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DISHONOR-Continued.

by non-payment, 268

recourse for, 269

notice to drawer and indorsers on, 270

drawer and in lorsers discharged unless notice of, 270
want of notice of non-acceptance, 272

notice of non-acceptance, and non-payment, 273

rules as to giving notice of, 273. See Notice

of inland bill, 237

of foreign bill, 299

note, 432

of bill by acceptor supra protest, 371

DISPENSING with presentment for acceptance, 249

payment, 264-8

notice of dishonor, 202-6

protest, 305

DISSENT, by drawer or indorser to qualified acceptance, 254

DIVIDEND WARRANTS, crossed cheque provisions apply to, 444

are negotiable, 445

DOMINION NOTES, 418, 454

DONATIO MORTIS CAUSA, cheque given as, 171, 405

DRAFT, bill frequently called, 34

DRAWEE, is person to whom bill is addressed, 33, 39

instrument not a bill if not addressed to, 39

bill may be drawn payable to order of, 55
fictitious, or same person as drawer, 56-8
must be named or clearly indicated, 58
there may be two or more, 59

not be alternate or successive, 59

by assent to bill becomes the acceptor, 99

assent must be written on bill and signed by, 102
promise of, must be payment in money, 102
wrongly designated or name misspelt, 105
may accept incomplete or overdue bill, 106
bill after dishonor, 106

qualified acceptance by some, not all, 109, 114
delivery or notice of acceptance binds, 119
paying cheque on forged indorsement, 146
presentment to all, when more than one, 247
if dead, presentment to representative, 248, 262
for acceptance excused, 249

if fictitious, presentment excused, 249

not accepting not liable on bill, 310

accepting parts of set, liable on each, 378

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, 349

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"

injunction as to bill with, 150

illustrations of, 151-3

66 146

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