting, as it did not appear
that he had sustained any damages by the delay.

Conroy v. Warren, 258-2, 560.
Cases and authorities and what excuses presentment, 265, n. (a.)

2. Where to be made.

7. Where a note was made payable at the bank of Albany, and a demand
of payment was made of the maker personally, in Albany, but not at the
bank, and no objection made at the time, the demand was held sufficient.
Herring v. Sanger, 71.

Cases and authorities on this question, 73, n. (b) and (c.)

VII. Notice of non-acceptance or non-payment.
1. When given by agent.

8. It is generally sufficient for the agent of the holder of a foreign bill of ex-
change, to transmit notice of non-payment to his principals, and they to
the drawer, and if it be thus conveyed in reasonable time, it is regular.
Tunno & Cox v. Lague, 476. See vol. 2, p. 1.

2. What will excuse.

9. The prevalence of the fever in New York in 1798, admitted as an excuse
for not giving immediate notice of non-payment.

See vol. 2, p. 75.

Tunno & Cox v. Lague, 476. See vol. 2, p. 1.

3. Effect of failure to give.

4. Waiver of.

10. A pending negotiation for settlement between the holder and endorser,
supersedes the necessity of a demand from the maker, and of notice.
Leffingwell v. White, 427. See vol. 1, p. 99 and 100, n. (c.)

5. Form of Notice.

11. Notice of non-payment to the endorser of a note generally where part
was paid, held good. James v. Badgers, 435.

See vol. 1, p. 131, 132, n. (a.)

6. When transmitted.

12. Endorsee against endorser, held, that notice to the endorser on the third
day of grace, after a demand and default of the maker, is good.

Corp v. Macomb, 460, 608. See vol. 1, p. 328.