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REVISED STATUTES OF NOVA SCOTIA.
THIRD SERIES.-CHAPTER 82.
2. A promissory note shall be assignable or endorsable in the same manner as an inland bill of exchange, and the payee or indorsee thereof, or the holder, where the note is payable to bearer, may bring an action thereon in his own name.
(Repealed September 1st, 1890, by the Bills of Exchange Act, s. 95).
3. A note in writing for a sum certain payable otherwise than in money shall be held prima facie to be given for a valuable consideration, but shall not be negotiable. The amount of such note shall be sued for and recovered as if the amount thereof were payable unconditionally in money.
4. In an action brought upon such note, only the amount payable thereunder shall be recoverable, without damages, for the non-delivery of the articles ennumerated therein.
(In the Revised Statutes of Nova Scotia, Fourth Series, 1873, the whole of chapter 82 is placed in Appendix B, as unrepealed legislation, wholly or partially within the jurisdiction of the Parliament of Canada, or of doubtful jurisdiction. In the Fifth Series, 1884, it is omitted as being exclusively within the jurisdiction of the Parliament of Canada.
In the Revised Statutes of Canada, 1887, Appendix 1, page 2342, section 2 is placed in Schedules B, as one of the Acts not consolidated. Sections 3 and 4 are omitted as being within provincial jurisdiction, and are not referred to in the present Act. On the other hand, section 1 of 30 Vict. c. 34 of the Statutes of New Brunswick, and copied
R. S., N. S. 2.
R.S.,N.S.4. on the next page, which is to the same effect as section 3 above quoted, is placed in Schedule B of the Revised Statutes of Canada (see p. 2366), and is repealed by the second Schedule to the present Act.
These notes which are not payable in money, are not really promissory notes within the meaning of the B. N. A. Act, section 91, and the Nova Scotia Legislature would appear to be in error in treating these two sections as being under Dominion jurisdiction, and the Dominion. Parliament in error in purporting to deal with the New Brunswick Statute. It seems strange that the Dominion Parliament should have treated the two statutes in a different way).
REVISED STATUTES OF NEW
2. A note in writing for money, payable to order or bearer, shall be assignable and endorsable in the same manner as an inland bill of exchange is by the custom. of merchants; and the payee, endorsee, or holder thereof may maintain an action thereon in his own name.
New Brunswick Statutes, 1867, 30 Vict. c. 34 :—
1. That all notes, drafts or orders in writing for certain payable otherwise than in money, shall be deemed and held prima facie to import that they are given for a valuable consideration in like manner as promissory notes for the payment of money.
(These two sections were repealed September 1st, 1890, by the Bills of Exchange Act, s. 95. As to the effect of the repeal of the latter, see the note on the preceding page.
ABBREVIATIONS, list of, xli.
where bill or acceptance is undated, 85, 87
by officer of corporation, 100-2
conditions of, valid-in writing, for money, 102
when date of, may be inserted, 85
by parol, 102-4
promise to accept, 104
where wrong name for drawee is in bill, 105
by drawee after dishonor, 106
may be general or qualified, 107
what is general, 108
qualified, may be conditional, partial, etc.. 109
at particular place, not qualified as in England, 109
partial, 109, 113
qualified as to time, 109, 114
by part of drawees only, 109, 114
list of qualified, not exhaustive, 114
incomplete until delivery or notice, 119
bill payable at or after sight, presentment for, necessary, 240
presentment for, excused if time is too short, 242
holder must present for, if bill at or after sight, 243
presentment for, where drawees not partners, 247
drawee dead, 248
through post-office, 248
excuses for non-presentment for, 249
presentment for, excused where drawee dead or fictitious, 249
irregularity waived, 249
when bill is dishonored by non-acceptance, 251
if qualified, taken without assent, parties released, 253
notice of dishonor by non-acceptance must be given, 270
place of payment, named in, 307
alteration in, material, 361
ACCEPTANCE FOR HONOR, 366
holder need not allow, 366
may be for part only, 367
must be in writing and signed, 368
for whose honor, 368
how maturity reckoned, 368
effect of omission of, 270
as to holder in due course, 272
by holder or indorser, 273
if bill not presented there, 307
to whom acceptor liable, 369
benefits other parties, 275
if writing is irregular, 278
ACCEPTOR, drawee by accepting becomes, 39, 99
may sign as, on blank paper or incomplete bill, 114
in other representative capacities, 164
protest not necessary, as against, 308
when liable without presentment for payment, 306
estoppel of, as to drawer, 313
where drawer is payee, 314
bill discharged on payment by, 332
becoming holder at or after maturity discharges bill, 352
ACCEPTOR FOR HONOR, who may become, 366
must sign as such, 368
engages to pay bill conditionally, 369
to whom liable, 369
presentment for payment to, 370
time for presentment for payment to, 370
if bill dishonored by, must be protested, 371
ACCESSORY TO BILL discounted, collateral security is, 182, 420
when deemed to be issued, 184
when drawer or indorser of, not entitled to notice of dishonor, 266,
267, 294, 295
discharged when paid by party accommodated, 351-2
ACCOMMODATION PARTY, defined, 183
liable to holder for value, 184-6
rights of, 185
paying bill, discharges it, 351-2