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Forms of Bills, Cheques, Notes, and Act of Honor,

APPENDIX I.

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. 31, P.

503
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 NAJE, party using, liable as if he used his own, 141
AT OR AFTER SIGHT--See Sight
AU BESOIN-See Referee in ('use of Verd
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, 15+
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, 193
BANK, defined. 25. See Cheques

misdemeanor, im roperly to use name of, 26
restricted to seren 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 Capacit;
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 Accommodatio. Party

BILL OF EXCHANGE-Continued.

holder in due course of, 186
negotiation of, 206-232. See Negotiation
indorsement of, 208, 211. See Indorsement
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. 0. 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

BRITISH COLUMBIA, former law in, 18

provincial companies in, 133

fees for protests in, 442
BRITISH NORTH AMERICA ACT,

bills and notes assigned to the Dominion, 1
banks and banking also, 2

civil rights to the provinces, 124
BURDEN OF PROOF, on whom lies, when fraud proved, 198, 21)-1

when bill is improperly cancelled, 366
BUSINESS DAYS. See Holidays
CANADA, object of Act to make law uniform in, 3, 6

former legislation in, 7-18
inland bill one drawn and payable in, 52
inland note one made and payable in, 421
one “ country” for bills and notes, 379, 381
foreign stamp laws not regarded in, 382
foreign bills in Canadian form valid in, 383
law of, applies to contracts made in, 382

foreign indorsement of inland bill, 388
foreign currency changed to currency of, 390
foreign protest prima facie evidence in, 392

law of England and law merchant in, 450
CANCELLATION, of signature before delivery, 119-121

of bill by holder discharges it, 359
of signature by holder discharges party, 359
by mistake, is inoperative if proved, 360

of indorsements by holder, 221, 360
CAPACITY, to incur liability as party to bill, 124

to contract differs in different provinces, 125
of infants or minors, 126
of idiots, lunatics and interdicted persons, 127
of married women, 127
illustrations of, 128-131
of corporations, 131-136
person without, may transfer bill, 136
if drawer or indorser without, other parties liable, 136-7
if drawee without, holder may treat bill as note, 56-7

presentment for acceptance excused, 219
agent, incapable of contracting may bind principal, 154

conflict of laws as to, 391
CASE OF NEED—See Referee in Case of Need

CASES CITED, list of, xiii.

OVERRULED, or no longer law, xxxv.
CERTAINTY as to amount of bill or note, 33, 41-5, 74, 415

interest, instalments, exchange, do not affect, 74-8
as to drawee, 58
as to payee, 60-1, 415
as to indorsee, 220

as to time fixed for payment, 83-4
CERTIFICATE OF DEPOSIT, 458
CHEQUE, defined, 395

on incorporated bank in Canada, 394-5
not marked or accepted in England, 394
should be addressed to bank and not to officer, 395
may be antedated or postdated, 396, 399
if drawer has no account, drawing is a misdemeanor, 396
general provisions as to demand bills applicable to, 397
not an assignment of funds in bank, 397, 401
illustrations, 398-401
is conditional payment, 398
delay in presenting, discharges drawer who suffers damage, 401
alteration of, 400
getting cheque accepted may discharge drawer, 399
delay for presenting, 402-3
drawer may countermand before acceptance, 405
death of drawer stops payment of, 404-5
as donatio mortis causa,

404
when depositor without capacity may draw, 126
crossed cheque described, 407

generally, or specially, 408

made not negotiable, 408
crossed, may be uncrossed by drawer, 409
crossing is material part of, 409
can be crossed to one bank only, except for collection, 409
if alteration of crossing not apparent, bank not liable, 410
bank not liable for paying in good faith crossed, 411
if crossed "not negotiable" same as if overdue, 412

bank not liable for collecting in good faith crossed, 412
CHOSE IN ACTION, 70

when assignee of, may sue in his own name, 70

Mercantile Amendment Act not applicable to bills, 70
CHRISTMAS DAY, a holiday for bills, 91
CIRCULAR NOTES, negotiable in England, 459

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