DRAWER, is person who addresses bill, 33, 39
and drawee when same person, 56

bill may be drawn to order of, 55

may insert name of case in need, 97
may limit liability or waive holder's duties, 97
drawee may sign bill before, 106
order of, may be accepted generally, 107
qualified acceptance of, 107, 109

may give signature on blank paper, 114

contract of, incomplete until delivery, 119

delivery presumed, if not in possession of bill, 121

when corporation may be, 124

where no capacity to be party to bill, 136

must sign as such to be liable, 138

action on forged indorsement for one year, 146
signing as agent, officer or representative, 159
when not personally liable, 159-166

may re-issue bill negotiated back to him, 231
when not discharged by delay in presentment, 243
discharged by delay in presenting sight bill, 244
non-assent to qualified acceptance, 253-4
non-presentment for payment, 254
want of notice of dishonor, 270

if dead, notice given to representative, 280
notice to, when dispensed with, 294
liability, of, to holder or indorser, 315
estoppel of, as to payee, 316

damages recoverable by, who pays, 324

bill not discharged when paid by, 349

may not re-issue bill to order of third party, 319

may re-issue bill to his own order, 349

if bill for his accommodation, his payment discharges it, 351
accepted for honor of, if not otherwise stated, 368

may be required to replace lost bill, 374

undertaking of, 384

of cheque discharged by negligence of holder, 401
holder of cheque is creditor in lieu of, 403

of cheque may stop payment before acceptance, 404
notice of death of, stops payment of cheque, 404
may re-open crossed cheque, 409

of crossed cheque, rights if paid in good faith, 401

DUE COURSE, holder in, 186-See Holder

payment in, defined, 332-See Payment

DUE DATE, how determined, 90-6
place of payment governs, 390
DUPLICATE, of lost bill, if required, 37
forms in first schedule, 443

DURESS, cause of defective title, 190-3
evidence of, shifts burden of proof, 198
DUTIES OF HOLDER, 240-309-See Holder
ENACTMENTS REPEALED, and extent, 445
ENDORSEMENT-See Indorsement

ENGLAND, law of, in Quebec, 7, 8, 9

Ontario, 10

Nova Scotia, 11-13
New Brunswick, 13

P. E. Island, 14

Manitoba, 15-17

N. W. Territories, 17
B. Columbia, 18

common law of, in Canada, 450

EQUITABLE ASSIGNMENT, of fund or part, 48-50

bill or cheque not, 310-1

of bill, 70

of chose in action, 70-1

EQUITY attaching to bill. See Defect of Title

ERASURE of signature, holder must account for, 360
of name, material alteration, 364

ECROW, bill delivered as, 122
ESTOPPEL, defined, 150

of acceptor, as to drawer, 313
payee, 67, 315
of drawer as to payee, 67, 316

of indorser, as to drawer and prior indorsers, 317
of maker of note, as to payee, 431

EVIDENCE, to vary or contradict bill, 36-9

date may be proved to be wrong, 88
as to consideration is admissible, 168
of fraud etc., shifts burden of proof, 198
of delivery being conditional, 121-3
foreign protest is prima facie, 392
articles of code as to, not repealed, 468
lex fori governs as to admission of, 393
cheque not, of money lent, 398
protest is prima facie, 444

EXCHANGE, bill may be payable with, 74, 77-8
damages on bill dishonored abroad, 326-7
foreign currency, at current rate of, 390

EXHIBITED, bill should be, on demanding payment, 309

EXECUTOR, see Representative

FACT, reasonable time, question of, 117
unreasonable time, question of, 229

FAILURE OF CONSIDERATION,
effect of total, 176-8

effect of partial, 178-9

FAST DAY, is a holiday for bills, 92

FALSE PRETENCE, giving cheque where no account is, 396

FEAR, cause of defect in title, 198
effect of evidence of, 198

FEES, for noting or protesting, 440-2

allowed to holder, 440

part of liquidated damages, 324
provincial tariffs for, continue, 440

FICTITIOUS, where drawee, bill treated as note, 56

presentment is excused, 249,

notice of dishonor is excused, 294

where payee, bill payable to bearer, 63

person defined, 66

parties to bills, 68-9

FIGURES, different from words, latter govern, 78

FIRM, see Partners

FORCE, cause of defect in title, 198
effect of evidence of, 198

FOREIGN BILL, what is a, 52

accepted for part, must be protested for balance, 254
dishonored, must be protested, 299

if not, on face, protest unnecessary, 299

protested for non-acceptance and non-payment, 30)
rights, duties and liabilities on, 380

not stamped, valid, 382

in Canadian form valid here, 383
law of place of contract governs, 383
protest of, prima facie evidence, 392

FOREIGN NOTE, what is a, 421

should be protested to bind indorsers, 432
MC'L B.E.A.-34

FOREIGN CURRENCY, computation of, 390
FOREIGN DISCHARGE, effect of, 380, 391-2
FOREIGN GOVERNMENT BONDS, 454
FORGED OR UNAUTHORIZED SIGNATURE,
is wholly inoperative, 145, 148, 151

confers no right except by estoppel, 145, 151

unauthorized may be ratified, 145

forged cannot be ratified, 145, 148, 150

one year to bring action for payment on, 146, 150
drawee of cheque indorsed with, has action, 146, 450
indorser"
66 146

66

66

66

injunction as to bill with, 150
illustrations of, 151-3

money collected on, liable to refund, 152-3
payment of crossed cheque altered, 410

FORGERY, defined, 147, 148

Canadian statute relating to, 148

by a person of the same name, 152
fraudulent alteration of bill is, 365
FORM, and interpretation of bill, 33-124
requisites in, by law of place of issue, 380
contract 380
conforming to law of Canada, 383
FORMS in first schedule may be used, 443
A. Noting for non-acceptance, 460
B. Protest of Bill payable generally, 461.
at a stated place, 461
noted for non-acceptance, 462
note payable generally, 463

C.

D.

E.

F.

at a stated place, 464
G. notice of noting or protest of bill, 464
protest of note. 465

H.

I. service of notice, 466

FRAUD, defined, 191, 434

title defective if bill obtained by, 190

acceptance obtained by, 190
negotiation fraudulent, 190

is not presumed, must be proved, 191
illustrations of bills obtained by, 192-4
may be holder in due course, unless party to, 196-7
burden of proof is shifted, on evidence of, 198
title may be through holder in due course, 198
illustrations of onus of proof, 199-202

fraudulent alteration of bill is forgery, 365
mere negligence is not proof of, 434

FRENCH LAW in Quebec, 7

in Ontario, 10

ancient, 7, 8, 10, 56, 87, 97, 113, 114, 167, 219, 242, 252, 253, 319, 350
354, 372, 422

modern, 34, 46, 51, 52, 56, 67, 72, 87, 91, 96, 97, 113, 114, 167, 168,
213, 219, 220, 221, 242, 245, 252, 257, 270, 301, 316, 320, 354,
366, 372, 397, 413, 432

FUND, order to pay out of, not a bill, 48

indication of, may be in bill, 48
illustrations of orders on a, 48-50

bill or cheque not an assignment of, 310-1
GENERAL ACCEPTANCE, 107. See Acceptance
GENERAL CROSSING. See Crossed Cheque
GOLDSMITHS' NOTES, 1.

GOOD FAITH, wrong date inserted in, 86

holder in due course, takes bill in, 186, 188
negotiation of bill in breach of, 190
payment in due course must be in, 332
bank paying crossed cheque in, 410-2
thing done honestly deemed to be in, 433
negligently may be in, 433-5

is always presumed, 433

See Days of Grace

GUARANTOR. See Aval-Warrantor

HISTORY of bills and notes, xlvi.

HOLDER, defined, 27

liability to, may be negatived or limited, 97-8
when deemed a holder for value, 179

having lien is deemed a holder for value, 180

GRACE.