rights and powers of holder of, 232 BILLS OF EXCHANGE ACT, 1890, is a code, bill introduced in 1889, 3 changes during passage through Parliament, 4, 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 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 illustrations of bills filled up, 115-6 acceptance of unsigned or incomplete bill, 106 if incomplete or, holder not in due course, 187, 188 BON-See I. O. U. how made, 219 effect of, 219 in Lower Canada, 219 converted to special, 220 who may sue on bill with, 234, 235 BONA FIDES-See also Good Faith bona fide holder, 186, 198. See Holder in Due Course 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 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, 200-1 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 foreign indorsement of inland bill, 388 of signature by holder discharges party, 359 CAPACITY, to incur liability as party to bill, 124 of idiots, lunatics and interdicted persons, 127 of married women, 127 illustrations of, 128-131 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, 249 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 payee, 60-1, 415 as to indorsee, 220 as to time fixed for payment, 83-4 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 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 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 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 CIVIL CODE OF LOWER CANADA, in force since August 1st 1866, 9 articles 2279 to 2344, repealed by Act, 468, 485 conflict of laws, 125 novation, 333 compensation, 339 prescription, 341 evidence, 503 cited, 19, 24, 33, 36, 51, 53, 60, 70, 72, 93, 97, 103, 110, 124, 125, 127, CLEARING-HOUSE, presentment through, 259 exchange of bills at, 341 COLLATERAL SECURITY, is accessory to discounted bill, 182, 420 note may contain a pledge of, 420 if instrument on its face only collateral, not a note, 47, 420 COLLECTION, indorsement for-See Restrictive Indorsement COMPANY-See Corporation COMPENSATION, in Quebec-See Set-Off under Civil Code, 339 takes effect when two debts co-exist, 339, 340 operates as discharge, 339, 391 is an equity attaching to bill, 339, 340 conflict of laws as to, 392 governed by lex fori, 393 COMPOSITION, with principal, effect on surety, 355, 358-9 of damages on dishonored bill, 324-7 CONDITIONAL, bill or note must not be, 33, 413 delivery may be, 121-3 indorsement may be disregarded, 217 CONFLICT OF LAWS, 125, 379-393 between provinces, as to capacity, 125-8, 379 CONFLICT OF LAWS-Continued. lex domicilii, 125 as to requisites in form, 380 as to stamping bill, 382 bill issued abroad, sued on in Canada, 383 date of maturity, 390 foreign protest prima facie proof, 392 lex fori, 346, 393 loci contractus, 383, 392 solutionis, 126, 384 CONFUSION, same person debtor and creditor, 352-3 what constitutes valuable, 166 of simple contract sufficient, 166 antecedent debt or liability sufficient, 166 moral obligation insufficient in England, 167, 175 sufficient in Quebec, 167 compared with the French cause, 167 conflict of provincial laws as to, 167 evidence as to, 168 illustrations as to, 169-176 mutual accommodation sufficient, 174 giving time or forbearance sufficient, 175 debt barred by Statute of Limitations sufficient, 175 total failure of, a good defence, 176 partial failure of, a defence pro tanto, 178 holder for value, 179 right of lien, 180 accommodation parties, 183 holder in due course, 186 fraud or illegal consideration, 190, 194 holder claiming through holder in due course, 196 value presumed as to all parties to bill, 198 proof of fraud shifts burden of proof, 198 usurious bill, without notice valid, 202 bill for "patent right," 203-5 void unless marked "given for a patent right," 203 |