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, 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
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, 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 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

CIVIL CODE OF LOWER CANADA,

in force since August 1st 1866, 9

articles 2279 to 2344, repealed by Act, 468, 485

as to capacity, 127, 131

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,
131, 137, 154, 167, 168, 181, 188, 191, 202. 210, 218, 219, 221, 225,
226, 240, 243, 253, 254, 256, 257, 282, 285, 27, 298, 301, 306, 316
320, 325, 331, 333, 339, 342, 343. 353, 356, 367, 369, 370, 395, 402,
405, 413, 422, 439, 446, 447, 468, 486

CLEARING-HOUSE, presentment through, 259

exchange of bills at, 341

COLLATERAL SECURITY, is accessory to discounted bill, 182, 420
holder of bills as, may sue on before debt matures, 234
note may contain a pledge of, 420

if instrument on its face only collateral, not a note, 47, 420
demand note given as, need not be presented, 424-6

COLLECTION, indorsement for-See Restrictive Indorsement
COMMON LAW OF ENGLAND-See England

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
taking notes for claim in excess of, 195, 196, 417

COMPUTATION, of time of payment, 90-6, 368, 390

of foreign currency, 390

of damages on dishonored bill, 324-7

CONDITIONAL, bill or note must not be, 33, 413

acceptance may be, 109, 112-3

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
interpretation of contracts by bill, 383-6
illustrations of interpretations, 386-8
inland bill indorsed abroad, 388
presentment, protest and notice, 389
foreign currency, 390

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

CONSIDERATION, parol evidence as to, admissible, 38, 51, 166-205

need not be specified in bill, 51

what constitutes valuable, 166

CONSIDERATION-Continued.

discharged on, by holder's laches, 255

waiver binding without, 267

notice to person not on bill, but liable on, 296

CONSTRUCTION, most favorable to validity adopted, 159, 166

of contract by bill, 384

of Act or document referring to repealed Act, 447

CONTENTS, vii.

CONTINGENCY, instrument payable on a, not a bill, 48
CONTINUING SECURITY See Collateral Security
CONTRACT, on a bill incomplete until delivery, 119

person with capacity to, may incur liability by bill, 124
law of place of, governs interpretation, 383-8
of drawer and indorser, 315, 317, 384

of acceptor, 312, 385

of maker of a note, 430

consideration for simple, sufficient for bill, 166

definition of simple, 168

holder having lien by, deemed holder for value, 180
bill upon usurious, valid without knowledge 202

CONTRIBUTION, between indorsers, 317

between joint makers, 422, 423

COPY, indorsement may be on in certain places, 213
protest may be on, where bill lost or detained, 304
of bill or note may be in protest, 443
of protest prima facie evidence, 444

CORPORATION, bill drawn on officer of, 99

power of to become liable on bill, 124, 131, 134
under Dominion charter, 131

Provincial charter, 132-3

word "limited" to follow name of, 132-4

illustrations of bills of, 134

bill by officer in accordance with by-law binding on, 131

not to issue note payable to bearer, 132

without power, other parties on bill liable, 136

agent or officer of, party to bill, 159-164

how officers should sign to escape personal liability, 160

seal sufficient execution of writing by, 437

note or bill of, does not require seal, 437

municipal, liable on note, 135, 438
debentures of, negotiable, 455