by the subscribing witness, and not otherwise, unless the subscribing witness be absent from the State, or cannot be produced at the trial. The production of the witness on the stand is the best evidence. If the subscribing witness cannot be produced, a foundation must first be laid by showing a fair, bona-fide, and unavailing effort to procure the attendance of the witness. This foundation being laid, proof of the handwriting of the subscribing witness may then be introduced.

If the

handwriting of the witness cannot be proved, a foundation must first be laid by proving a fair, bona-fide, and unavailing effort to prove the handwriting of the witness. This foundation being laid, the handwriting of the maker may then be proved.

The production of the subscribing witness is the best evidence.

The proof of the handwriting of the subscribing witness is secondary evidence.

The proof of the handwriting of the maker is a third class of evidence.

The admission of the maker may be introduced to prove his signature, whenever it is permitted to resort to the proof of his handwriting. In some of the States, the time of limitation is extended by the attestation of the signature to the note by a witness.

12. When the signature is attested, how must it be proved? What is the best evidence? If the subscribing witness cannot be produced, what foun dation must be laid before other evidence can be introduced? This foundation being laid, what proof may then be introduced? If the handwriting of the witness cannot be proved, what foundation must be laid before other evidence can be introduced? This foundation being laid, what proof may then be introduced? What is the best evidence? What is the secondary evidence in this case? What is the third class of evidence in this case? When may the admission of the maker be introduced? What is the effect produced upon limitation by attestation in some of the States?

CHAPTER XCV.

INDORSEMENT OF COMMERCIAL PAPER.

1. THE word indorsement signifies, written upon the back. The indorsement, however, may be made upon any part of the instrument. It may be made even upon a paper attached to the instrument. The indorsement may be-1. In blank, or in full; 2. In general, or restrictive; 3. Qualified, or conditional. The following is the form of an indorsement in blank:

JOHN B. ASTOR.

It is simply the name of the indorser, written upon the back of the instrument. When the indorser makes the instrument payable, by indorsement, to a particular person, such indorsement is an indorsement in full. The following is the form of an indorsement in full:

1. What does the word indorsement signify? Where may the indorsement be made? Can it be made on another paper attached? In what different ways may it be made? What are indorsements in blank? What is an indorsement in full? If the indorsement be in full, what

Pay to John Fos

ter the within.

JOHN B. ASTOR.

When the indorsement is in full, the indorsee must indorse the same on transferring it to a subsequent holder. When the indorsement is in blank, the instrument may be transferred by mere delivery. The previous forms are general indorsements. The following is the form of a restrictive indorsement:

Pay the within to
John Foster only.

JOHN B. ASTOR.

An indorsement is restrictive when it expressly restricts

must the indorsee do on transferring it? When the indorsement is in blank, how may it be transferred? What kind of indorsements are the

the payment of the instrument to a particular person only, or for a particular purpose, or is made in favor of a person who cannot make a transfer to another. The indorser, whether the indorsement be in blank or in full, may qualify his indorsement, so as to avoid the usual obligations of an indorser. The following is a blank qualified indorsement:

Without recourse

to me.

JOHN B. ASTOR.

A conditional indorsement is one which involves some condition, upon the occurrence of which the validity of the indorsement is ultimately to depend. "Pay to John Foster, or his order, when he becomes of age," is a conditional indorsement. "Pay to John Foster, at maturity, unless, before payment, I give you notice to the contrary," is a conditional indorsement.

2. The primary debtor on a promissory note is the maker. The primary debtor on a bill of exchange is the acceptor. If the note or bill be within the statute, the maker and acceptor agree absolutely and unconditionally

forms given? When is an indorsement restrictive? How may the indorser qualify his indorsement? What is the form of a qualified indorsement? What is the form of a restrictive indorsement? What is the form of an indorsement in full? What is the form of an indorsement in blank? What is a conditional indorsement? What language would form a conditional indorsement?

2. Who is the primary debtor in a promissory note? Who is the pri

to pay the note or bill at maturity. They are entitled to the delivery of such note or bill to them as the vouchers of the payment, and as security against any further demand thereon. If the maker or acceptor pay the note or bill before maturity, and the note or bill is not surrendered, they will be liable to pay the same the second time to any subsequent bona-fide holder for value without notice, if the bill or note were negotiable. If the note or bill were payable to bearer or indorsed in blank, the maker or acceptor would be discharged by paying to any person in possession with an apparent lawful ownership accompanied with the surrender of the note or bill. If the note or bill is payable to order and is indorsed, the maker or acceptor is bound to ascertain the genuineness of the indorsement. If the indorsement be in full, the maker or acceptor is bound to ascertain that the person producing it is the identical indorsee. If the maker or acceptor pay it to any other than the true owner, he is not discharged by such payment.

3. It was formerly held that an action at law could not be sustained on a promissory note or bill of exchange after the same was lost, if made payable to bearer, or made payable to order and indorsed. This did not apply to negotiable paper which was actually destroyed, and its destruction accounted for, so that there were no possibility of the maker or acceptor's being called upon to pay the same a second time by a bona-fide holder.

4. By the Revised Statutes of the State of New York,

mary debtor in a bill of exchange? If the note or bill be within the statute, what do the maker and acceptor agree to do? To what are they entitled on such payment? If the maker or acceptor pay the note or bill before maturity, and the note or bill is not surrendered? If the note or bill were payable to bearer or indorsed in blank? If the note or bill is payable to order and indorsed, what is the maker or acceptor bound to ascertain? If the indorsement be in full? If the maker or acceptor pay it to any other than the true owner?

3. What was formerly held in reference to lost notes and bills if made payable to bearer, or made payable to order and indorsed? Did this apply to negotiable paper actually destroyed?

4. When a party to an action has been examined to prove the loss of an instrument in order to admit other proof of its contents, for what pur