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ACTS REPEALED.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, 284

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, 242

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

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

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

APPENDIX I. FORMS of Bills. Cheques, Notes, and Act of Honor,
469-73

APPENDIX II.

STATUTES

R. S. C. c. 123, p. 474

Consol. Rules, Ont. Rule 303, p. 484

Civil Code Quebec, Arts. 2279-2354, p. 486

Art. 1232, p. 503

Code of Civil Procedure, Arts, 89, 145, 887-889, p. 503
Rev. Stat. N. S. c. 82, p. 507

Rev. Stat. N. B. c. 116, p. 508

Stat. N. B. 30 V. c. 34, p. 508

ASSENT, acceptance is, to order of drawer, 99

of drawee and indorsers to qualified acceptance necessary, 254
ASSIGNMENT, bill not an, of funds in hands of drawee, 310
of bills otherwise than by indorsement or delivery, 206

of chose in action, 70

of debts in Quebec, 70

ASSUMED NAME, party using, liable as if he used his own, 141
AT OR AFTER SIGHT--See Sight

AU BESOIN-See Referee in Case of Need
AUTHORITY, to fill in date, 85, 87, 114

to complete bill and fill up blanks, 114
illustrations of, 115-6

blanks must be filled up in accordance with, 117

death revokes, unless value given, 118

name signed without, is inoperative, 145, 148

estoppel as to denial of, 150

procuration is notice of limited, 153

of officers of corporations, 154
of partners to bind firm, 154, 215

of agent. See Principal and Agent

restrictive indorsement is limited, 222

qualified acceptance taken without, discharges parties, 253, 254

cancellation without, is inoperative, 360

AVAL, defined, 319

in same position as ordinary indorser under the Act, 319
illustrations of, 322. 418

under Civil Code, 19, 493

BANK, defined, 25. See Cheques

misdemeanor, improperly to use name of, 26
restricted to seven per cent. interest, 75

BANK-Continued.

cheque is demand bill drawn on, 395
usage of, may decide reasonable time, 402
duty of, to cash customer's cheques, 404
paying crossed cheque, when protected, 410
collecting crossed cheque, when protected, 412

BANK ACT, banks recognized by, 25

limitation as to rate of interest, 75
banks under the provision of, 395
present Act not to affect, 446
BANK DEPOSIT RECEIPTS, 458

BANK NOTES, law regulating the issue of, 418, 454
"BANKRUPT," struck out by amending Act, 450

BEARER, defined, 26

bill payable to, 33, 45, 72

prohibition as to issue of, 45, 132
when payee is fictitious, 63
negotiated by delivery, 207

holder of, without interest may sue, 234, 235

note payable to, 413, 415

bank notes payable to, 415, 418

Dominion notes payable to, 418

debentures payable to, 455-8

BETTER SECURITY, protest for, if acceptor suspends payment, 301

BILL, in Act means bill of exchange, 26

BILL OF EXCHANGE, origin of, xl.

history of, xl.

defined, 33

what is not, 46, 47, 48, 49, 59, 84

inland and foreign, 52

requisites of, 58, 60

when not negotiable, 69, 222, 225

when negotiable, 72, 74

how maturity of is computed, 90, 93, 94

acceptance of, 99. See Acceptance

incomplete, 114

capacity to become party to, 124. See Capacitj
who is liable on, 138

forged or unauthorized signature, 145. See Forgery
signature by procuration, 153. See Procuration
consideration for, 166. See Consideration

accommodation party to, 183. See Accommodation Party

BILL OF EXCHANGE-Continued.

holder in due course of, 186

negotiation of, 206-232. See Negotiation
See Indorsement

indorsement of, 208, 211.

overdue, 225-231

rights and powers of holder of, 232
presentment of, for acceptance, 240-250
must be presented for payment, 254
when dishonored by non-payment, 268

BILLS OF EXCHANGE ACT, 1890, is a code,

bill introduced in 1889, 3

changes during passage through Parliament, 4,
how cited, 21

assented to, May 16th, 1890, 21

came into force, Sept. 1st, 1890, 21, 447

amended by Act of 1891, 6, 19, 83, 86, 146-7, 243, 249, 301, 449-53

applies only to bills, cheques and notes, 20

copied from the Imperial Act, 1882, 21
is not retrospective, 21, 447

BLANK, date in bill or acceptance, 85

paper with signature only, to be filled up as bill, 114

incomplete bill, authority to fill up, 114

illustrations of bills filled up, 115-6

acceptance of unsigned or incomplete bill, 106

if incomplete or, holder not in due course, 187, 188
indorsement in, 211, 219

how made, 219

effect of, 219

in Lower Canada, 219

converted to special, 220

who may sue on bill with, 234, 235

BON-See I. O. U.

BONA FIDES-See also Good Faith

bona fide holder, 186, 198. See Holder in Due Course

illustrations of, 188, 189, 200, 201

in paying bill, 332

consistent with negligence, 433-4

BONDS OR DEBENTURES, whether negotiable, 454-8

government, 454

municipal, 417, 455

of other corporations, 456