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INDORSER-Continued.

rights to holder, through minor or corporation as, 136
only those who sigh as, liable as such, 138

adding words indicating representative character, 159
prior, may re-issue bill negotiated back, 231

cannot enforce payment against intervening party, 231
discharged by non-presentment for acceptance, 244
entitled to notice of non-acceptance, 250

liable to holder on dishonor by non-acceptance. 251
when discharged by qualified acceptance, 253
must express dissent from qualified acceptance, 254
discharged by non-presentment for payment, 254
liable to holder on dishonor by non-payment, 269
notice of dishonor must be given to each, 270
notice by holder benefits prior indorsers, 275
notice by, benefits subsequent indorsers, 275
notice to representative of dead, 280

when not entitled to notice of dishonor, 295
discharged by non-protest of Quebec inland bill, 297
foreign bill, 299

acceptor admits capacity of payee to indorse, 314-5
drawer admits capacity of payee to indorse, 316
liability of, on bill, 317

estoppel of, 317

person signing not as drawer or acceptor liable as, 319
pour aval, 319

compelled to pay may recover damages, 324, 326

payment by, does not discharge bill, 349

rights of, who pays bill, 349

when discharged by cancellation, 359

alteration does not discharge subsequent, 361

on each part of set liable, 377

liability of, when laws conflict, 384

liable only if note presented for payment, 429

at proper place, 430

first indorser of note corresponds to drawer of bill, 432

INFANT, see Minor

INFORMAL BILL, ambiguous, may be treated as either bill or note, 34
if in blank or incomplete, how to be filled up, 114

illustrations of, 36, 43, 47, 48, 116

INITIALS, sufficiency of, as a signature, 40

of drawer required to uncross a cheque, 409

INLAND BILL, definition of, 52

illustrations of, 53, 54

presumed, unless contrary appear on face, 55

noting or protest of, optional except in Quebec, 297
measure of damages on dishonored, 324

interpretation of indorsement abroad of, 388

form of, 469

INLAND NOTE, definition of, 421

noting or protest of, optional except in Quebec, 421
form of, 471

INSTALMENTS, bill may be payable by, 74

each, treated as separate bill, 76
illustrations of bills payable by, 77
days of grace allowed on each, 96
INSTRUMENTS, other negotiable, 454
INTEREST, bill may be made payable with, 74
banks limited to seven per cent, 75

rate of in Canada and other countries, 75-6
if payable with, from what time, 79

bill given on usurious consideration, 202

allowed as damages on dishonored bill, 324

rate before maturity does not govern after, 326
on bill dishonored abroad, 327

rate of, in case of conflict of laws, 387, 393
INTERPRETATION, of expressions used in Act, 22-31

of contract, by lex loci contractus, 383

what is meant by, 384-See Words and Phrases

INTERVENING PARTY, not liable on bill negotiated back, 231
INTRODUCTION, xlv.

I. O. U. OR BON, whether negotiable, 418
effect of Act upon negotiability of, 419

IRREGULARITY, in bill, 78, 114, 187

in indorsement, 209

in presentment when excused, 249

ISSUE, of bill defined, 29

date of, may be inserted in undated bill, 85

of accommodation bill, 184

JOINT AND SEVERAL, liability on a note may be, 421

how differs from joint liability, 423

"I promise" by two or more is, 424

JOINT ACCEPTOR or maker, in Quebec and other provinces, 422

JOINT DRAWEES, a bill may be addressed to, 59

presentment must be to all, 247, 262

acceptance by some only is qualified, 109, 114

JOINT DRAWERS or indorsers, notice must be given to all, 282
JOINT PAYEES or Indorsees, all must indorse, 214

JOINT STOCK COMPANY, see Corporation

JUDGMENT on a bill operates as merger, 333

JUDICATURE ACT, 24, 93

JUSTICE OF THE PEACE, when he may act as notary, 439
whether entitled to fees, 440

form for protest by, 466

KNOWLEDGE, as to accommodation party immaterial, 184
of defect of title sufficient notice, 188

of fraud, if holder no party to, 198

of usurious consideration, 202

of dishonor not sufficient without notice, 271

LACHES, see Diligence

LAW MERCHANT, recognized under the Act 450
what it is, 451, xlvi.

acceptance according to the, 102

LAW OF ENGLAND, see England

LAWS, CONFLICT OF, see Conflict of Laws

LEGAL HOLIDAYS, see Holidays

LEGAL REPRESENTATIVE, as party to a bill, 164
may indorse" without recourse," 211

see Personal Representative-Representative Capacity

LEGAL TENDER, Dominion notes are a, 418

LETTER, is sufficient notice of dishonor, 276

of credit is not negotiable, 459

LEX DOMICILII, 125, 391

fori, 346, 393

loci contractus, 126, 383, 392

loci solutionis, 126, 384, 390, 392

LIABILITY of drawer or indorser may be limited, 97-8
antecedent, is valuable consideration for a bill, 166

of acceptor to pay bill, 312

of drawer is conditional, 315

of parties to bill is joint and several, 316

LIABILITY-Continued.

of indorser is conditional, 317

of stranger signing bill, that of indorser, 319
measure of, on dishonored bill, 324

of party to a bill may be renounced by holder, 355

LIEN, defined, 180

cancelled by holder, 359

holder having, deemed a holder for value, 180
banker has, on bills for general balance, 181

discounter of bills has, on collateral hire receipts, 182
holder having, for part is trustee for balance, 181
LIMITATIONS, STATUTE OF, OR PRESCRIPTION,
Quebec law differs from other provinces, 19, 341
when it begins to run, 341, 343

law of England as to, 343

acknowledgements to take case out of statute, 344, 346
governed by the lex fori, 393

LIQUIDATED DAMAGES on dishonored bill, 324

LOST BILL protest of, may be made on copy, 304
when loser has right to duplicate of, 374
action on, 375

indemnity must be given if required 375-6

LUNATIC, rule in Quebec as to bill of, 127

bill of, voidable not void by English law, 127
MAKER of note given for a patent right, 204
note must be signed by, 413, 414

note to order of, incomplete until indorsed by, 420
there may be two or more, 421

when jointly and severally liable, 424

of note not discharged by not presenting, 427

liability of, 430

estoppel as to holder, 431

liability of, compared with that of acceptor, 431

provisions as to acceptor apply to, with necessary modifications, 432

personal liability of, 99, 431

MANITOBA, former law as to bills in, 15

Married Women's Property Act in, 128

power of corporations under statutes of, 133

office of notary in, 439

fees for protests in, 442

MARK, or cross, a sufficient signature, 40

to notarial note, en brevet 472

MARKED CHEQUE, not used in England, 394

liability of bank on, 399

MARRIED WOMAN, law of Quebec as to, 127

bill or note in Quebec for husband's debt null, 127, 129, 130
law of other provinces as to, 128

statutes relating to property of, 128

bill drawn or indorsed by, 137

MATERIAL ALTERATION, see Alteration

MATURITY of bill not payable on demand, 90

mode of computing time of, 93

of bill payable in a month or months, 94
holder in due course must acquire before, 186-7
holder acquiring after, takes subject to equities, 225
of bill payable on demand, 229

when bill deemed overdue, 229

when presentment necessary to fix, 240

presentment for payment at, 255

when bill protested for better security before, 301

acceptor not discharged by non-presentment at, 307

payment in due course at or after, 332

acceptor the holder at or after, discharges bill, 352
discharge of acceptor at or after, discharges bill, 353
of bill accepted for honor, 368

of bill determined by place of payment, 390, 392

of note payable on demand, 424

maker of note not discharged by non-presentment at, 427
MEASURE OF DAMAGES on dishonored bill, 324, 326
interest after maturity, 325

MERGER of bill in higher security discharges it, 333
MINOR cannot be bound by bill, 126, 128, 131

may in Quebec if emancipated or a trader, 127, 129
ratification after majority must be in writing, 127, 120
other parties liable on bill drawn or indorsed by, 136
presentment excused if drawee a, 249

MISCARRIAGE by post office does not invalidate notice, 289-90

MISDEMEANOR, in case of "patent right" bill or note, 204

MISDESCRIPTION of bill in notice not fatal unless misleading, 278-9
of payee in bill 60, 215

of drawee in bill, 105

MIS-SPELLING, how drawee should accept in case of, 105

of name of payee or indorsee, 60, 215

how payee or indorsee should indorse in case of, 215

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