ACCEPTANCE-

.

and notice when necessary to preserve
recourse, ib.

Drawee's obligation to accept, 228. How
far drawee bound to accept a bill to
the amount of his debt to drawer, ib. ;
cases where he is bound to do so with-
out having made any agreement, ib.
Effect of acceptance, 229. Raises pre-
sumption of value in acceptor's hands,
ib. Renders him primary debtor, ib.
Presumption in case of accommodation-
bills, ib. Effect of acceptance as an
admission of drawer's signature, 230;
and power to indorse, ib. Not an ad-
mission of indorser's signature, 231.
Presumption of knowledge of condi-
tions to indorsements, ib.
Acceptance, how discharged, 232; by
payment-see Payment. By release,
233; who may release, ib.; express
release, requisites of, ib. No extinc-
tion as to drawer by bill transactions
between acceptor and holder, ib. Im-
plied release, ib.; circumstances infer-
ring it, 234; delay to enforce payment,
ib. English cases of implied discharge,
ib. 235; general discharge, 235; dis-
charge of accommodation-bills, ib. See
Accommodation-bills.

Acceptance supra protest, 319; when
and by whom it may be made, ib. 320;
holder may refuse, 320; can holder
take it without consent of drawer or
indorser, ib.; effect of it as to third
parties, ib.

For whom drawee may
accept supra protest, 321. Case of
several acceptances, supra protest, ib.
Inquiries before accepting supra pro-
test, 322. What if a person accept for
the honour of an insolvent, ib. Mode
of accepting supra protest, ib. Lia-
bility of acceptor, supra protest, ib.
Where presentment before paying on
such acceptance should be made, 324;
and when, ib. Acceptor's right of re-
course, 325; for his expenses, ib.
Acceptance in course of trade not chal-
lengeable under 1696, c. 5, 695.
ACCEPTOR of a bill, 1. His liability—
see Acceptance, effect of. How dis-

charged see Acceptance, discharge
of.
Cannot give notice of dishonour, 358;
and is not entitled to it, 359.
Claim against acceptor in action, 430.
Whether liable for re-exchange, 439.
ACCOMMODATION - BILLS and Notes,

effect of, in hands of onerous indorsee,
21, 104. Primary liability of acceptor
of, 229. Presumed for his accommoda-

ACCOMMODATION-BILLS-

tion, ib. How presumption of value
disproved, ib.

Acceptor of accommodation - bill, how
discharged, 235; whether by giving
time to the drawer, being the person
accommodated, ib. Cases in which
acceptor held not discharged, 236.
Scotch cases, 237.

Mode of securing acceptor's indemnity,
237. Drawer's obligation to indem-
nify on proof of the accommodation,
ib. Accceptor's right of retention
of drawer's money, 238. Application
of this doctrine to prescribed bills, ib.
Whether an accommodation acceptor
who has paid, can claim relief from
accommodation indorsers, 238. His
claim of relief against co-acceptors,
239.
Notice of dishonour of, when necessary
to preserve recourse, 373; to drawer
where bill for drawee's accommoda-
tion, ib.; principle of this, ib.; where
drawer has signed for accommodation
of acceptor, 374; where payee and
indorser has accommodated the maker
of a note, ib. Notice to accommoda-
tion indorsers, 375; necessary though
no effects in drawee's hands, ib.; and
though indorser should be aware of
that, 376. Notice to indorser of ficti-
tious bill, 377. Notice to accommo-
dation acceptors if required, ib.
Effect of discharge or indulgence to one
party in releasing the other parties to
accommodation - bills or notes, 397.
Release or indulgence to the party
giving the accommodation, ib.; to the
party obtaining the accommodation,
398.

Effect of writ or oath of obligant in,
after prescription, 474.

Transference of, when challengeable
under 1696, 521.

Effect of mutual accommodations in
bankruptcy, 580. Cross-bills, ib. et

seq.
ACCOUNT, value in, 54.

Doqueted, proof of debt by, after pre-
scription of bill, 482.

Prescribed, cannot be set off against a
bill, 579.
ACKNOWLEDGMENT of debt not sub-
ject to stamp as a note, 28; when
held a waiver of negotiation of bill,
379; effect of, to interrupt sexennial
prescription, 482; not sufficient if
within the six years, 483.
ACTION and DILIGENCE on bills and
notes, 400; origin of summary dili-

ACTION and DILIGENCE-
gence, ib.; on foreign bills, by Act
1681, c. 20, ib.; extended to inland
bills by Act 1696, c. 36, 401; further
extended, and made to include pro-
missory-notes, by 12 Geo. II. c. 72,
402. Effect of these statutes as to
summary diligence against parties to
bills and notes, ib.
Summary diligence, at what time com-
petent, 403. Registration of protest
within six months, ib. Date from
which six months computed, ib. Right
of holder to summary diligence when
bill not accepted has been protested
only for non-payment, ib.

Remedy

competent after six months where no
registration of protest, 404. Turning
charge into a libel when incompetent,

Summary diligence incompetent
after resort to ordinary action, 405.
Summary diligence competent only for
sums in the bill, 405.

On what subscription diligence is com-
petent, 405; on subscription by notary,
31, 406; by initials, 32, 405; by
mark, 34, 405; by agent, 406; by a
firm, 407; what if partnership de-
nied, ib. 160; on bill without a date,
37; where bill ex facie vitiated or
forgery proved instanter, 407; not
competent on promise to accept, 409;
whether competent on bankers' drafts,
ib.; lost bill or note, 410; foreign
bill drawn in parts, one of which sub-
scribed by certain obligants, and one
by others, ib.

To whom action or diligence competent,
410; to person who holds bill, 411;
and is ex facie in titulo, ib.
Holder

may score indorsations, 412; but not
receipts, ib. Holder cannot be con-
trolled in suing, ib. In what cases it
may proceed in name of or against a
company for a bill or note due to or
subscribed by them, 413; where com-
pany sues under a descriptive name,
ib.; where individuals also sue as
partners, ib. 414; bills or notes grant-
ed by or to individuals described as
office-bearers, ib.; whether diligence
or action competent by individual
partners on bill payable to the firm,
415. Joint-stock banking companies,
how they may sue or be sued under 7
Geo. IV. c. 67, ib. Diligence by joint-
stock companies incorporated under 25
& 26 Vict. c. 89, 416. Diligence or
action on bill to firm consisting of two

ACTION and DILIGENCE-

names, ib. Relief of party paying on
receipt against previous parties, 417.
Effect of receipt on protest, ib. Dili-
gence by a person paying supra pro-
test, 418. When competent to an
assignee, ib.; to a cautioner, 419;
whether to a drawer, who pays on
drawee's failure, ib. Can a drawer or
co-acceptor take it by assignation to
secure his relief, ib. Effect of indorse-
ment after action raised, 420; or after
summary diligence, ib.

Procedure by ordinary action, 421. How
claim on bills libelled, 422.
Procedure by summary diligence, 423.
Protest, time and form of, ib. ; extend-
ing of, ib.; whether protest for one
person can be extended for another,
424; registration of, ib.; time for,
ib. Who may register, 425.
Must a
foreigner sist a mandatory, ib. Regis-
tration by agent, ib. Effect of decree
of registration, 426. Extract contains
warrant to charge, ib. Effect of era-
sure in extract, 427. Forms of extract,
648. Nature and form of charge, 426.
Poinding, imprisonment, etc., 428.
Additional remedies, ib. Diligence on
bank-notes, 429. Suspension of, how
competent, ib.

Claims against the several parties by ac-
tion or diligence, 430; recourse by
parties who have paid against other
parties, ib.; against indorser without
claiming against drawer or prior in-
dorsers, ib.; effect of acceptor or
granter becoming the holder's execu-
tor, 431. Diligence or action compe-
tent to holder against all the parties
at once, ib.; effect of payment by one,
ib. Right of party paying to assigna-
tion of debt and diligence, ib. Whe-
ther holder after payment may allow
diligence to go on in his name, 432;
effect of offer of payment by a third
party, ib.; assignation to party paying
when demandable, ib. ; effect of par-
tial payment by one as to amount de-
mandable against the others, 433;
where not marked on the bill, ib.;
when marked, ib. ; claim of relief by
party who has paid against other par-
ties is distinct from any claim on the
bill, ib.; partial payment by drawer
or acceptor, 434.
Sums recoverable on bills and notes, 434.
Principal sum, ib.; where bill or note
payable by instalments, ib.; interest,

ACTION and DILIGENCE-

see

435; how claim for interest regulated,
ib. et seq.-see Interest; exchange
and re-exchange, 439-see Exchange;
damages and expenses, 450
Damage.
Proof against the several parties to bills
or notes, and mode of proof in dili-
gence or action, 451-see Proof. De-
fences against claims on bills and
notes, 610. See Interest, Exchange,
Damages, Expenses, Defences, Pre-
scription.

ADDRESS of bills, 46; where written, ib.;

want of, supplied by acceptance, ib. ;
by letter of advice, 47. Bill addressed
to A. or B., and accepted only by A.,
46; acceptance by party to whom
bill not addressed, ib. 211; accept-
ance as cautioner without an address,
46, 113; bill to two or either of them,
211. How bill presented where no
address, 277.

ADJUDICATION on bills and notes, 428.
ADMISSION, judicial, of debtor, whether
supersedes other proof on prescribed
bill, 471.

ADOPTION of signature. See Forgery.
ADVICE, drawing of bills as per letter of,
47. When drawee in safety to accept,

ib.

AGENTS as parties to bills, 147; who may

be, ib. How agency constituted: spe-
cial mandate, ib.; verbally, 148; by
facts and circumstances, ib.; by power
of factory, 149; subsequent assent to
agents acting, ib. How agency ter-
minated, 150; effect of termination
on rights of third parties, ib.; when
notice required, ib.; how procuration
exercised, 152. Agent must act in
principal's name, ib.; and keep within
his authority, ib.; otherwise he is per-
sonally liable, 153; whether Govern-
ment agents so liable, 154. Effect of
bona fides in protecting the agent's acts,
155.

Power of company to employ agent,

AGENTS-

sponsible, 256; where he deposits
money in his own name, ib.
Failure of agent after offering payment
of bill, on whom is the loss, 251.
Whether summary diligence competent
on subscription by, 406.

When agent is entitled to raise diligence,
425.

Admission by agent in proof on prescribed

bill, 478. Books kept by, 483.

See Bankruptcy, for questions between
principal and agent in.

ALIEN ENEMIES, bills drawn by, during

war, effect of, 73; or accepted here
and indorsed by alien there, 74; bills
by British subject in enemy's country,
ib. Rights of neutrals, ib. Confirma-
tion of bill to alien enemy after peace,

75.

ALIENATIONS in fraud of creditors,
challengeable under 1621, c. 18, 505;
under 1696, c. 5, 517.
ALTERATIONS, effect of, 109; when not
visible ex facie, ib.; when visible ad
facie, ib. Effect of, at common law,
110; under Stamp Acts, ib.
What alterations material, 111; on date,
ib.; sum, ib.; term of payment, ib.;
interest, ib. Names of drawers, 112;
indorsees, ib.; acceptors, ib.; on the
expressed consideration, ib.; on place
of payment, ib.; by addition of cau-
tioner, 113; immaterial alterations,
ib.; correction of errors, 114.
When bill held as issued in question of

alterations, 114; proof in cases of
alteration, 115.

Summary diligence on altered bill incom-
petent, 407. No caution required in
suspending charge of, 407. Defence of
alteration pleadable in suspension, 454.
APPRENTICE fee, not in indenture, bill
for, 79.

APPROPRIATION, specific, of bills and

notes, when a restriction upon indor-

sation, 175. Where this appears ex
facie, ib.; when known to the holder,

189.

Effect of remittance for specific appro-
priation in case of agent's bankruptcy,
541. See Bankruptcy, Indorsee.
ARBITERS, bills deposited with, 22.
ARRESTMENT of bills and notes, how far

competent, 194. Rules on this subject,
ib.; arrestment in acceptor's hands
combined with exhibition and seques-
tration, 195.

Pari passu preference of arrestments
within sixty days before, or four
months after bankruptcy, 499.

him, 555; where indorsation blank or
absolute, ib.; where payable to banker
for indorser's use, 556; or where in-
dorsed to be credited to the indorser's
account, ib.

265.

Assignment of funds of drawer in drawee's

hands by indorsation, 194.
Diligence, when competent to an assignee,
418; where protest in name of cedent,
ib.; where protest included, ib. As-
signation by marriage, ib. 141; right
of executor as an assignee, 418, 146.
When assignation demandable by a party
paying, 431.

When assignations held completed in re-
duction on 1696, c. 5, 535. See De-
livery.

BANKERS' power of re-issuing notes after
payment, 26. Licence payable by, to
re-issue, ib. See Bank-notes.
Checks on bankers. See Checks.
Not liable for paying draft on demand
with forged indorsement, 118, 625.
Deposits with. See Deposit Receipts.
Cannot retain bills delivered for negotia-

tion, for drawer or indorser's debt, 189.
Payment by checks on, 256.
Time for presentment of bills and notes
to, 302.

Banker first refusing and afterwards
offering to pay when bill sent off, 304.
Marking by banker on bill that pay-
ment to be made, ib. Notice by bankers
of non-acceptance or non-payment,
where agents both for drawer and
acceptor, 336.

Time allowed to bankers for notifying

dishonour, 351. In regard to notice,
each branch bank considered a separate

establishment, ib.

Bills or notes remitted to, effect of bank-
ruptcy on, 548; bills deposited or dis-
counted, ib.; remittance for special
purpose, 549; without special instruc-
tions, 550; entered short in banker's
books, 552. Where remitter has a
current account, 553; long-dated ex-
changed for short-dated bills, 554.
Power over bills or notes entrusted to

Lien of bankers, ib.; what advances it
covers, ib.; when it does not apply,
558; bills specially appropriated, ib.;
discounted or given as securities, ib. ;
left for discount, but not discounted,
558, 189. See Bankruptcy.
BANK-CHECKS.

ers.

See Checks on Bank-

BANK-NOTES, stamp on, 26, 607; docu-
ments styled such, 120; privileges, ib.
Currency Acts now in force, 121, 618,
619. Statutory definition of bank-
notes, 122, 628. Not a legal tender,
122; or cash, unless received as such of
consent, ib. Whether poindable, 123,
514; by Crown, 123, 631. Recourse
on bank-notes, 123.
Summary diligence on, 124, 429.
Prescription, 124, 459.

Lost or stolen bank-notes. See Lost or
Stolen.

Payment by, not challengeable under

1621, c. 18, 514; or under 1696, c. 5, 525.
BANKRUPT, bills by, for concurrence to
composition, 77.

Oath of, to prove debt after prescription,
479. See Bankruptcy.
BANKRUPTCY, effect of, in dissolving
mandate, 150. Dissolution of partner-
ship by, 165.

Whether drawee should accept bill after
drawer's, 215.

Of drawee no excuse for want of pre-
sentment, 305; or for want of notice,
360. Notice of dishonour, how to be
given on bankruptcy of drawer or in-
dorser, ib.

Ranking in bankruptcy and discharg-
ing debtor, effect of, as to release of
posterior obligants, 387; concurrence
in statutory discharge or composition,

389.

Effect of bankruptcy on bills and notes,
496; distinction between bankruptcy
and insolvency, ib. Whether bills or
drafts given by a purchaser to a seller
can be recalled or countermanded,
where seller fails before delivery of
goods, ib.; or where banker gives short-
dated for long-dated bills, and accep-
tors in latter fail, 498. How bankrupt
may be divested, 499. Poinding and
arrestment, ib. Sequestration, 500.
Bankrupt's power over his property,
especially bills and notes, 501. Pay-

BANKRUPTCY-

ments by and to an insolvent valid, if
not fraudulent, ib. Payments by or to
an unsequestrated bankrupt, 502. Law
as to payments after sequestration, ib.
How far an insolvent or bankrupt can
transfer bills and notes, ib. Effect of
mere insolvency, 503. Circumstances
inferring fraud, ib. On whom is proof
of insolvency and want of considera-
tion, 504. How proved, ib. When is
the right good to a second indorsee, ib.
Bills given as an inducement to agree
to a composition, ib.

Act 1621, c. 18, against deeds by in-
solvents, 505; its enactments, ib. Who
may challenge under it, 506. Gratui-
tous obligees, ib. Prior creditors, ib.
Deed challenged must have been
granted to conjunct or confident per-
sons, 507; who are held such, ib.
Proof of consideration on grantee
where he is conjunct or confident, 508.
What consideration may consist of, ib.
Effect of narrative of deed as granted
for value, 509. Granter must be in-
solvent, ib. When insolvency pre-
sumed at date of deed, ib. Summons
must state insolvency, ib. Effect of
delay in challenge as to the onus pro-
bandi, 510. Payments do not fall
under the Act, ib. Form of challenge,
ib.; competent by exception or reply,
ib. In what court competent, 511;
application of it to bills and notes, ib.;
who take the benefit of a reduction,
ib.; to what extent third parties are
protected, 512; bona fide acquirers, ib.
Knowledge of the objection, ib.
Second branch of the Act 1621, against

deeds in prejudice of diligence begun,
513; provisions of the Act, ib.; its
application to bills and notes, ib.; to
what kind of diligence it relates, 514;
does not affect money payments, ib.
What deeds it affects, ib.; does not
affect securities for new debts or sales
for ready money, 515. What diligence
entitles to challenge, ib.; must have
been begun, ib.; and free from objec-
tion, 516; and followed out tempestive,
ib. Debtor's insolvency must be
notorious, or known to the receiver of
the deed, 517. Who take benefit by
the challenge, ib. What effect has it
against third parties, ib.

Act 1696, c. 5, against alienations within
sixty days before or after bankruptcy,
517. Nature of the deeds challenge-
able, 518. Indorsation of bills and
notes, ib; draft by bankrupt on his

BANKRUPTCY—

debtor, ib.; acceptance for an illiquid
debt, ib.; drawing and indorsing, ib.;
effect of the presumption of value in
bills or notes in reference to challenge,
519; delivery of bills and notes with
blank indorsement, 520. Transference
of accommodation-bills, 521; when
granted for cross-bills, ib. ; where
acceptor has obtained a security over
bankrupt's estate, ib. Challenge of
liquidation of debts by granting bills
or notes, 522; where it confers a
security, 523. Bonds of corroboration,
ib. Act applies to securities though
granted in terms of prior obligation,
524.

Exceptions from the Act 1696, c. 5,
524. Payments in cash, ib.; by navy
bills or bank-notes, 525; acceptance,
indorsations, drafts, or delivery with
blank indorsement in course of trade,
ib. Law as now settled, ib. Payments
or remittances to a current account,
ib.; indorsation for discount and pay-
ment of single debt, ib.; payment of
bill past due by draft on London, 526;
by check on banker or bill at discount-
able date, ib. Exceptions from this
doctrine, ib.; where parties intend to
grant a security, ib. Cases held as
evasions of the Act, 527; indorsement
of a second bill for payment of a former
after its protest, 528. Validity of
bills and notes granted in payment of
purchases, ib.; where they are intended
to create securities, 529. Cases on
that subject, ib. Exemption from
challenge of bills for nova debita, 531.
Cautioner joining for old debt, and
getting a security for his relief, 532.
Where such transaction an evasion of
the Act, ib.; how such transaction
challenged, 533. Drafts and indorsa-
tions to cautioners in relief, 534.
Date of the deeds challengeable under
the Act 1696, c. 5, 535. Computation
of the sixty days, ib. Time when deed
"made and granted," ib.; when deed
held to be completed, ib. Application
to bills and notes, 536.

Process for challenging under Act 1696,
537. Title to pursue, ib. Prior cre-
ditors, ib. Forin of the action, 538.
Effect of the reduction, ib. To what
effect deed valid, though reduced as to
the challenging creditor, ib.
Who get
benefit by the challenge, 539. Resti-
tution of value given for the deed
challenged, 540; how far it extends,
ib.; where creditor has given up a