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INDEX.

ABBREVIATIONS, list of, xli.
ACCEPTANCE, defined, 22, 99

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
where bill is incomplete or overdue, 106
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
conditional, 112
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
when presentment for, necessary before presentment for payment,

241-2
presentment for, excused if time is too short, 242
holder must present for, if bill at or after sight, 243
effect of not presenting for, in reasonable time, 244
rules as to presentment for, 246
mode of presentment for, 247

ACCEPTANCE-Continued.
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

impossible, 249

irregularity waived, 249
not excused, because dishonor expected, 250
two days allowed drawee to decide on, 250
holding bill beyond two days, not, 251
when bill is dishonored by non-acceptance, 251
presentment for payment then unnecessary, 251
holder may refuse qualified, 253
if qualified, taken without assent, parties released, 253
what is assent to qualified, 254
notice of dishonor by non-acceptance must be given, 270

effect of omission of, 270
as to holder in due course, 272
rules as to, 273
by holder or indorser, 213
by agent, 274
benefits other parties, 275
in written or verbally, 276
by return of bill, 278
if writing is irregular, 278

to party himself or to agent
place of payment, named in, 307

if bill not presented there, 307
alteration in, material, 361

ACCEPTANCE FOR HONOR, 366

holder need not allow, 366
is conditional, 367
may be for part only, 367
must be in writing and signed, 368
form of, 368
for whose honor, 368
how maturity reckoned, 368
what it involves, 369
to whom acceptor liable, 369
estoppels of acceptor, 370

ACCEPTOR, drawee by accepting becomes, 39, 99

of overdue bill, liable on demand, 82
may sign as, on blank paper or incomplete bill, 114
contract of, incomplete until delivery or notice, 119
if bill not in hands of, delivery presumed, 121
only person signing as, liable as, 138
when not personally liable, 159
accepting as officer of a corporation, 159

in other representative capacities, 164
when holder deemed holder for value as against, 179
when bill may be re-issued by, 231
protest not necessary, as against, 308
bill to be delivered to, on payment, 309
when liable without presentment for payment, 306
suspending payment, protest for better security, 301
undertakes to pay bill, 312
estoppel of, as to drawer, 313

where drawer is payee, 314

as to payee, 67, 315
bill discharged on payment by, 332
liable to drawer or indorser, 349
becoming holder at or after maturity discharges bill, 352
holder may renounce as to, in writing, or by surrender of bill, 353

of bill in set not getting part accepted, liable to holder, 378
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
ACCOMMODATION BILL, defined, 183, 184, 185

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

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ACCORD AND SATISFACTION, common law rule altered in Ontario,

354
bill discharged by accord without satisfaction, 354
ACT, short title of, 21

mainly copied from Imperial Act, 3
largely declaratory of old law, 21
came into force, Sept. 1st, 1890, 447
not retrospective, 447
Amending, of 1891, 449

ACTS REPEALED. See Statutes

ACT OF HONOR, formerly necessary, before acceptance, 368

still necessary before payment for honor, 372
what must contain, 373

form of, 473
ACTION, includes counter-claim and set-off, 23

against drawee who pays on forged indorsement, 146
by drawee or indorser who pays on forged indorsement, 146
evidence of fraud in, shifts onus of proof, 198
to compel indorsement, 211
holder may bring, in his own name, 232
limitation of, 341--See Statute of Limitations
on lost bill, 375

ADDENDA ET CORRIGENDA, xxxiv.
ADDRESS, notice at customary, sufficient, 281

party may give, under his signature, 285
notice to indorsers who do not give, 286
on posted notice, 287-290

to drawees when irregular, 58, 59
ADMINISTRATOR, when personally liable, 164

may indorse without personal liability, 211
bill held in capacity of, 352

AFTER DATE, a determinable future time, 82
bill payable, if issued undated, 85

has days of grace, 90
how maturity reckoned, 93
presentment for acceptance unnecessary, 212

AFTER SIGHT. See Sight

AGENT, see also Principal and Agent

signature by procuration, notice of limited authority, 153
person not capable of contracting may be, 154
illustrations of powers of, 155-9
when not personally liable, 159
illustrations of liability of, 161-4
may give notice of dishonor, 274
notice of dishonor may be given to, 279.80
notice when dishonored bills is in hands of, 283
of bank, when must not act as notary, 305
of holder may cancel bill, 359

discharge any party, 359
of payer for honor, may make declaration for act, 373

cheque crossed to another bank as, 409.411
ALLONGE, defined, 213

indorsement may be on, where recognized, 213
ALTERATION, of bill, 361
material, renders bill void, 361, 362

if not apparent, proviso, 361, 362
what are, 363, 409

illustrations of, 363-4
illustrations of, not material, 365

fraudulent, is forgery, 365
ALTERNATIVE, instrument to drawees in, not a bill, 59

referee in case of need not so considered, 59
bill may be payable to payees in, 61
amount in money or alternative, not a bill, 42, 43, 44, 416

if alternative places of payment, sufficient to present at either, 259
AMBIGUOUS INSTRUMENTS, holder may treat as either bill or

note, 34, 415
AMENDING ACT of 1891, 449—See Bills of Exchange Act
AMOUNT, see also Sum Payable
corporations not to issue certain bills or notes under $20, 45

debentures to be for $100 or upwards, 456
ANTECEDENT DEBT, sufficient consideration for bill, 166, 168, 170

taking bill for, generally only conditional payment, 333.7
ANTECEDENT PARTIES, rights against, by drawer or indorser pay-

ing, 349.
ANTE-DATED instruments valid, 88, 396

M'CL.B.E.A.-33

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